2THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
AMOUNT:
ACCOUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members ofthe City Commission
Steven Alexander, City Manager
August 4, 2015 Agenda Item No.: 2..
A resolution authorizing the City Manager to negotiate and approve a change
purchase order with Coreland Construction Corp. for additional services to the Manor
Lane Neighborhood Traffic Calming Improvement project.
The project consists of the construction of five speed tables along Manor Lane and SW
63" Avenue. This includes, but is not limited to, the furnishing of all labor, material,
tools, equipment, machinery, disposal of all materials, superintendence and services
necessary for the completion of the construction of the project.
The City received seven bids in response to a solicitation. Pursuant to review, it was
determined that Coreland Construction Corp. was selected as the most responsive
and responsible bidder for this proposal.
During the construction of the traffic calming improvements along Manor Lane, it was
determined that due to our communications from the surrounding community,
additional work and materials are required to complete the project. The proposed
$9,276 for additional scope will include a new speed table and enhance the efficacy of
the traffic calming devices.
Amount not to exceed $9,276
The expenditure shall be charged $9,275.90 to People's Transportation Plan account
number 124-1730-541-6490, which has a balance of $1,570,313.10 before this request
was made.
Resolution
Resolution 081-15-14420
Coreland Construction Fee Proposal
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RESOLUTION NO.: _____ _
A Resolution authorizing the City Manager to negotiate with and approve an expenditure with
Coreland Construction Corp. for additional services to the Manor Lane Neighborhood Traffic
Calming Improvement project.
WHEREAS, the Mayor and City Commission wish to provide traffic calming to the Manor Lane
Neighborhood, and
WHEREAS, it was determined that additional services, in a total amount of $13,022.00, is required to
complete the Manor Lane Project; and
WHEREAS, per Resolution 081-15-14420, the commission approved a contingency in the amount of
$3,746.10 to be utilized for the additional services; and
WHEREAS, an additional $9,276 requires commission approval to finalize the Manor Lane Traffic
Calming Project.
WHEREAS, the total expenditure amount is not to exceed $9,276 per this resolution; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and issue
a purchase order with Coreland Construction Corp. for additional services for the Manor Lane Neighborhood
Traffic Calming Improvements for a total amount not to exceed $9,276.
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 issue a change order with
Coreland Construction Corp. for the additional services for the Manor Lane Neighborhood Traffic Calming
Improvements for an amount not to exceed $9,276. A copy of the fee proposal is attached.
Section 2: The expenditure shall be charged to the People's Transportation Plan account number 124-
1730-541-6490 which has a balance of $1 ,570,313 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 ______ " 2015.
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
Martinez, Grizel
From:
Sent:
To:
Cc:
Subject:
Ricardo,
Nestor Hernandez [nhernandez@corelandconstruction.com]
Monday, July 27,2015 1 :33 PM
Ricardo Ayala
Martinez, Grizel; Shari Kamali; Alvaro Medina; Monica Hernandez
Requested Quote
I have adjusted the milling and asphalt to your quantities (see below). However, the striping is a minimum
charge from our striping subcontractor. I apologize if you feel this line item is too high, but that is our direct
cost. If the City has the capability to perform this scope or has a vendor that can do it for $200.00, feel free to
deduct this item from the work. Once again, my sincerest apologies for not being able to provide a better price
on the striping item.
DeSCription
Re-MClblllzation
MOT
CIElarlng and GrubbIng
Prepared Soli Layer Fln~sl1 Soil 6"
MIlling
superpave Asphalt
FCulrb
DCurb
SUd
Signs
Temp Striping
Thermoplastic
Best Regards,
Nestor Hernandez, VP
~
CORELAND CONSTRUCTION corp.Elf
12301 sw 128th Court, #107
Miami, FL 33186
1
unit Est. Qty.
l.S
IS
l.S
Sy
SY
TN
IF
IF
SY
AS
LF
Lf
Unit CClst Total COst
1 $ 3,600.00 $ 3.600
1 $ 800.00 $ 800
\1 $1,100.00 $
0 $ 20.00
$ 4.00
$ 220.00
0 $ 30,00 $
0 $ 25.00 $
0 $ 18.75 $
o $ 200.00 $
l' .( -IIIUIII_ i "'~ , ,
o $ 7.50 $
$ 13,022.
RESOLUTION NO.: 081-15-14420
A Reaolullon authorizing the City Manager to negollale and enter Into a contract with Coraland
Conltructlon Corp. for the conalructlon of Ihe Manor Lane Neighborhood Traffic Calming
Improvementa
WHEREAS, the Mayor and City Commission wish to provide traffic calming to the Manor Lane
Neighborhood, and
WHEREAS, pursuant to a competitive selection process In accordance with the City Charter, it was
determined that Coreland Construction Corp. submitted a bid in the amount of $24,974 that was the most
comprehensive and cost effective in its construction approach; and
WHEREAS, the City desires to· provide a contingency of $3,746.10 over the bid amount for unknown
factors that may arise during the work; and
WHEREAS, the total expenditure, Including the contingency amount, Is not to exceed $28,720.10; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enler
Into a contract with Coreland Construction Corp. for the construction of the Manor Lane Neighborhood Traffic
Calming Improvemenle for a total amount not to exceed $24,974.
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 negollate the terms and conditions and to execute a
contract with Coreland Construction Corp. for the construction of the Manor Lane Neighborhood Traffic Calming
ImprovementS for an amount not to exceed $24,974, and he Is authorized to expend up to $3,746.10 for
unforeseen conditions. A copy of the bid Is attached.
SectIon 2: The expenditure shall be charged to the People's Transportation Plan account
number 124-1730-541-6490 which has a balance of $1,607,435.10, before this request was made.
Section 3: If any section clause, sentence, or phrase of this resolullon is for any reason held invalid or
unconstitutional by a court of compelent Jurisdiction, the holding shall not affect the validity of the remaining
portions of this resolution.
SecUon 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 19th day of_M_a..:y'---___ , 2015.
APPROVED:
COMMISSION VOTE: 5-0
Mayor Stoddard Yea
Vice Mayor Harris Yea
Commissioner Welsh Yea
Commissioner Liebman Yea
Commissioner Edmond Yea
To:
FROM:
DATE:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER;.QFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
May 19,2015 Agenda Item NO.:.£
SUBlEcr: A resolution authorizing the City Manager to negotiate and enter Into a contract with
Coreland Construction Corp. for the construction of the Manor Lane Neighborhood
Traffic Calmlns Improvements.
BAcKGROUND: The project consists of the construction of five speed tables along Manor Lane and SW
fdd Avenue. This includes, but Is not limited to, the fumlshlng of all labor, material,
tools, equipment, machinery, disposal of all materials, superintendence and services
necessary for the completion of the construction of the p",ject.
The City received seven bids in response to a solicitation. Pursuant to review, it was
detennlned that Coreland Constructlon Corp. Is the most responsive and responsible
bidder for this proposal. Below are the proposals received:
Coreland Construction Corp.
Perrin International Services, Inc.
RP utlUty .. Excavation, Corp
The Combined Group
WIlliams Paving
Florida Blacktop Inc.
Sanchez Arango Constructlon
$24,974.00
$28,381.00
$34,400.00
$39,450.00
$55,651.41
$57,659.08
$&&,610.00
A contingency amount of $3,746.10 will be Included over the proposal amount to
address for unknown factors that may arise during the work. The total amount of the
contract,lnciuding the contingency, will be $28,720.10
AMOUNT: Amount not to e~ceed $28,720.10
AccoUNT: The expenditure shall be charged $28,720.10 to People's Transportation Plan account
number 124-1730·541·6490, which has a balance of $1,607,435. 10 before this request
was made.
ATTADlMEN1S: Resolution
Contract
Coreland Construction Bid
Scope of Work
RFP Advertisement
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Pre-Bid Sign-In Sheet
Bid Opening Report
Proposal SummalV
Demand Star Results
Sun Biz, Coreland Construction Corp.
, ....... .. . •
'. , ,
SoutOOiami
lHt CITY Of f\fASNoIT lMNtl
PEOPLE'S TRANSPORTATION TAX FUND BUDGET HIGHLIGHTS
3450 Contractual Services -Citywide Transportation Plan which willindude roadway, sidewalk,
swales, neighborhood greenways & blcyde plan.
6490 Construction Projects -
Pinecrest V~lulSnapper Creek Traffic Calming -Design and Construction
(Between 62 Ave and USI from 78 St to 80 St)
Twin LakesiBlrd Estates Traffic Calming Construction (Between 61 AVE" 64
AVE, from 40 STto +f ST; "~n5~~to 64 ST, from 62 AVE to 67 AVE)
·l'IiilJlli".LiUTfitllj'ttJmhlt!~ __ _
(~ n SI'I/Id ~JJroll1 ~.AvellO 61~)
. Cacoplum Trafflc Q;lmlng Construction (Between 62 AVE and 67 AVE, from 64
ST to 72 ST) (Design Concerns Under Review)
42 Street Drainage Desip and Roadway Reconstruction
78 Street" 63 Avenue Drainage Roadway Reconstruction
South Miamllntermodal Transportatlon Plan -Study and Design
South Mlamllntermodal Transportation Plan -Construction
Citywide Sidewalk Repairs
60th Place Road Resurfacing (Between 40 " 44 ST)
Citywide Replacement of Directional Street Signs" Posts
SW 62 AVE Design and Roadway Reconstruction
Transit Improvements
CITY OF SOUTH MIAMI BUDGET FY 2014-2015
TOTAL
150,000
175,000
150,000
85,000
85,000
100,000
125,000
40,000
50.000
150,000
270,000
80,000
1,560,000
221
.. Proposed Table, as shown on
Signed & Sealed Plans
Proposed Table, as described in the Memo
-~ from the Engineer and aUached within this
45 exhibit
Martinez, Grizel
From:
sent:
To:
Co:
Peps, Thomas F.
Tuesday, April 28, 2015 2:32 PM
Martinez, Gnzet
Rlc;ardo Ayala
Subject: RE: Manor lane Contract Bid submittal
Attachments: Corland Const_ Manor Lane Traffic Calmlng·Cantreet (2).pdf
I removed the reference to the Exhibits at the top oftha contract documents and you need to add
Exhibits 1 and 2 from the RPF to the Supplementary Conditions, Otherwise I approve of the
contract documents; Please substitute the first page of the attached contract documents for the
one signed by the contractOr so as to remove the reference to the word "EXlDBIT" and the
exhibit number from those documents.
Very truly yours,
Thomas F. Pepe
city Attorney
City of South Miami
1450 Mad!ugaAvenuo, 810202,
Coral <labies, Plorida 33146
Tel: (305)667-2564
Fax: (305) 341-4584
E-mail: I1I"pe@oguthiniarnifJ.sov
ATTENrION: This e-mail may contains PRIVILEGBD AND CONFIDENTIAL INFORMATION intended ooly for the use of the
addressee named abovo. If you are not the intended Reeiver, you .... hereby notified tbat any dissemination aflbis tommunieatioo is
strictly prohibited. lfyou have noceived this .-mail in error, please immediately notUy us by tel.pbone, call tollOCl if oubid. of your
area c:ode and delete this •• mail. W. win relmbwso you for the cost o(your long distanco calL Thank you. Pleaso alBo note: Aile-
mails to and 110m this .-mailsft ..... kept as a public record Your 8-mail communicallODS, including your e-mail addRss may be
disclosed (0 the public and media at any time pursuantto Florida Slwtes, ch. 119.
From: Martinez, Grizel
Sent: Tuesday, April 28, 201512:38 PM
To: Pepe, Thomas F.
ee: Ricardo Avala
Subject: Manor Lane Contract Bid submittal
Mr. Pepe, attached Is the contract that was submitted within the RFP bid submittal for the Manor Lane Traffic Calming
Improvements.
Thanks,
Grlzel Martinez, E.!.
•• dt ;"gnthMItmIFLpoy
EngIneering & Conatrucllon DIvI.lon
City of South Miami
4785 SW 15 Avon ..
MIami, FIU1"
30_3·2063
1
EXHIBIT 4
CONSTRUCTION CONTRACT
"Manor Lane Traffic Calming Project"
RFP #PW201S·0S
. ,/ THIS CONTRACT was made and entered Into on this ;;!tl day of ....:::Jtt::....._'Ul-::-_-,-_ ....
20 ll.....> by and between Coreland Construction Corp. (hereafter
referred to as "Contrattor"), 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 Contrattor 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 hereinafter referred to as the Work. .
2. The Contract Documents shall Include this Contract, General Conditions to the Contract, if any,
the drawings, plans, specifications and projett 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 which 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 Contrattor shall commence the Work to be performed under this Contratt 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 Contratt Documents.
4. The Owner hereby agrees to pay to the ContrattDr for the faithful performance of this Contract,
subject to additions and deductlons as provided in the Contratt Documents and any properly
approved, written change orders, in lawful money of the United States, the amount of: (Spell
Dollar Amount here) Twenty·four thousand, nine hundred seventy..four Dollars
($ 24.974.00--->, lump Sum ("Contract Price'').
S. The expenses of performing Work after regular working hours, and on Sunday and legal hohdays
shall be Included In the Contratt Price. The City may demand, at any point In time, that any part,
or all, of the Work be performed after regular working hours. In such event, the Respondent
shall have no right to additional compensation for such work. However, nothing contained
herein shall authorize work on days and during hours that are otherwise prohibited by ordinance
unless speclflcally 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 retalnage (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 Contrattor of evidence •• tlslattory to the Owner that all labor,
material, and other costs Incurred by the Contrattor in connection with the construction of the
Work have been paid in full, and atter compliance with the terms for payment provided for in the
Contratt Documents, final payment on account of this Contratt shall be made within sixty (60)
calendar day. after the completion by the Contrattor of all Work covered by this Contract and
the acceptance of such Work by the Owner.
Thomas F. Pepa
01023.15 58
8. The Work shall be completed In 20 workiol days. 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. iiquidated damages shali be paid by the Contractor at the rate of S600.00
doll," per dl)'. 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 andlor 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 c:over the
performance of the Work or payment to subcontractors and suppliers, the Contractor shall. at
its expense within five (5) 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, 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 furn.ished in the manner and in the form satisfactory to the City.
10. No additional Work or e,xtras 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.
II. 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 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 approving the Contract
whichever Is the later date.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth
next to tholr 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.
Pruiden t
ATTEST%,,~(2 OWNER: CITYOFSOU_T_------~
Sig .. tu~_ Signature:
Marla Menendez -r :;ft_"""' .... m
Thomas F. P.".
OH3·IS
CltyCle
S9
ARTICLE I -PEFINITIONS
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
"Manor Lane Traffic Calming Proie~ct"
RFP I#PWIOIS.OS
Whenever llIed In these General Conditions or in the other Contrac:t 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
thl. Article to define the word or group of words, the definitions contained in this Article shall not apply unle ..
the word or group of words, in the context of it or their use in the Contract Document in question, islare
ambiguous and open far Interpretation. In addition, these definition •• hall also not apply to Interpret terms In a
speeffie provisIon of a Contract Document if that speciftc provision contains a definition of these terms:
Addenda; Written or ,",phlc documents issued prior to the Bid Opening which modify or Interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, darifocations or correction.
Application for Payment: A form approved by the CONSULTANT, If any, or the City Manager which is to be used
by the CONTRACTOR In reques~ng progress payments. •
lIId; The oller 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 Owner's solicitation for proposals or bids
for War!<.
Bid Documents; The solicitation for bids or proposals and all documents that make up the solicitation including
the instructions, form of documents and affidavits. .
l!!!mlI; 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.
Cham Order; A written order to the CONTRACTOR signed by the City Manager 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.
. Work Order ProPQsaIs: Written proposals from the CONTRACTOR In response to orders or request for work
based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item
pridn~ where there are multiple locations, and the timeframe for completing the work.
QJ:r; The City Manager for the City of South, Miami. 6130 Sunset Drive, South Miami, FL 33143, unless the
context wherein the werd is used should more appropriately mean the City of South Miami.
Constry!:!lon ObseneG An authorized representative of the CONSULTANT, if any, or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified In writing of the iden~ty of this representative.
Contner: 1logJ11lMtJ. The Contract Documents shall inc.!ude the Contract between the Owner and the
Contractor, other documents listed in the ContrKt 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,
Insuranc.e endorsements, Insurance Certificates and polides. the Notice of Award, the Notice to Proceed, the
General Concrltions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifica,ions,
Drawings, Including any incorporated spedfications, addenda to the drawings Issued prior to execu~on 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 Dme: The number of calendar days stated in the Contract for the completion of the Work.
ContAct;"' Officer: The individual who is authorized to sign the contract documents on behaW of the OWNER.
CONTRACTOR; The person, firm or corporation with whom the OWNER has executed the Contract.
CONSUl TANT' The person Iden~fled as the CONSULTANT In the Supplementary Conditions or, W none, then
CITY'. designated representative as identified in the Supplementary Conditions.
Thomas F. Pap.
02·23·15 60
!2i)!; A period of twenty-four hours measured from the beginning of the day at· 12:0 I a.m. and it ,han be presumed
to be a calend.r day unless spe<:lRcaily designated as a business day.
Qm: The number of twenty-four (24) hour periods following the event to which the word "days" refers
commendng at 12:0 I a.m. at the start of the no>« 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 I .. t day of the period so computed shall be Included unle .. 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.
D!!lPS!jytl Work; Work that is unsadsfactory, faulty, or defident in that it does not conform to the Contract
Documents. or does not meet the requirements of an)' 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 bRn de1epted to the Owner); subsdtudons that
are not properly approved and authorized, any deficianey in the Work, materials and ~uipm •• t; materials and
~uipment fumlshed under the Contract that are not good quality and new unless otherwise r~uired or
permitted bY the Contract Documents.
Prawlnll: The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if no.e, then by an architect or engineer hired by the City and
are ref'erred to In the Contraa Documents.
FIeld Order; A written order issued bY the CONSULTANT which darifles or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor ch,nges in the Work in accordance with paragraph 10,2.
MgdIRg,tion' (0) A written amendment of the Contract Documents 'igned by both pardes, (b) • Change Order
'igned bY both parde" (c ) a written clarification or'interpretadon If issued by the CONSULTANT in accord.nce
with paragraph 9.3 or (d) a written order for minor change or alteradon in the Work Issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execudon of the Contract, It
must be in writing and signed by the party against whom the modification Is sought to be enforced.
NgD:Qlofonnlnr Work means work that does not conform to the Contract Documents and includes work that is
unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable Inspeedon, reference
standard, test, or that does not meet any approval required bY. or referred to in, the Contract Documents, or
worik that has been damaged prior to CONSULTANT's recommendation of flnal payment (unless responsibility for
the proleedon thereol has been assumed In wri~ng by CITY).
Notlc!! pf Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with
the conditions precedent to be fulfilled by II within the time specified, CITY will execute and deliver the Contract
to him.
Notice !D Prooeed' A written notice liven bY CITY to CONTRACTOR (with copy to CONSULTANT) fixing the
date on which the Contract Time shan commence to run and on which CONTRACTOR shall start to perform its
obligations under the Contract Documents.
~: An IndMduai or legal entity.
f!:gj\l!iI; The endre construction operation being performed as delineated in the Contract Dotumems.
~ The term "policy" as used in the Contract Documents shall mean the insurance binder, if it is Issued, the
dedaradon page 01 the policy and the body of the policy, Including all endorsements.
REf; Request for Proposal.
SGQJJI qf Seryices.. This phrase refers to the scope of the services or work to be performed and it has the same
meaninl as Scope of the Work unless the context In which the ph .. e is u,ed clearly means otherwise.
Shop P!JW!np: All drawings, diagrams, Illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOII. a Subcontractor, manufacturer, supplier, or distributor, and which Illustrate the equipmen~
material or some pordon of the work and as r~uired by the Contract Documents.
Samples: Physical examples which 1I1ustrate materials, ~uipm.nt or workmanship and establish ,tandards by which
the Work will be judged.
Specfficatlons: Those pordons of the Contract Documents conslsdng of written technical descriptions of
materials, equipment, construction s),stems. standards and workmanship as applied to the Work.
SUbconl!ll!:tgr; An individual, firm or corporation having a direct contract with CONTRACTOR Dr with any
other Subcontractor for the performance of a part of the Work at the construction site:.
Substantial Completjon; The date, as certifled by the CONSULTANT, when the construction of the Project or a
certified part thereol is sufllciendy completed, in a.:cordance with the Contract Documents, so that the Proiect, or
a substantial part, can be utilized for the purposes for whIch It was intendod wllhout restriction or limitation to
any degree, other than for the repair 01 minor "punch list" Items; Dr if there be no such cerdfication. the date
when final payment is due in accordance wilh paragraph 14.9. However, in no event shall the project or portion
thereof, b. deemed to be substantially completed until a certificate of occupancy or cerdficate 01 use is lawfully
Thomas F. Pepe
OZ-23·15
issued by the applicablegovemmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false. misleading or Inaccurate infonnation, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defect",. to
a degree greater than that which would nonnally to be considered by the City to be minor 'tpunch list" work.
~ 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.
~ The individual or entity who is an obligor on a Bond and who i. 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.
lMIrk; Any and all obligations, duties and responsibilities necessary for the successful performance and completion
of the Contract.
~ The term "Notice" as used herein shall mean and include aU written notices, demands, instruc;tions,
daims, approvals and disapprovals reqUired to obtain compliance with Contract reqUirements. Written nOlice
shall be deemed to have been duly served if delivered in person to the individual or to a member of tho finn or to
an officer of the corpontion for whom it Is intended, or to an authorized representative of such individual, firm. or
corporadon, or If delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing. any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
ARTICLE 2 -PREblMINARY MATTERS
AIm!!:
2.1 The CITY reserves the right to reject any and all Bids, at lis sale 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 invostlgation, as It deems necessary, to establish, to'the satisfaction of the CITY,
which Bidder Is the most responsive and responsible of all the Bidden to complete the Work within the
time pres&:ribed and in accordance with the Contract Documenu. The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sole discretion and .atisfactlon of the City, to be
sufficiently re.ponsible, qualified and flnancialable 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. K the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day alter opening of Bids.
EoMlon of Contract:
2.2 At least lour counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance. the Binder of Insurance if issued, the Insurance Declaration Page if not Included In the Policy of
Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated
.upervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents u 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 exlCuted In counterparts separately by each of the parties and. in
such eventa each counterpart separately executed shall. without proof or accounting for the other
counterpart be deemed an original Contract Document.
FOrfeiture of Bid SecurityJPerformMCJ and Payment Bond. if any are required by the applic;ahle REf;
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 (I 00%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered In such Contract
as well as full payment of all suppliers. material man. laborers, or Subcontractor employed
pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall conlinue In effect for flve year after final completion and acceptance of the Work
with the liability equal to on. hundred percent (100%) of the Contract Sum.
2.3.3 Pursuant to the requirements of Section 255.05(1), Aorida Statutes, CONTRACTOR shall onsure
that the Bond(s) referenced above .hall be recorded In the public records of Miami-Dade County
and provide CITY with eVidence of such recording.
Thomu F. Pepe
01-13-15 .2
2.3.4 Each Bond must be executed by a surety company authorized to do bu.lnes. in tho State of Aorlda
as a surety. having a resident agent in the State of Florida and having been in business wtth a record
of .uccos.ful continuous operation for a least five (5) years.
2.3.5 The surety company .hall hold a current certlflcate of authority as acceptable surety on federal
bond. In accordance with the United States Department of Treasury Circular 570. current
re'41sions.
2.3.6 The CITY .hall only be reqUired to accept a surety bond from a company with a rating A. VII or
better. .
2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the reqUired
bonds and Insurance documents shall be cause for the CITY to anl"lul the-Notice of Award and
declare the Bid and any security thereforo forfeited.
ContraCfpc's Pre-Stilrt Repwentatipo'
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 Dooumen!'. 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 repre •• nts that It has correlated its study and ob.ervations with the
requirements of the Contract Documents. CONTRACTOR al.o represents that it has studied all .urveys
and investigallons. reports of .ubsurface and latent physical conditions referred to in the spedflcation.
and made such additional surveys and Investigations as it deem. necessary for the performance of the
Work rofleczed In the Contract Documents and that he has correlated the re.ults of all such data with
the requirements of the Contract Documents.
Commeneement of Cpntract T1IDA;
2.5 The Cantraa Time shall commence to run on the date stated In the Nodal to Proceed.
Starting the PrQIect;
2.6 CONTRACTOR shall start to perform Its obligations under the Contract Doruments on the date the
Contract Time commences to run. No Work shall be done at the site (as deftned In Article I). prior to
the date on which the Contract Time commences to run, except widl the written consent of the CITY.
Befprg·Sqrtlnr 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 conflia. error, or
discrepancy which it may discover. Neither the OWNER nor the CONSULTANT shall be nable for any
harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conftict,error.
or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any
compensation for any harm. damage or loss .uffered by the CONTRACTOR due to any conflict, error.
or discrepancy in the Contract Documents.
Schedule of Completion;
2.8 Within five (5) bu.in .... days after delivery of the Notice to Proceed by CITY to CONTRACTOR.
CONTRACTOR ,hall submit to CONSULTANT for approval. an estimated construction schedule
Indicating the starting and completion dates of tho various stages of the Work, and a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revi.ions
thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR
Involved in the Project, the responsibitlty for coordinating the Work of all CONTRACTORS shall be
provided in the Special Condition •.
2.9 Within five (5) busln ... days after delivery of the executed Contract by CITY to CONTRACTOR. but
before starting the Work at the site, a pre-conslruction conference shall be held to reYiew the above
schedules. to establish procedures for handling Shop Drawinas and other submissions. and for processing
Applications for Payment. and to establish a worldng 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.
Oualification' of Subcontractors, MlltIria! men and SyPpljers:
Thomu'.Pepe
OZ·ll-IS
2.10 Within five (5) buslne .. day. after bid opening. the apparent lowelt responsive and responsible Bidder
shoJI submit to the CITY and the CONSULTANT for <<<eptanco • list of the nam .. 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
thirtr (30) calendar days after receiving thelis~ 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
consdtute an acceptance of such Subcontractor. penon or organization. Acceptance of any such
Subcontractor, person or organization shall not constitute a waiver of any right of the CllY or the
CONSULTANT to reject defective Work. material or equipment, or any Work. material or equipment
not In conformance with the requirements of the Canna 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.
2.12 The apparent silence of the Contract OoCtlments as tD any detail. or the apparent omission from them of
a detailed description ooncernlng any Work to be done and materials to be furnished. shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
ARTICLE l-CQRRELATION. INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be oonstructed In
accordance with the Contract Documents. The Contract Documents comprise the endre Contract
between the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in
Artide I.
3.2 The Contract Documents are complementary; what Is called for by one Is as binding as If coiled for by all
the documents. If CONTRACTOR finds a oonfiict, error or discrepancy In the Contract Documents. it
sholl. before proceeding with the Work alfected thereby. Immediately coil It to the CONSULTANT's
attendon in writing. The various Contract Documents are complementary, in cue of conflict, error or
discrepancy, the more stringent Interpretation and requirement that shall provide the maximum benefit to
the Owner shall apply
3.1 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 wnlch are essential to
produce a complete and properly operating installation. or usable structure. providing the Indicated
functions. shall be furnished and in.talled without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quoJity standards. including material, style, Hnlsh. strength. class,
wellht and other applicable characteristic., as specified for the major component of which the
miscellaneous item or accessory Is an essential p.~ and .hoJl 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 .hall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components 01 the Work
shoJI 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
Connct rain proof. and for making equipment and utility installations properly perform the specified
function. If the CONTRACTOR Is prevented from oomplying with this provision due to the Drawings or
Specifications. the CONTRACTOR shall immediately notify the CONSULTANT In writing of such
limitations before proceeding with constructJon in the area where the problem exists.
3.7 Manufacturer'. literature. when referenced •• hall 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 organizadons. indudlng but not limited to
National electrical Code, applicable State Building Code. Florida Building Code, Federal Specifications.
ASTM Spedficattons, 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.
Thoma. F. Pepe
01·13.15
3.8· Brand names where used in the technical specincations, are intended to denote, the standard or qualtty'
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, capadty, composition, finish, color and other applicabre characteristics to the material
or product specified by trade name, and that is suitable for the same use capable of performing the sante
function. In the opinion of the CONSULTANT. as the material or produet so spaclfied. Proposed
eqUivalent Item. 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 u.e the brand. make and model .pecified).
3.9 ThroughOut this agreement the male pronoun may be substituted for fomale and neuter and vice versa
and the .illgUlar words substituted for plural and plural words substituted for singular wherever
Ippllcable.
3.10 All technical Interpretations ,hall be made by the CONSULTANT as set forth in Section 9.3 below.
3.11 The CONTRACTOR .hall advised the CONSULTANT. prior to perfonnilll any work involving a confliet
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 conDiet between or among the Contraet
Documents. only the latest version "'all apply and the latest .ersion of the Contraet Documents. The
CONSULTANT shall us. the following list of Contraet Documents as a guide. These doeuments are set
forth below in the ordar of their precedence so that all the'documents listed above a given document
should have pretedence over all the documents listed below it.
(a) Challle Orders
(b) Amendmenaladdenda to Contract
(c) Supplementary Conditions. if any
(d) Contract with all exhibits thereto
(e) General Conditions
(I) Written or figured dimension.
(g) Scaled dimensions
(h) Drawings of a larger scale
(i) Drawings of a smaller scale
(j)' Drawings and Specification. are to be considered complementary to each other
ARTICLE .. _ AVAILABILITY OF LANDS SUBSURFACE CONDITIONS ReFERENCE POINTS
AvailabillQr of Lands'
4.1 The OWNER shall furnish. as Indicated in the Contraet Dotuments. the lands upon which the Work Is to
be done, rights-of-way for atceSS thereto, and such other lands which are desicned for the use of the
CONTRACTOR. wements for pennanent struetures or permanent changes in existing facilities will be
obtained and paid for by the OWNER. unless otherwise specified In the Contract Documents. Other
access to such lands or rights.of-way for the CONTRACTOR'S convenience ,hall 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 Bidder>. copies of a1lovallable boundary surveys and
subsurface tests at no cost.
Subsur&s;g Cgndjtionsj
43 The CONTRACTOR acknowledges that he has invostigated prior to bidding and satisfied himself IS to
the conditions allecting the Work, Including but not limited to tho.e bearing upon transportstlon.
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 condition. of the around. the character of equipment and titcilltles needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the charaeter. quality and quantity of surface and subsurface material. or obstacles to be
encountered insofar as this information is reasonably ascertainable from an i .. pectlon of the site.
Indudilll all exploratory work done by the OWNER! CONSULTANT on the site or any contiguous site.
as well as from Information presented by the Drawings and Speeiftcatlons made part of this Contnet, or
any other infonn.~on 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 estimatilll properly
the difficulty or cost of successfully performing Work. The OWNER assumos no responsibility for any
Thomas F. Pepa
01-23·15 65
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER! CONSULTANT.
OIff'eri0S Site Conditions!
4.4 The CONTRACTOR shaJJ within forty eight (48) hours of its discovery, and before such conditions are
disturbed, notify the CITY in writing, of:
4.4. I Subsurface or latent physical conditions at the sit. differing materially from those indicated in the
Contract Documents. and
4 .... 2 Unknown physical conditions at the site. of an unusual nature, differing materially from those
o ordinarily encountered and generally inherent in Work of the cbaracter prOVided for in this
Contract. The CITY shaJJ 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. perfonnance 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 shaJJ be allowed unless the CONTRACTOR has given
the notice required In 4.4 above; provided, however, the time prescribed therefore may be extended by
tbe CITY, but only if done In writing signed by the City Manager or the CONSULTANT.
ARTICLE 5 • 'NSURANCE Contractor shall comply with the insurance requiremenu set forth in the
Supplementary Conditions to the Contract.
ARTICLE 6 • CONTRACTOR'S RESPONSIBILITIES
Superyl!lon and Superintendence:
6.1 The CONTRACTOR shall supervise and direct the Work. It .han be solely responsible for the means,
methods. techniques, sequences and proced.ures of construction. The CONTRACTOR sball 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 tbe 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
SupeMsor(s) sball be present at each site at all times as reqUired to perfonn 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. I. I The CONTRACTOR .hall keep one record copy of all Spetifications, Drawings. Addend ..
Modifications and Shop Drawings at the site at all times and in good order and annoQ.ted to show
all changes mad. during the construction process. These shall be available to the CONSULTANT
and any CITY Representative at all reasonable times. A set of'.'As·Bulit" drawings. as well .. the
original SpecJflcations, 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. Matarials Ilnd Eqyipment
6.2 The CONTRACTOR shall provide competen~ 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, equipmen~ labor, transportation, construction equipment
and machinery, tools. appliances. fuel, power. togbt, heat, local telephone, water and sanitary facilities and
all other facilfties 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 spetlal makes or grades of material which are normally packaged by the supplier or manufacturer
are speti6ed or approved, such materials shall be delivered to the site In their original packages or
containers with s .. ls unbroken and labels intact.
6.5 All materials and equipment shaJJ be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instruetions of the applicabJe manufacturer. fabricator, or processors, except as
otherwise prOVided in the Contract Documents.
Thomas F. Pepe
OZ·lJ..15
Wo~ Matedals. equipment I'rpdum and Sybstitutions'
6.6 Materials. equipment and products Incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOIlshail submit to the CONSULTANT a list of
proposed materials, equipment or productJ, together with such samples as may be necessary for them to
dotennin. their acceptability and obtain their approval. within ninety (90) calendar days after award 01
Contract unles. otherwise stipulated In the Special Conditions. No request lor 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. artIcl. or piece 01 equipment Is Identified on the Drawings or Specillcadons
by reference to brand nam. or caulog ·number. it shall be understood that thl. is referenced for
the purpose of defining the porfonnance or other salient requirements and that other products 01
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 Contraa Documents by reference to brand name or catalog number, and
If. In the opinion of the CONSULTANT. such material. ardcle, or piece of equipment is 01 equal
substance and function to that specified. the CONSULTANT may approve Its sub.titution and us.
by the CONTRACTOR. Ineidenul 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 lime.
6.6.2 No substitute shall be ordered or Installed without the written approval of the CONSULTANT
who shall be the judge 01 quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extens~on of construction time.
6.6.4 Should any Work or material •• eqUipment or products not conlorm to requirements of the
Drawings and Specifications or become damaged during the progress 01 the Work, .uth Wor!< or
materials shall be removed and replaced. together with any Work disarranged by such aherations.
at any time before completion and acceptance of the Project. All such Work shall be done at the
expen •• of the CONTRACTOR.
6.6.5 No material. or supplies for the Wor!< shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattal mortgage or under a conditional sale or other agreement by
which an interest is retained by the Selier. The CONTRACTOR warrants that they have good
tide to all material. and .upplies used by them in the Work.
6.6.6 Non-conlormlng Work: The Oty 01 South Miami may withhold acceptance of. or reject items
which are found upon examination, not to meet the specification requirements or conform to the
plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within five (5) buslnes. days by the CONTRACTOR at his own expen.e and redellvered andlor
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days ,hall 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
for said goods. Rejection for non<anformance or (allure to meet delivery sc:hedules may result in
the CONTRACTOR being found in default.
6.6.7 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.
6.6.8 The CITY reserves the right, In the event the CONTRACTOR cannot provide an Item(s) or
.ervlce(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.
Concerning sybrnntljlttO"'
6.7 The CONTRACTOR shall not employ any Subcontractor. against whom the CITY or the
CONSULTANT may ha.e reasonable objection. nor will the CONTRACTOR be required to employ .ny
Subcontractor who has been accepted by the CITY and the CONSULTANT. unl ... the CONSULTANT
determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible lor all acts and omissions of Its Subcontractors and 01
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 .ame 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 OWNER or CONSULTANT and .ny Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part
Thoma f. Pep.
01-13-15
of OWNER or CONSULTANT to payor to see to payment of any persons duo subcontractor or other
person or organization, "COpt as may otherwise be required by law. CITY or CONSULTANT may
furnish to any Subeontraetor or other person or organization, to the extent practia.ble, 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 shan not control
the CONTRACTOR In dividing the Work among Subcontractors or delineating the Work performed by
any spec:ific: trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable term. and
conditions of the Contract Documents for the beneflt of the OWNER.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between th. CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shan b. responsible for the coordination of the trades, Subcontractors macerial and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provision. to be inserted in all subcontracts rel.tive
to the Work to bind Subcontractors to the CONTRACTOR by the term. of those General
Conditions and other Contract Documents Insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regard. to terminating .ny subcontract th.t the
OWNER m.y ... rclse over the CONTRACTOR under any provision. of the Contract
Documents.
6.12.2 The CITY or CONSULTANT will not undertake to' settle any differences between the
CONTRACTOR end their Subcontractors or between Subcontnlctors.
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 repI.ced by the CONTRACTOR
If and whon directed by the CONSULTANT in writing.
6.llA Dlscrlmlnalion: No action shall be taken by the .ny subcontractor with regard to the fulfilment of the
terms of the subcontract, Including the hiring and retention of employees for the penormance of Work
that would diSCriminate against any person on the basis of race, color, creed, religion, national origin, sex,
age, sexual orientation, familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
Patent Eaes Ind RQnldesj
6.13 The CONTRACTOR shall pay .lIlieenso rees and royalties and assume .11 costs incident to the use 01 any
invention, design, process or device which is the subject of patent rights or copyrights hold by others. He
shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directiy or indirectly
employed by either of them from against all daims, damages, losses and expenses (including attorney'.
foea) arising out of any infringement of such riahts during or after the completion of the Work. and shall
defenti III such dllms in connection with any alleged infringement of such rights.
6.14 Th. CONTRACTOR shall be responsible for determining the application of pat.nt rights and royalties
materials. appliances, articles or systems prior EO bidding. However, he shall not be responsible for such
determination on systems whIch do not involve purchase by them of materials. appllanc:es and artlcll!!i.
Permits:
6.15 The CONTRACTOR shall.ecure 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 It the time of his 81d. When such charges are normally made by the CITY and when so .tated
in the Special Conditions, there will be no charges to the CONTRACTOR.. Th. CITY shall assist the
CONTRACTOR, when necessary, In obtaining such permits and licenses. The CONTRACTOR shall also
pay .11 public utility charges.
8ectrical Power and Li&htin&;
6.16 8ectrical power required during construction sh.1I be provided by each prime CONTRACTOR as
required by It. This service shall be Installed by a qualified electrical Contractor approved by the
CONSULTANT. UChting shall be provided by the CONTRACTOR. In .11 spaces at all times whore
nec .... ry for good and proper workmanship, for Inspection or for safety. No temporary power .hall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
laws and Itttulationsj
Thomas F. Pepa
01-23-15
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 vari'nce therewith.
It shall give the CONSULTANT prompt written notice thereof. and any necessary chonges shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing It to be
contrary to such laws. ordln.nces. 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
th.t the Drawings and Specifications are in accordance with such laws. ordinanc::u. rules and regulations.
plsc:dminatigo;
6.17 A No action shall be taken by the Contractor with regard to the fuItllment of the terms of the Contract,
Including the hiring and retention of employees for the performance of Work that would discriminate
against an)' person on the basis of race, color. creed. religiOn. national origin, lex, a.g~ sexual orientation,
ramil.1 status or dIsability.
:ra-;
6.18 Cost of all applicable sales. consumer use, and other taXes for which the CONTRACTOR. is liable under
the Contract shall be Incltided in the Contract Prlte stated by the CONTRACTOR.
Sat'MJf ilD d protaaiom
6.19 Th. CONTRACTOR shall be responsible for In~iating. maintaining and supemslng all safety precaUtions
and programs in connection wtth the Work. They shall take all necessary precautions for the safety of.
and shall provide the necessary protection to prevent dama,se, Injury or loss to:
6. I 9.1 All employees and other persons. who may be affected thereby.
6.19.2 All the Work and all material. or eqUipment to be Incorporated therein, whether in storage on or
off the site, and
6. I 9.3 Other property at the site or adjacent thereto. Including trees. shrubs. lawns, walks. pavements.
roadways, structures and utilities not designated for removal, reloc:ation or replacement in the
course of construction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the preven~on of accldllnts. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated In writing by the CONTRACTOR to the CITY.
Emerpndes:
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. Inlury or loIS. 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 10 an increase in the Connet
Price or an extension of the Contract TIme, h. may make a claim therefore IS provided in Articles II and
12.
Sbqp Drawinn and Samples"
6.22 After checking and verifying all field m ... urements. the CONTRACTOR shall subm~ to the
CONSULTANT for review. in accordance with the accepted schedule of shop drawing submission •• six
(6) copies (or at the CONSULTANT opdon. one reproducible copy) of all Shop Drawings. which shall
have been checked by and 'tamped with the approval of the CONTRACTOR. The Shop Drawing. shall
be numbered and Identified as the CONSULTANT may require. The data 'hown on the Shop DraWings
shall be complete with respect to dimension .. design criteria. materials of construedon 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 nNiew 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 • separate item as such will not Indicate
Thomu F. Pepe
01·D·IS
review of the assembly in which the Items functions. The CONTRACTOR ,hall make any corrections
required by tho CONSUlTANT and shall return tho 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-submlsslon. Tho CONTRACTOR'S stlmp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined andlor verified all quantities, dimension,
field construction criteria. materials, catalog numbers and similar data or they ... ume full responslbMity
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 sample, shall not relieve the CONTRACTOR from
his respo_nsibUity 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 speclflcdeviation, nor shan any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that i. coused 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 .amples.
Cleaninr \hi!
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
OWNER. the CONTRACTOR shall remove all hIs .urplus and discarded materials, excavated matenal
and rubbish as well as all other material and equipment that does not lorm a part of the Work, fi-om the
property, roadways, sidewalks, parking areas, lawn and an adjacent property. In addition, the
CONTRACTOR shan clean hIs portion 01 Work involved In any bf'ilding under thi. Contract, .0 that no
further cleaning by the OWNER Is necessary pnor to its occupancy and he shall restore an 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 II the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the material.
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public: Convenience 2nd Safety·
6.30 The CONTRACTOR shan, at all times, conduct the Work in .uch 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" .igns shall be placed Immediately adjacent to the Work, In
I consplOJous position, at such locations as traffic demands. At any time that streets are required to be
dosed, the CONTRACTOR shall notify law enforcement agencies and In particular, the City 01 South
Miami Pollee Department, before the street is closed and agoin as soon as It is opened. Access to fire
hydrants and other fire extinguishing eqUipment shin be provided and maintained at all times.
Sanitary Prpyjsjgns:
6.31 The CONTRACTOR shall proVIde on-site office, and necessary toilet facilities, secluded fi-om public
observation, for use 01 all personnel on the Work Site, whether or not In his employ. They shan be kept
In a clean and sanitary condition and shall comply wlth the reqUirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nui.ance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
Thomas F. Pep.
Dl-13-15 70
6.32 Con .... ctor shall comply with the Indemnification requirements set forth In the RFP and In EXHIBIT :z 01
the Supplementary Conditions (Insurance and indemnlflcadon requirements).
6.33 In tho event that any action or pro<eedlna I. broughtaplnst OWNER or CONSULTANT by reason 01
any such dalm or demand, CONTRACTOR, .pan written notice from CITY shall defend such aalon Or
proceeding by coun.el satisfactory to CITY. Tho indemnification provided above shall obligate
CONTRACTOR to defend .t Its own expanse or to provide for such defens .. at CITY'S option, any and
all daims of liability and all s.its and actions of every name and deSCription that may be bro.ght against
OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the
sole negligence of OWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to tho liability of the
CONSULTANT, Its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, s.rveys, Change Orders, designs or speclficadons or (b) the ziying of or the failure to
give direction. or Instructions by the CONSULTANT, Its agents or employees provided .uch act or
omission Is the primary cawa of injury or damage
6.34A An of.the forgoing Indemnlflcation provision. shan survive the tenn of the Con .... ct to which those
General Conditions are a part. Indemnification .hall not exceed an unoont equal to the total value of ,II
in •• ranee coverage required by Section 5.1 of thl. documen~ Indemnification is fimi1led to damage. caused
In whole or In part by any act, omission, or default of the Contractor, the Contractor's subcontractors,
sub-subc:ontractors. materialmen. or agents of any tier or their respective employees to the extent caused
by the negligence, recklessness, or Intentional wrongful misconduct of the indemnifying party and persons
employed or .tilized by the indemnifying party In the performance of the construction contract,
Rmpom.1biltty for ConDeMn to Exjstinc Work'
6.35 It shall be the responsibility of the CONTRACTOR to connect Its Work to each part of the exlsdng
Work. existing building or structura or Work previously installed as required by the Drawings and
Spedfication. to provide a complete instdlation.
6.36 Excavations, grading, fill,stonn drain ... paving and any other construction or installations in rights-of-
way. of streeU, highways, public carrier lines, utility lines, either aerial, sumce or su,,"umee, etc .. shall be
done in accordance with requirements of the special conditions. The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work. CONTRACTOR shall present to CONSULTANT certificates, in triplicate. from the proper
autholities, stating that the Work has been done in accordance with their reqUirements.
6.36.1 The CITY will coopera", with the CONTRACTOR In obtaining action from any utilities or public
authorities involved In the above requiremenu •.
6.36.2 The CONSULTANT .hall be responsible for obtaining elevations of curbs and gutters, pavemen~
stonn drainage stNCblres, and other items which must be established by governmental
departments as soon IS grading operations are begun on the site and, In any case, ,ufficiendy early
in the construction period to prevent any adverse ellect on the Project.
Cogperarlp" wjth Governmental Pepartments. l'ublk Utiljtja Etc,;
6.37 The CONTRACTOR shall be responsible for making aU necessary arrangements with goyernmental
depanments, public utilities. public carrlen, service companies and corpontlons (herelnafter referred to
as "third panies") owning or controlling roadways, railways, water, sewer, gas. electrical conduits,
telephone, and telegraph facilities s.ch IS pavements, tracks, piping, ¥vires, cables, conduits, poles, guys,
etc.. induding incidental structures connected therewith. that are encountered in the Work in order that
such Item. are properly shored, supported and protected, that their location is identified and to obtain
authority from these third parties for relocadon ff the CONTRACTOR desires to reloc.tethe item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of s.cit third parties In
the performance of his Work. shall permit entranoo of such third parties an the Project in order that they
may perform thalr necessary work. and .hall pay aD charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention Is called to the fact that there may be delays on the Project due
to work to be done by governmental departments. public utilities, and others In repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties In every .
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall haye made Itself familiar with all codi'S, laws, ordinances, and
reguladons 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
Thom .. f. Pep.
OZ·:I3·15 71
Use Premises;
misunderstanding will be considered on account of damage or delay caused by his Ignorance
thereof.
&.]8 CONTRACTOR sholl confine Its apparatus, storage of material., and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encLfmber 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 thllt will
endanger it.
&.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER as well as their Ins~ction. with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shali arrange and cooperate with CITY In rolltlng 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, parklng. etc. and the job site shall be
fenced to protect the job site and the genoral public.
6.38.5 The CONTRACTOR shall furnlsh,lnstall and maintain adequate construction office facilities fDr 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 fumished
in strict accordance with existing governing reguladons. Field offices shall include telephone
facilities.
Pcotm;tion gf existing Pmpmy Impmvements:
6.38 Any existing surface or subsurface improvements, such IS pavements, curbs, Sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawing>
or noted In the Specifications as being removed or altered shall be protected from dam",. during
construetion 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
ilward of Contract.
ARTICLE 7 -WORK BY OTHERS.
7.1 Tho CITY may perform additional Work related to the Prolect or may lot other direct contracts therefor
which shall contain General Conditions simil ... to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWNER, if It is performing the additional
Work itself), reasonable opportunity for the intrOduction and storage of materials and equipment and the
execution orWork, and shall properly connect and coordinate its Work With theirs.
7.2 If any part of the CONTRACTOR'S Work dopends upon proper execution or results of the Work of any
other contractor or the OWNEII. the CONTRACTOR shall prompdy report to the CONSULTANT in
writing any defects or daficiencies 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 b. reqUired to make
Its several partS oeme 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 .'tering their
Work and shall only cut or alter their Work with tho written consent of the CONSULTANT and of the
other contraCtor whose work will be affected.
7.4 If tho performance of additional Work by other contractors or the OWNER is not noted in the Contrace
Documents prior to the execution of the Contract, written notioe thereof shall be given to the
CONTRACTOR prior to stertlng any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the OWNER or others Will cause the CONTRACTOR
additional expen~e or entitles him to an extension of the Contract Time, he may make a claim therefore
OJ provided in Articles II and 12.
7.5 Whero practicable, the CONTRACTOR .hall build around the work of other separa ... contractors or
shalileav. chase., slots and holes as required to receive and to conceal within the general oenstruttion
Work the work of such other separate contractOrs as direceed by them. Where .uch chases, slots, etc.,
are impracticable, the Work .hall require specific approval of the CONSULTANT. .
7.6 Nocessary 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
Thom .. F. fl.
01-13·15 n
do all pat<hlng 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 Cooperadon 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 Contractor; 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 Projec:t 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 nodfy the
CONSULTANT Immediately and In writing. Lack of such notice to the CONSULTANT shall be
construed .. acceptance by the CONTRACTOR of the status of the work of other COntractors .. being
satisfactory for proper coordlnadon 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.
7.10 The CITY reserves the right In the event the CONTRACTOR cannot provide an item(s) or servlce(s)In a
time1y ma.nner as requested, to obtain the good and/or services from other sources and deducting the
COst from the Contrac:t Price without violating the intent of the Contract.
ARTICLE 8 -cm's REspONSIBILITIES.
8.1 The CITY will Issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
83 The CITY shall prompdy fumish the data required of them under the Contract Documents.
8.4 The CITY'S duti .. In respect to providing lands and easements are set forth in Paragraphs 4. I 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 endre Work or any
portion thereof may not have expired; but such taking possesSion and us. shall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents.
ARTICLE 9 _ CONSULTANTS' STATUS DURING CONURUCTION.
CItY' l\epresontatlye;
9. I The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articl .. I through 16 of th .. e General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANT's decision,ln matters relating to ae.thetics, shail beflnal. if within the terms
of the Contract Documents.
9.1.2 Except IS may be otherwise provided in this contraCt. aU claims, counterdaims, disputes and other
matters in question between the CITY and the CONSULTANT arising out of or relating to this
Contract or tho breach thereof, shall be decided in a court of competent jurisdiction within the
State of Rorid>.
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 .hall be directed toward providing
... urance for the OWNER and all applicable regulatory agendes that construction Is In compliance with
the Construction Documents and applicable laws, rules and regulations. On the basis of these on site'-
observations .. an experienced and qualified design professional, he shall keep the CITY Informed of the
progress of the Work and shall guard the OWNER against defects and defldencles In the Work of
CONTRACTOR.
CIWflcations and Inwpmat;tons:
9.3 The CONSULTANT shaJllssue, with reasonable promptness. such written darifjcations or interpretations
of tho Contract Documents (In the form of Drawings or otherwise) .. it may determine necessary, which
shall be consistent with, or reasonably Inferable fi-om. the overall intent of the Contract Documents. If
the CONTRACTOR seeks an Incresse 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.
Thomas F. Pepa
02-U·iS 73
M_llfMleDt of 0uandtiu'
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
Unked States Standard Measures. All linear sunace measurements shail be made horizontally or vertically
as required by the item measured.
Rejecting DefegJve Work:
9.5 The CONSULTANT sholl have authority to disapprove or reject Work that Is 'Defective Work' as
defined In Article I. It ,hall also have authority to require spedal inspection or testing of the Work
Including Work fabricated on or off site, instailed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such Inspections andlor testing shall be
approved In writing by the CITY. All consequential cost of such Inspections and testing, Including but not
IImked to tho cost of testing and Inspection, the COst of repairing any of the Work, or the work of others,
the COSt to move furntture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed, shail paid by the CONTIIACTOR If tho Work is found to be Defective Work.
Shop Drawing. Chance Qrders and Payments:
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
625 through 6.28, Indusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12.
9.8 In connection wkh tho CONSULTANT responsibilities with respect to the Applitation for Paymen~ etc.,
see Article 14.
Decisions on Djsagreemerw·
9.10 The CONSULTANTshaii be tho initial interpreter of the Construction Documents.
Umitations on CQnsultant's ResEJOoslbilitiQSi;
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 CONTI\ACTOR, 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 Wkhout Invalidating the Contract, the cm may, at any time or from time to time, order additions,
deletions or revisions in or to the Work which shail only be authorized by a written Change Orders.
Upon receipt of a Change Order, the CONTRACTOR sholl proceed with the Work involved. All such
Work shall be performed under the applitable 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 II or
Artide 12. A written Change Order signed bY the em and tho 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 chango 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 Inconlistent wkh the overoll Intent of the Contract Documents Without the need for a formol
wrkten Change Order provided the CONTIIACTOR does not request additional time or additional
compensation, These may be accomplished by. written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSUL TANrs Field Order would entides the
CONTRACTOR to an inaease in the Contraa 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 Additionol 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.
Thoma f. Pip.
Ol-U-IS 7.
10.4 The CITYwlU execute appropriate Change Orders prepared by the CONSULTANT covering changes In
the Work. to be performed as provided in paragraph 4.4, and Work perfonned 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 i. 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 .hall be
charged to the CONTRACTOR.
ARTICLE I j -CHANGE OF CONTRACT PRICE.
11.1 The Contract Price constitutu 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 deslgnated or
indicated to be a Change Order, make any change in the Work within the general scope of the Contract,
induding but nat limited to changes to or in:
11.2.1 Specifications Oncludlng drawing. and designs);
11.2.2 Method or manner of performance of the Work
11.2.3 CITY·furnished facilities, equipment, materials, services. or site; or
11.2.4 Acceleration in the performance of the Work
11.3 Except as provIded In this sectJon, or sectiDns referred to in this section, no order. statement, or condua.
of the CITY shall be treated as • Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and umll tile change in the Work Is specifically and ""pressly provided for in a written
Change Order, or as otherwise provided in a.nother section of the Contrat=t Documents.
11.4 When a Change Order Is Issued by the CONSULTANT and .igned byth. CITY or issued by the CITY in
wrldng. the CONTRACTOR .hall perfonn the Work even If the CONTRACTOR does not agree with
the dollar amount of the Change Order. If any Change Order cau.es In increase or decrease In the
CONTRACTOR'S cost of, or the time required for. the perfonn.nce of any pa" 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 .hall be made and the Contract modified accordingly.
11.5 If the CONTRACTOR Intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall. within ten (10) calendar days alter receipt of. written
Change Order, submit to the CITY and CONSULTANT a written notice including •• tatement 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 Ibted in section I 1.7 and II.S.
11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
11.7 The value of any Work covered by a Chlnge Order or of any claim for an Increase or decrease in the
Contract Price shall be detennlned In one of the following ways:
11.7.1 By negotiated lump sum.
11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed
15%. If the CONTRACTOR disagrees with the CONSULTANTs detennln.tion 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 .um of all direct extra coSts nece.sarily 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 Mi .. mi·O .. de
County and shall include only the follOwing items:
II.B.I Payroll costs for employees in the direct employ of CONTRACTOR In the performance of the
Work described in the Change Order under schedules of lob classification. agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on tile basis of their time spent on the Work Payroll costs shall be limited 10;
salaries and wages, plus the costs of fringe benefits which .hall Include social security
contributions, unemployment. excise and payroll taxes, workers' compensation. health' and
retirement benefits, Sick leave, vacation and holiday pay applicablo thereto. Such employe .. shall
Thoma F~ Pep.
02 .. 23·15 75
Include superintendents and foremen at the site. The expenses of performing Work after regular
working hou .... 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 resuk 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 pan: to Defective Work of the CONTRACTOR.
11.8.2 Cost of all ma"'ria/s and equipment furnished and incorporated in the Work. induding costs of
transportation and storap, 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 oppon:unity to deposit funds with the CONTRACTOR for the payment for items that
offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fail.
to timely notify the CITY of the discounts or if the OWNER deposits funds with .CONTRACTOR
with which to make payments In which cases the cash dl.counts ,hall accrue to the OWNER. All
trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment
shallaccru. to OWNER, and CONTRACTOR shall make provisions so that they may be
obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY. CONTRACTOR shall obtain competitive bids from
Subcontracto ... acceptable to him and shoJI deliver such bids to CITY who will then determine.
with the advice of the CONSULTANT. which Bids wUI be accepted. No .ubcontractshall be a
cost plus contract unless approved In writing by the CITY. If a Subcontract provides that the
Subcontractor Is to be paid on the basis of Cost of Work plus a fee. the cost of the Work shall be
determined in accordance this section 11.8 and in such case the word tlSQbcontrictor" shall be
substituted for the word "CONTRACTOR".
11.8.4 Rental. of all construction equipment and machinery. except hand tool •• and the pans thereof
whether rented . from CONTRACTOR or others in accordance with rental agreements
approved by CITY with the advioe of CONSULTANT. and the costs of transpon:ation. loading,
unloading, Installation. dismantling and removal thereof -all in aacordance with tenms of said
rental agreements. The rental of any .uch equipment, machinery or pans shall cease when the
u.e 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 goyemmental authority.
11,8.6 Paymena and fees for permits and ficenses. Costs for permits and licel1$es must be shown as a
separate item.
11.8.7 The cost ofudllties. fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams. long distance telephone calls. telephone service at the site,
expreuage 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 tenm Cost of the Work shall NOT include any of the following:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S offioers. executives, principal. (of
partnership and sofe proprietorships), general managers, engineers. architects, estimators, lawyers.
agents. expediters. timekeepers, derks and other personnel employed by CONTRACTOR
whether at the site or in its prinCipal or a branch office for general administration of the Work
and not specifically Included In the schedule referred to in Subparagraph 11.5.
11.9.2 Expen.es of CONTRACTOR'S principal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses. Induding Interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premium. for ,II bonds and for all insurance policies whether or not CONTRACTOR Is
reqQlred by the Contract Documents to purchase and maintain the same (except as otherwise
provided In Subparagraph 11.8.9).
11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor. or anyone directiy or
indirectly employed by any of them or for whose acts my of them may be liable. induding but not
limited to. the correCtion of defective work, disposal of materials or equipment wrongly supplied
and making good any damage to propeny.
11.9.6 Other ovemead or general expense COlIS of any kind and the costs of any Item not specifically
and expressly included in Paragraph 11.8.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its ovemead and profit shaU be
determined as follows:
Thomas F. Pep.
02-23-15 76
11.11
11.10.1 A mutually acceptablo finn fixed price; or If none can be agreed upon.
11.10.2 A mutually acceptable fixed percentage (not to exceed 15%).
The amount of credit to be allowed by CONTRACTOR to OWNER 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 II.S. When both additions and credits are involved in anyone change, the net
shall be computed to Include overhead and profl~ identlfted separately, for both additions and credit,
provided however, the CONTRACTOR .hall not be entlded to daim lost profits for any Work not
perlonned.
ARTICLE 12. TIME FOR COMPLETION. LlOUIPATED DAMAGES ANP CHANGE OF THE
CONTRACT TIME,
12.1 Time Is of the essence to this contract and the date of beginning and the time for completlon of the Work
are enential 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 completlon 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 tho OWNER, 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 ha"" known of before bidding on the project or due to Inclement weather,
except .. provided in section 12.7.
12.3 If the CONTRACTOR shall fall to complete the Work within tho Contract Time, or extension of time
granted by tho CITY, then the CONTRACTOR shall pay to the OWNER the amount of liquidated
damages .. specified in the Contract Documents for e.ch calendar day alter the stheduled date for
compledon as adjusted by written Change Ordors that extended tho completlon date.
12.3.1 These amounts are nOt penalties but are liquidated damages incurred by the OWNER for its
inability to obtain full use of the Project. Uquidated damages are hereby fixed .nd agreed upon
between the pardes, recognizing the impossibility of precisely ascertaining the amount of dam.ges
that will be sustalned .. a consequence of such delay, and both parties desiring to obviate any
quutlon or dispute concerning the amount of said dsmag .. and the cost and offect of the failure
of CONTRACTOR to complete the Contract on time. The abov ... tated liquidated damages shall
apply separately to each ph .. e of the Project for which. time for completion is given.
12.3.2 CITY is authorized to deduct the liqUidated damages from monies due to CONTRACTOR for the
Work under this Contract.
12.4 The Contract Time may only be changed by a written Change Order. Any clalm for an extension In the
CONTRACT TIME shall be based on written notice del~ to the CITY and CONSULTANT within
five (5) business days of the occurrence of tho event giving rise to the daim and stating the genera! n.ture
of the dalm including suppordng data. All clalms for adjustment in the Contract Time shall be evaluated
.nd recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change
in the Contract Time resulting from any suth claim shall be incorporated in a written Change Order.
12.S All time limiu 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 alter demand has been mad. in writing to the CONSULTANT for such
Drawings. Funhennore;. there shall be no monetary compensation for suc;h delay and the
CONTRACTOR'. 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 indement 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 .ervice and the abnonnal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agree. that he shall not have anycl.lm for damages duo to
delay unless the delay exceeds 6 month .. 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 dolay shall be limited to an
extension of timo as provided for In Section 12.4 whith shall be the sole and exclusive romedy for suth
resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contract Prfce Or payment or compensation of any kind from OWNER. for direct. indirect. consequential.
impact or other costs. expenses or damages. Including bl,lt not limited to. costs of acceleration or
inefficiency, overhead or IOlc profits, arising because of delay, disruption, interference or hindrance from
Thom .. ,. Pepe
OZ·23·15 77
any cause whatsoever. whether such detay. disruption. Interference or hindrance be reasonable or
'unreasonable, foreseeable or unforeseeable. or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claim. dllt are not presented to the Cky In writing on or before the 21st
dlY follOwing the date of the event upon which the claim Is based.
12.10 DiSpute ResolUtion: 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 .he City Attorney and the
CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the
CONTRACTOI\. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE U -GUARANTEE.
13.1 The CONTRACTOA. shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR direcdy, all materials Ind equipment furnished and Work performed for patent
Defective Work for a period of one (I) year from the date 01 Final Acceptance as indicated in the
CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first
observable. whichever Is liter. The same guaran.ee and unconditional warranty shall be extend for five
(5) years from the date of Final Acceptance as indica.ed 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 thlt the CONTRACTOR should fail to commence to
correct such Defective Wori< 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 wori< continuously and diligendy and In accordance with the Contract Documents. applicable
law. rules and regulations. the CITY m.y declare an event of default, .ermlnate the Contract in whole or
in part and caUSe the Defective Work to be removed or corrected and to complete the Work 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 gu.rantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
In Section 13.1, shIll take precedence over Section 13.1.
13.3 CONTRACTOR shall Ict as agent, on I limited basis for the OWNER. at the CITY's option. solely for
the follow-up concerning warranty compliance for all items under manufacturers Warranty/Guarantee
and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract..
13.4 In case of default by the CONTRACTOR. the Cky of South Miami may procure the artleies or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The CITY may withhold acceptance of. or reject Items which are found upon examination. not to meet
the spedficatlon requirements. Upon written notification of rejettion. items sha1l be removed within five
(5) business days by die CONTRACTOR at his own expense and redelivered at his expense. Rejected
goods feft longer than thirty (30) calendar dl~ shall be.regarded as abandoned and the City shlli hive the
right to dispose of thom as its own property.nd the CONTRACTOR thereby waives .ny cllim to the
good or to compensation of any kind. Reject/on for NonoConformlng Work or failure '0 meet delivery
schedules mlY result in the Contract being found in default.
ARTICLE 14 -PAYMENTS AND COMPLETION.
Paymern to ContraaQr
14.1 The Contractor shall not be antided to any money for any wori< performed before the issuance of a
Notice to Proceed on the form described In the Contract Documents and the Issuance by the City of a
"purchase order". or any other document. does not and shall not authorize the commencement of the
Work. At least ten (10) calendar da~ before each progre .. payment falls due (but not more often than
once a month). the CONTRACTOR shall submk 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 da .. as the CONSULTANT may reasonably reqUire. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lIeft execLited 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 Ii.n rights. If any. of those persons. If payment is requested on the basis of
materials and eqUipment not incorporated In the Wori< but delivered and SUitably stored at or near site.
the partial payment estimate shall also be accompanied by such supporting data. .atisfactory to the CITY.
Thom .. F. Pep_
02-23-15 78
which establishes tile OWNER'S tide to tile 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 tIIeft, vandalism, fire and flood. The CONTRACTOR shall replace
at ita .xpense any stored ma",rials paid for which are either damaged or stolen before installation. The
CONSULTANT will witllin ten (10) calendar days arter receipt of each partiai payment estimate, eitller
certifying In writing its approval of payment and presont the partial payment estima", to the OWNER, or
return the partial payment estimate to tile CONTRACTOR, Indicating In writing his reasons for refusing
to approve payment. In til. latter case, the CONTRACTOR. may make tile necessary corrections and
resubmit tile partial payment estimate. The OWNER, will witllin thirty (30) calendar days of presentation
to it of any approved partial payment estimate, pay til. CONTRACTOR a.progress payment on tile basis
of tho approved partial payment estimate. The OWNER shall retain ten (10") percent of tile amount of
each payment until Final Completion and Acceptance of all Work covered by tile Contract Documents.
Any interest .. med on tile retalnage shall accrue to tile beneOt olthe OWNER..
14.2 The CONTRACTOR, before it shall receive final payment shall deliver to the CITY a Contractor's Final
Paymont Affidavit as set forth in the Rorlda Construction Lien Statute as well as rmal release. of lien
executed by .11 persons who have performed or furnished labor, services or materials, directiy or
indirectly. which was Incorporated into the Work. If any penon 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.
Co0tnQ;0r'$ Warrant)' of Jjtl.
14.3 The CONTRACTOR warrants and guarantees tIIat tide to all Work. materials and equipment covered by
an Application for Payment whether tile Work, material or eqUipment Is Incorporated in tile Project or
not. shall have passed to the OWNER prior to the maklng of the Application for Payment, free and clear
of all 110", claim., security Interest and encumbrances (hereafter in these General Condition. referred to
as ·Ue .. j: and that no Work, materi.1s or equipment. covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any otller person performing tile Work at the site or
furnishing materials and equipment for the Projea:, 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 otller person.
Approval of Payment
14.4 The CONSULT ANrs approval of any payment requested In an Application for Payment shall constitute a
representa~on by him to the CITY, based on the CONSULTANT's on site observations of tile Work in
proar"s as an experienced professional and on his review of the Applica~on lor Payment and supporting
d .... tIIat the Work has proaressed to til. point indicated In the Application for Payment; that to tile
best his knovYiedge. information and belief, the quality of the Work is in accordance witll the Contract
Documonts (subject to an evaluation of the Work .s a functioning Project upon substan~al completion as
defined In Article I, to the results of .ny subsequent tests called for In the Contract Documents and any
qualifications stated in his approval): and that tile CONTRACTOR is entitled to payment of the .mount
approved. However, by approving. any such payment tile CONSULTANT shall not thereby be deemed
to have represented that he made exhaustive or continuous oO-llte observations to check the quality or
the quantity of the Work, or that he has reviewed the means, metllod., techniques, sequences and
procech.re5 of constn,u:tlon or that he had made any examination to ascertain how or for what purpose
til. CONTRACTOR has used the moneys p.ld or to be paid to him on account of the Contract Price, or
tIIat title to any Work, materials, or equipment has passed to the OWNER fr.e and clear of any lien •.
14.5 The CONTRACTOR shall make the following certification on .ach 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 chat all materials Included In this request for payment and not yet
incorporated (nto 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. exQlPt for the amounts listed below beside the names of the penons who performed work
or supplied materials".
In the event that the CONTRACTOR witllholds payment from a Subcontractor Dr Supplier, tile same
amount of money shan be witllheld from tile CONTRACTOR', payment until tile Iss.e i, resolved by
written agreement betWeen tIIem and then a joint check shall be made payable to tile person in question
and tile CONTRACTOR in accordance witll tile setdement agreement, otllerwise tile money shall be
Tho""u F. Pepe
02-13.15 79
held by the OWNER until a Judgment is entered in favor of the CONTRACTOR or the person, in which
c:ase the money shall be paid according with said judgment. Nothing contained herein shall indicate an
iratent 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 paym.nt if, in Its opinion. it is
unable to make such representations to the OWNER as required this Section 14. It may also refuse to
approve any payment. or It may void any prior payment application c.rtiflcation beause of subsequendy
discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary
in Its opinion to protect the OWNER from loss because: .
14.6.1 of Defective Work. or completed Work has been damaged requiring correction or replace"'ent,
14.6.2 the Work for which payment is requested cannot be verified,
14.6.3 claims of Uens have b.en filed or received, or there Is reasonabl. evidence indicating the probable
flIing or receipt thereof,
14.6.4 the Contract Price hu been reduced because of modifications.
14.6.5 the CITY has correct D.fectiv. Work or completed the Work in accordanc. 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 all the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payabl. by the CONTRACTOR. or
14.6.9 of any other violation of. or faiture to comply with prOvisions of the Contract Documents.
14.7 Prior to Final Acceptance the OWNER, with the approval of the CONSULTANT, may us. 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 accepunce of such portions
ofth.Work.
14.8 Th. CITY shall have the right to .nter 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 cane and protection of the Work. or the restoration of any damaged Work exc.pt
such as may be caused by agents or employ .. s of the OWNER.
14.9 Upon completion and acceptance of the Work the CONSULTANT shall Issue a C.rtificate attached to
the Final Application for Paym.nt that the Work has been acc.pted by It under the conditions of the
Contract Documents. The .ntire balanc. found to be due the CONTRACTOR, including the retained
percentages. but exc.pt such sums as may be lawfully retained by rho OWNER. 'hall be paid to the
CONTRACTOR within thirty (30) carendar days of complellon and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be stronzly encourag.d to register as an ePayables V.ndor with
the. Owner. The Bank of Am.rica ePayables Solution is an automated card paym.nt process that shifts
accounts payable dlsburs.ments 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 f.atures, with $0 of available
funds until an invoice Is approved for paym.nt. After an invoice has received proper and complete
approval, an electronic r.miteanc. advice will b. sent via e-mail, or fax, which notifles the'
CONTRACTOR that the funds have been transferred In to the account linked to the card for the amount
listed on the Involc. andlor remlttanc •. email.PI.ase refer to the ePayables Questions & Answers Form
contained in this RFP or contllct the OWNER's Finan .. department at (305) 663·6343 with any questions.
Acceptanc@ of Final Pa:tment 'I Rei",.
14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall op.rate as a rei .... to the
OWNER and a walv.r of all claims and all liability to the CONTRACTOR oth.r than claims previously
flied and unresolved. The waiv.r shall include all things done or furnished in connection with the Work
and for every act and no&feet of the OWNER and others relating to or arising out of this Work. Any
payment, however, flnal or orherwise, shall not rei .... the CONTRACTOR or Its sureties from any
obligations under the Contract Documents or the P.rformance Bond and Payment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Complellon or Final Completion of the
Work as may be necessary in his opinion to protect the OWNER fro", loss if he det.rmin.s, because of
subsequently discovered evidence or the results of subsequent inspection or tests. that:
Thomas F. Pepe
02·13·15 so
14.12.1 che Work Is defective, or chat che completed Work has been damapd due to the fault ofth.
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 che Work necesSOJ}' to be completed for !he purpose of certifying che work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or Uens have been filed or received, or chere is reasonable evidence indicating the
probable filing or receipt chereof chat if valid and paid, would reduce che amount owing to che
CONTRACTOR BY 20% in che case of Substantial Completion and 5% in the case of Final
Completion.
14.12.4 chere I, Defective Work che value of which, W deducted from che contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5%
in che case of Final Completion.
14.13 If !he CONSULTANT de-certifies any portion of che Work chat was certified ("Initial Certification'1 by
the CONSULTANT, che CONTRACTOR shall repay to the City of South Miami any money paid as a
resuh of said Initial Certification being issued which shall be paid only when the decertified work Is re-
certified.
ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION.
15.1 The CITY may, at any time and without Cluse, suspend the Work or any portion thereof for a period of
not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the
CONSULTANT,. which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both. directly
attributable.to any suspension and If a claim Is timely made and If It Is oJlowed under the terms 01 Articles
II or Article 12.
Cit)' May Terminate
15.2 If che CONTRACTOR is adjudged bankrupt Or insolven~ or If he makes a general .. slgnment for che
benefit olits creditors, or If a tru_ or receiver Is appointed for the CONTRACTOR or for any Its
property, or f h. flies a petition to take advantage of any debtor's a~ 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, rul .. , regulations or orders of any public body having
jurisdiction, or if he disregards the authority of che CONSULTANT, or if he otherwise viola ... any
provision of, the Contract Documents, then che CITY may, wlchout prejudice to .ny ocher right or
remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of che CONTRACTOR and tak8 possession of che Project and of all materioJs,
equipment, tools. construction equipment and machinery choreon owned by the CONTRACTOR, and
finish the Work by whatever mechod it may deem expedient. In such case the CONTRACTOR shan not
be entitled to receive any further payment until the Work Is finished. If che unpaid balance of the
Contract Price exceeds che direct and Indirect co.ts of completing the Project, including compen.ation
for additional professional services, such excess shall be paid to the CONTRACTOR. If such co.ts
exceed such unpoJd balance, che CONTRACTOR or the Surety on the Performance Bond shall pay che
difference to the OWNER. Such costs Incurred by the OWNER shall be determined by the
CONSULTANT and Incorporated in a Change Order.
If.after termination of the CONTRACTOR under chis Section, it Is determined by • cOUrt of competent
jurisdiction lor any .... on chat the CONTRACTOR was not in default, the rights and obligations of che
OWNER and the CONTRACTOR shall be the same as if che .. rminadon had been Issued pursuant to
Section 15.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said terminatiOn shall not
affect any rights of the OWNER apinlt the CONTRACTOR then exlsdng or which may thereafter
accrue. Any retendon or payment of moneys by the OWNER duo the CONTRACTOR shall not release
the CONTRACTOR from liability.
15.4 Upon .even (7) calendar days written notice to che CONTRACTOR and the CONSULTANT, che CITY
may, without cause and wlchout prejudice to any ocher right or remedy, oloct to tonninate che Contract
for the convenience of the OWNER. In such case, !he CONTRACTOR shall be paid for all Work
Thoma F. Pa,.
02·23-15 81
executed and accepted by the CITY .. of the date of the termination, minus any deduction for damage or
Defective Work. No payment shall be made for profit for Work which h .. not been performed.
IS.4A The CITY reserves the right In the event the CONTRACTOR cannot provide an kem(s) or service(s) in a
timely manner as requested, to obtain the good andlor services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
Rmngval gf Equipment
IS.S In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, II notitled to do so by the CITY, shall promptly remove any part or all 01 its equipment
and supplies from tho property of the OWNER. Should the CONTRACTOR not removo such
equipment and supplies, the CITY shall have the right to remove them at the expense of tbe
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
to such eqUipment or supplies. Equipment and supplies shall not be construed to Includo such Items for
which the CONTRACTOR has been paid in whole or in part.
Contractor May Stop Work or Terminate
15.6 W, through no act or fault 01 the CONTRACTOR, the Work is su.pended for. period of more th.n
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court
or the CONSULTANT fails to act on any Application for Paymenc within thirty (30) calend.r days after it
i. submitted, or the OWNER lalls 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 considerod terminated. In lieu of terminating the
Contract, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has failed
to make any payment as afore sold, the CONTRACTOR matupon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due.
Indemnjficu)oo of Independent Consulgnt.,
IS.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an Independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Thereforo, the OWNER, at the CONSULTANT's request, agrees to
provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
an Interpretation, de-certitle. a payment appHcation, decertifies Substantial Completion, decertitles Anal
Completion. certifies an event of default, or approves any aaion 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 01 the OWNER. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set 01 the Contract Documents upon completion
of the Project .
16.3 The dudes and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions, If any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, &\Iarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies a .. ilable '0 the OWNER and CONSULTANT thereunder, .hall
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 OWNER 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 twonty on. (21) calendar
day. 01 the first observance of .uch injury or damage.
Thomu P. Pepe
D1-13·15 82
ARTICLE 17. WAIYER OF IURY TRIAL.
17.1 OWNER and CONTRACTOR knowingly, Irrevocably voluntarily and Intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedilllS in respect to any action l proceeding.
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE II • ATTORNEYS FEES IURISPICTION I YENUE I GOVERNING LAw'
11.1 The Contract shall be construed in accordance with and governed by the law of the State of FlOrida.
IS.2 The pan/os submit to the jurisdiction of any court of compotent jurisdiction In Florida regarding any claim
or action arising out of or relating to the Contract or Conna Coruments. Venue of any attian to
enforce the Contract shaH be in Miami-Dade County, Rorid ..
18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters In question between the OWNER 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 I'. PBOIECT RECORpS.
19.1 The CITY shall have right to inspect and copy during regular busine .. hours at OWNER'S expense, the
books sod 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) yean 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 (S) business day's written
notice.
19.2 CONTRACTOR and all of Its subcontractors are required to comply with the public records law
(s.119.070 I) while providing services on behalf of the OWNER and the CONTRACTOR. under such
conditions, .hall 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 ",ency In order to perform the service; (b) Provide the
public with access to public records on the same term' and condldons 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 record. that are exempt or confidendal and exempt from public
records disclosure requirements are not d~closed except as authorized by law, and (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
informadon technology systems of the public agency.
19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this contract prov~lon by specific performance and the penon who violates thiS
prOvision shall be liable to OWNER for Its costs of enforCing this proviSion, Including attorney fees
incurred In all proceedings, whether administrative or civil court and in all appellate proceedings.
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,
Thomas F. Pepe
·02-2l-IS 81
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contra<t. Service. provided by the
CONTRACTOR .hall b. by employees of the CONTRACTOR and subject to supervi.ion by the
CONTRACTOR, and not as officers •• mploy •••• or ag.nts of the OWNER. Personnel policies. tax
. responsibilities •• oelal security and health insurance. employee benefits. purchasing poncles and other
similar administrative procedure •• applicable to .ervices rendered under the Contract shall be tho.e of
the CONTRACTOR.
ARTICLE 22-ASSIGNMENT.
22.1 The CONTRACTOR .hall not transfer or as.ign any of its rights or duties, obligation. and responsibilitle.
arising under the terms. conditions and provisions of this Contract without priOr written consent of the
City Manager. The CITY will not unreasonably wlthhold andlor delay its consent to the assignment of the
CONTRACTOR's rights. The CITY may, In its sole and absolute discretion. refu •• to allow the
CONTRACTOR to assign Its duties, obligations and responslbilltle.. In any event, the CITY shan not
consent to such assignment unless CONTRACTOR remalnslointly and ,everally liable for any breach of
the "'reament by the 15,i,nee. the assignee meets all of the CITY's requirements to the CITY's sale
satisfaction and the 15slgne. executes all of the Contract Documents that were required to bo executed
by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto h!l! executed the General Condition. to acknowledge their
Inclusion as part of the Contract Documents on thisOI"' __ day of ~ . 20.1L
CONTRACTO ~~~~~~ ~gnl~~('AO~~~~~~~~~ Print Signatory's • ~ "'-_____ --"\.---
Title of Signato
ATT~~
Signatu :~ OWNER: CITY O'~~]"H MIAMI
~~~~~~
Thomas F. 'epa
01·13·15
Maria Menendez
City Clerk C Mana.ger
END OF SECTION
84
EXHIBIT 6
Supplementary Conditions
"Manor Lane Traffic Ca.1minl Project"
RFP #PW201 5-05
A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or If none, then CITY's
desienated representative as Identified in the Supplementary Conditions. The CONSULTANTs,lf any,
and the City's Ceslgnated Representative's name, addres., telephone number and facsimile number are as
follows:
Consultant: TY Lin International
201 Alhambra Circle
Coral Gables, FI 33134
Ph: 305 567-1888; Fax 305-567-1771
B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from termlnadng the
services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Ptans for Construction: The successful CONTRACTOR will be furnished I sets of Contract
Documents without charge. Any additional copi •• required will be fumlshed to the CONTRACTOR at a
cost to the CONTRACTOR equal to the reproduction COSL
D. The Scope of Services is set forth in the RFP and in the document set forth in the attached EXHIBIT I.
E. Contractor .hall comply with the insurance and indemnification requirements is set forth in the RFP and
in the document sot forth in the attached EXHIBIT 2
F. The Work shall be completed in 20 wprkl". dlljfl unless a shorter time is set forth in the Contract and
in such event the Contract shall take precedent notwithstanding any proviSion in the General Conditions
to the Contract that may be to the contrary •.
IN WITNESS WHEREOF, the parties hereto h~executed ~ Supplementary Conditions to
__ ... '"'"_ .... d .. """'"~ ~
Tbomas F. Pepa
01·23-i5
PrintS~ti~J2 0·
OWNER: CITY OF IAMI
85
i I '
CORELANO:CONSTRUCllQN '
~. .., .
~ ________ ~~,.a~ __________ _
JI'oioo,.o_...,.. -I&CCIIIfIIM,.,.:DkJ .' 21 ......
-~-~-.."",(-' •• '~Q,IIro. 1M .8iiIIlI~"""~
, SEALJ}D'BID
'I1lurl~Yt:~:23. 201S 110:00 ILJIL
,~~~S11lUC'llONCORP.
1230,i SW1~Court, (#107
MiimJ. FL ,33186
305"233·1709
Cny.OF SOUlHMIAMI
CITY ClJriu(Is' OPFICB
6130'suDietDrive
~FL 33i43
THE CITY Of PLEASANT LIVING
CITY OF SOUTH MIAMI
Manor Lane Traffic Calming Project
RFP #PW20 15-05
Submittal Due Date: April 23, 2015 at lOAM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request
for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or
"Invitation to Bid") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of
South Miami unless otherwise specifically defined.
The City is hereby requesting sealed proposals in response to this RFP #PW20 15-05 titled "Manor Lane
Traffic Calming Project." The purpose of this RFP is to contract for the services necessary for the completion
of the project in accordance with the Scope of Services, (Exhibit I), and the plans andlor specifications, (Exhibit
I; Attachment A, Attachment B and Attachment C), described in this RFP (hereinafter referred to as "the
Project" or "Project")
Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's
office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage:
http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information.
Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package, including all
documents listed in the RFP Table of Contents.
The Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I)
digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the
Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami. Florida 33143. The
entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope
Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is
delivered: "Manor Lane Traffic Calming Project" RFP #PW20 15-05 and the name of the Respondent
(person or entity responding to the RFP). Special envelopes such as those provided by UPS or Federal Express will
not be opened unless they contain the required Envelope Information on the front or back of the envelope.
Sealed Proposals must be received by Office of the City Clerk. either by mail or hand delivery. no later than 10
A.M. local time on April 23, 2015. A public opening will take place at 10 A.M. on the same date in the City
Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after
10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a
Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt
stamp.
A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission
Chambers on April 13, 2015 at 10:00 AM located at 6130 Sunset Drive, South Miami, FI 33143. The
conference shall be held regardless of weather conditions. Proposals are subject to the terms. conditions and
provisions of this letter as well as to those provisions. terms, conditions, affidavits and documents contained in this
RFP Package. The City reserves the right to award the Project to the person with the lowest, most responsive.
responsible Proposal. as determined by the City. subject to the right of the City, or the City Commission, to reject
any and all proposals. and the right of the City to waive any irregularity in the Proposals or RFP procedure and
subject also to the right of the City to award the Project, and execute a contract with a Respondent or
Respondents, other than to one who provided the lowest Proposal Price or, if the Scope of the Work is divided
into distinct subdivisions, to award each subdivision to a separate Respondent ..
Maria M. Menendez, CMC
City Clerk
City of South Miami
SCOPE OF SERVICES and SCHEDULE OF VALUE
"Manor Lane Traffic Calming Project"
RFP #PW20 15·05
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I
Thomas F. Pepe
02-23-15
END OF SECTION
2
SCHEDULE OF EVENTS
"Manor Lane Traffic Calming Project"
RFP #PW20 15-05
No Event
I Advertisement! Distribution of Solicitation & Cone of
Silence begins
2
No!!-Mandatory: Pre-RFP Meeting
3
Deadline to Submit Questions
4
Deadline to City Responses to Questions
5
Deadline to Submit RFP-Response
6 Projected Announcement of selected ContractorlCone of
Silence ends
END OF SECTION
Thomas F. Pepe
02-2]-15 ]
Date*
3/27/2015
4/13/2015
4116/2015
4/20/2015
4/23/2015
5/5/2015
Time*
(EST)
5:00 PM
10:00 AM
10:00 AM
10:00 AM
10:00 AM
7:00 PM
INSTRUCTIONS for RESPONDENT
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE
RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL"
THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE
CLOSING HOUR AND DATE STATED ON THE RFP FORM.
I.
2.
3.
4.
5.
6.
7.
Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price
for the Project. The City reserves the right to award the contract to the Respondent whose proposal is
found to be in the best interests of the City.
Qualification of Proposing Firm. Response submittals to this RFP will be considered from firms normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South
Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or
to take any other action necessary to determine ability to perform in accordance with the specifications.
terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is
satisfactory and reserves the right to reject all response submittals to this RFP where evidence submitted, or
investigation and evaluation. indicates inability of a firm to perform.
Deviations from SpeCifications. The awarded firm shall clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this RFP. The decision as to whether an item
fully complies with the stated requirements rests solely with the City of South Miami.
Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of
South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in
person, and shall be knowledgeable of the terms of the contract.
Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the
Contract:
a) Addenda to RFP
b) Attachments/Exhibits to RFP
c) RFP
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract, if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, ifany
i) Respondent's Proposal
Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not
including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request
for permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith.
The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions. or any other provision of this RFP, the Cover Letter
shall govern and take precedence over the conflicting provision(s) in the RFP.
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing. by
April 16, 2015 at 10:00 AM to the attention of Steven P _ Kulick at skulick@southmiamifl.gov or via
facsimile at (305) 663-6346_
Thomas F. Pepe
02-23-15 4
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to
such questions. shall be issued by a written addendum to the RFP Package (also known as "RFP Specifications"
or "RFP") by U.S. mail. e-mail or other delivery method convenient to the City and the City will notify all
prospective firms via the City's website.
10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or
the need for additional information shall exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence."
in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until
the Gty Manager issues his recommendation. there is a prohibition on verbal communication with the City's
professional staff. including the City Manager and his staff. All written communication must comply with the
requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-
proposal conferences. verbal presentations before evaluation committees, contract discussions during any duly
noticed public meeting. public presentations made to the City Commission during any duly notice public
meeting, contract negotiations with the staff following the City Manager's written recommendation for the
award of the contract, or communications in writing at any time with any City employee, official or member of
the City Commission unless specifically prohibited. A copy of all written communications must be
contemporaneously filed with the City Manager and City Clerk. In addition. you are required to comply with
the City Manager's Administrative Order AO 1-15. If a copy is not attached. please request a copy from the
City's Procurement Division.
WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN
COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI-
DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S
RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE
OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL
WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW.
THEREFORE, WHERE THE CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS
COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND
WRITTEN COMMUNICATION.
Notwithstanding the foregoing, the Cone of Silence shall not apply to ...
(I) Duly noticed site visits to determine the competency of bidden regarding a particular bid
during the time period between the opening of bids and the time that the City Manager
makes his or her written recommendation;
(2) Any emergency procurement of goods or services pursuant to the Miami-Dade County
Administrative Order 3-2;
(3) Communications regarding a particular solicitation between any person and the
procurement agent or contracting officer responsible for administering the procurement
process for such solicitation, provided the communication is limited strictly to matters of
process or procedure already contained in the corresponding solicitation document; and
(4) Communications regarding a particular solicitation between the procurement agent or
contracting officer, or their designated secretarial! clerical staff responsible for administering
the procurement process for such solicitation and a member of the selection committee
therefor, provided the communication is limited strictly to matten of process or procedure
already contained in the corresponding solicitation document."
12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such
event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to
one that requests any of the follOwing a proposal, qualifications. a letter of interest or a bid concerning any
contract for the provision of goods or services for a period of one year. Contact shall only be made through
regularly scheduled Commission meetings. or meetings scheduled through the Purchasing Division. which are
for the purposes of obtaining additional or clarifying information.
13. Lobbying. All firms and their agents who intend to submit, or who submitted. bids or responses for this RFP.
are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or
any employee of the City of South Miami are to be lobbied either individually or collectively concerning this
RFP. Contact shall only be made through regularly scheduled Commission meetings. or meetings scheduled
through the Purchasing Division. which are for the purposes of obtaining additional or clarifying information.
Thomas F. Pepe
02-2]-15 5
14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFP and the
successful firm will be requested to enter into negotiations to produce a contract for the Project. The City,
however, reserves the right, in its sale discretion, to do any of the following:
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the RFP documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is. therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the lowest. most responsive. responsible Proposal. as
determined by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents. other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed
or retained a company or person. other than a bona fide employee. contractor or subcontractor, working in
its employ. to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person.
company, corporation, individual or firm other than a bona fide employee. contractor or sub-consultant,
working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or
reSUlting from the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor
list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a
contract to provide any goods or services, or a contract for construction or repair of a public building, may
not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a
contract to perform work as a CONTRACTOR, sub-contractor, supplier, sub-consultant, or consultant under
a contract with the City of South Miami, and may not transact business with the City of South Miami for a
period of 36 months from the date of being placed on the convicted vendor list.
17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue
ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The
proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by
f)
18. Goods:
a)
Respondent
Certificate of Insurance and/or Letter of Insurability.
If goods are to be provided pursuant to this RFP the following applies:
Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are
equal to the goods described in this Solicitation with appropriate identification, samples and/or
Thomas F. Pepe
02·23·15 6
specifications for such item(s). The City shall be the sole judge concerning the merits of items
proposed as equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s)
shall be adjusted to coinclde. Respondents are responsible for checking their calculations. Failure to
do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or
its responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to
the City. Each individual sample must be labeled with the Respondent's name and manufacturer's
brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule
indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be
delivered within ten (10) calendar days of the request. The City shall not be responsible for the
return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship. or performance of the items offered on
this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to
notify the City at once, indicating in its letter the specific regulation which required an alteration.
The City of South Miami reserves the right to accept any such alteration, including any price
adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole
discretion of the City and at no further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete. unresponsive, irresponsible. vague. or ambiguous
responses to the Solicitation shall be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform
in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this RFP and as required by law. The
Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a
certified copy of all licenses. Certificates of Competency or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida
Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished
to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to
furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if
required for this Project.
20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this prOvision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize
the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of
contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the
City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
21. Copyrights andlor Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been,
nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City
from any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract A response to this RFP shall not be responsive unless the Respondent signs the form
of contract that is a part of the RFP package. The Respondent to this RFP acknowledges that by submitting a
response or a proposal. Respondent agrees to the terms of the form contract and to the terms of the general
conditions to the contract, both of which are part of this RFP package and agrees that Respondent's Signature
Thomas F. Pepe
02-23-15 7
on the Bid Form and/or the form of contract that is a part of the RFP package and/or response to this RFP,
grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract
documents, information obtained from the proposal and the Respondent's signature on any of those
documents shall also be treated, for all purposes, including the enforcement of all of the terms and conditions
of the contract, as the Respondent's signature on the contract. after the appropriate information has been
inserted.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, the financial position. experience. staffing, equipment.
materials, references, and past history of service to the City and/or with other units of state. and/or local
governments in Florida. or comparable private entities. will be taken into consideration in the Award of the
Contract.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as
amended, when requested shall be cause for rejection of the Proposal as determined by the City.
25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a
conviction for a public entity crime may not submit a response on a contract to provide any services to a
public entity, may not submit RFP on leases of real property to a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36
months from the date of being placed on the Convicted Vendors List.
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a
company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to
solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bona fide employee. contractor or sub-consultant, working in its
employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of a contract with the City.
27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract,
as applicable, unless the claim is based solely on allegations of fraud andlor collusion. The submission of a
proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project,
shall not be released until and unless the Respondent waives any and all claims that the Respondent may have
against the City that arise out of this RFP process or until a judgment is entered in the Respondent's favor in
any suit filed which concems this proposal process. In any such suit, the prevailing party shall recover its
attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court
costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required
for this project, shall be applied to the payment of those costs and any balance shall be paid by the
Respondent.
28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or
termination of the contract.
29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security.
30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith. The bonds
shall be with a surety company authorized to do business in the State of Florida.
30.1. Each Performance 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 the Contract
Documents.
30.2. Each Performance Bond shall continue in effect for five year after final completion and acceptance
of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or
subcontractor employed pursuant to this Project.
3004. Each Bond shall be with a Surety company whose qualifications meet the requirements of
insurance companies as set forth in the insurance requirements of this solicitation.
Thomas F. Pepe
02·23-15 8
30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent 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.
30.6. The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570. current revisions.
31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this RFP package, the successful Respondent, within
ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's Signature, and deliver to the City the
required insurance documentation as well as a Performance and Payment Bond if these bonds are required.
The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish
the required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit
the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be
retained as liquidated damages by the City. It is agreed that if the City accepts payment from the
Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case
the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance
documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach
of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid
Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be
subject to the same requirements as a Proposal/Bid Bond.
32. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall
be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal
conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist,
as a result of failure to make the necessary examinations or investigations, or failure to complete any part of
the RFP Package, will be accepted as basis for varying the requirements of the Contract with the City of South
Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the
property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
entitled to any change order due to any such condition. If the survey is provided before the proposal is
submitted, the contract price shall include the Work necessitated by those conditions. If the survey is
provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify
the City of any additional costs required by such conditions and the City shall have the right to reject the
proposal and award the contract to the second most responsive. responsible bidder with the lowest price or
to reject all bids.
33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with
the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders shall be allowed for delays caused by the City, other than for extensions of time to complete
the Work.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a
fully completed Bid Form found on EXHIBIT 3 which is a part of this RFP Package.
35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City.
36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color. religion,
national origin, sex, age, sexual orientation, disability, or familial status.
37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid
proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies,
fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's prinCipal,
partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or
quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid
in full. No bidder who is in default of any prior contract with the City may have their bid considered until the
default is cured to the satisfaction of the City Manager.
38. Bid Protest Procedure. See attached EXHIBIT 9
39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as EXHIBIT TBA; Not Applicable_
Thomas F. Pepe
02-23-15
END OF SECTION
9
Proposal Submittal Checklist Form
"Manor Lane Traffic Calming Project"
RFP #PW20 15-05
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:
Attachments and Other Documents described below Checl<
to be Completed
IF MARKED WITH AN "X": Completed.
x Schedule of Values EXHIBIT I; Attachment A
__ X __ Indemnification and Insurance Documents EXHIBIT 2
x Bid Form EXHIBIT 3
X Signed Contract Documents (All -including General Conditions
____ and Supplementary Conditions if attached) EXHIBIT 4; 5 & 6
x
x ---
Performance and Payment Bonds (As a Condition of Award; Not
Required With the Submittal) EXHIBIT 7 & 8
Respondents Qualification Statement
x ____ List of Proposed Subcontractors and Principal Suppliers
x Non-Collusion Affidavit ---
x Public Entity Crimes and Conflicts of Interest ---
x Drug Free Workplace
x ____ Acknowledgement of Conformance with OSHA Standards
x ____ Affidavit Concerning Federal & State Vendor Listings
x Related Party Transaction Verification Form ---
x ____ Presentation Team Declaration! Affidavit of Representation
*See Note (I)
Below
*( I) Performance Bond: Required as a Condition of Award and Prior to the Contractor Receiving a
Notice to Proceed. Not Required with Submittal.
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
Thomas F. Pepe
02-23-15
END OF SECTION
10
RESPONDENT QUALIFICATION STATEMENT
"Manor Lane Traffic Calming Project"
RFP #PW20 15-05
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) In the past 5 years
In the past 5 years On Schedule
b) In the past IOyears
In the past 10 years On Schedule
2. list the last three (3) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
c)
Thomas F. Pepe
02-23-15
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Fi nal Contract Price
Project Name:
II
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
3. Current workload
Project Name Owner Name Telephone Number Contract Price
4. The following information shall be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel. including on-site Superintendent.
5. list and describe any:
a)
b)
Thomas F. Pepe
02-23-15
Bankruptcy petitions filed by or against the Respondent or any predecessor organizations.
Any arbitration or civil or criminal proceedings, or
12
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
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:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Thomas F. Pepe
02·23·15 13
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
"Manor Lane Traffic Calming Project"
RFP #PW20 15-05
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this RFP to be
used on this project if they are awarded the Contract.
Classification of Worl< Subcontractor Name Address Telephone, Fax &
Email
Landscape
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 the City of South Miami by the apparent lowest responsive and responSible Bidder
within five (5) business days after Bid Opening.
Thomas F. Pepe
02-23-15
END OF SECTION
14
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
_____________________ being first duly sworn. deposes and states that:
(I) HeiShelThey is/are the ---,0-------:----,:-----:-----=--------------
(Owner. Partner. Officer. Representative or Agent) of
_---,-,,...,,-__ -:-______________ the Respondent that has submitted the
attached Proposal;
(2) HeiShelThey is/are fully informed conceming 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
Witness Print Name and Title
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of • 20 __ • before me. the undersigned Notary Public of the State
of Florida. personally appeared (Name(s) of individual(s) who appeared before
notary) and whose name(s) is/are Subscribed to the
within instrument, and he/she/they acknowledge that he/she/they executed it.
Thomas F. Pepe
02-23-15 15
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
Thomas F. Pepe
02·23·15 16
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.
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 112, Florida State Statutes.
Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who
is also an officer or employee 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
[print name of the public entity]
~----~~~~~----~~~----------------------------------[print individual's name and title]
ror ____ ~~----~--~~~~------__ --__ ~--------------------------
[print name of entity submitting sworn statement]
whose business address is _____________________________________________ __
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
------------------------------------------_.)
2. understand that a "public entity crime" as defined in Paragraph 287.133 (I Jig), 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
(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
Thomas F. Pepe
02·23-15 17
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.
5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statlltes, 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.]
___ 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.
[Signature]
Sworn to and subscribed before me this _____ day of _____________ " 20 __ .
Personally known ___________ _
OR Produced identification ________ _
(Type of identification)
Form PUR 7068 (Rev.06111f92)
Thomas F. Pepe
02·23·15 IB
Notary Public -State of _______ _
My commission expires ____ -,-__ _
(Printed, typed or stamped commissioned
name of notary public)
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 (5) 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.
RESPONDENTs Signature: ______________ _
Print Name: ___________________ _
Date: ____________________ _
Thomas F. Pepe
02·2]·15 19
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We, , (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the Manor Lane Traffic Calming 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 and TY
Lin International (Consultant) 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: 77-------------------------Name
Title
Thomas F. Pepe
02-23-15
Witness
20
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida
Department of Management Services website:
http://www.dms.myflorlda.com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, under penalty of perjury,
that the following statements are true. and correct:
(I) I represent the Respondent whose name is ---,------------0-=--.
(2) I have the following relationship with the Respondent (Owner (if Respondent is a
sale proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member>(if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business_ operations/state_purchasing/vendor _information/convicted_suspended _ di
scriminatory_complaints_ vendor_lists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
FURTHER DECLARANT SAYETH NOT.
(Print name of Declarant)
By: _--=,----_-=-..,.---,. ___ _
(Signature of Declarant)
ACKNOWLEDGEMENT
) STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
On this the __ day of ______ ~, 20 __ , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
following identification and who took an oath or affirmed that that he/she/they executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
Thomas F. Pepe
02-23-15
SEAL
21
Notary Public, State of Florida
(Name of Notary Public: Print,
Stamp or type as commissioned.)
RELATED PARTY TRANSACTION VERIFICATION FORM
=-----,,.,-_-:-:-_----::-::-____ -:-_" individually and on behalf of -=-:-:-::---c-=----:::::--=----:-----::-=-",--
("Firm")have Name of Representative CompanyNendoriEntity 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, andlor 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, ;,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 (i.e .• spouse, parents, children. brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect. in any business being transacted
with the city, or with any person or agency acting for the city, other than 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 andlor appointed official or employee of the City of South Miami, or any of their immediate family
members (I.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, 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: --:-;;-:--:-:-7'"--,--.,---:::---:0----:-:-::---:----
(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 andlor 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 andlor 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 ofthe 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
before any board. commission or agency of the City within the past two years other than as
Thomas F. Pepe
02-23-15 22
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:IPurchasingIVendor Registrationl 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 (i.e., as a
spouse, son, daughter, parent, brother or Sister) is related by blood or marriage to: (i) any member of the City
Commission: (ii) 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 Arm. 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 Rrm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family ~.e. spouse, parents,
children, brothers and sisters) have also responded, other than the follOWing:
-------...,---.......,---:--:---:--:-7---.,--=---:,---:-:-::---:-----(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
helshe is not required to make an independent investigation into the Other Firm, or the Firm helshe 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 ofthe 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 andlor 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 dedare 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: ______________ _
Date: __________ _
Thomas F. Pepe
02-23-15 23
Sec. SA-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" shalt 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.
(e) Prohibition on transacting business with the dty.
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.
(d) Further prohibition on transacting business with the city.
Thomas F. Pepe
02-23-15 24
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 ofthe 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)(l) 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)Deftnition. 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)(l) 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 t~rm 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.
(I) 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 dty.
(g) Exploitation of official pOSition prohibited.
No person included in the terms defined in paragraphs (b )(1) 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)(I) 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
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
Thomas F. Pepe
02.23·15 25
(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 foHows:
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)(l) 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)(I) 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
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.
Thomas F. Pepe
02-23-15 26
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 of two 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)(l) 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 l1indirectly" 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 BA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) 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. 6-99-1680. § 2. 3-2-99)
Editor's note-Ord. No. 6-99-1680. § I, adopted 3-2-99. repealed §§ BA-I and BA-2 in their entirety and replaced
them with new §§
BA-I and 8A-2. Former §§ BA-I and BA-2 pertained to declaration of policy and definitions. respectively. and
derived from Ord. No. 634, §§ I (lA-I). I (IA-2) adopted Jan. II, 1969.
Thomas F. Pepe
02·23·15
END OF SECTION
27
PRESENTATION TEAM
DECLARATION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City
Manager. For the purpose of this subsection only, the listed members of the presentation team, with
the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any
registration fees. No person shall appear before any committee on behalf of an anyone unless he or she
has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is
registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2)' Florida Statutes, the undersigned, ______ ~, makes the following
declaration under penalty of perjury:
listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to
pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the
time the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below
Executed this ___ day of _______ --'. 20 .
Signature of Representative
Print Name and Title
Thomas F. Pepe
02·23-15
Print name of entity being represented
END OF SECTION
28
NOTICE OF AWARD
"Manor Lane Traffic Calming Project"
RFP #PW20 15-05
The City has considered the Proposal submitted by your firm for the Manor Lane Traffic Calming Project
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 Manor Lane Traffic Calming Project
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
01 proposal and to furnish any required Performance Bond. Payment Bond, and insurance documents (see Proposal
Submittal Checklist Form) within ten (10) day Irom the date 01 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 01 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 01 _______ , 20 __
ACCEPTANCE OF NOTICE
Receipt 01 the above Notice of Award is hereby acknowledged by ______________ _
On this the ___ day 01 _________ , 20 __ .
BY:
TITLE:
You are required to return an acknowledged copy of this Notice 01 Award to the City Manager.
Thomas F. Pepe
02·23-15
END OF SECTION
29
TO:
NOTICE TO PROCEED
PUBLIC CONTRUCTION CONTRACT
uManor Lane Traffic Calming Project"
RFP #PW20 15-05
DATE:
PROJECT DESCRIPTION: Manor Lane Traffic Calming Project in accordance with Plans and specifications, if
any, as may be prepared in whole or in part by CONSULTANT, referenced in the Supplementary Conditions and
Contract Documents.
You are hereby notified to commence Work in accordance with the Contract dated . on or before
You are to complete the work within 20 working days. The date of completion of all Work is
therefore 20
City of South Miami
BY: _________ _
(print name)
City Manager, or deisgnee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by _____________ _
on this ____ day of ______ ~, 20 __ .
BY:
TITLE: __________ _
END OF SECTION
Thomas F. Pepe
02-23·15 30
EXHIBIT #1
SCOPE OF SERVICES & SCHEDULE OF VALUES
uManor Lane Traffic Calming Project"
RFP #PW20 15-05
1_ Scope of Work:
The project consists of the construction of five speed tables and two curb islands. The
construction is to be performed per specifications and the construction documents of
Manor Lane Neighborhood Traffic Calming Improvements. This includes. but is not
limited to. the furnishing of all labor. material. tools. equipment. machinery. disposal of
all materials. superintendence and services necessary for the completion of the
construction of the project.
The awarded vendor must obtain any permits required. The City will waive all City
permit fees. Permits that may be required by other agencies will be the responsibility of
the awarded vendor. including applicable fees.
II. Site Location:
There are five sites for this project, described below and depicted in Attachment C,
"Project Site Map & Speed Tables."
As depicted in the construction plans in Attachment B, "Manor Lane Speed
Tables & Design."
• A: SW 63'· Avenue. between SW 72 Street and SW 74 Street
o In front of 7240 & 7231 SW 63'· Avenue
• B: Manor Lane. between SW 65 Place and SW 64 Court
o In front of 6445 & 6456 Manor Lane
Additional Speed Tables. to be constructed per specifications in the Technical
Memorandum in Attachment B, "Manor Lane Speed Tables Memo &
Design."
• C: SW 63"' Avenue. between SW 74 Street and bend into Manor
Lane
o In front of 7430 & 7431 SW 63"' Avenue
• D: Manor Lane. by SW 63'· Court
o In front of 6356 Manor Lane
• E: Manor Lane. between SW 79'" Street and SW 78'" Terrace
o In front of 650 I & 6510 Manor Lane
III. Plans and Specifications:
Plans prepared by T.Y. Lin International, Inc. and the technical specifications as per
the Attachment B, "Manor Lane" Speed Tables Memo & Design." is a part of
this RFP by way of reference.
Thomas F. Pepe
02-23-15 31
IV. Project Duration:
The current estimate to complete construction of the project is 20 working days from
issuance of Notice to Proceed.
V. Warranty:
The standard manufacturer's warranty information must be provided in writing for all
equipment/material being proposed, including installation by an authorized dealer and/or
reseller.
Thomas F. Pepe
02-23-15 32
Exhibit I
Attachment A: "Schedule of Values"
Note: Respondents must complete the Schedule of Values and Submit as a part of
Respondents Proposal
Pay Item DESCRIPTION
Site Preparation" Demolition
101-1 MOBILIZATION
102-1 MAINTENANCE OF TRAFFIC
110-1-1 CLEARING AND GRUBBING (Includes removal of asphalt pavement)
162-1-11 PREPARED SOIL LAYER, FINISH SOIL LAYER, 6"
327-70-1 MILLING EXISTING ASPHALT PAVEMENT (OS' AVERAGE)
334-1-13 SUPERPAVEASPHALTIC CONCRETE, TRAFFIC C (1IOLBs/SY-IN)
520-1-10 CONCRETE CURB & GUTTER, TYPE F
520-2-4 CONCRETE CURB, TYPE D
570-1-2 PERFORMANCE TURF, SOD
0700-1-11 SINGLE POST SIGN,F&I LESS THAN 12 SF
0711-THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" 11123
END OF SECTION
Thomas F. Pepe
02-23-15 II
UNIT EST. UNIT
QTY COST
LS I
LS I
LS I
SY 16
SY 216
TN 33
LF 66
LF 46
SY 16
AS 20
LF 480
TOTAL
TOTAL
COST
Thomas F. Pepe
02-23-15
Exhibit I
Attachment B
"Manor Lane Speed Tables Memo & Design"
Prepared by: TY Lin International
34
TVLININTERNATIONAL
"f."'t"LININTERNAnONAL
engineers I planners I scientists
Manor Lane Speed Tables Memo
T.Y. Lin International (TYLI) was retain by the City of South Miami (City) to develop civil
plans for the installation of two speed tables (locations 1 & 4 of Figure 1) as part of the
City's traffic calming improvements. The plans can be found in Attachment A. As part of
the City's expansion of the traffic calming improvements three more locations (locations
2,3 & 5 of Figure 1) have been identify as potential locations refer to figure 1.
Figure 1 . Proposed Speed Table Locations
Memo: March 16, 2015 "Manor Lane" Speed Tables Mem'o
36
1¥LBNINTERNATIONAL
engineers I planners I scientists
Richard Garcia & Associates, Inc. (RGA) developed a traffic study on June 4th , 2012. All
five locations pointed out in Figure 1 were analyzed at that time. However, based on the
data collection and analysis at the time RGA did not consider necessary to adopt the
speed tables at all five location.
In the last two years the City has noticed an increase of cut thru traffic and speeding
along Manor Lane and SW 63 Avenue. As such, the City wants to implement the speed
tables at all five locations previously analyzed. TYLI has no objection as long as the
speed tables are installed as follows:
1. Speed tables cannot be installed within 100 feet of the intersection curb return,
2. Speed tables cannot be installed within 50 feet a fire hydrant,
3. Speed tables cannot be installed in front of a driveway.
4. Installation of seed tables need to fallow details on Appendix A page 4,
5. Signs W17-1 and W16-9P have to be installed 100 feet upstream of each speed
table (from both approaches) as shown in Figure 2.
6. Signs W17-1 and W16-7P have to be installed at the edge of each speed table
along each approach (as shown in Figure 2)
Figure 2-Example of Sign Locations
7US 7240
I ~.: . ,11., ' A50H,"
, c 'IGR PAv'''[.T
J',FruriG _, • ____ ,
_____ 1-..0-----------<.: __ 1 _____ ' _!~...:..::.:.._~_"..:~ _____ ..
~, -"" -.-c-WI1_7 -;0. REFER TO SHOULDER <-. ~--=--:> ~ iir"zv-f5LAND DETArL (SHEET 4) c.:-:'~:'--:::a C_WI6 .. 7f!:"-:.:> &:/..... REFER TO ADVANCE 1iI/"'r-."~ '24-;.-77 -2.r~Jl' e\;) WARNING I>fARKING til, ~t )! 100-20-11 I ! J60-20-U! ..... ~~ .-DETAIL (5HEFT 4. ryp.) 'V SrA 13+J8,B3 SrA 14+20.13 "~/
I I I
I. ('U~m o!. 'jurrEll
1 AS I AS
-7241·7325 ..-----i 723' 6280
ii
Memo: March 16, 2015 "Manor Lane" Speed Tables Memo
37
TYLDNINTERNATIONAL
engineers I planners I scientists
T.Y. Lin International Speed Tables plans
"Manor Lane" Speed Tables Memo
lB
South Miami
-*~!~ ~Iqrp
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2001
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-13
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CITY OF SOUTH MIAMI
MANOR LANE NEIGHBORHOOD
TRAFFIC CALMING IMPROVEMENTS
SW 63 AVE SPEED TABLE
Manor Lane SPEED TABLE
PREPARED FOR:
CITY OF SOUTH MIAMI
MIAMI-DADE COUNTY, FLORIDA
PROJECT LOCATIONS ~
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CITY COMMISSION:
MAYOR:
VICE-MAYOR:
COMMISSIONERS,
CITY MANAGER:
CITY ATTORNEY,
PHILIP K. STODDARD
JOSH LIEBMAN
BOB WELSH
VALERIE NEWMAN
WALTER A. HARRlS
STEVE ALEXANDER
LUIS FIGUEREDO
~\ Ilsw,BO ST CITY CLERK: MARIA M. MENENDEZ ,--LU
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PUBLIC WORKS: GEORGE VERA
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~ PREPARED BY:
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LOCATION MAP
NOT TO SCALE
, ____ 1
~WORK ZONE
201 ALHAMBRA CIRCLE SUITE 900
CORAL GABLES, FLORIDA 33134
PHONE: (305) 567-1888
FAX: (305) 567-1771
EB00002017
INDEX OF SHEETS
SHEET
NO_ DESCRIPTION
COVER
2 NOTES
t
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3 SUMMARY OF QUANTITIES
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4 PROJECT LAYOUT & DETAILS
5 PLANS -MANOR LANE
100% SUBMITTAL
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GENERAL NOTES:
EXISTING TOPOGRAPHIC INFORMATION AND CE~TERLINE GEOMETRY SHrNJN ON PLANS WERE TAKEN FROM THE SURVEY PREPARED BY AVINO Ii<
ASSOCIATES E~GINEERS, PlANIJERS AND SURVEYORS. DATED 09/10/2013-
2. ALL PUBLIC LAND CORNERS AND MONUMENTS WITHIN THE LIMITS OF CONSTRUCTION ARE TO BE PROTECTED SY THE CONTRACTOR AS FOLLOWS:
CORNERS AND /ofONU/IIEIffS tN CONFLICT WITH THE WORK AND III DA~GER OF BEING DAMAGED. DESTROYED OR COVERED SHALL BE PROPERLY
REFERENCED BY A REGISTERED LAND SURVEYOR IN ACCORDANCE WITH THE MINIMUM TECHNICAL STANDARDS OF THE FLORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS PRIOR TO BEGI~NING WORK AT THAT SITE THE CONTRACTOR SHALL RHAIN THE LA~D SURVEYOR TO
REFERENCE, AND RESTORE UPON COMPLETION OF THE WORK, ALL SUCH CORNERS AND MONUIofEIJTS AND SHALL FURNISH TO THE ENGINEER A
SIGNED AND SEALED COPr OF THE LAND SURVEYOR'S REFERENCE DRAWING. COST OF THIS WORK SHALL BE DEEMED INCIDENTAL TO THE
TOTAL PROJECT COST.
3. THE INFORMATION PRaIIlDED IN THESE DRAWINGS IS SOLELY TO ASSIST THE CONTRACTOR IN ASSESSING THE NATURE AND EXTENT OF
CONDITIONS WHICH WILL BE ENCOUIffERED DURING THE COURSE OF THE WORK. THE CONTRACTORS ARE DIRECTED, PRIOR TO BIDDING. TO
CONDUCT ALL INVESTIGATIONS DEEI>IED NECESSAllY TO ARRIVE AT THEIR OWN CONCLUSION REGARDING THE ACTUAL CONDITIONS THAT WILL BE
ENCOUNTERED, AND UPON WHICH SIDS WILL BE BASED.
<I PRIOR TO CONSTRUCTION THE CONTRACTOR SHALL VERIFrlCONFlR/oI ALL TOPOGRAPHICAL SURVEY. INCLUDING BUT NOT LIMITED TO PROPOSED
CI:NTERLINES AND RIGHT-f.}F-WAY LI~ES AND SHALL NonH THE ENGINI:ER OF ANY DISCREPANCIES ENCOUNTERED.
S. THE CONTRACTOR SHALL NOriFY THE CITY OF W"EST MIAMI PUBLIC WORKS DEPARrMENT AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF
CONSTRUCTION.
6. ALL CONSTRUCTION AIIID MATERTALS SHAll CONFORM TO ALL LATEST APPLICABLE STANDARDS AND SPECIFiCATIONS OF THE FLORIDA
DI:PARTMENT OF TRANSPORTATION. UNLESS OTHI:R1NISE 1II0TED
1. THE CONTRACTOR SHALL BE RESPONSIBLE TO SATISFY ALL REOUIREMENTS OF ANY REGULATORY AGENCY PERMITS IN REGARDS TO
CONSTRUCTION ACTIVITIES AND RELATED CONDITIONS PRlDR TO THE START OF CONSTRUCTION.
Ii. PRIOR TO THE COl4/o1EIIICEMI:IIIT OF CONSTRUCTION THE CONTRACTOR SHALL PROVIDE SUITABLE EQUIPMENT IWD METHODS FOR THE DISPQSAL
OF STORM WATER FOR THE DURATION OF THE PROJECT. COST SHALL BE DEEMED INCIDENTAL TO THE TOTAL PROJECT COST.
9. THE CONTRACTOR'S ATTENTION IS DIRECTED TO THE PROVISIONS OF THE TRENCH SAFETY ACT" (FLORIDA STATUTES SECTION 553.60 ET. SEO.)
AND STANDARDS (29 C.F.Ft. SECTION 1926.650. SUB-PART P) WHICH SHALL APPLr TO COIIISTRUCTION, OPERATION. AND MI1lNTENANCE PURSUANT
TO THIS AGREEMENT.
JO THE CONTRACTOR SHALL MAINTAIN ACCESS TO ALL ADJACENT PROPERTIES AT ALL TIMES UNLESS O"fHERWISE APPROVED BY THE CITY.
1/. THE CONTRACTOR SHALL NOT ENCROACH INTO PRIVATE PROPERTY WITH PERSONNEl., MATERIAL OR EQUIPMENT.
12. THE CONTRACTOR SHALL DISPOSE OF ALL EXCESS EXCAVATED MATERIAL AND DEBRIS TO AN APPROVED SITE IN A LEGAL MANNER AT NO
ADDITIONAL COST TO THE CITY. STOCKPILING OF MATERIAL fN ROADWAY IS NOT ALLOWED
13. UNDER NO CIRCUMSTANCI:S SHAH THE CONrRACTOR LEA~E EXCAVATED TRENCHES, OR PARTS OF SUCH, EXPOSED OR OPEN AT THE END OF
EACH WORKING DAY. WHEN THE CONTRACTOR IS NOT WORlaNG, ALL TRENCHES SHALL BE COVERED, FIRMLY SECURED AND MARKED
ACCORDINGLY FOR PEDESTRIAIII TRAFFiC AT NO ADDITIONAL COST TO THE PROJECT
14. THE CONTRACTOR SHALL VERIFY. PHOTOGRAPH AND mVENTORY THE EXACT LOCAT/ON OF ALL EXISTING TRI:ES, STRUCrURES, PAVEMENT OR
OTHER FEATURES. ANY EXIST/IIIG STRUCTURE. PAVEfitENT. TREE OR OTHER EXISTING FEATURE, WHICH IS IN CONFUCT OR DAMAGED, EXPOSED
OR IN ANY WAY DISTURBED BY CONSTRUCTION PERFORMED UNDER THIS CONTRACT". SHALL BE RESTORED PROMPYLY TO Irs ORIGINAL
CONDITION AT NO ADDITIONAL COST TO THE CITY. UNLESS IDENTIFIED BY A BID ITEM IN THE PROPOSAL.
IS. THE COIIITRACTOR SHALL NOT REMOVE OR RELOCATE ANY TREES WITHOUT PRIOR APPROVAL FROM THE CITY. THE CONTRACTOR SHALL OBTAIN
ALL REQUIRED PERMITS FROM THE CITY OF WEST MIAMI PUBLIC WORKS DEPART/oIE~T PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL
PRUNE, ROOT PRUNE, AflD SUPPORT ALL TREES THAT ARE ADJACENT TO TRENCH EXCAVATION. COST SHALL BE DEEMED INCIDENTAL TO THE
TOTAL PROJECT COSY
16 ALL AVATLABLE UTILITY LOCATION INFORMATION IS DEPICTED. CONTRACTOR SHALL CONFIRM IT BEFORE CONSTRUCTION BEGINS
17 EXISTIN6 UTILITIES SHALL BE MAINTAINI:D IN SERVICI: DURING CONSrRucrlON UNLESS OTHERWISE APPROVED 8Y THE UTILITY OWNER ALL
EXISTING UTILITIES ARE TO REMAIN UNLESS OTHERWISE IJOTED.
18 THE CONTRACTOR SHALL CONTACT SUNSHINE AT 1-800-432-4770 AT LEAST 48 HOURS PRIOR TO ANY EXCAVATION TO COORDINATE THE
LOCATlOIII OF EXISTING UTILITIES. THE CONTRACYOR SHALL BE AWARE THAT NOT ALL UTILITIES SUBSCRIBE TO SUIIISHlNE
19 THE LOCATION AND SIZE OF EXISTING UTILITIES AND OTHER FEATURES SHOWIII ON THESE DRAWlIIIGS ARE APPROXIMATE, AND HAS BEEN
PREPARED FROM THE MOST RELIABLE INFORMATION AVAILABLE TO THE ENGINEER. OTHER UTILITIES MAY BE ENCOUNTERED DURING THE
CONSTRUCTION THE CONTRACTOR SHAll FIELD VERIFY AND LOCATE (LINE .. GRADE) ALL EXISTING UTILITIES. THE CONTRACTOR SHALL
VERIFY ALL UTILITIES BY ELECTRONIC METHODS AND BY HAND EXCAVATION IN COORDINATION WITH ALL UTILITY COHPANIES PRIOR TO
COMMENCING ANY CO~STRUCTION OPERATION. THIS WORK BY THE CONTRACTOR SHALL BE CONSIDERED INCIDENTAL TO THE CONTRACT AT NO
ADDITIONAL COST TO THE CITY
SHOWN ON THESE DRAWINGS
22. THE CONTRACTOR IS ADVISED THAT PROPERTIES ADJACENT TO THE PROJECT MAY HAVI: ELECTRIC, TELEPHONE, GAS, WATER. AND/OR SEWER
LATERALS WHICH MAY NOT BE SHOWN ON THE PLANS. THE CONTRACTOR SHALL REQUEST THE LOCATION OF THESE SERVICES FROM THE
UTILITY COMPANIES. THE ADDITIONAL COST OF EXCAVATING, INSTALLING, BACKFILL AND COMPACTING AROUND THI:SE SERVICES SHALL BE
INCIDENTAL TO THE CONTRACT AT NO ADDITIONAL COST TO THE CITY.
23. THE CONTRACTOR SHALL ENGAGE A FLORIDA REGISTERED LAND SURVEYOR TD PREPARE AND CERTIFY THE AS-BUILT RECORDS OF ALL
IMPROIIEMENTS.
24. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DAIoIAGE, REMOIIAL OR /oIODIFlCATION. ACCIDENTALLY OR PURPOSELY, CAUSED TO ANY IRRIGATION
SYSTEMS, PRIVATE OR PUBLIC. THE CONTRACTOR SHALL REPLACE ANY DAMAGED, RE14011ED OR /oIODIFIED IRRIGATION PIPES. SPRIIJI(LER HEADS
OR OTHER RELATED ITE/IIS OF SUCH WORK SHALL SE DETI:RMINED INCIDENTAL AT NO ADDITIONAL COST TO Till: CITY.
2S. AIIIY MAIL BOXES, WALLS, FENCES OR OTHER HOlt/EOWNER PROPERTY OR IMPROVEMENTS IN DIRECT CONFLICT WITH THE WORK BEING
PERFORMED SHALL BE TEMPORARILY RELOCATED AND Rl:nACED. THE CONTRACTOR SHALL COORDINATE WITH THE U.S. POSTAL SERVICE TO
PROVIDE UN-INTERRUPTED MAIL SERVICE TO AU. PROPERTIES AFFECTED BY CONSTRUCTION ACTIVITIES. COST OF SUCH WORK SHALL BE
DEEI>lED INCIDENTAL TO TilE TOTAL PROJECT COST.
25 ALL CONSTRUCTION LAYOUT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR.
27 GRADING CONSISTS OF ALL EXCAVATION. BACKFILL. SHAPING AND SLOPING NECESSAllY FOR THE CONSTRUCTION. PREPARATION AND COMPLETION
OF ALL SUB GRADES. SHOULDERS. SLOPES. IIoITERSECTlOIiS. PAVEMENT" AND OTHER AREAS, ALL IN ACCORDANCE WITH THE LAYOIfT AND GRADES
SHOWN IN THESE DRAWINGS
28. ALL EXISTING AJ\ID COMPLETED DRAINAGE STRUCTURES SHALL BE PROTECTED FROM CONSTRUCTION ACTIVITIES AND CONTAMINATION BY SILT
AND CONSTRUCTlOIII DEBRIS. THE CONTRACTOR SHALL PLACE FILTER FABRIC BETWEEN FRAME AND INLET GRATE UNriL CONSTRUCTION
OPERATIONS ARE COMPLETED. All EXISTING AND COMPLETED DRAINAGE STRUCTURES SHALL 8E FREE OF ALL SILT, CONSTRUCTION DEBRIS.
AND OTHER FOREIGN MATERIAL PRIOR TO FINAL ACCEPTANCE AND FINAL PAYMENT. COST SHALL BE DEEMED INCIDENTAL TO THE TOTAL
PROJECT COST
29. THE CONTRACTOR SHALL REPLACE ALL PAVIIIIG. STABILIZING EARTH, DRIVEWAYS. SIDEWALKS. ETC. WITH THE SAI'IE TYPE OF MATERIAL THAT
WAS REMOVED DURING CONSTRUCTION OR AS DIRECTED SY THE CITY. THE CONTRACTOR SHALL REPAIR OR RESTORE ALL IMPACTED PAVEMENT
WITHIIII THE LIMITS OF CONSTRUCTION IN ACCORDAJJCE WITH APPLICABLE DETAILS ON THE MISCELLANEOUS DETAILS SHEET. TYPE OF
PAVEMENT REPAIR SHALL BE ACCORDING TO THE /ofIAMI-DADE CQUNTY PUBLIC WORKS DEPARTMENT.
30. WHERE NEW PAVEMENT MATCHES EXISTING PAVEMENT. THE TIE-IN SHALL BE /oIADE IN A NEAT, STRAIGHT SAW CUT JOINT.
31. EXISTING PAVEMENT It/ARKINGS AND STREET SIGNS SHALL BE fllfMEDIATELY RESTORED TO ORIGINAL CONDITION, PER THE MIAf.II_DADE COUNTY
PUBLIC WORKS DEPARTMENT DETAIL RIB.I AND R1B.2. ALL INTERSECTION PAVEMENT DISTURBED BY CONSTRUCTION SHALL BE PROPERLY
MARKED PER THE AFOREMENTIONED DETAILS. IF EXISTING MARKINGS WERE PRESENT PRIOR TO CONSTRUCTION.
32 EXCAVATION FOR TRENCH AND CURB: AS PER MIA/oII-DADE COUNry PUBLIC WORKS DEPARnIENT, SECTION 310.03
33 BACKFILLlIIIG: AS PER /oIIAMI-DADE COUNTY PUBLIC VlORKS DEPARnIENT, SECTION 40
34 PAVEMEIIIT RESTORATION: AS PER MIAM/_DADE COUNTY PUBLIC WORKS DEPAATMENT. SECTION 40.
SIGNING & PAVEMENT MARKING NOTES:
ALL SIGIJING AND PAVEMENT MARKINGS INSTALl.ED AS PART OF THESE PLANS SHALL CONFORM TO THE CURRENT EDITION OF THE FEDERAL
HIGHWAY ADI4INISTRATION (FHWA) MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES FOR STREET AND HIGHWAYS, FLORIDA DEPARTMENT OF
TRANSPORTATlOIII DESIGN STANDARDS (2009) UNLESS OTHERWISE NOTED. ALL SIGN PANELS SHALL BE FASRICATED TO COMPLY WITH THE
MOST RECENT EDITION OF THE FEDERAL HIGHWAY AND ADMINISTRATIO~ STANDARD HIGHWAY SIGNS.
2. MATCH EXISTING PAVEI>IENT I-IARKINGS AT THE BEGINIIIING AND THE END OF THE PROJECT AND AT ALL SIDE STREETS WITHOUT JOGS AND
OFFSErS.
3. SIGN ASSEMBLY LOCATIONS SHOWN ON PLANS WHICH ARE IN CONFLICT WITH LIGHTING, /JTIUTIES. DRIVEWAYS. WHEELCHAIR RAMPS. ETC. MAY
BE ADJUSTED SLIGHTLY AS DIRECTED BY THE ENGINEER. EXTREME LOCATION CHANGES MUST BE APPROVED BY THE CITY
4 INCORRECTLY PLACED THERMOPLASTIC OR PAINT MARKIIiGS OVER SURFACE WILL BE REMOVED BY MILLING AND REPLACING THE SURFACE A
MINIMUM WIDTH OF 18 INCHES AT THE CONTRACTOR'S EXPENSE. THE ENGIIIEER MAY APPROVI: AN ALTERNATIVE METHOD IF IT CAN BE
DEMOIIISTRATED TO COMPLETELY REMOVE THE MARKIIIGS WITHOUT DMMO/NG THE ASPHALT.
S. THE CONTRACTOR SHALL REWCATE ALL EXISTING POST-MOUNTED STREET NAME AND STOP SIGNS TO A VISIBLE AREA UNDISTURBED BY THE
CONSTRUCl"ION SO AS TO MIIJIMIZE DAMAGE TO THE SIGNS DURING CONSTRUCTION THE STREET IIAME SHALL SE REIITTACHED TO THE TOP OF
THE NEW STOP SIGNS 011 MINOR SIDE STREETS AT THE END OF CONSTRUCTION. THE NEW STOP SIGNS SHALL HAVE ADEOUATE LENGTH TO
ACCOMMODATE THE EXISTIIJG STREET NAMES AT THE TOP. COST OF RELOCATION AND REATTACHMENT OF SAID SIGN SHALL SE PAID FOR
UNDER PAY ITEM 102-1, MAINTENAIIICE OF TRAFFIC
20. THE COIlTRACTOR SHALL COORDIIIIATE WITH UTILITY COMPAPJIES TO ARRANGE RELOCATION AND/OR TEMPORARr SUPPORT OF UTILITY FEATUqEfir", .. , ·6 •• r.HE COIIITRACTOR SHALL SUBMIT II LIST Of THE EXISrllIG SIGNS TO THE PROJECT ENGINEER AT THE PRE-CONSTRUCTION CONFERENCE. ANY
ETC. AS NECESSARY TO COMPLETE THE WORK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERTICALLY AND HORIZOIIITALLY ~!Wll"ei':~: .. , .. LOST. OR DANIIGED SIGNS DURIIIG CONSTRUCl"ION SHAll BE REPLACED AT NO ADDITlOIIIAL COST. COST OF MAIIITAIIIIIIIG OF EXISTING SIGNS TO
,oliff AND ALL EXISTING UTILITIES AIID/OR STRUCTURES ON THIS PROJECT. ANY DAMAGE TO SUCH UTILITIES/STRUCTURES SHO\l(!'I' OR .. Nw' •• ' -' ".BE INnUDED IN ITEM 102_1, MAINTENANCE OF TRAFfiC.
~~Z~~ ~~S~~~:SLAT~E S:,~l(;T BiD 1~:!~b~T~t~~E;:~'::J~ ~~ ~~gEU;:;~~TJu~~IN%t~~~i~S: ~C:~:K:T s~~:~~'J~?::LA~°i!t/~ :~~~:f~;. :~~~.~ ': . '
CONTRACTOR
21. THE CONTRACTOR SHALL CONTACT THE ENGIIJEER IMMEDIATELY OF ANY CONFLICT ARISIIIIG DURING CONSTRUCTION FOR ANY
OESIGJlEI), ,,,.,"EO,
T'Y'LIN INTERNATIONAL
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CITY OF SOUTH M[AMI
COUNTY, FLORIDA
MANOR LANE TRAFFIC CALMING
IMPROVEMENTS
NOTES
S~EEr No.
2
ROADWAY
ROADWAY
PAY ITEM PAY ITEM DESCRIPTION UNIT PLAN
OUANTITY
/01-1 MOBILIZATION LS I
102-1 MAINTENANCE OF TRAFFIC L5 1
1/0-1 1 CLEARING AND GRUBBING (lncfudes removaf of asphalt pavement) LS 1
327-70-1 MILLING EXISTING ASPHALT PAVEMENT (0.5" AVERAGE) SY 1B
334 1-13 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C (] JOLBS/SY-IN) SY 18
SIGNING AND PAVING MARKING
SIGNING AND PAVEMENT MARKINGS
PAY ITEM PAY ITEM DESCRIPTION UNIT PLAN
QUANTITY
0700-20-11 SINGLE POST SIGN,FIXI LESS THAN 12 SF AS 4
071111123 12" SOLID TRAFFIC STRIPE (WHITE) LF /,456
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T'Y'LlN INTERNATIONAL : : ';~;'_" ~: .": !: It """ CITY OF SOUTH MIAMI , , O"""U, N PUPIl IMPROVEMENTS
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NOTES:
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CITY OF SOUTH MIAMI
MIAMI-DADE COUNTY, FLORIDA
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MANOR LANE
MANOR LANE TRAFFIC CALMING
IMPROVEMENTS
PLANS -MANOR LANE
" "
SHEET No
5
Thomas F. Pepe
02·23·15
Exhibit I
Attachment C
"Project Site Map & Speed Tables"
44
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Proposed Table, as shown on
Signed & Sealed Plans
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c=J Proposed Table, as described in the Memo
from the Engineer and attached within this
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49
1.0 I
A.
B.
Exhibit 2
Insurance & Indemnification Requirements
Insurance
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.
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; (I) 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.
1.02 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:
1.03 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. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
1.04 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;
1.05 Umbrella Commercial 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 andlor Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
Thomas F. Pepe
02.23·15 51
(I) 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.
1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. 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
1.07 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 SA below and
substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where
applicable.
1.08 Fire and Extended Coverage Insurance (Byilders' Risk), IF APPLICABLE:
1.09
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain. with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, 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 and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
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.
A.
Miscellaneous:
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.
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 as well as contractual liability provision covering the Contractors duty to indemnify
D.
the City as provided in this Agreement.
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 A.VII or better per A.M. 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 may be required by the CITY, at its sole discretion, to 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:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property
Thomas F. Pepe
02-23-15 52
damage' , or "personal and advertising injury" and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"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 ten (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."
E. If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns. or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above. which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sale. absolute and unfettered
discretion.
Indemnification Requirement
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
Thomas F. Pepe
02-23-15 53
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees. to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
Thomas F. Pepe
02·23.15
END OF SECTION
54
EXHIBIT 3
CONSTRUCTION
BID FORM
"Manor Lane Traffic Calming Project"
RFP #PW20 15-05
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
1_ If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this RFP Package and to perform and furnish all work as specified or
indicated in this RFP, including as set forth in Exhibit I (Scope of Services) for the Proposed Price as
set forth below. 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 Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the RFP package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this RFP, required insurance documents, and other documents required by the RFP, including the
Contract if not already submitted, 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. 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.
ii. 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.
iii. 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.
Thomas F. Pepe
02-23-15 55
iv. 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,
d. 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.
e. 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: __________ dollars and ______ .cents
Alternates: #1 ________ #2 _________ _
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 20 working days from the commencement date
set forth 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 may be set forth in the Contract.
6. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
Address:
Telephone:
Facsimile:
Contact Person
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.
8. By submitting this proposal. I. on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the RFP package and I agree to be bound by those terms. with any
appropriate blank boxes. if any. checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
Thomas F. Pepe
02-23-15 56
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing.
including e-mail confirmation, if any.
SUBMITTED THIS ___ DAYOF
PROPOSAL SUBMITTED BY:
Company
Name of Person Authorized to Submit Proposal
Signature
Title
Thomas F. Pepe
02.23·15
_________ 20_"
Telephone Number
Fax Number
Email Address
END OF SECTION
57
EXHIBIT 4
CONSTRUCTION CONTRACT
"Manor Lane Traffic Calming Project"
RFP #PW20 15-05
THIS CONTRACT was made and entered into on this day of ___ ---,,--_:-__ '
20 __ • by and between Coreland Construction Corp. (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 hereinafter referred to as the Work.
2. The Contract Documents shall include this Contract, 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 which 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: (Spell
Dollar Amount here) Twenty-four thousand, nine hundred seventy-four Dollars
($ 24.974.00---1. Lump Sum ("Contract Price").
5. The expenses of performing Work after regular working hours. and on Sunday and legal holidays
shall be included in the Contract Price. The City may demand. at any point in time, that any part,
or all, of the Work be performed after regular working hours. In such event, the Respondent
shall have no right to additional compensation for such work. 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 tihe 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.
Thomas F. Pepe
02-23-IS 58
8. The Work shall be completed in 20 working days. 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 $600.00
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 andlor 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 (5) 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. 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" and its effective date is the date that the
contract is the signed by the City 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 approving the Contract
whichever is the later date.
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.
Print CON~~~~ S~~:t~%~~ President
ArrESTED:
Signature: _________ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature: -,,-----:-_______ _
City Attorney
Thomas F. Pepe
02·23·15
----------------------
59
OWNER: CITY OF SOUTH MIAMI
Signature:
Steven Alexander
City Manager
ARTICLE I -DEFINITIONS
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
"Manor Lane Traffic Calming Project"
RFP #PW20 15-05
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.
ARRlication for Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments .
.B.i.Q; 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 Owner'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 Manager 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.
Work Order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item
pricing. where there are mUltiple locations, and the timeframe for completing the work.
CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, unless the
context wherein the word is used should more appropriately mean the City of South Miami.
Construction Observer: An authorized representative of the CONSULTANT, if any, or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. 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 Wori<.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the OWNER.
CONTRACTOR: The person, firm or corporation with whom the OWNER has executed the Contract.
CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
CITY's designated representative as identified in the Supplementary Conditions.
Thomas F. Pepe
02-23-15 60
~ 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.
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 Owner); 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, or if none, then by an architect or engineer hired by the City 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 102. A modification may only be issued after execution ofthe Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Non-conforming Work means work that does not conform to the Contract Documents and includes work that is
unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference
standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or
work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by CITY).
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.
Policy: The term "policy" as used in the Contract Documents shall mean the insurance binder, if it is issued, the
declaration page of the policy and the body of the policy, including all endorsements.
Bff; Request for Proposal.
Scope of Services .. This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise.
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
Thomas F. Pepe
02-23-15 "
--------------------------------
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 periorm labor at the site of the Work.
Sure!:)': The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor. services and materials used on the
project.
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion
of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm. or
corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing. any notice to or demand upon the OWNER under this Contract shall be delivered to the City
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 sale discretion and satisfaction of the City, to be
sufficiently responsible. qualified and financial able to perform the work. In analyzing a Bid. the CITY may
also take into consideration alternate and unit prices. if requested by the Bid forms. If the Contract is
awarded. the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Execution of COntract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond. the Certificates of
Insurance, the Binder of Insurance if issued, the Insurance Dedaration Page if not included in the Policy of
Insurance, the Policy of Insurance required by the Contract Documents, 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/Periormance and Payment Bond. if any are required by the applicable RFP:
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 OWNER the completion and performance of the Work covered in such Contract
as well as fuJI payment of all suppliers, material man, laborers. or Subcontractor employed
pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum.
2.3.3 Pursuant to the requirements of Section 255.05( I). Florida Statutes. CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County
and provide CITY with evidence of such recording.
Thomas F. Pepe
02-23-15 62
-._ ..•• ----._._---------
2.3.4 Each Bond must be executed by a surety company authorized to do business in the Scate of Florida
as a surety, having a resident agent in the Scate of Florida and having been in business with a record
of successful continuous operation for a least five (5) years.
2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or
better.
2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
Contractor's Pre-Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work. locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the perfonnance 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:
25 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 OWNER 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.
Qualifications of Subcontractors. Material men and Suppliers:
Thomas F. Pepe
02-23-15 63
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.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
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 ContrQ.ct Documents comprise the entire Contract
between the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in
Article I.
3.2 The ContrQ.ct Documents are complementaryj 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 Owner 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 the CONTRACTOR is prevented from complying with this provision due to 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 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.
Thomas F. Pepe
02-23-15 64
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) Change Orders
(b) Amendments/addenda to Contract
(c) Supplementary Conditions, if any
(d) Contract with all Exhibits thereto
(e) General Conditions
Written or figured dimensions
Scaled dimensions
Drawings of a larger scale
Drawings of a smaller scale
(I)
(g)
(h)
(i)
m Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availabili1;y of Lands:
4.1 The OWNER 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 OWNER, 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 tha~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 OWNER! 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 OWNER assumes no responsibility for any
Thomas F. Pepe
02-23-15
-------_ .. _-------
65
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER! CONSULTANT.
Differing Site Cgnditions:
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 Contractor shall comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the
site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and
all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to
the CONTRACTOR'S home office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times 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
originaJ 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 shalf 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.
Thomas F. Pepe
02-23-15 66
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Work. Materials. Equipment Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6. I 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.
6.6.6 Non-conforming Work: The Oty of South Miami may withhold acceptance of. or reject items
which are found upon examination, not to meet the specification reqUirements or conform to the
plans and draWings. Upon written notification of rejection, items shall be removed or un installed
within five (5) business days by the CONTRACTOR at his own expense and redelivered and/or
reinstalled 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
for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in
the CONTRACTOR being found in default.
6.6.7 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.
6.6.8 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.
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 OWNER 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
Thomas F. Pepe
02·23-'5
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of OWNER 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 OWNER.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades. Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that the
OWNER 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.
6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of the
terms of the subcontract, including the hiring and retention of employees for the performance of Work
that would discriminate against any person on the basis of race, color. creed, religion. national origin. sex,
age, sexual orientation. familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
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 OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims. damages, losses and expenses (including attorney's
fees) arising out of any infringement of such rights during or after the completion of the Work. and shall
defend all such claims in connection with any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties
materials. appliances. articles or systems prior to bidding. However, he shall not be responsible for such
determination on systems which do not involve purchase by them of materials, appliances and articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions. there will be no charges to the CONTRACTOR. The CITY shall assist the
CONTRACTOR. when necessary. in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
Electrical Power and lighting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
Thomas F. Pepe
02-23-15 68
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6.17 The CONTRACTOR shalf 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.
Discrimination:
6.17A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
against any person on the basis of race, color, creed. religion, national origin, sex, age, sexual orientation,
familial status or disability.
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. I 9. I All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or
off the site, and
6.19.3 Other property at the site or adjacent thereto. including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
Emergencies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR. without special instruction or authorization from the CONSULTANT or CITY. is
obligated to act, at his discretion. to prevent threatened damage, injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control entitles him to an increase in the Contract
Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles II and
12.
Shop Drawings and Samples:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six
(6) copies (or at the CONSULTANT option, one reproducible copy) olall 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
Thomas F. Pepe
02-23-15 69
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, ofany prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined andlor verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility
for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements of the Work and the Contract Documents.
6.26 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 atthe 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.
6.27 A The CONTRACTOR shall be liable to the OWNER 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 dean 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
OWNER, 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, Jawn 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 OWNER 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:
6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the reqUirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
Thomas F. Pepe
02-23-15 70
6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of
the Supplementary Conditions (Insurance and indemnification requirements).
6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of
any such claim or demand. CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and
all claims of liability and all suits and actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the
sale negligence of OWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission is the primary cause of injury or damage.
6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all
insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused
in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors,
sub-subcontractors. materialmen, or agents of any tier or their respective employees to the extent caused
by the negligence. recklessness, or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
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 OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement,
storm drainage structures, and other items which must be established by governmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently early
in the construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments. Public Utilities, Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
etc., including incidental structures connected therewith, that are encountered in the Work in order that
such items are properly shored, supported and protected. that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving poles, condUits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
eqUipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of
Thomas F. Pepe
02-23-15 71
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misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
Use Premises:
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
OWNER 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 spedfic 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:
6.38 Any existing surface or subsurface improvements. such as pavements, curbs. sidewalks, pipes or utilities,
footings, or structures (including portions thereof). trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
ARTICLE 7 -WORK BY OTHERS.
7.1 The CITY may perform additional Work 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 OWNER, 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 OWNER, 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 perlormance of additional Work by other contractors or the OWNER 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 OWNER 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
oontractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
Thomas F. Pepe
02-23-15 72
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 ofsuch 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.
7.10 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.
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 ofthe 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.S 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.
Cit;y's Representative'
9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articles 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 OWNER 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 OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and Intereretations:
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.
Thomas F. Pepe
02·23·15 73
Measurement of Ouantities:
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. AI/linear suriace 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 Qrders 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.S 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 ofthe CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 -CHANGES IN THE WORK.
10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change Orders.
Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such
Work shall be performed under the applicable conditions of the Contract Documents. If any authorized
written Change Order causes an increase or decrease in the Contract Price or an extension or
shortening of the Contract Time. an eqUitable adjustment will be made as provided in Article II or
Article 12. A written Change Order signed by the CITY 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 J 0.2.
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02-23-15 74
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10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE I I -CHANGE OF CONTRACT PRICE.
II. J 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. I SpeCifications (including drawings and designs);
I 1.2.2 Method or manner of performance of the Work.
11.2.3 CITY~fumished facilities, eqUipment, materials, services, or site; or
11.2.4 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.
I 1.4 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, itshall, within ten (10) calendar days after receipt of a written
Change Order. submit to the CITY and CONSULTANT a written notice including a statement setting
forth the general nature and monetary extent of such claim for eqUitable adjustment, time extension
requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to
those listed in section 11.7 and II.B.
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 finaf 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 J.7.J 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%. lithe 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:
11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the periormance 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 lull 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 shalf
Thomas F. Pepe
02-23-15 75
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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.
11.8.2 Cost of aU 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 OWNER deposits funds with CONTRACTOR
with which to make payments in which cases the cash discounts shall accrue to the OWNER. All
trade discounts, rebr;ttes and refunds. and all returns from sale of surplus materials and equipment
shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be
obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be
substituted for the word "CONTRACTOR".
11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof ~ all in accordance with terms of said
rental agreements. The rental of any such equipment. machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
11.8.5 Sales, use or similar taxes related to the Work. and for which CONTRACTOR is liable, imposed
by any governmental authority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone servic.e 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.
11.9.3 Any part of CONTRACTOP:S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph I 1.8.9).
11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph 11.8.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
Thomas F. Pepe
02-23-15 76
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11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
11.10.2 A mutually acceptable fixed percentage (not to exceed 15%).
I 1.11 The amount of credit to be allowed by CONTRACTOR to OWNER 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 II.S. 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. LlOUIDATED 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 OWNER, 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 indement weather.
except as provided in section J 2.7.
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 OWNER 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 OWNER for its
inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon
between the parties, recognizing the impossibility of precisely ascertaining the amount of damages
that will be sustained as a consequence of such delay, and both parties desiring to obviate any
question or dispute concerning the amount of said damages and the cost and effect of the failure
of CONTRACTOR to complete the Contract on time. The above~stated liquidated damages shall
apply separately to each phase of the Project for which a time for completion is given.
12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the
Work under this Contract.
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
fIVe (5) 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 p'eriod of delay.
12.7 Extensions to the Contract Time for delays caused by the effects of indement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnonnal 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 sale 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 OWNER 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
Thomas F. Pepe
02-23-15 77
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21st
day following the date of the event upon which the claim is based.
12.10 Dispute Resolution: 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 and the
CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE 13 -GUARANTEE.
J 3.1 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
(S) 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 dedare 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 Work 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 Ill.
13.3 CONTRACTOR shall act as agent, on a limited basis for the OWNER, at the CITY's option, 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.
13.4 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.
13.5 The CITY 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-conforming Work or failure to meet delivery
schedules may result in the Contract being found in default.
ARTICLE 14 -PAYMENTS AND COMPLETION.
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"purchase order", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a 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 daims 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.
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02·23·15 78
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which establishes the OWNER'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 OWNER, 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 OWNER, 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 OWNER 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 OWNER.
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 OWNER 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 CONSULTANT's approval ofany 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 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 OWNER free and clear of any liens.
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"] 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
Thomas F. Pepe
02-23-15 79
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held by the OWNER 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 OWNER 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 OWNER from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or repJacement.
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.S 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 OWNER, with the approval olthe 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 OWNER.
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 OWNER, 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 Owner. 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 OWNER's Finance department at (305) 663-6343 with any questions.
Acceptance of Final Payment as Release
14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the
OWNER 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 OWNER and others relating to or arising out of this Work. Any
payment, however, final or othel""Nise, 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 ompletion or Final Completion of the
Work as may be necessary in his opinion to protect the OW ER from loss if he determines, because of
subsequently discovered evidence or the results of subsequen inspection or tests, that:
Thomas F. Pepe
02-23-15 80
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.
14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5%
in the case of Final Completion.
14.13 If the CONSULTANT de-certifies any portion olthe Work that was certified ("Initial Certification") by
the CONSULTANT, the CONTRACTOR shall repay to the City of South Miami any money paid as a
result of said Initial Certification being issued which shall be paid only when the decertified work is re-
certified.
ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION,
15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of
not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the
CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
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 entided 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 OWNER. Such costs incurred by the OWNER 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
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section 15.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY
may. without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work
Thomas F. Pepe
02-23-15 91
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 periormed.
15.4A 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.
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 prompdy remove any part or all of its equipment
and supplies from the property of the OWNER. 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 OWNER shall not be liable for loss or damage
to such equipment or supplies. EqUipment and supplies shall not be construed to include such items for
which the CONTRACTOR has been paid in whole or in part
Contractor May Stop Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than
ninety (90) 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 OWNER 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, ifthe CONSULTANT has failed to act on an Application for Payment or the OWNER 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 Independent Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that ifthe CONSULTANT is an independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request. agrees to
provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard 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 OWNER. 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 Supplementary
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 OWNER 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 OWNER or the CONTRACTOR suffer injury or damage to its person or prope~ 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.
Thomas F. Pepe
02-23-15 82
ARTICLE 17 -WAIVER OF IURY TRIAL.
17.1 OWNER 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 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the OWNER 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 OWNER'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 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.070 I) while providing services on behalf of the OWNER and the CONTRACTOR. under such
conditions, shall 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; and (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.
19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall
have the rOlght to enforce this contract provision by specific performance and the person who violates this
provision shall be liable to OWNER for its costs of enforcing this provision, including attorney fees
incurred in all proceedings, whether administrative or civil court and in all appellate proceedings.
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.
Thomas F. Pepe
02·23·15 83
21. I 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 OWNER. 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.
ARTICLE 22 -ASSIGNMENT.
22. I The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
arising under the terms, conditions and provisions of this Contract without prior written consent of the
City Manager. The CITY will not unreasonably withhold andlor delay its consent to the aSSignment of the
CONTRACTOR's rights. The CITY may, in its sole and absolute discretion, refuse to allow the
CONTRACTOR to assign its duties, obligations and responsibilities. In any event, the CITY shall not
consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of
the Agreement by the assignee, the assignee meets all of the CITY's requirements to the CITY's sale
satisfaction and the assignee executes all of the Contract Documents that were required to be executed
by 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-,
CONTRACTOR'
Signat
Print Signatory's a
Title of Signata
onica Hernan ez
President
ATTESTED: OWNER: CITY OF SOUTH MIAMI
Signature: __________ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature: -::::--:-_______ _
City Attorney
Signature:
Steven Alexander
City Manager
END OF SECTION
Thomas F. Pepe
02·2)·15 84
EXHIBIT 7
FORM OF PERFORMANCE BOND
"Manor Lane Traffic Calming Project"
RFP #PW20 15-05
NOTE: Required as a Condition of Award and Prior to the Contractor Receiving a Notice to
Proceed_ Not Required with Submittal.
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
_-;-__ :-__________ ~. whose business address is and whose telephone
number is as Principal (hereinafter referred to as "Contractor"). and -, __ -,--,-___ -,-_:-__________ -=-,. whose business address is and
whose telephone number is _____ -:--:-_-" as Surety, are bound to the City of South Miami whose
business address is and whose telephone number is , [[and Miami-
Dade County whose business address is and whose telephone number is
___________ ...111, as Obligee, (hereinafter referred to as "City") in the amount of
::-_-;--:-.,-; __ -,-_.,-.,-;-, Dollars ($ ) for the payment whereof Contractor and
Surety bind themselves. their heirs. executors. administrators. successors and assigns. jointly and severally.
WHEREAS, Contractor has entered into a Contract, for the Manor Lane Traffic Calming Project,
awarded on the day of , 20 __ , under Contract Number by the
City for the construction of (brief description of the Work) in
accordance with drawings (plans) and speCifications prepared by . _which Contract is hereby
made a part hereof by reference. and is hereafter referred to as the "Contract";
effect.
THE CONDITION OF THIS BOND is that the Contractor:
I. Fully performs the Contract between the Contractor and the Manor Lane Traffic Calming
Project, within 20 working days after the date of Contract commencement as specified in the
Notice to Proceed and in the manner prescribed in the Contract; and
2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for
delay and other foreseeable consequential damages), expenses, costs and attorney's fees, including
attorney's fees incurred in appellate proceedings, mediation and arbitration. if any. that City sustains
because of default by Contractor under the Contract or caused by or arising out of any action or
proceeding to enforce the Contract or this Bond; and
3. Upon notification by the City, correct any and all patently defective or faulty Work or materials that
appear within one (I) year after the issuance of the Certificate of Occupancy, and correct any and all
latent defects that are discovered before the expiration of the third (3rd) year following the date of
the issuance of the Certificate of Occupancy: and
4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified
in the Contract.
If all of the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and
Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict
accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform
in the following manner:
Complete the Contract in accordance with the Contract's terms and conditions provided the City
makes available, as Work progresses, that portion of the Contract Price that has not already been paid
to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount
of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for
which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to
commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the
Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30)
days. either consecutive or in combination with separate occasions, the City shall have the option. in
the City's sole discretion. and without waiving its right to any other remedy or damages provided for
by this bond, to complete the Work with other forces and the Surety shall pay for the cost to
Thomas F. Pepe
02-23-15 86
complete the Work. The term "balance of the Contract Price" as used in this paragraph, shall mean
the total amount payable by City to Contractor under the Contract and any amendments thereto, less
the amount properly paid by the City to the Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the
City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's
obligation under this Bond.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several
seals on this day of , 20 __ , the name and the corporate seal of each
corporate party being hereto affixed and these presents being duly signed by its undersigned representative.
IN PRESENCE OF:
(IndiVidual, President, Managing Member or General Partner, etc.)
(BUSiness Address)
(City/State/Zip)
(Business Telephone)
OR
(Corporate Name)
ATTEST:
(President)
Secretary (BUSiness Address)
(City/State/Zip)
(Business Telephone)
IN THE PRESENCE OF: _______ INSURANCE COMPANY:
BY:, __________ ,(SEAL) (Agent
and Attorney-in-fact Signature)
(Business Address)
(City/State/Zip
(Business Telephone)
STATE OF FLORIDA
COUNTY OF MIAMI·DADE
On this, the day of , 20-, before me, the undersigned notary public of the State of
Florida. the foregOing performance bond was acknowledged by (Corporate Officer),
_________ -;:;-_-;-:-__ (TItle), of (Name of Corporation), a
___ -;-:-==::;-_:-, (State of Incorporation) corporation, on behalf of the corporation.
WITNESS my hand and official seal. ----:-:---::-cc::--:----;::;--:-;----
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE:
Personally known to me, or
Personal identification: __________ _
Type of Identification Produced
Did take an oath. or__ Did Not take an oath
(Name of Notary Public: Print, Stamp
or Type as commissioned.)
END OF SECTION.
Thomas F. Pepe
02·23-15 87
EXHIBIT 8
FORM OF PAYMENT BOND
UManor Lane Traffic Calming Project"
NOTE: Required as a Condition of Award and Prior to the Contractor Receiving a Notice to
Proceed. Not Required with Submittal.
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.0 I. et seq.. Florida Statutes. we.
--;--; ____ .,-_.,..... ________ --::-:-. whose business address is and whose
telephone number is ,as Principal, (hereinafter referred to as "Contractor"). and
_--.,. ____________ --=-_' whose business address is and whose telephone
number is • as Surety, are bound to the City of South Miami, whose business address is
,-.,..... ___ ,.,-_ and whose telephone number is • [[and Miami-Dade County whose
business address is and whose telephone number is
___________ -'l1as Obligee. (hereinafter referred to as "City") in the amount of
_.,-o __ .,-....,...,....._-,-_--.,.-:--:-,--Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves. their, heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS. Contractor has. by written agreement, entered into a Contract for the «PROJECT». Project
awarded on the day of .20 __ • under Contract Number for
the construction of (brief description of the Work) by the City in
accordance with drawings (plans) and specifications. if any. prepared by which Contract is
hereby made a part hereof by reference and is hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if the Contractor:
I. Promptly performs the construction work in the time and manner prescribed in the
Contract; and
2. Promptly makes payments to all claimants. as defined in Section 255.05. Florida Statutes.
supplying Contractor with labor. materials. or supplies. u·sed directly or indirectly by Contractor
in the prosecution of the work provided for in the Contract; and
3. Pays City all losses. damages. expenses, costs, and attorney's fees, including those incurred in
any appellate. mediation or arbitration proceedings. if any, that Owner sustains because of a
default by Contractor under the Contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this obligation shall be void; otherwise. it shall remain in full force
and effect.
Any action instituted by a claimant under this bond for payment must be in accordance with the notice
and time limitation provisions in Section 255.05(2). Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract shall not
affect the Surety's obligation under this Bond.
IN WITNESS WHEREOF. the above bonded parties have executed this instrument under their several
seals on this day of .20--, the name and the corporate seal of each
corporate party being hereto affixed and these presents being duly signed by its undersigned representative.
IN PRESENCE OF:
OR
ATTEST:
Thomas F. Pepe
02-23-15
(Individual. President, Managing Member or General Partner, etc.)
(BUSiness Address)
(City/State/Zip)
(BUSiness Telephone)
(Corporate Name)
aa
Secretary
IN THE PRESENCE OF:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
(President)
(Business Address)
(City/State/Zip)
(Business Telephone)
_______ INSURANCE COMPANY:
BY:._-----:-:-_----,---;----=:-_---.,._,(SEAL)
(Agent and Attorney-in-fact Signature)
(Business Address)
(City/State/Zip
(Business Telephone)
On this. the day of ,20-, before me, the undersigned notary public of the State of
Florida, the foregoing payment bond was acknowledged by (Corporate Officer),
_________ --::;-_-:-;-__ (Title). of (Name of Corporation). a
_________ (State of Incorporation) corporation, on behalf of the corporation.
WITNESS my hand and official seal. ______ --:-:-_--::--:-::---::_----,:-:::----:-:--
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE:
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
*Power of Attorney must be attached.
Thomas F. Pepe
02-23-15
(Name of Notary Public: Print. Stamp
or Type as commissioned.)
END OF SECTION
89
EXHIBIT 9
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL
PROCEDURE)
The following procedures shall be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for
proposals, requests for a letter of interest and requests for qualifications.
(a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who intends to contest or object to any bid
specifications or any bid solicitation shall file a written notice of intent to file a protest with the
City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of
intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if
hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of
receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who
perceives itself to be aggrieved in connection with the recommended award of a contract and who
wishes to protest the award, shall file a written notice of intent to file a protest with the City
Clerk's office within three calendar days after. A notice of intent to file a protest is considered
filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with
the City Clerk's receipt stamp containing the date and time of receipt.
(b) Contents of protest. A protest of the solicitation or award must be in writing ("Protest Letter")
and submitted to the City Clerk's office within five calendar days after the date of the filing of the
notice of protest. Protest Letter is considered filed when the Protest Letter and the required
filing fee are received by the City Clerk's office bye-mail or, if hand delivered, when stamped with
the City Clerk's receipt stamp containing the date and time of receipt. The Protest Letter shall
state with particularity the specific facts and law upon which the protest is based, it shall describe
and attach all pertinent documents and evidence relevant and material to the protest and it shall
be accompanied by any required filing. The basis for review of the protest shall be the documents
and other evidence described in and attached to the Protest Letter and no facts, grounds,
documentation, or other evidence not speCifically described in and attached to the Protest Letter
at the time of its filing shall be permitted or considered in support cif the protest.
(c) Computation of time. No time will be added to the above time limits for service by mail. 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 next day which is not a Saturday, Sunday, or legal
holiday.
(d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or
any formula used for assigning points in making an award determination, nor shall it challenge the
City'S determination of what is in the City's best interest which is one of the criteria for selecting
a bidder whose offer may not be the lowest bid price.
W Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney,
shall issue a written recommendation within ten calendar days after receipt of the written protest.
Said recommendation shall be sent to the City Manager with a copy sent to the protesting party.
The City Manager may then, submit a recommendation to the City Commission for approval or
disapproval of the protest, resolve the protest without submission to the City Commission, or
reject all proposals.
Thomas F. Pepe
02-23-15 90
(f) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed
pursuant to the requirements of this section, the City shall not proceed further with the
solicitation or with the award of the contract until the protest is resolved by the City Manager or
the City Commission as provided in subsection (f) above, unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without
delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect
substantial interests of the City or to prevent youth athletic teams from effectively missing a
playing season.
Thomas F. Pepe
02-23-15
END OF DOCUMENT
91