15THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
FROM:
DATE:
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
September 1, 2015 Agenda Item No.: I!
SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a contract
with Florida Sidewalk Solutions for Citywide Sidewalk Repairs.
BACKGROUND: In an effort to address public safety concerns, it is the City's intent to perform
sidewalk repairs in various locations to eliminate tripping hazards. These repairs will
be performed by sawcutting uplifted sidewalk flags. This consists of horizontally
cutting a flag that is raised, leaving an absolute zero point of differential between
the flags.
AMOUNT:
ACCOUNT:
There are several locations within the City of South Miami in need of sidewalk
repairs. An extensive inspection of sidewalks of uplifted sidewalk flags will
determine the location of repairs. Quantities will vary per location based on the
width of the Sidewalk, and the average of the differences in elevation per uplift.
This project is identified in the CIP Plan as Citywide Sidewalk Repairs within the
Adopted Budget
The City received two bids in response to a solicitation. Pursuant to review, it was
determined that Florida Sidewalk Solutions submitted a bid that was the most
comprehensive and cost effective in its construction approach.
Amount not to exceed $35,000
The expenditure shall be charged $35,000 to People's Transportation Plan Tax Fund
account number 124-1730-541-6490, which has a balance of $1,570,313, before this
request was made.
ATTACHMENTS: Resolution
Pre-Bid Signing Sheet
Demand Star
Bid Opening Report
Florida Sidewalk Solutions Bid with Contract
RFP Scope of Services
Contract Document Exhibits
Sample Contracts of other Municipalities:
-Town of Cutler Bay Contract
-Town of Miami Lakes Contract
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
RESOLUTION NO.: _____ _
A Resolution authorizing the City Manager to negotiate and enter into a contract with Florida
Sidewalk Solutions for Citywide Sidewalk Repairs
WHEREAS, the City wishes to enter into a contract with Florida Sidewalk Solutiolls ~"Citywide
Sidewalk Repairs •. '
• WHEREAS, the Mayor and City Commission wish to provide sidewalk sawcutting to repair uplift
conditions to several locations within the City, and
WHEREAS, pursuant to a competitive selection process in accordance with the City Charter, it
was determined that Florida Sidewalk Solutions submitted a bid that was the most comprehensive and
cost effective in its construction approach; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate
and enter into a contract with Florida Sidewalk Solutions for Citywide Sidewalk Repairs for a total
amount not to exceed $35,000.
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 price, terms and conditions and to
execute a contract with Florida Sidewalk Solutionsfor Citywide Sidewalk Repairs for an amount not to
exceed $35,000. A copy of the approved form of contract is attached and the City Manager may
negotiate a lower price and more advantageous terms and conditions if approved by the City Attorney.
Section 2: The expenditure shall be charged $35,000 to the People's Transportation Plan Tax
Fund 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.
ATIEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
Date:
RFP Title:
ITQ No.:
11
THE CITY OF PLEASANT LIVING
Pre-Bid Conference
Sign-In Sheet
August 3, 2015
Citywide Sidewalk Repairs
PW2015-22
C:IUserslskulick.CSMIlDocumentsISouth MiamilTempIatesIPre-Bid Meeting Sign-In Sheet.doc
Member Name
Bid Number
Bid Name
4 Document(s) found for this bid
7 Planholder(s) found.
Supplier Name
Barry Sims Inc.
CMDGroup
Construction Journat Ltd.
CORAMARCA, CORP
Joe Celestin Civil Engineer & General Builder
LLC
Kimley-Horn and Associates, Inc.
Roadway Construction, LLC
City of South Miami
RFP-RFP #PW-2015-22-0-2015/SK
Citywide Sidewalk Repairs
Address 1
3500 Darlington Street
30 Technology Parkway South, Suite 100
400 SW 7th Street
20431 SW, 1st STREET
396NW 159ST
1920 Wekiva Way
6750 North Andrews Aveune
City State Zip Phone Attributes
Almond WI 54904 7156120002
Norcross GA 30092 8009018687
Stuart FL 34994 8007855165
PEMBROKE PINES FL 33029 9545985946
MIAMI FL 33169 7862371504
West Palm Beach FL 33411 5618450665
Fort Lauderdale FL 33309 9542270025 1. Hispanic Owned
BID OPENING REPORT
Bids were opened on: Friday, August 14,2015 after: 3 :00 pm
For: RFP # PW 2015-22 Citywide Sidewalk Repairs
COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT:
.
1. FLORIDA SIDEWALKS SOLUTIONS"" ...................... .
2. SANCHEZ ARANGO ................. " ..... " ..................... .
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED.
City Clerk:-f:lil:~~>...!.~~n~,9....~ ___ _
Witness:_~--c-:O-=---L-1-""--'-_--'-__ _
Print Name
:rajl? tueb 'f he
Print Name ..
ignature
Witness:
Signature
I. General Requirements:
RFP EXHIBIT#I --,
SCOPE OF SERVICES
Citywide Sidewalk Repairs
RFP #PW-20 15-22
The work specified in this Request for Proposal (RFP) shall consists of furnishing all
goods, materials, supplies and services, including but not limited to all labor of
Contractor and all allowable subcontractors, disposal of materials, and cost of
machinery, too,ls, transportation, equipment rental and permits, to perform all of the
Work described below and which is necessary to provide a completed project that
meets all of the needs described in this Scope of Services. Permit fees are waived for
permits required to be issued by the City of South Miami. Permit fees from other
government entItIes, if required, shall be the responsibility of the
Respondent/Contractor however, in all cases; it is the responsibility of
Respond'ents/Contractors to sec;ure any and all permits that may be required for this
project.
II. Scope of Work:
The City is soliciting proposals from qualified companies to perform sidewalk repairs
within the City of South Miami. Approximately 500 individual locations (projects)
are in need of sidewalk repairs and it is anticipated, these locations will be addressed
by the successful Respondent to this RFP over the term of the agreement. The 500
individual locations (projects) is not a firm commitment and shall be used for
planning purposes only.
Projects and quantities will vary per location (project) based on the width of the
sidewalk, and the average of the differences in elevation per uplift. For quoting
purposes, and to determine the total amount of individual projects, the formula, in
this Section II. paragraph 13 below, will be used which results in a "price per
inch-foot."
I. Respondent must reduce all raised sidewalks that are from 1/4" and up to 2",
raised in designated work areas but if in excess of 2" the entire "flag" must be
replaced which shall be by separate contract.
2. Respondent must guarantee specified repair slope (1:8 based upon
requirements outlined by the Americans with Disabilities Act) is achieved. If
defined slope is not achieved, contractor must repair to specification at no
additional charge within 24 hours of discovery.
3. Respondent must guarantee that sidewalk sawcutting will have a uniform
appearance and texture.
4. Method of sidewalk sawcutting shall entail precise saw cutting performed with
diamond tipped blades, capable of cutting at any angle. Grinding or pulverization
of the concrete is NOT acceptable or allowed. Water-cooling is NOT allowed,
slurry created contaminates storm drains. Respondent's sidewalk saw cutting
Thomas F. Pepe
02-23-15
Page 32 of 73
may not leave ridges or grooves that could hold water and prevent drainage of
rain water or irrigation.
5. Respondent must cut both sides of a flag that is raised at both ends. leaving an
absolute zero point of differential between flags.
6. Respondent may not use any type of "fill" material that deteriorates or breaks
apart over time.
7. Respondent must not cause any damage to land, landscaping, retaining walls,
curbs, sprinkler heads, utility covers or other objects. If the contractor and/or
contractor's equipment does cause damage to above, the City must be notified
immediately and damages must be repaired at the contractor's expense within
24 hours of the time the damage occurred.
S. The Respondent shall take precautions during saw cutting operations not to
disfigure, scar, or impair the health of any tree on public or private property.
9. Respondent must completely and immediately clean up all debris after each
sidewalk is repaired. All costs incurred for disposal of waste material shall be
included in contractor's unit cost and not paid separately.
10. Respondent must sawcut all sidewalks without damage or visible markings to
adjacent slab(s) or curb(s).
I I. Respondent must submit an itemized summary of all raised sidewalk reductions
which includes:
a. The specific height -both high side and low side measurement -in Sths of
an inch
b. The calculated unit for measurement shall be the average depth of the
affected sidewalk multiplied by the width resulting in an "inch-foot" total
c. The total width of actual repair to the nearest 1/2 foot
d. The physical location (address) of each repair
e. Itemized cost for each saw cut sidewalk
12. Respondent shall submit a detailed invoice setting forth the Services performed
in accordance with the formula for saw cutting calculations.
13. Inch-feet shall be calculated by multiplying the average depth of the cut by the
width of the cut.
Example: If a raised sidewalk is cut I" on one side and tapered to 0" on the
other side of a full 4-foot width sidewalk, it shall be calculated as follows:
(I" + 0") 12 x 4' = 2 inch-feet
2 x _Price per Inch Foot_ = $ ___ _
14. All invoices must show the cut depth, size, length, width, address location and
inch-foot calculations.
15. Respondent must be able to initiate work within 10 days of contract award
from the City.
16. The Respondent shall schedule the operations so as to cause a minimum of
interruption, interference or disturbance to the operation of stores, businesses,
office bUildings, hotels, churches, etc., and allow access by pedestrians and
emergency, delivery and service vehicles at all times.
17. Sidewalk sawcut equipment and all other items incidental to the work shall not
be left or stored on the sidewalk or on private property while not in use.
Thomas F. Pepe
02-23-15
Page 33 of 73
18. If contractor is approached by the public with questions, the contractor shall
address their concerns in a professional and polite manner, and refer the public
to the Public Works Department.
19. Respondent must provide a safe work zone while performing work on
sidewalks (cones, signs, etc.) and it shall follow the FDOT Maintenance of
Traffic (MOT) standard details.
20. Respondent must provide proof that they are not infringing on any existing U.S.
Patents and show patent numbers for equipment specifically used and designed
for sawcutting on sidewalks.
Note:
i. Projects and quantities will vary per location based on the width of
the sidewalk, and the average of the differences in elevation per
uplift. For quoting purposes, and to determine the total amount of
the individual project, the formula, provided in paragraph 13 in
Section II of this Scope of Services above.
ii. Work activity is limited to the hours from 7:00 a.m. through 6:00
p.m., on weekdays from Monday through Friday.
III. Site Specifications and Location:
While there are approximately 500 individual locations within the City of South Miami,
locations are to be determined by the City during the project period. At that time, the City
will advise the awarded Respondent of identified areas within the City, of which the
Respondent will evaluate and provide the required information for the identified locations
as set forth in the "a) Site Locations Table."
After an award is made by the City, Respondent shall provide, upon project assignment, a
summary table as described below in, "a) Site Location Table."
a) Site Locations Table:
IV. Term of Agreement and Project Duration:
The term of the agreement and project duration is (I) one-year; expiring September 30,
2016. Projects and quantities will vary per location based on the width of the sidewalk,
and the average of the differences in elevation per uplift. For quoting purposes, and to
Thomas F. Pepe
02·23·15
Page 34 of 73
determine the total amount of the individual project, the formula, provided in paragraph
13 above in Section II of this Scope of Services shall be used.
V. Quotations:
Respondents shall quote a Price per Inch-Foot, refer to Exhibit 4 "Respondents Cost
and Technical Proposal and, the Respondent shall confirm compliance to the process
for providing the work, described in the Scope of Services.
VI. Warranty:
If equipment is being provided, the standard manufacturer's warranty information must
be provided in writing for all equipment being proposed, and labor, including installation
by an authorized dealer before final payment is made.
VII. Project Funding:
The project is funded through City of South Miami Capital Improvement Funds.
Thomas F. Pepe
02·23·15
END OF SECTION
Page 35 of 73
1.01
A.
B.
RFP 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 periormance 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 insu'rance 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
Thomas F. Pepe
02-23-15
Page 36 of 73
(e) Broad Form Property Damage
(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 e9ition 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 5.4 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 (Builders' Risk), IF APPLICABLE:
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.
1.09 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
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
the City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM 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:
Thomas F. Pepe
02-23-15
Page 37 of 73
"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
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 sole, 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 CI1Y, 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.
Thomas F. Pepe
02-23-15
Page 38 of 73
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.
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 sale 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
Page 39 of 73
RFP EXHIBIT 5
RESPONDENTS COST & TECHNICAL PROPOSAL
Citywide Sidewalk Repairs
RFP #PW-20 15-22
In accordance with EXHIBIT I, "Scope of Services" Respondents shall quote a price per Inch-
Foot and. by signing EXHIBIT 4 Bid Form. Respondent confirms compliance to the process
for providing the work. described in EXHIBIT I, "Scope of Services."
Inch-feet shall be calculated by multiplying the average depth of the cut by the width of the cut.
The Contract Price for the completed work is as follows and shall be firm through
the term of the agreement:
Price per Inch Foot = $ ________ _
SUBMITTED THIS ___ DAYOF _________ 20_.
PROPOSAL SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit Proposal Fax Number
Signature
Title
Thomas F. Pepe
02-23-15
Email Address
END OF SECTION
Page 45 of 73
RFP EXHIBIT 6
CONSTRUCTION CONTRACT
Citywide Sidewalk Repairs
RFP #PW-20 I 5-22
THIS CONTRACT was made and entered into on this day of ,20-, by
and between (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
h.,,) Dollars ($ .00_), 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 the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and
other costs incurred by the Contractor in connection with the construction of the Work have been paid in
full, and after compliance with the terms for payment provided for in the Contract Documents, final
payment on account of this Contract shall be made within sixty (60) calendar days after the completion by
the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner.
8. The Work shall be completed in TBD 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 $ TBD (upon Citywide Projects issued)
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.
Thomas F. Pepe
02·23·15
Page 46 of 73
9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond
("Bond") is required and if. at any time after the execution of this Contract and the Bond for its faithful
performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be
unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the
Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within five (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.
CONTRACTOR: ________________________ _
Signature: _______________ _
Print Signatory's Name: _______________ _
Title of Signatory: _______________ _
ATTESTED:
Signature: __________ __
Maria Menendez
City Clerk
Read and Approved as to Form, Language.
Legality. and Execution Thereof:
OWNER: CITY OF SOUTH MIAMI
Signature:
Steven Alexander
City Manager
Signature: -::::--,....,-_______ _
City Attorney
Thomas F. Pepe
02·23·15
Page 47 of 73
ARTICLE I -DEFINITIONS
RFP EXHIBIT 7
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
Citywide Sidewalk Repairs
RFP #PW-20 15-22
Whenever used in these General Conditions or in the other Contract Documents. the following terms shall have
the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to
this Article for the purpose of interpreting a word or group of words in that section of the Contract Document.
However, when the section of the Contract. where the word to be defined is used, does not specifically refers to
this Article to define the word or group of words, the definitions contained in this Article shall not apply unless
the word or group of words. in the context of it or their use in the Contract Document in question, is/are
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions. clarifications or correction.
Application for Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments.
Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other
terms for the Work to be performed.
Bidder: Any person. firm or corporation submitting a response to the 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 Work.
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
Page 48 of 73
Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it shall be presumed
to be a calendar day unless specifically designated as a business day.
Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers
commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
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.
Drawin!:,: 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
CONSULT ANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in wr.iting 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.
RFP: 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
Thomas F. Pepe
02-23-15
Page 49 of 73
·thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an item, but who does not perform labor at the site of the Work.
Surety; The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project.
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion
ofthe 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 sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may
also take into consideration alternate and unit prices. if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance. the 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
supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that
requires the Signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document.
Forfeiture of Bid Security/Performance and Payment Bond, if any are reguired 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 full payment of all suppliers. material man, laborers, or Subcontractor employed
pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum.
Thomas F. Pepe
02-23-15
Page SO of 73
2.3.3 Pursuant to the requirements of Section 255.05( I), Florida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County
and provide CITY with evidence of such recording.
2,3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety. having a resident agent in the State of Florida and having been in business with a record
of successful continuous operation for a least five (5) years.
2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or
better.
2.3.7 Failure ofthe 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 s'uch additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data with
the requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to
the date on which the Contract Time commences to run, except with the written consent of the CITY.
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither the 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.
Thomas F. Pepe
02-23-15
Page 5 I of 73
Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives, CONTRACTOR and its Superintendent.
Qualifications of Subcontractors. Material men and Suppliers:
2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and such other persons and organizations (including those who are to furnish principal items of materials
or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and
other persons and organizations must be submitted as specified in the Contract Documents. Within
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person,
or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall
constitute an acceptance of such 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 Contract 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 Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it
shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's
attention in writing. The various Contract Documents are complementary; in case of conflict, error or
discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to
the 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, shan 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
shan 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
Page 52 of 73
Thomas F. Pepe
02-23-15
other data published by regulating agencies or accepted organizations, including but not limited to
National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications,
ASTM Specifications, various institute specifications, and the like, it shall be understood that such
reference is to the latest edition including addenda in effect on the date of the Bid.
3.8 Brand names where used in the technical specifications. are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent", when used in
connection with brand names. shall be interpreted to mean a material or product that is similar and equal
in type. quality. size. capacity. composition, finish, color and other applicable characteristics to the material
or product specified by trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal", the CONTRACTOR shall use the brand, make and model specified). .
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.1 I 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)
(j) Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 The 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 that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal. handling and storage of materials, availability of labor. water, electric power. roads and
uncertainties of weather, river stages. tides. water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an inspection of the site,
Thomas F. Pepe
02-23-15
Page 53 of 73
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
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER! CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery. and before such conditions are
disturbed. notify the CITY in writing. of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and
4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions. and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of, or the time required for, performance of any part of the Work under this Contract, an
equitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by
the CITY. but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE 5 -INSURANCE 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
original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations,
shall be made available to the City at all times and it shall be delivered to the CITY upon
compleflon 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
Thomas F. Pepe
02-23-15
Page 54 of 73
are specified or approved, such materials shall be delivered to the site in their original packages or
containers with seals unbroken and labels intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as
otherwise provided in the Contract Documents.
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.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or pi.e~e 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 City 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 uninstalled
within five (5) business days by the CONTRACTOR at his own expense and redelivered andlor
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, tq obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violatlng 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
Thomas F. Pepe
02-23-15
Page 55 of 73
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
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.
6.1 I All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that the
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 fulfillment of the
terms of the subcontract, including the hiring and retention of employees for the periormance 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.
Thomas F. Pepe
02-23-IS
Page 56 of 73
Electrical Power and Lighting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship. for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations. and without such notice to the CONSUL ~ANT,
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:
6.17 A No action shall be taken by the Contractor with regard to the fulfillment of the terms of the Contract,
including the hiring and retention of employees for the petiormance 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:
6.19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or
off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees. shrubs. lawns, walks, pavements.
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
Emergencies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is
obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control entitles him to an increase in the Contract
Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles II and
12.
Shop Drawings and Samples:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six
(6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
Thomas F. Pepe
02-23-15
Page 57 of 73
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
dearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corrected copies of Shop
Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the '
CONSULTANT that the CONTRACTOR has either determined 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 CONSULTANTs review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27 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 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 surplus and discarded materials, excavated material
and rubbish as well as all other material and equipment that does not form a part of the Work, from the
property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by the 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
Thomas F. Pepe
02-23-15
Page 58 0173
Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
6.32 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
sole 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 <aJ 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
Thomas F. Pepe
02-23-15
Page 59 of 73
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
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 ofthe 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 specific areas on the site for storage, parking, etc. and the job site shall be
fenced to protect the job site and the general public.
6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
facilities.
Protection of Existing Property Improvements:
6.38 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
therefore which shall contain General Conditions similar to these. The CONTRACTOR shall afford the
other contractors who are parties to such direct contracts (or the 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.
Thomas F. Pepe
02·23·15
Page 60 of 73
7.4 If the performance 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
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of
the Work in order to prevent delay in the executio'n thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
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 of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of them under the Contract Documents.
8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possession of and use any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such taking possession and use shall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents.
ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION.
City's Representative:
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
Thomas F. Pepe
02-2]-15
Page 61 of 73
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 Interpretations'
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a·
written clarification and/or interpretation it shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of Quantities:
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. All linear surface measurements shall be made horizontally or vertically
as required by the item measured.
Rejecting Defective Work:
9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article I. It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections andlor testing shall be
approved in writing by the CITY. All corisequential cost of such inspections and testing, including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others,
the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work.
Shop Drawings. Change Orders and Payments'
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.25 through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc .•
see Article 14.
Decisions on Disagreements'
9.10 The CONSULTANT shall be the initial interpreter ofthe Construction Documents.
Limitations on Consultant's Responsibilities'
9.1 I The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 -CHANGES IN THE WORK.
10. I 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 I I 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
Thomas F. Pepe
02-23-IS
Page 62 of 73
the Change Order or in the request for a change order shall result in a waiver of any extension of time
due to the change in the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Field Order would entitles the
CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a
written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time. except in
the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE II -CHANGE OF CONTRACT PRICE.
I 1.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be at its expense without changing the Contract Price.
I 1.2 The CITY may. at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the Contract,
including but not limited to changes to or in:
11.2.1 Specifications (including drawings and designs);
I 1.2.2 Method or manner of performance of the Work.
I 1.2.3 CITY-furnished facilities, equipment, materials, services, or site; or
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, it shall, within ten (10) calendar days after receipt of a written
Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting
forth the general nature and monetary extent of such claim for equitable adjustment, time extension
requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to
those listed in section I 1.7 and 11.8.
I 1.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
I 1.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
I 1.7.1 By negotiated lump sum.
Thomas F. Pepe
02-23-15
Page 63 of 73
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
II.B The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade
County and shall include only the following items:
I 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
CITY and provided it was not in any way, whether in whole or in part the result of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due in whole or in part to Defective Work of the CONTRACTOR.
I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection therewith.
The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the
CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that
offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails
to timely notify the CITY of the discounts or if the OWNER deposits funds with CONTRACTOR
with which to make payments in which cases the cash discounts shall accrue to the OWNER. All
trade discounts, rebates 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.
I 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be
substituted for the word "CONTRACTOR".
I 1.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof -all in accordance with terms of said
rental agreements. The rental of any such equipment, machinery or parts shall cease when the·
use thereof is no longer necessary for the Work.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
I 1.8.7 The cost of utilities, fuel and sanitary facilities at the site.
I 1.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
I 1.8.9 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
Thomas F. Pepe
02·23·15
(
Page 64 of 73
whether at the site or in its principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in Subparagraph 11.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 11.8.9).
I 1.9.5 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 I 1.8.
I 1.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
I 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%).
I 1.1 I The amount of credit to be allowed by CONTRACTOR to 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 I 1.8. When both additions and credits are involved in anyone change, the net
shall be computed to include overhead and profit, identified separately, for both additions and credit,
provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not
performed.
ARTICLE 12 -TIME FOR COMPLETION. LIOUIDATED 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 inclement weather,
except as provided in section 12.7.
12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the 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 gen"eral 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.
Thomas F. Pepe
02·23·15
Page 65 0173
12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of
fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such
Drawings. Furthermore, there shall be no monetary compensation for such delay and the
CONTRACTOR's sole remedy shall be an extension of time for the period of delay.
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather is documented by records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to
delay unless the delay exceeds 6 months. whether indiVidually or cumulatively, and then the damages shall
be limited to increased cost of materials that were unanticipated and that would not have been incurred
but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an
extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such
resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contract Price or payment or compensation of any kind from 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
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st
day following the date of the event upon which the claim is based.
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.
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly, all materials and equipment furnished and Work performed for patent
Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in the
CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first
observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five
(5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of
Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed
defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to
correct such Defective Work within ten (10) calendar days after having received written notice of the
defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the
corrective work continuously and diligently and in accordance with the Contract Documents, applicable
law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or
in part and cause the Defective Work to be removed or corrected and to complete the 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 13.1.
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
Thomas F. Pepe
02-23·15
Page 66 of 73
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 ora
"purchase order", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month). the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stored at or near site,
the partial payment estimate shall also be accompanied by such supporting data. satisfactory to the CITY,
which establishes the 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 ~r
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 CONSULTANTs approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANTs 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
Thomas F. Pepe
02-23·15
Page 67 of 73
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:
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this Work and that all materials included in this request for payment and not yet
incorporated into the construction are now on the site or stored at an approved location, and payment
received from the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed work
or supplied materials".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same
amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by
written agreement between them and then a jOint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be
held by the 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 replacement,
14.6.2 the Work for which payment is requested cannot be verified,
14.6.3 claims of liens have been filed or received, or there is reasonable evidence indicating the probable
filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications,
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by the CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance the OWNER, with the approval of the CONSULTANT, may use any completed
or substantially completed portions of the Work provided such use does not interfere with the
CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions
of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sale
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 ofthe 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
Thomas F. Pepe
02-23-15
Page 68 of 73
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
14.1 I 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 otherwise, shall not release the CONTRACTOR or its sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the
Work as may be necessary in his opinion to protect the OWNER from loss if he determines, because of
subsequently discovered evidence or the results of subsequent inspection or tests, that:
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
14.12.4 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 of the 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 entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Thomas F. Pepe
02-23-15
Page 69 of 73
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
executed and accepted by the CITY as of the date of the termination. minus any deduction for damage or
Defective Work. No payment shall be made for profit for Work which has not been performed.
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 promptly 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, if the 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 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 ofthe 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.
Thomas F. Pepe
02·23-15
Page 70 of 73
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 property because of
any error, omission, or act of the other or of any of their employees or agents or others for whose acts
they are legally liable, claim shall be made in writing to the other party within twenty one (21) calendar
days of the first observance of such injury or damage.
ARTICLE 17 -WAIVER OF IURYTRIAL,
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 J VENUE J GOVERNING LAW.
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
IB.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.
IB.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.119.0701) 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
Thomas F. Pepe
02-23-15
Page 71 of 73
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 right 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.
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers, employees, or agents of the OWNER. Personnel policies, tax
responsibilities, social security and health insu'rance, 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.
22.1 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 sole
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: ________________________ _
Signature: _______________ _
Print Signatory's Name: _______________ _
Title of Signatory: _______________ _
ATTESTED:
Signature: ----:-:-c-:-:---,------
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature: -::;:---;-________ _
City Attorney
OWNER: CITY OF SOUTH MIAMI
Signature:
Steven Alexander
City Manager
Page 72 of 73
Thomas F. Pepe
02-23-15
RFP EXHIBIT 8
Supplementary Conditions
Citywide Sidewalk Repairs
RFP #PW-20 I 5-22
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
designated representative as identified in the Supplementary Conditions. The CONSULTANT's, if any,
and the City's Designated Representative's name, address, telephone number and facsimile number are as
follows:
Consultant: N/A
B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished one <I) sets of Contract
Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a
cost to the CONTRACTOR equal to the reproduction cost.
D. The Scope of Services is set forth in the RFP and in the document set forth in the attached EXHIBIT I.
E. Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and
in the document set forth in the attached EXHIBIT 2
F. The Work shall be completed in TBD days 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 have executed the Supplementary Conditions to
acknowledge their inclusion as part of the Contract on this __ day of , 20_,
CONTRACTOR: _____________ _
Signature: _______________ _
Print Signatory's Name: _______________ _
Title of Signatory: ______________ _
ATTESTED: OWNER: CITY OF SOUTH MIAMI
Signature: -:-:--:-:-:-_-:-____ _
Maria Menendez
Signature: --::-__ -:-:-_----: _____ _
Steven Alexander
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature: ___________ _
Thomas F. Pepe
02·23-15
END OF DOCUMENT
Page 73 of 73
City Manager
I. General Requirements:
EXHIBIT#I
SCOPE OF SERVICES
Citywide Sidewalk Repairs
RFP #PW-20 15-22
The work specified in this Request for Proposal (RFP) shall consists of furnishing all
goods, materials, supplies and services, including but not limited to all labor of
Contractor and all allowable subcontractors, disposal of materials, and cost of
machinery, tools, transportation, equipment rental and permits, to perform all of the
Work described below and which is necessary to provide a completed project that
meets all of the needs described in this Scope of Services. Permit fees are waived for
permits required to be issued by the City of South Miami. Permit fees from other
government entities, if required, shall be the responsibility of the
Respondent/Contractor however, in all cases; it is the responsibility of
Respondents/Contractors to secure any and all permits that may be required for this
project.
II. Scope of Work:
The City is soliciting proposals from qualified companies to perform sidewalk repairs
within the City of South Miami. Approximately 500 individual locations (projects)
are in need of sidewalk repairs and'it is anticipated, these locations will be addressed
by the successful Respondent to this RFP over the term of the agreement. The 500
individual locations (projects) is not a firm commitment and shall be used for
planning purposes only.
Projects and quantities will vary per location (project) based on the width of the
sidewalk, and the average of the differences in elevation per uplift. For quoting
purposes, and to determine the total amount of individual projects, the formula, in
this Section II. paragraph 13 below, will be used which results in a "price per
inch-foot. "
I. Respondent must reduce all raised sidewalks that are from 1/4" and up to 2"
raised in designated work areas but if in excess of 2" the entire "flag" must be
replaced which shall be by separate contract.
2. Respondent must guarantee specified repair slope (I :8 based upon
requirements outlined by the Americans with Disabilities Act) is achieved. If
defined slope is not achieved, contractor must repair to specification at no
additional charge within 24 hours of discovery.
3. Respondent must guarantee that sidewalk sawcutting will have a uniform
appearance and texture.
4. Method of sidewalk sawcutting shall entail precise saw cutting performed with
diamond tipped blades, capable of cutting at any angle. Grinding or pulverization
of the concrete is NOT acceptable or allowed. Water-cooling is NOT allowed,
slurry created contaminates storm drains. Respondent's sidewalk saw cutting
Thomas F. Pepe
02·23-15
Page 32 of 73
may not leave ridges or grooves that could hold water and prevent drainage of
rain water or irrigation.
5. Respondent must cut both sides of a flag that is raised at both ends. leaving an
absolute zero point of differential between flags.
6. Respondent may not use any type of "fill" material that deteriorates or breaks
apart over time.
7. Respondent must not cause any damage to land, landscaping, retaining walls,
curbs, sprinkler heads, utility covers or other objects. If the contractor andlor
contractor's equipment does cause damage to above, the City must be notified
immediately and damages must be repaired at the contractor's expense within
24 hours of the time the damage occurred.
S. The Respondent shall take precautions during saw cutting operations not to
disfigure, scar, or impair the health of any tree on public or private property.
9. Respondent must completely and immediately clean up all debris after each
sidewalk is repaired. All costs incurred for disposal of waste material shall be
included in contractor's unit cost and not paid separately.
10. Respondent must sawcut all sidewalks without damage or visible markings to
adjacent slab(s) or curb(s).
II. Respondent must submit an itemized summary of all raised sidewalk reductions
which includes:
a. The specific height -both high side and low side measurement -in Sths of
an inch
b. The calculated unit for measurement shall be the average depth of the
affected sidewalk mUltiplied by the width resulting in an "inch-foot" total
c. The total width of actual repair to the nearest 1/2 foot
d. The physical location (address) of each repair
e. Itemized cost for each saw cut sidewalk
12. Respondent shall submit a detailed invoice setting forth the Services performed
in accordance with the formula for saw cutting calculations.
13. Inch-feet shall be calculated by multiplying the average depth of the cut by the
width of the cut.
Example: If a raised sidewalk is cut I" on one side and tapered to 0" on the
other side of a full 4-foot width sidewalk, it shall be calculated as follows:
(I" + 0") 12 x 4' = 2 inch-feet
2 x _Price per Inch Foot_ = $ ___ _
14. All invoices must show the cut depth, size, length, width, address location and
inch-foot calculations.
15. Respondent must be able to initiate work within 10 days of contract award
from the City.
16. The Respondent shall schedule the operations so as to cause a minimum of
interruption, interference or disturbance to the operation of stores, businesses,
office buildings, hotels, churches, etc., and allow access by pedestrians and
emergency, delivery and service vehicles at all times.
17. Sidewalk sawcut equipment and all other items incidental to the work shall not
be left or stored on the sidewalk or on private property while not in use.
Page 33 of 73
Thomas F. Pepe
02-23·15
18: If contractor is approached by the public with questions, the contractor shall
address their concerns in a professional and polite manner, and refer the public
to the Public Works Department.
19. Respondent must provide a safe work zone while performing work on
sidewalks (cones, signs, etc.) and it shall follow the FOOT Maintenance of
T rafflc (MOT) standard details.
20. Respondent must provide proof that they are not infringing on any existing U.S.
Patents and show patent numbers for equipment specifically used and designed
for sawcutting on sidewalks.
Note:
i. Projects and quantities will vary per location based on the width of
the sidewalk, and the average of the differences in elevation per
uplift. For quoting purposes, and to determine the total amount of
the individual project, the formula, provided in paragraph 13 in
Section II ofthis Scope of Services above.
ii. Work activity is limited to the hours from 7:00 a.m. through 6:00
p.m., on weekdays from Monday through Friday.
III. Site Specifications and Location:
While there are approximately 500 individual locations within the City of South Miami,
locations are to be determined by the City during the project period. At that time, the City
will advise the awarded Respondent of identified areas within the City, of which the
Respondent will evaluate and provide the required information for the identified locations
as set forth in the "a) Site Locations Table."
After an award is made by the City, Respondent shall provide, upon project assignment, a
summary table as described below in, "a) Site Location Table."
a) Site Locations Table:
IV. Term of Agreement and Project Duration:
The term of the agreement and project duration is (I) one-year; expiring September 30,
2016. Projects and quantities will vary per location based on the width of the sidewalk,
and the average of the differences in elevation per uplift. For quoting purposes, and to
Thomas F. Pepe
02-23-15
Page 34 of 73
determine the total amount of the individual project, the formula, provided in paragraph
13 above in Section II of this Scope of Services shall be used.
V. Quotations:
Respondents shall quote a Price per Inch-Foot, refer to Exhibit 4 "Respondents Cost
and Technical Proposal and, the Respondent shall confirm compliance to the process
for providing the work, described in the Scope of Services.
VI. Warranty:
If equipment is being provided, the standard manufacturer's warranty information must
be provided in writing for all equipment being proposed, and labor, including installation
by an authorized dealer before final payment is made.
VII. Project Funding:
The project is funded through City of South Miami Capital Improvement Funds.
Thomas F. Pepe
02-23-15
END OF SECTION
Page 35 of 73
1.01
A.
EXHIBIT 2
Insul'<lnc,e&lndemnific<ltionRequiremellts
Insurance
WltbDU~ limlting)ts liability, the contractor. consultant or 'consulting firm (h~telnafter referre~ ~p as
"FIRM" With regard tOlnsliran¢e atlcllndemnilication . requireMents)sfJall b"requlreclto prp¢!lre and
maintain au~, OWn eXpense during the life of the Contract, insuranceqf th", types and in th" minimum
ampuntsstilte.d belQw as will prptect the FIRM, from c.laims WbichllJliY J(ri.¢.dut of or tllsulifrpm the
ton.tr:ict Qrt~" performance oHh.econtract with the CltyofSOllCh M1a\lii, wn~hersuchdaim is against
the FIRM.or any sub-contractor, or by anyone dir~ctly orihclire¢tly employed by any pf tbem .pr by
anYPne for whose acts any phhem maY be liable.
B. No insuranee required by the CITY $hall be 'ssu,edor wr'l(tenby • surplus lines carrier unless. authorited
inwr'iting by the CITY and such authoriZllcion :sball be at the OI!'Y's sole and .absolute discretion. 'fhe
FIRM shallptltch,s<)in~~rahC\lfrom Md sh.IIIl).i~tai.h ~h~ in,urance WIth la company or companies
lawfully authorized to seUinSl!rapce i~ the5tate·ofFlorida,onfor":!sapproved by the State pf Florida,.$
will. proteI;): th!!FJI\M,at a minimum; fram:all diairnsas set forth below which may ,ri.eout of or result
from the .fII\M~~ pp~ratiQlIsundet' the COntract and}or whiCh the FIRM may bele~lIy lilIble"Wl)etlref
s.ucli opera~ons 'b" ~ytheFIRM or by a Subcontractor or by anyone,dire<lt1r orindir\!.ctIYEjmp!oyed by
anyofthliln, qrbl' aQY<lneJor whose acts any of them may be liable: .~a) claims under workers'
comp~n~a.tion; disabm~benellt and othersimllar employee benefit acts;:vvlricl) ~r.eapplic;i!ll~ to Ihe Work
to be l'etfprmed:(b) claims for damagesbec.useofbpdilyloi(Jry,o~cupatiOnalsickl)e$S a.f d,is"llse.or
d.eath oftb'lFII\M's!!mployees; (e) claims for damagesbeeause.ofbodilyinjury,sickrtess ordiseas~ Or
death ahoy! personoth~r than tbeFIRM!s e"1ployees: (d) claims for damage$ .in,uredbyosualpersohal
injury liability COver~e: (el claims for damages, o.ther than to. the Work itself.because<!fi,~jijry ~o. or
destruction of tangible property, inciudingIG$sof"SElte$ultii!~tbl\lre from; (f) clalmsflijr damage, becajjse
of bodilyini~ry,deathofa person or proPerty<l~magearisil1g01!~9f ownership, m!ii)1~el1.anc!lot use ofa
motorvehide; ,~) claims for bOdilY, injuryqr property damagea!'isingc!\J,t(ir<Gmpl~ted op.erati.ons; and
(h) claims invo!vingc:ontractualliabillty insuranceilppli¢ableto tbe FIRM~ obligations under the Contract
1.02 . .Firm's Insurance Genl!"illly,'fhe FIRMshall pr(lvic:leandm~!h~injnforceand .effect until ali the Work to
be perfOrmed under thi,'Contract has been complet(!d and ~t¢epted by CITY (or for such duration as is otherwise
speCified hereinllftE!~); thi!il1s.urance covE)rage,wri~en on i'lorida approved forms. and as .S.et forth bela.w,
1.03 WorkE!rs' Compea$~tiGn Ins~rance at the statutory amount as tel all employees in compliance With the
'Wo~l<;ets.'C::ornp~nsation Law" ofthe State Of Fl.orida in<;luding Chapter 440, Florida Statutes, liS presently written
orhereafteramended,and all applicable federallaws,lnaddifion, ithe poUcy (i!ls}.must Include: Empl",),er'S' Liabllio/
~(the sta~utory cov!'r~ '~mount. 'fhe FIRM shall further lnsuretbatall oflts.:Subcontractor'S maintain~l'propriat~
levels o.fWtl.rker's Oompensation Insurance.
1.04 Commercial Compreh~nsi\ie General liabilitY insurance with broad formendo.fsement,as WeU·.s
automobill'lialiility, completed operations and productsliabill~ •. contractualliability,severability Qf interest With
cross liabili~ proviSIOI\.and personal injury and property damagl! liability wi~h limits of $I,POO,OOO cOl)lbinedsingle
limit per o.ccurrence and $2,OOO,OOOaggr!!ga~ including:
• Personal Injury:$I,aO!l:POOr .
• Medicallns\ll'an~e: $S'poQ perpersoli;.
"I'rpperty Dli\liage:$500.00Qeach occurrence:
1.05 Umbrella Commercial COnJprehenshieGeneral LiabilitY ills.~rance shall bl' Written on. a Flot'ic!a ~pprove<i
form With the ,arne coverage .. as .the primary illsuranc.;:po!iq bUt in the amount <>f $ r ;000.000 penlaimand
$1,000,000 Annual ~regate .. CoYerage m~St be afforded oi, a form no mpre re.strictive.'than the I.atestedltlon of
the ComprehensiVe General Liability policy, withqut restrictive endorsements. as fiJedby th .. Insurance SerVices
Office, aildmust indude; ,.
(al Premise. and Operation
(b) independent Cpner.ciors
(c) Products andlo.r'Completed Operations Hazard
(d) Explosion, .c.ollap'se and Undergmund Hazard Coverage
ThOln"F.P.~e
oi,:!:I,j~
Page 36. 003
(e)Bro~d Form Property Datnage
(0 Broad Form Contractual Coverage applica!>le to this speCific Contrac:t, ih~luding any holi! harmless
andlor indemnification agreement.
(g) Personal Injury 'Cov~rage with .Etnploy~an~ Contractual. ElcdUs[orisremov¢d, with nifnimutnlimits of
coverage equal tothose reg~inedfor BQdily Injury L.iabilityand PJ:pperQ' Damage Liability;
1.06 Business Automobile liability witil minimum litnits of One Million Dolf.rs ($1 ~0l10.000.00)plusan
additional OneiMiliion Dollar ($I.OOO,OO().PO)utnbrefia per occurrenceccombined single limit for Bodily Injury
Liability and Prpperty Damage Liability.l/mbrella coverage must be afforded .on a form no more restri.ctiVe than
the lat!"st editron ohhe lluslne$sAutomQbile Liability poli9. without restri.ctive endorsements. as flied bywith the
state of Florida. and must includ.e:
<a) Owned Vehicles.
(bj HirE!d and Non-OwnedYehicies
(c) Employers' Non-Ownership
1.D7 SUBCQNTMCTS' The FIRM agrees that if any part of the Work un\fer the Contract is sublet, the
sub~ontract shallcon~"'the same insurance provision as set forth in sei;tion./i.1 above and 5.4 belowahd
substituting the word Subcontractor for the word FIRM and SiJbst~uting the wQrd FIP.M for CI.TY where
applicable.
1.08 Fire and Extend~d Cove"iS!' Insurance (Builders' Risk). IF APPLICABLE:
A. In the !>y"ntdrlt. dii.s.cQ~tractitjyqlye. th" coostructli:>n or. strl1l:W!,e, the .CONIRACTQRsnall
maintain, wi.th an INutance CQmpanyor.rns~tan¢eCompanies ac<::~pta&l" to.theCITY. "Broad" forni(AII
Risk InsuranC¢ On buildin~ an~ Struct~re". inciudingVandalism &JI1':lIciousMisChief coverage. W!>ileJnthe
course ofconstriJc:tion.includingfo~ndations. additions. attachments and . ~II p:en:nanent fixtures belonging
tOal'!;J cOn5tiMinga partofsa!d buildings Or $triJ(:tq~es. The poncyor pQ(icies ,shall also COyer
machinery, ift~e c!1stof machinery is in.C!uded Jljthi! CQ)ltra<;t. or if th"machinery i.s located in a building
that is being renovated. b)'reason ·ofthiscontra.ct. The amount of .insurancl! must. at .011 time .•• be at least
equal to the replacement and. actual ,ashvalul! of the Insured prQperty. The polky shall be in the name of
the CITY and the CONTRACTOR.a5thelr Interest may appear, .and shall als.ocover the Interests of all
Subcontractors performing Work
B.AII oIthe provisions set .forth 'in Section.5A herein below shall apply to this coverage unless it would be
clearly not applicable.
1.09 Miscellaneous:
A If any notice of cancellation. of insurance or change in coverage i~issued by the insurance company or
should any insurance have an .el<piration date that will occurduring.the periodofthis contra:c:t,the FIRM
shall be responsible for securing othaneceptable insurance prior to such cancellation. change, or
expiration so. a~to ,proville continuous coven'lle as 'speclffedinthis section and so as to maintain
coverage during· the life of this Corjtract.
B. All dedllctibie$ muSt be <;Ieclared brtbe ~iRM.andmust be approyedby tile CITY. At the OPtion of the
CITY; either theJIRM shall eliminate or reduce such deductible or the FIRM sball procure a Bond, .Ina
formsatist\lctory .to the.CiTY coveriO!j:the same.
C The PQllcies sban contain walverotsubrogation. against,.CITY wbe~eappllcabl!!.shall eXpressly provi~e
that such poli9 or poliCies are primary o.ver any other collectible insurance that CITY may I)ave. The
CITYreserves the right at any eime to request a copy i!hhe requiretl pol.i.cies for review. AU policies
shall contain a "severability of interest" or"cross!iability" dause without oblig~tlon for prel't\i~h1
payment 01 the CITY as well nco.ntractualliability provisiOn. cQVering the Contractors duty 10 indemnify .
the <;ityasprovided In this Agreement.
D.lletore startingth!! WQrk. the FIRM shall deliver to the.CITY and CONSULTANT certificates of such
i~sU~ance.· acc!!pta~'e.t9 thE! CITY. as; well as ,the lnsutante binder; if one is issued, the Insurance. policy,
including the decl~""tion pageaMdaliappllpable endorsements and provide.!he name, address and
telephohe()Uii1ber <ilf the ",suranee !!gent Qr broker' through whom thepoli9 was obtained. The insurer
shaUlle rated AVllorbetter per AM. I!est~s Key Rating GUide. latest edition and authorized to issue
inSUrance in the State of Flbrida. All insurance polfcies must be written on iorms approved by the State
Ql Florida and tbe)"h1llst remain i.full force and. effect for the duration ohhe· contract period with the
CITY. The FIRM. may be req\!ired by the CITY. at ieuole discretion. to provide • "certified copy" olthe
Poliq <as defined in Article I of this document) WhiCh shallinclud/lthe declaration page and all reqUired
endorsements" In addition. the FIRM .halldeliver, at tile time bf delivery oft!!e h"orance certificate,. the
following endorsements:
(I) a poli9 provisionor'an entlorsement wimsubstallti~lItsl.l11i1ar provisionsa. follows:
'Th~tn ... F. P~pe
02-23,(5
Page 3,7 of 73
"Th~ City c>fSou~h Miami is an additional insured. The in.urennall panllsums thattl"!e City of
Sputh Miami becomes legaqy obligated to pay as damages' because ~f 'bpdiiy injUry",'property
d~m<!&¢,pr "personal and advertising injury" and itwi'l provide to the City all pf th~ COVElragE!
that is. typically provided under thestandardFIc>ricla ~pprpv,ed fQr,(nsifor cori)m!i"~ialgerier.1
liability cQverage Aandcoverage B";.
(~) a policy provision or .an endorsernentwith slJbsta~tia\l)'5imUar pr~visions as follows:
"This policy shall. not be cancelled (ii1~llJding canc!\liath,lI for )lQn·paymentof premium).
terminated or rnateriallymodified'wltlfout flr.$Pgi1/ing, the City o{South Miami ten (I 0) days
advanced written nQtic ... Qf the. incent til materially rnodify .the pplicy Qr tQ .cancel or terminate
the p.olicy for any reaSlln. The nc>ti(.tatiOri shail be delivered to the City by certified mail, with
"roof of delivery to the. City/'
E. Ift~e FIRM isprc>\lidingj:il"Qfessional,e!'liicesi s.uch as would be provided by arnr¢hitect. ¢ngiheer;
attorney, c>r a(i¢Quntant,to narne a few, then In such event and In addition to th.e above l"equir.ernen~s, '
'the FIRM $11.11 al,(> provide Professional Liability Insurance Qn a Florida app~oyedfPrm iothe al11o~nt of
$I,OQO,OOOwithdelluctible per'claim it any, O.otto exceed. 5% of the' limit .pf [iabilityptOyldlng for ali
sums wOi!:hthe FIRM sh.1I become legally obligated to pay as dam~esfor daims arising aile QfthEo
'!!rvk:es or work performed by the FIRM its a~ents,repreSehtatives, SubContractors or assigns, orb}'
any persQn emplQyed .or retained by him in connec:tlon ..... ittl' this Agreement. This insurance shaUbe
ma/ntainedfur fQuryears after com~letiQn of theconstr4tti()n and acceptance of any Project cQyered by'
this Agreement. However, the FIRM rnaY purchase Specific prQjectPr"fElsSional Liall\l)ty hjsuranCEo, in tOe
arnount and under thElterm. speCified above, Whi.ch .is alsoaccepcable. No insurance shall ~e issued by a
surplus linescorr!er unless authQdzed;" writing l1y the city at th.ecity', solei' al>sQluteandunfEottered
discreti6n~
Illd~rnnificatiQI'l Iteq ... ir~ment
A."heContr~~pr a~~llpts and voluntarily incurs alfrisks of any [njuries,darnages,or harrn wt1ich might
afi$<!9uring th~ work or event that Is occurring on the CITY's property due to the negligence or othedault ofthe
Contractor o.r.anyoneacting through or on behalf 'Of the Contractor.
S. th.e Contractor shall indemnify, defend, say.e and hold CITY, its officers, affiliates. ernployees,
successors and assigns, harmle •• from~nyandall darnage~, .claims, liability" losses, c1airns, den)anos, suits, tln~s,
judgments 'Or cost and expenses, induellng reasQnable "ttOrney's fees, p"ralegal (ees and inv~~tlve ¢pst$
incidental. there to and incurr.ed prlllr ~, during or foUoWlng~ny Iitig.iiQn, rned,ia!hm, arbitration and at all
'ppellatelevels,which maY be$ufl"ered by, or:, accr~el;( '.<!&ai;'s1i.';harge~ tQer recovera~le from tne City Qf $puth
Miami,itsofficers,affililltes,emplQyees, s~cces.ors .and assigns,~y reason of any ca(Js~of.cti~ns Ill" claim of any
kind C!C' nature, Inclu!!inttlaims {br Injury tQ,or death Qf any person or per~Qns am' fur tile lass or damage .~ any
Property 'arisi!!g ,out of a ,negligent error, Qn)ission, misconduct, oranygrossnegligence,intentiQnal act Qr hal'l11M
conduct 9f theContrac¢Qr,. its q:intractorlsubcQnttactQr ,or :mYQftheirc>ffleers, dlreC~9rs,ag~nis,represen1:ativesj
emplQyees, .or ~sSigns, Qranyone attingih,"pugh or onbe~al(pf any Qfthemj arising out of this Agree.mellt,
incid.ent to it. or resulting from the performance or non.performance of the Contractor's obligations .under;this
AQREEMENt.
C.The Contractor s,hall pay all dalms, losses and IlXp.enses of any kind or natu.ewhatsoever, in
CQnnection therewith, inciudiogthellXpense or loss of the CITY and/or its affected officers, affiliiltes. employees.
successors and assigns, Includingthei. attorney's. fees, in the defense of any ·actlon in law or equity brought against
them and arisinll frQrn the.negligent error, omission, or ~ct ofthe Contractor, its Sub·Contractonor anyoftheir
agents,representatives,. employees, ,or assi~s, andlor arising. oUt of, or incident to, this Agreement, or incident to
or resulting fromthepemormance or n~1O.perforrnance ohhe 'Contractor's. obligations under this AQREEMENT.
D, The Contractc>r agrees and recognizes that neither thl;! CITY nor its officers, affiliates, employees,
successors and assigns shal.lbe held liable or (esponSiple for any claims, includi~g the COs!" and .expense. 01
defending "uch claim.s whiCh 'I)l~y result frorn .01' arise out ohcti.9n.s Qr' oml"sions ofthe Contractor, ItS
contraclotlsubcontractQr or anYQf their agents, representatives, erilployees,. or assigns, Qr aoyoneaccing through
Qr on behalf of th.e them,. and aN'lngout of or cQMernlng the work or ev.ent tbat is occurring on the CITY's
,property. In reviliiwiqg,approving or rejecting any subrnisslonSot acts ",fthe Con~ractor. CITY in no way a~surnes
or' shares tesllQnsiQillty<i!r 1i~~ilitY for the ~cts or Qinissions of tht! Contr~i:tOr, itscon~ract(j~lsgbcow~ctQr 9r~oy
Qfthe,r,<!&ents, r~pre$entatiVj!s,employee., Qr assign$; or~nybne acci~g through Or on behalf Qf then).
"1\11", .. F. Pep_
Oi.:ll·i5
Page 38 of 73
E •.. Th!! COntraqpr nas'~he duty to provide. defense ,With ap !J:t;orriElY or law firm approved by the City
of SOuth Miami. which. approval wiUnot be unreasonably WithMI~. '
F, However. asto design professlonal~ontraqs.a~d Ilursl!'a~tto Section 725.08(1).FloriClaStatutes.
no~e ohhe provisiOns set {Orthher"i" aboV~,th~t are In con.flic~ With this subparagraph shall apply.nd thIs
subparagraph shall seHortlt the·$ole responsibility of the design, professional 'concerrting indemnification. Tbu"
tbe design professionafs obligations as to dIe Clty·and its agen.cies. 'as well as to its officers and employej!$. is to
indemnlljr .nd hold them harJ\1l¢ss froJ\1liabif.ities. damages. losses. arid .costs. including., but'not limited to.
rea,s.onableattorners·fees.to thi! "*tEiliJ: caused by the negligence, recklessness. or intentioh,liY Wrongful
conduq ofthedesign profeSsiO\l.1 and other persons employed or utilized by the dl!sjgn' professiorial in the
performance oftlrl! ~ntraq.
'Ti\oJi1i5 F. Pepe
02;2).15
ENO OFSECT!ON
Page 39 of 13
M .. -... 'L. Maql;t & )ta1;tz I.~Enirance Group 1
3,211, :8 Mj,~i.ta,ry Trai.,l
m:. 33442
""sIiRE.
F16'%il.da S'i~wal.k -,Solut~~ns LtC
4009 sw 'tb Street
FL 33317
D Inland Marine
Oi.ty' ~fc South Ml."""-;'''l),l!Ined .. ,...
Inc.
,."" ••• , . .w ... ~
CMOOQ7726-3
,com
., ."n
Deductible'
I requl~J
N.;" "
20141
44393 .
1017.8
33'47'
:t.
~"P,OOo
$4~,850
,$1,10'00
3,0 daf's nQ,tipe 'of: ':q~cel:l.ation :axe'aPT 1'0 days n,otii:;E\', for :no'n-payua,e,n:t.,
'¢:,ar,rie:t,s are not, s'Qrt)l.u's l,:i.nes"
C:i.ty of South Miam:i.
6.1;30 Sunset Drive
Sputb Miam:i. ,Ft. 33143
ACORD 25 (2014101)
INS025,('01401'
, (ATION
SHOULD ANvOF THE, ABOVE;bESCRIBED POLICIES BE C'ANCEL.LED BEfORE T~EEXPIRATIO.N DIiITE l'HEREPF,,~OTICE WILlaE PELivE~eb' IN
ACCORDAN~E WrTH THE PO,LlC¥ RROVISIONS'.
Todd woontqn/MELISS ~' ,,. (t.._-':?\"Jl,' ---y.-
. -,'
The ACORD name and logo are registered marks.of .ACORD
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City Qf SQut/! Mi~mi
6130 Sons.et Qrive
$QuthMiami, FL 3li4J
EXHIBIT 4
Citywide Sld!'WaOIi Itepairs
RFP#PW.20 i 5.22
CONSTRUCTION
BID FORM
I • .If this· PrQPQsal ,is accepted. the undilrsiM~ R(!sPQnden~ agteesto enter into a CQntra~ with the City of
SQuth Miami in the fQrm :Incll.uded In this Solici~tion Pa~kage and tQ perfQrm and fUrnish all wQrk as
specified Qrindicated In thl.sSI'i!ltltatlpn, liteltiding.s .ret forth In Exhibit r (ScQpe QfServices) fQr the
PrQPQsedPrlce as set fQrth be,lo\lll, within tb.e CQntra~ Time and in accordam:ewith the Qther terms and
cQndltiQns QhheSQ.lici~tion Pa'Ckage.
2. ResPQndentaecapt •• lIliIf th~terms ahd conditions of theSolidtation and Instru~ions.to Respontje!1ts,
Including without limitation tho$edea:lingwith the disP'lsitlon: 'lfPr'lPQsaVBid B'lnd, if rl!qulred. This
PrQf}osal will remiUn sublelOtt'l acceptance fQr J.8Q calendar days: after the dayQf the ProPQsaIOpenin~.
Tbe ll!lspc)ocleQt;,bpig!iing and. submitting this proposal. agrees t'l !Ill 'lf the terms .n~ 9:1ngitlo~s 'lfthe
f'lr", Qfc'lntraet that isa part 'lfthe Solicitati'ln package with appr'lpr,at!l cUanges tQ c<infQr", t'l the
jofijfm~tipn (:'lrjtained in thisBldForm •. Resppndent agrees to~illn ~n<J submit the Bpnds, If required by
this Splicitatl'ln, required insurance d'lcuments, and other d'lcument& requii'ed /l.y the S'lli~it.tiQ~,
In~iuding the CQntraclif not already submitted, Within .ten (10) c.,lendar da~after the ciate <if the City'$:
Notice Qf Award. . .. .
3. In submitting this PrDP'lsal, ResP'lndent repres!ln~ thal:
a. ResPQndent has exarriinedc'lpies Qf .all th!lSolich:ation D'lctime.iits ancl Qf thll. Jpl/"wing Addend.. if any
(receipt Qfall which is herebY.'Ckn'lw(edge,elJ
Addendum N'l. Date .. ;
b. ResPQ(jde\'lt~~s familiari1;ed himself with the nature 'and extent of the CQntract Do~uments, the prc)pc)sed
WQtll.Site. locality, and alf IQcal conditions and laws and reg!Jlati'lns that in .any manner may affect ~'lst;,
prQgr~,performance or furnishing Qf the W'lrk.
c. S.ubs.urf.\<:econditions: If applicable t'l thi.s S.'llicitatiQn, the ResPQndent represents. that:
i. ResP'lndent has studied carefully, all ref>orts and drawings, if .appU<;able. of subsu.rf.\ce c'lndi~IQnS ~nd
.drawings 'lf physical .conditi'lns. .
H. ResP'lndent has obtained. and carefolly studied. (C!r~sumes respOnSibility T'lr'lbtainjng and carefully
studying) ",I such exami.l:\~ti'lns, investlgatiQhs,. ekplotatton~,. tests and stuclle.sin .!!diti'l.n tQ 'lr t'l
suppl!lme~t those referred W In t.his paragraph whichpemi!'l to the subsu.naae 'lfpnysicalcpnditiQAs
at the s.ite orOcherwl~emajraffect the c~st, prpgress, p¢i:f<!rmance, 'lr the furnishing Qfthe WQrk 'It
the Contract Price, wiihi~t/!e C'lntra~ Tim.e. and i.naccc)r<lance Witnthe. other termsandc'lnditi.ons'
of the Col\tract Docutn!lnts.TheRllspondent herebyacknowledglls thatoo additlonaLe~amin.ti'los,
in'(estigation$, ~~pIQtations, t",Sts, repQrt. Qr slm.ilar informa.tiQl1 or data: ~re, Qr will,b" .required by
Respondent fbt any reason incQOn!!tij'lrt with the ProPQsal. The failure 'lithe ResP'lndent tQ request
a.pre-bid marklng.pf the cOnstructlpn site hy·.nyor .all utili~ cQmpaniesshall create an irrefutable
pr<\sllrnptiQn that the Respondent's bid, 'lr prpP'lsal.p.rice,has taken int'lconsideratl'ln all P'lssible
uijd~rgrpund conditi.ons and ResPQndent;, if .awarded the C'lntract, shall n'lt be entitled tQ a change
QrderfQr :any such .cQnditi'ln discQvered thereafter.
Jii. ResP'lndenthas correlated the results Qf all such QbservatiQns. examinatiQns, investigations,
expl'lratiQns, tests. rep.ortsandstudies·with the terms and c'lnditions'lhheC'lntractDQcumehts.
l'hq",as F.·Pepe
02_13:.15
~e420f.73
i.v. Respondent has reviewed and checkad all informatlQIl ~~d data show." or indicated i" t~'l Solicitation.
package or in the Contract Documents With.~",spe~J:6¢ilsting Undergro.und.Fa~ilities. or .conditio'"
at or contiguous to. the site andassumes~espons!blliliYfl:>rt"'1 ,c(!\lratelocatlo~of. al( Underground
Facilities and conditions th.at m~yaf{~ the Work; NQ. additional examinations. investigations.
explorations. tests •. reports ot sirnilai'!!1{grmiltlon or data inre$p~ to any. Underground ,Facilitlesor
conditions are, or wlifbe. requireQ By Respondent inord.er to perform and furnish the Work at the
Contract PtlCE).within the Contract time and in .accordance with the other terms and conditions of
the Contra<t Documents unless the Proposal specifically 'states that the contract price is sObject to
adjustment Jor\iJture discovery of underground filcilitiesand/orconditions that affect the co,t ofth~
Work and unless the respondent makes a written request to th~ City for :additional information
prior to submitting the bid or prop'osal as requiradin S.ul)sed;ioil (iabove,
d. Respondent has. given the City writtenn.oelce of illiconflicts, errQr$Or di~crepancies that it has
discoll<;redin tlt¢ Contract. Do~uments and, if any ¢pn$I«s, er:rorsordis~repancies have been (ourld
and notice given. t,hE) ResPQhdept tep~!!sents,bysubmittlng It$ Prpposal. to the City,. that the
Responaenth"s Cecelvad s.officil!l1t I)!>t;ic.e oftheresolu~rori t~efeQf frpm th<l City, that. sucb resolution .
is aC¢!lptable 1;Q Respondent a)1i1 that. the Respondene waives <inycfaim. regarding the conflicts, errors or
discrepancies. .
ei This Proposal is genuine and n.ot Illade in the interest of or onbeh.rf'.ofany undiscfosed person, firm or
corpor.tion .an.d is not submitted pursuant to any agreement or rules of anY group, .association,
organization, .or £orporation, Respondent has notdirE)Ctly or Indirectly inducad or solicitad any other
Respondent to submit a false or sham Proposal; Respondenthos .notst!lidtad or indu~ed an.y person,
firm orcorpor~tion to refrainfromrespondin~; aM Respondent has not .sought!>y collusi.;>n Or
otherwise to obtainfof itself any advantag!! over «ny oiheril:E!spondent or over the CITY,
4. Respondent .understancl. and agfli!.t!$ that,d:'¢ Contfatt.Rrice is the am..oul\ttbat it n!!ads to furnish '.nd
if)sta."alioftheWor~<;!>ll1pl~e and in ~I~cil. Th,e SChequle of Values, if r¢q!1i.red, is provid"dwr the
purposeQ{ Prop!!$al~valuat!gn and whenlnitiatadby the CITY,itsh~1I fpfijithe basis for calculating the
pricing of changilorders. The Contract. Price shall not be a~justed in any .~~ ill as. to result ina
deViatiOn fromth¢5chedule t!f Values, ei<~ept to the exteritt~attheCITYcha"lg!)s the. Scope of the
V'/ori<mter the Co!)tract Date •. As such, tb.e Respondentshafi furnish all labpr,materials,e<juipment,
tool$, superintendence wi services I\ecessai'yt.o prQvide.a cOl'tlplete. in place, Project for the Proposal
Price. fHhis Solicitation requiresthe,completion ofa EXl11alT5Coi!tand Technical PtQposal. as
may be set forth in an ex~ibit to this Solicltation,su(h proposal must be. attached :to this Bi/!.Form
an/! will take the placeofthe .Lump Sum Price,otherwl$e, the Contract Pri.ce forth"
completed \york, is.s follows:
Note: Attacb "Respon/!ents Cost and Technicaf Proposal," ExhibitS.
LUMP SUM BASE PRICE: Attach Exhibit S doffars and _~ ___ -,cents
Alternates: #1 __ -____ #2. __________ _
A fee breakgown for each task incf'Ydad. i.n tbe I~m.p SUrn cOn~ractpti~e, lfapplicable, must be prpvided.
Failure to provid~ thi$lhform#tion shall rend~r the proposal n.on,responsiv'e.
5. The ENTIRE WORK shail be completed; in fuil,· within THD. days fr<>m the commencement date set
forth in the NOTICE TO PROCEED. Failure to. complete the entire work during. ~be de~cribed ttme
period.shaffresult in the assessment of liquidatad damages as may.be s.et fO.rth. in the Contracj:.
6. Insert the foffowing infOrmation for future communication with you .concerning this Proposal:
RESPONDENT:
Address:
T !!Iephone:
Facsimile:
T~~itI ... F;Pepe .
q~.2N5
PagE! 43 of73
COQtil~ Per~Qn ·W{~ NIk'J\/JI, ... .. .. . .
7. The terms used i~ thi~OPOsai Wbldl.aredefln.e~in .the Contraa shanh~V"#I". 5arl)e (l'leaningas Is
assigned to them j~~~.e COntra~ Documents, uriless $pecifi~ally definedi" this SOlidtation. Package.
8,lfa(os~ "tec::fmkalproposal Is required .by the SQlicit;ition. RespQ"ndent hereby cert;"es that all of the
factsan<l responses to theqtJestionsposed in th'H::OS! &:.tedlnicalproposal, if sud' an exhibit is made
a part of the SQllcitation, aretrueandc:orrectand :are herebyaqpptl!d as part of this :l;Iid Form, and are
ma~e a Pilrt ohhis proposal, by reference. .
~. By sub(l'litting thiS pro"".al, I, on beha.lf of the· business th;rt;.1 rep,!!sent, .hereby agree to the ter(l'lS ofth!!
form ofc::ontraa cQntained In the SQUcitationpackage and I agree to be bound by those terms, With any
appropriate blank .. bQl<es •. if .any. ch""ked ah!l any blank lineS filled iQ.wi1'h .theappropriate Informa:th;>~
c::ontained in the<SQlidtation DocumentS and this Pr()POSal, or such. information that th~ Gity and I have
agreed.o!'on In t~!' .. o~ts.e of COn.t!,a~t negotiations and Which have been confirmed by the City in writing.
Inciuding.e-maU.£Onfirmati.on, if arty, Ihllreb)' certify under penalty of perjury that I am the lawful
representative of ~hEl b4s.iness en~lty reflare.nced in this Bid .Form and that I have authority tabid that
entity.
SUBMITTED THIS /}/I-DAY OF -'-~-"'.~' .• f'" ."". ",.,-,-__ ;--~ 20r) ,
C15k-1-5 (q -l 'L,L ~
Telephone Number
·Signatu
ty.k%de+"'±
Title .
END OF SECTION c:::::' ........... . 7'~
Page 44 of 73
T:ho:mas F",Pep~
01:23.15 .
EXHIBIT 5
CjtywideS'dewal~ RElpalrs
RFP'#PW-'20 I 5-22
In ;t(:cor.dance With £XHIBJT I, !'Scope ofSjlrvicjls" ResPQnden~ sba:llquQtea. price per Inch-
Foot and. by slgrdQg EXHI8!T44idform. Respondent .confirms compliance to. the process
for prQviding the work, described in EXHIBIT I, "Scope of Services,"
Inchcfeet shall be calCulated by multiplying tbe average depth ofthe .cut by the width .of the cut.
The Contract .Price for the completed work!s IlS followsan.d shall bl;!. firm through
the term!}f tbe agreement~
SUBMllTED THIS Ij-tlt DAY OF ~+
Title
~9r:n~ 17.-P~j)~
Gl~2.~.J5
END OF SECTiON
l'lIge 45 of 73
20J.£.
ce·· ". P.J·FfIlIlARO
.... .... 0 MY .. '. flO. MMISSIQN#.f~59 . .7.6. .... WIR~; AI'Il ~~.21ll9
. . Bonded!' 1.\ S!awlnsuranc.
EXHIBIT 6
CONSTAUCTION CONTRACT
Citywide ~idewa'l( Jtl\!pa!r'S
RFP #PW.20 I 5.:22 '
THIS. CON.TRACTwas .. made~n.4e .. eICtt!red.;ir1.to o.n this. . 1#4 d. or Of." ". . . ' 20£by
and b<!tWE!l!n flchdaNMWIl'\'f ~iLlti'rM (hereafter' rred to as
"COr1tr.aqor"),and the City of SoUth M.i.ool .(hereafter referred to as "Own~r"), througb its City Manag!!r (hereafter
referred to as "City"),
WITNEiSETH:
That, the ContracWr, fQrthe fpnsidera.tion herelnafter(ullyset o~.t i:tetebj(agrees with th.e .owner as fol/om:
L The COOtf,qor Shall furnish all labor, ,mater'ials.equi"rnent,rna~~ln"ry, tools, apparatus" transp0I"t$Mn
and anr 9ther items necessary to perform all. of th!! work shown on and described in the Con.traq
DQcum~lltSand shan do everything required by this Colltract and the other Contract 09~umen~
herein~ftet referred to as; the Work.
2, The Conttaq Documents 'shall include thi.s COwaqi Generld Condition. to the Contraq, if allY. the
drawings. plans, speciflcatlons and ptojeq man~al, if anY. any svpplementary or special condltl9nS, other
i:jocuments. referring to this conttaq aMs/gned. 'by the parties, the solicitation . dotuments("h<lt~in~fte~
r~err~dto as'~Bid Docum"nt''') apo. any documents to.Wbi~h those doc~mentsri;!fet which ~re used by
the Own.er as well as any a~tachl11ents or ."",hibits, that.,re l11ade apart of any ofth~ cfocuooentsdescrib"d
herein,
.3. 'The Contractor .shall ,tomooli!nce the Work to be performed' under this Co!itr .• clon .a qate .tohe. specified
in a NOtice tl> Proceed andsh~U complete aU Work hereunder wlth'n the. iengthof time ,,,((orth in the
Contr.q Doc~merit$,
4. The Owner herebyagreest<> pay to the Contractor for thef;lIthM performance of this Contract, subject
to additions and deductions 'as provided in the ContraCt po¢uments anQ.~ny Pf,.Qp.erlyapproved, written
change orders. .in I~wful money of the Llnited Sptes, the.mount of: (".' ""/I" Am,,,,.
,...ej . Dollars ($.00-1. Lump Sum ("Contraq
Price") ..
5, The "",p.enses ,of performing Work after regular wQrklnghO!lrs, and on 'Sunday and legal holidays shall be
induded.lothe Contra.:t Price. The City may demlinif,at.tI)' pOirit in time. that any part, ora:II,of the;
Work beR<iriprmed after regular Workinghours,insul;:h everit. the Responde"t shall have no rigntto r
aOditlo.nat ~ompen.ation for such work,. H.o~ver, ndthingconqlned herein shall.authorize work ~n'~aY.:
:and. durin~ hour~. that areotherw,~e, prohlbite~ 'by C)rilinance Ilnless specifically authorized orinstructad in
writiot by the City.
6. IftheWorldsexpeqed tOreqllire r:nQri;! th~n olle, morith, .the OWner 'shall .. make monthly partial p~)im!i!nts
to the Contraqoton the basis of a dulycllrtifled .and approved. schedule of values for the Work.pel'lormed
during each calendar mC)nth bythl' Contraqor, less theretamage(all as provided for in th.e Contraq
Documents),whichis to b,ewithheld by the Owner until completion andacceptance·of.thecQll)plete
proj~in.a¢cqrdatl!:E~ WIth. this Contraq and the other Contract Documerit$and t/ntJls.uch WoN< .hiis
been a<;<;epte!l f>ythe City; . . . .
7. Upon .•. ~bmiss.l.dnby the e.ontractor of evidence satisfactory to the OWIi.llr that .all. labor, material, and
other COsts lncurtedby th.,C9ntractor in conneqion with the constrUCtion of the. Work have been paid in .
full, ~l1'd. after ~ompliance wlth the terms for payment I'rovldeg for in the Coritr~ Documents, final
paynllmton account of this Contraq shall be made within SiXty !6!))~alendar days aftertheco"1pletion by.
the. Contractor of all WOrk covered by,this ContraqahdtheMc$pt~MeofsuchWorkbr the Owner,
B. TheWork shall be completed in TBDdays. In ~he event that the Conlraqor sball fail to ~omplete the
Work within thetime limit stipuiatedinthe'C9ntraq DocUments, or thee)(tended time limit agreed upon.
in. accordance with the procedure as more .particqi.arly set Jprth ;In the C!mtraq Documents, liqUidated
damages shall be paid by the Contractpr at tbe. rate 01$ 'rBD (!!po", Citywide Projects isslled) '.
doUars per day,. plus any monies paid by the Owner to the C()Osultal'1t,iJany, for additional engineering
an.d InspectiOri s.ervices,ifany,assc>cia~d With Svendelay.
T:l\o",~ f. Pepe
02;23-15
Page 46: of 73
9. It· is further mutually agreed. betweeo.the Parties beret@ that if a i';Iyml'!!lt ahdlorPerformance Bond
("Bopd") . is required and if. at any time afW tbe executiondfthi$Ct\lItract and the Bond fories f~it~ftJl
performance and. payment, .#lll Citysball deem the .Surety ~r Surlltles ~pon such bond(s) to be
~nsatisfactory. or if. for anyrea$llIl su<:h bond Ceases to be~deq1fate tQ CQver ,the performallce of the
Work or paymlint tb s@ct\ntractors and suppliers, the Cont~ct.or shall, .at its .. expenseWit~infi\le .(5)
business days after th.e ~pt of oofl.cefrom the City so co do. furnish an additional bond or!>ond.. in
such forM and amount a~a With such Surety .or Surede.s ·as sM11 besatis!actory to the City. In such event,
n.o further payment to the Contractor shall be deemlld . tQ ,be due under this Contract ·until such riew Or
additional sec~rityforthe faithful performance of the Work is.furnishlldin the manner andiil the form
satisfactory to the (Olty,
10. No additional Work or extrassh~1i be done .u~leS$ the same Is. duly authorized in WritIng. ~nd in advance of
the Work. by appropriate .accionbytheCityaM inaccordan.cl!With the Contract Documents,
II, The date. tllat t~ls contract was "roade, andllnt!lred into"and itt,.effe~tiv$ datI! Is the date that the contracti.
th", sighed 'byth.e City Or. If the~\lntract is required .to be approved by resol.utio.tl 01 the cltyComrnisslon. then
the Effective Pate is the. date of th.\l' resol.Otioo approving the Contract whichever is the later date.
IN WftNesS WHEREOF, thl! partie~ hereto haveel!e.cuted tWlsC<>ntracton th!!day and date set forth.
n.ext to their name belowand.may ;l?i! signed in one .Or morecountetparts, each of which shall •. without proofor
Mcounting for the other counterpart. be. deemed an original Contrac.t.
i CONTAACT""~ :;;;'L*,~ .l.<L-
Signature:.. . .. . .• ... ... . . . . ' .
Print Signa. tOry·s. N~ .. m. ,~: jj#\. .. &;
TitleofSlgnatpry:. . ···1·.· .
ArrEST~D:
Signature; __ +-______ _
Maria Menendez
CitYp'erk
i
Read .and Appro~a. to rOrf\!. li!ngllage,
Legality, and Exe~utiOn Thereof:.
! ,
Signature!' ----:::::-:::+.' C'C"'-c-c------
City ~ttpriieY
qWNE~: ern' OF SOUTH MIAMI.
'Signature;
SteVen Ale1<ande r
City Manager
Page 4t~f73
thortlaS. F. "@pe
02-11-1!;
ARTICLE I -DEFINITIONS
EXHISIT7
CONSTRUCTIOJ\lCONTRACT
GEf\fERALCON!)ITIQ.NS
.Gltywid~$icle)'l!.iJIJt RC!l'airs
RFP#PW-.1015-U
Whenever used in these General Conditions or In t.he. ot~etCOll~.ra¢tPocuments. the follow'ngt(!rms s~aUhave
the meaning indicated. these definitions shalf always apply Wbenthe s.ection of the Contract speel/billY ~fets to
this Arttc;lefortlje purposeofinterpretlng ~worc! !lr gro({P of words In that section of thS Contrac:t Document.
HO'l'{eYer. When the section of the Ooritrac:t. vihere th'lWordto pedefir!edIs used,does not speci6<;a1!¥rt!fer~ to
thlsArti~le 1»deflne the word or group ofw<i!rds.the~efiri.itlohs containeditlthlS Article shallnot;i,~l'ly unless
thewotd or'grou~ of wOrds, in the ,Col'l1:ext oHt or their usein the Cootrac:t Document in question, is/are
ai1ll)i~ousandop~nfor interpr'et~tion. In addition.thes.1l definltionssllall also. nOt'apply tOinterpr.e! terms ilia
specific provision of a Contract DOcumeOt If th~t sPe~ifrc provlsronc()ntalns.a ·definitiMof these Wrtls:
Addenda: Written orgraphl~do¢~men~siss~~li prior to the $idOpenlng whiCh modify or Interpret the Contract
DQcuments,Drawin~ ;l'ndSpecl~catlotjs.Jj.yaddlti"'n. deletions,darificationsorct:!rl'eqion. .. .. .
Aoplication for Pit)'llignt: Alorm approved by the CONSULTANT,if anYi· or the CitX Manager whi.ch is to be used
by the CONTRACTOR in rec:luesti~1! prcigress payments.
IDi!; The offeror prop9s~l.ofthji! Bidder submitted on theprescrlbedfortn settin~ f!lrth the. prices and other
terms forcheWt:!"i!: tob~.pe,rformed. '. .'
. Bidder: Any person, flrmor torporatlon submitting a response to the Owner's solidtation fOr proposals .or bids
for Work, .
Bid DocumentS: Thl!solicitationfor bids .0rproposals.a!J~~1I dC/cument' :that mai<e up the solicitation including
ih~ !!l$trUCticins. form.of.docum!!>nts and affidaVits •.
. ~Bld bOlld, performanceandpa~me!!t bonds ling other instrumentsoi securitX, furriished by the
CONTRACTOR and Its surety in accor'dancewlth the C;ontract Documents and. in accordance witll the laWs of
the state: ",(Florida.
Change Order: Awrltten ord"rto the CtlNTMCTORsigned ~y theGlty Manager authorizl~g>anadditlon.
d.e.letlon or revlsiQO In the Work, or anadi4Strnl;!n~ In the Contract Prlce;or the Contract Time .Issued after
execution Qf the COntrac:1). .
WQr~ Or9!,r Proposals: Written proPQs~ls {ro", the CONTRAcTOR.ln resp.onse to orders or requ!,'.! ro~ wQrk
based 'on the Scope of tbe WoN!; provi~ed.by th$ CitX to the CONTRACTOR. The prol'osal indu.\lesline it",tlJ
ptieing, Wheret/lel'e at!!> tlJVltipl~io<;a.tiQnSi and the timetrame. for comple!ir)g th .. work, .
tlTW ne Cio/Ma~agef'fQI' the Gityof South. Miami,~130· Sunset Drive, S"'~tfl Miaffil,FL 33, 43.u6lessthe
~Ot~whl!reiil tile )'Iori:! Is. used should more appropriately mean th!! CltyofSo!)th. Miami,
ConstruCtion Qbs~er: An·.authorized representati~e Q(theCONS\JLTANT,if an)t. or otherwise ·a
repre~enta~v!,. pf the C;JtYasi;iglJea to observe theWQrk performed "lid material"furnlshe~ ~y th.!'
CONTRACTOR. The CONTRACTOR shall be notified in Writing of theldElntitY oJ this rlJptt!sentative.
Contract 'Documents:. The Contract Documents shall includeth"1 CO.ntraCt between the Owner and the
C;ontrac:tor, other documents. ils.ted in the Contra¢tandrn(jdlft¢atlonsissu~afterex~~tlon of the Contract as
well as all Bid 'Documents including bot not U!llited to thi!!. so!icitatiQnfQr Sid, CONTRACTOR'S Bid, thE! Bonds,
Insurance endorse!llents,l.nsu~~ce Certlfi.cates anl:!.pollc.ies. th~ Notice cif Aw~r<!. theNl?ticeto f't;oGeed. the
General Conditiohs.$peciaIConditions, ifatly,any Supplementary C;ooditloos. the Technical Specificatlon.s,
Drawings, Including any incorporated spedflc.ations, adderlda to the drawings issued ·prior to execution of the
Contract, Change· Ordei'$. Cpnstrue;t(ohC;hllilge: Directive .• and. any written order .for a minor change in the
Work, .andWrittenmodffica:tfonH!I iillyof the Contract. Documents.
Contract Price: Thetotalmon¢ys payable to the CONTRACTOR pursuant to the terms of tile Contract
Documents.
Contrag: Time: Th.e number of calendar days ,stated in the Contrac:t .for th" completion of the Work.
Contractihg Officer: The IndiVidual who iHuthorized to sign the contract dQcumentson behalfef the OWNER.
CONTRACTOR: . The person, firm or corp.oratlon with Whom the OWNER has executed the Contract,
CONSULTANT:. the person Identified as the CONSULTANT in the Supplementary Conditions or, If none, then
(';'I1"f's t/esigri;ited reprilsentativeas identified in the,Supplemenrary Conditions.
11J"9m~, f. Pege
'02'23-15
Page 48 of 73.
Day: A Perlad of twe~,Haur hours measured from the.be,\\if1tling ohhe day at 12:0 I •• 1)\. and It shall be presumed
to be.a calendatday llIiles~ $pecificallydesignat"das .a busiiless day.
Qm: The number Cifcwenty.four (24) haurperiods fal!owin,\\ ~he event to W!lieu the ward "daYs" refers .
. commendnga! 12:l>la;l1kat the'.start afthenel!:t d~Yi Therefore, In cdi11P\ttinuny perlodoftlme pr¢scribed Or
ailawed by th~ COntract Qacuments"hi! day af ~heact,,,ventor d$uldtom Which the deSignated P"~i9d C)f tl.Oie
beginstMllo shallnC)t belneluded. Thl) I~t day of tlteperloo SC) cdmput¢d sh"tbe inciudedunlessitls It
Satur<!ay, ~unday or legal halidaY, in Wl!lch event the period shall run lindl th.eend of the next bUsiness. day (hat is
nota Satut'llay, Sunday orle~al holiday.
Defective. Wark:. Wa.rk thads unsatisfa.<:(Gry, faulty, or defidentin that It does not conform to the Contract
Doc~m~t$.or does not meeHhe requitemen,s ofany~ppl!cable insp.ectl'm, reference standard, test, or approval
r!!ferred to in the Cdntra!:J! .Documents, orhasbeen<l~ro~ed prior t<> tite.CONSULTANT'S. recommendation .of
final payment (unless {e~p.orsibility fonheprotectionth"reofhasbeen del~a~ed to the OW/Ier);suhstitutions that
are not properly .• ppro)(ed. and authorized, any de~~ien!;Y in the WOrk. materials an~ equipment; matllrial. and
eqUipment furnishedlJn~erthe contract thaUre n~ ,\\oC)d. quality and neW unless otherwiSe required or
permitted by the C!1otraet [i)ocuments;
Orawinzs: Tit!! d~wi"gs whicbshowth.e thataeter and llcol!eofthe Weick to.ae performed and. which have been
prepared.orappr6ved by .the·CONSULT.A,NT,qr Ifnone. them b~ an architect o.r engl."eer hired by the City and
are referred tc> in the Co.ntrace Documents.
Field Order; A written .order issued by the CONSULTANT which e1arl~esOrloiWprets the Contract Documents
In accordanc:e with Paragraph 9.3 "r eI.rrl.ers minorchangesin.the Workin·accordance with paragraph 10;.2.
Modifitation; (a) Awrittenam~ndme:nt~f the ¢CintractDocumeJjtSsi~~ed b.yQ9ttl pirties, (b) a Change Order
si/load by both parties., (tl a:wri.ttentiarificationor Interpretatfon'lf{$spadby die €ONSULTANTin~«oj"da:!l~e
With paragraph 9:~ .0' (9) a WrittenQrd~r for m.inor chant" oralt¢ratlqnln.~he Work issued by the
CONSUL TANTp.ursuantt!>Par'I!t~~ph 10.2. Amadlflcatiolim.y '\loly be iS$lle"d after execution of the Contract. it
must be inwritlng andslgn~bYtbe party a.\:ainst whomth!,:h)odification.l$s~ught~o .be enfore;ed.
Non.'conforming Work:m.eanswor'~ that <loes not,corifi:1rm tothe"Ci;lrltract'Pocuments.and includes wotR that is
unsatisfitct"ry,faulty, "rqeflcient Or that does nelt meetthj!requ!rllmen.ts of any .applicable inspecti~n, reference
.standard, test,or that dC)!l$ Odt meetJlnyapproval required br,orr!\rertedto in, the Contract Ootutnents. or
work that has beeOdamage.d prior to CONSULTANT'.s recommehd.tion'offinal payment (.unles$. respansibility for
the protect!"'rl thereof has been assumed in writing bY CITY).
NoticMfA~rI!:TheWrltten notice by CITY to th"appartilnt succe.ssM .Bidder stating that uponcC)mplian~with
the. conditlons.prece~ent to b.eftilfilled I:!l' KwitlJfil the\:lme specified, .CITY willexec~te andcjeliver the Contract
to him.. .
Noti!it\t0Pr~cet1!l; A written noticel!iv!!n~r CITY to CONTRACTOR (With copy to CONsUL t ANT) fixing the
dati! 00 whi~b' the Contr~ct Timeshiil tol)lmenc!lo to run and. on which CONTRACTOR shaUstart to perform its
ppliglitipns under the Contra~ pci~l)le~ts.
Person: An individual arlegal ¢ntity:
pr6ject: The entire cqnstructionoperatiqnbeinll performed. asdelinll.ted jl1(~e Contrac,Documents.
PollC;y: The term "pallcy"aHlsei:! iil~heContract Pocu.ments sha!lmean tHe In$~rance\jihder; if it is issued, the
declaration page ofthE!l>oliqand the.body ofthe.poliq; including allena.qt~ement;.
BEe: Request .t"r Proposal.
Scope.af'Servioos.. This ph~e refers .to the scope of the' serViCi!~ qt work ·to be performed and it has the same
meanln,\\as Stope qhhe. work unless the context in. whlc;h thepha,e is uSeci crearly means otherwise.
Shop DrawinZf All drawings,diagrams', iIIustratioos., brochure~. scheelYle •.• 11(1 ather data which are prepared by
theCONTAACTOR,·aSubcantraceor, manufacturer, supplier, C)t dlStrlbutar,and which iII.ustratetne equiptnenj,
material or Spm!! portia" of the work and as required by the Cotitra~ Dacuments.
Samples: Physical examples whiCh .iIIustratematefials. eq~ipllleilt or warkmanship and establish stangards by Which
th", Work wlflbe jUdged.
SpecificatiOns; Those portions of the COntract .pocumllnts' ilonsisting of written technical de$Criptions Of
materials, .. equipment, construction sY$~em~,s1itingar,ds oD.d workmanship as~a"pUedto the Work,
Sub!lQntractor:An individual, firm. or cOfPClratiori having a direct .. £ontract with CONTRACTOR: .or With any
ather Subcamractor for th.eJjerfortnance .of •. part ohhE> Warkatthecanstruct.ion Site.
Substantial Completion: The dati!, as. certified by .the.CONSULTANT, when thec\lnstruC!:ionpf(l)e Project ora
certified part thereof!.s $u!ficiently.coml'leted, in accordance,with·the ContraC!:Docom@n.ts. SO that the Praject. or
a substantial part,. "an be uti.li~ed forthepurposE!s for which it was intended Without rl'$tCiC!:lon orllmitati~n to
any degree, oth~r~anJor the repair of minar"punchUst" I~ms;or i{there be Jlosuch.cettffitatlonif~!l date
vviten finar"ayment is dUe iO accordance with paragraph 10. Htlwever, in ooelle((t shallthe'pr6i<)l;tt5rportlqh
Pl!ge 4g of'tl
. Th'!I1)~·f .• "~p" 111·113:15 ..
~~ereof; be deemed to be sUi)'stantially ~qmpletl!d ~litila. certificate of occupanqor .¢ertilicateof'use is lawfully
iSsued I:lythe applicable g<lV"'~~.mental agency, A l:ertificate ofSubstanti~.1 ,Completicm,issued byth.e
COt>JSULTANT. shall be ~ull 'and void If it.is based on . false. misleading ot i.nac.curate information. f(<lm anysouree.
or when it would n9t have bEie:n Issue but for the conSideration ofWorlrtl1~tis tbereafler found· to be l'Iefective to
a degree ~re~t!it th~ri thatWhith,wouldnormal!ytobec:<msid,ered i:l;r 1i~e (:;ity tt be minor "punch list" Work.
Supplier: Ant,pers1:!n or Qrganlzation who supplies materials,cWequipment for' the Work, including thefabricati<;ln
of an'tel)1,bl!l wbodoei! not perform I,abor at th!!sfteof t.heWork.
~ . The Individual. orentio/who is. an oilligor (m a gOl\d and whoisbouot;l with the CONTRACTOR {oJ" the
fuffand fatlhfIJlperformance of the Contract and ,for'ti)e,payment ofalilabor, servtces an,d materials used 00 tile
project. '
W~r~ Any and. ali o,~Jigations, duties and re$poh~IPUities ne~es$ary for the successfulperformai)ce arig c6mpl~tiofi
ofthe CQntract. '
Notice: The term "No1:i~e"~ !)sed herein ~I\alf mean, andlncfude~lf. written notices. demands, Ins.truetiQns,
claims, approvals anq disapprovals requirea to obtain .compliancewith COntract teq\l(rements. Wrlttennotice
shall be deemed to ha¥e.been \fuly se.rved If.qefiveredin person to. tile indlyllMIi ort"l amllmber pf the firm·or to
an officer of the corporatiQn. fQt whpm it is intended, ortoan aUthOrized .re~res~htatil1e()f stJ.~h .individual. firm, or
corporation, or if delivered a~ Qr sllnt.by registered mail to the,I~$tKnqwrlbu;jinessaddres,s .. Unless otMrwlse
stated in writing,any notice tt or demand upon the OWNER under"thl~ ContratHhal1 be delivered to the City
Manager and the CONSULTANT.
ARTICLE.2 -PRELIMINARY.MATTElRS
AIm!t'
201 The CITY I'eserveuhe right torOljedanY<lnc! "'IBids, at ifS sole dis(retion, ,Bi!isshall be awarded
I:lY the. Cln' to,the lowest responsive and responsible ~idqer. N0t'!otlce ofA>Mlrds~;lllbe given until the
(;ITYhascond~d~d.itsinvestigation. a~itdeems n¢c'l~sary,to~s.~a.bJt~h,totbesatlsfa<;tion !lfthe Cln',
Whi~h Bidder], the mcist responsive and resp~lisil>leQf ~II the Bid<:lers to ~!lmplete the Work within the
tim!!presoribed and in accordance with the Contract. DQ¢~ment$. The Cln' reserves the right tQ reject
ihe.Bidof any Bidder wh!l.ls n!>tbelievlldtp b.~ in t~e sole discr'e'tionandmisfactlon of the City. to be
sufficiently responsible.quafitllldjl.~dfrMnclltl.ablet!l perform the Wllr!!; 10 ;\na~ing .. Bid, the CIn'l1lay
alsa bke intoconsideratl<l.n I'Iltei'nilte: anti unitpr.i~e$, if requested by tl)e Bid forms. Itche Contra<;t is
awarded; the C'TYshalllssu~the Notice of Award. and give the successful Bidder a Contract'fot
execution WithIn nInety .(90) .day lifterope~ingofgid"
Executitm of-Co:ntract:
2.2 At: leaSt foyr cou~terParts of the (:ontracc,the Performance and Payment Bond,the Certificates of
IMurante, the, BiiJder :Qf Insurance if issueo, thelnsurancecDeclatati!ln Page If not indyded in the POlicy of
Insurant!!. tbe policy !lOnsuranee reqUired by tile Cant~a:ct Docurt!lm;s;the wrl1:tennoticeof d\1slgnated
$uPervisor otsuperintendent as provided in ,Section 6.1 'oftheGeO'eral Cooditl(msart<l 50th oth~r
Do~umentsas required bytheContract<D""um'1n;S$halJ. be ,,*~C'ot!!d lind delivered .by CONTRACTOR
to tlie C]'!'Y within ten (10) calendar d~ysof'l!clejpt;oftheNoticeofAward, A tontra,t DocUmOlnt chat
requires the signature of a party may be E!)(e~uted'ih co\mter~rts $~p.r~tely by each althe parties 'rid, in
such event, .eachcounterpartseparatelyexecuted shall, Witryout.proofor accounti.ngfor the other
counterpart be deemed an original COntl'llCt Document.
2.3 tell ( • Performance
Bond and a Payment .. ' . olthe J>erformance Bond and Payment Bond
attached.
U. I E~t:h BQndshaU be il1tHe.,amounc of oOe,hund.red percent. 0.00%) of the Contract Price
guaranteeing to OWNER the COl1lpletion and performance of the Work covered in such Contract
as well.s fUll payment of all suppliers. materialman, laborers,. or ,Subcontractor employed
pursuantto this Project. Eacb B'pnd shall be with a Surety company whose qualifications Meet the
requirements OfSllctions 2.3.4,2.3.5, and 2.3.6.
2.3.2 Each Bond sl\al1 continue in effect··forfive )rear after final completlonandacceptanceofthe Work
with the liability equal to one hundred percent (100%) ohhe Contract Sum.
!'age511 of73
2 .. 3.'
2.3.4.
2.3.S
2.3.6
2.3.7
Pursuant to the reqoir~men~.of.5ectjon 255.05(1). FloridaStaW~s. CONTRACTOR shall ensure
that the Bond!s) tef"t~!)ted abo"e shall·.berecotded.in the Pliblic recorcls of Mlalllj.Dade<;:oOtJo/
and provide CITY. 'il(ftheVldenceof such recording;
Each BO/ld must.PeeXecuted ,ht.surety COIllPahy JluthofiZ!ldto do.·business in the State of FI.otiI:Ja
as. SOreo/. havlng.a resident agent in the St.tEl.of'Floridunclh.vingbeenih business With. ''I record
of suc;e!\ssfulcontlnuous operation for aleiJ,$tf!v~(5) years.
The .surety company'shall hold a curre~tc¢rt,ificatEl of authority as acceptable ,u"ety On. federal
bond •. in accord ance with the United States. Department of TreasLlryCir'd.ular 570. currMt
reYistons.
The CITY shall only be required to :accept.asurety bond .from a com pan)' With a rating A.. VII or
better. .
Failure ofth~ success'uliliddl\rto.llXecuteanddelNer the Contract. and deliVer .the required
bonds an~ Insllronce doculll'mtssh~1/ bec-ausefor ·the CJTYtoanou! the Noti.ce of Award"nd
declare tl1e . .B.idaMany security therefore fOrfeited.
C"ntractQr's Pra·St.tt RepfesE!l\tation:
2.4 . CONTRAcTOfl, rl>pre£entsthatithas familiarized itself With,. and. as$utn~sfuU responsibility for having
f.!1lIi1iar.i~ell i~.elf With the naMe and extent of theCohtra<;tDocumentS> Work, locality. and With all local
<;on4itlonsandfederal,' state and locallaws.ordin~oce,rule,·and regulation. that mayin any llIanner affect
penormancelifthe Work, and represents tha,t it has correlat.ed itsstudyaMobservationsYlith the
r!iquiremen~ of the :Contract J:)oculllen.ts. CONJitACTOltalso represents that it has st.u.qiedlillsurve)'s
and investigations. reportsdfsubsurf;il'e and la~nt phySic.lcondltions referred toio the specifjc~ti(ms
and .lIladesutb addi~ilinal surveys and inVl>$tlg~tI9i\.as itjje.emSn!l(;essarY'for the performance 6fthe
Work reflected lin the. Contract DOCUIllIW,\fr1i1thilt lie!) •• correlated the resul~of all'~uchdata with
the requirements of the CgnWa~t Dp~~ni!a~ts. .
Cpmmencement of Contract Tillie'
l.S the Contract Timl!sb~IJ~6mnle~ce (0 r~r\ on theclate stated tn the NOtice to Prg,l!ed.
Stad;ingthe Proj~ct(
2;6 CONTitACTQR. $hall start to penorm .its. obligations under the.COt,ltrcact J:)Oct!meOts on th", date the.
Contratt: ti!)1e cO(TImenCes to rUn. No Work shall be dO.i1e ~t;th.e ~ite (a' defined iO Article IJ. prior to
tile date <I.1l Ylhi.ch thEl Cgntract Time commences tprun. exteptWith theWri.tte.n consent of dle CITY.
BefpreStarti?_ COn$!t~ction'
V' EljiWe ond~rtakingeach part oftheWOrl<,.CONTRAtTOK sl\alicar!#uUy ~!I.ld.l' and cOlllpare .the
Col\tr~ct Document~ and. check and v:erify-pert1Uent ij~~r"s$b(lwn th~rE!l>" .• ndali applicable field
measurements and conditiOns, It shall at oReEl repo~t,inwritlo~.toCONSULTANTany conflict,error;.or
discrepancy which It mar discovert. Nejtherth~ pWNERnor the CON!iULT ANT shall be liable for any
harm. damage 'or 10sssIlffered by CONTRACTOR as a resl*of~,failure t() discover .nyconflict errqr,
or discrepancy intheDrllWfngs Or Specifications nor sh.fltheCONTRACTOR be entitfe to any
c"mpensationfOrany harm. clamag!, or los. suffered by·.the C.ONTRACTOR due to any conflict· error.
or discrepancy in the Co!)tract Do.cumen.~.
Schedule of Completion:
2;8 Withil)F'iYe .(5;),busin<lS$ days after delivery of the Notice to Proceed by CITY toCQNTRACrOR.
CONTRACTOR iilali submit to CONSULTANT for a~roval. an e$timated cQnstrU<:t;gn $<~edule
iridii::atlhg.the ~t.rti~g and completiond..tesgfthevariousst:lllesof ~he WQrtc. and a prelimil)ary s.che.cI~le
of is hop DraWing submissions. The CONSUL TANTshall 'lPprove~hisschetiu.l.e or req.uJre rellisi<!ns
t~erao within Sllven (7) calendar days .Ci)f its submittal. Iftll.!re isrnorethll'nlmeCONTitACTOR
invo.!"ed in the Project, the responsibifity for coordinating the Wo.rkof all CONiMCTORSsh.1I he
provided. in the Spedal Conditions. '. . ....
2.9 Within flve (5) .businessdars after d~livery oft.he IlXE!CUted Contract by CITY tg CONTRACTOR,but
before starting the Work at the site, a pr'll-'c!l!lstru~io,riconferenceshall be held to review the above
schedules, to establish proced.ures fc>r hai!dll~$h9p praWingsand other submiSSions, and ~qr processing
Appli~ati()Os fOr Parme"t; and to .!lstilbllsh a 'iI(Orl\ihg understanding.befWel,lnthepartiesa;s ·tij)the Pr~iect,
'111"",,""'''.'''' o.~'l~~IS
PageS.! of 73
Present>~t tbe confer~mce wil' bElche C.iTY"S n!present;ltive,CONSlJLT ANT, Resident Project
Rep~eseOtativilS. OONTRACTORluId its Superint\indent,
Oualifications of Subco~!f",cto,*,Material men andSYAAlierSl
2,10 Within five (S).business daysaJterbldopehin~~heapparenl: lowe!ttr~~p!ln~!ve and re,pMs!bl" .B!ddl!t
shall submittll the CIT'( and the CONSIlLTANT for acceptante a .lls~.oJthe· names· of Subcond'aetors
and such otltElr persons and organi~~lons thi¢ludlngthosewhoare tol.Jrnlsh principal itemS olmaterials
or equIpment) proposed for· tho.!!e p0tj;ions of theWork as to Which the identity of$ubc;ond'aCl:ors and
othElr pers()(jsand organiz;ttions must be submitted as. speclflilQ in the Contracf[)ocUments. Within
thirty (30} calendardaysa{1;l!t receiving the list, theCONSlJLTANT will notify the CONTRACTOR in
writing if either theq:tY onhEl CONSULTANT has r",sooabie Objection to. any Subc.<mtr;ctor. person,
Or or~nizationonsuch list.fhe failur~oHheCITY orth~ cONSULTANT to IIl~~eobjectlon to any
Subcontractor, person, 'or orgal)izat.on on th~ listwitbin thirty(3~) calendar day~ohf1e receiphhall .
~onstitute a" acceptance ohueh Subcontractor, pe~sOnor orgllrnzation. Accept~nceofilOY such
Subcontractor, Mrsonor .Or#anizatiQn sh~llnotc~mstitute a waiverOT ~n)/right (jf the CITY ,,>rthe
C.ONSULTANT tll r!!ject d'lfec:til'e' Work.l!la~!\d.al otequlpment, or ,a~Y work. material or equil'meot
not.lo conforma(l~ .Wlth therequirement$of the C.ontrad: ·Docpments.
:/.. I I If, prior to the NO.tiCllofAward, the CITY or che CONS.IlL T ANT has reasonable objection to any
Subcontraetor,pEir$on or organizacion .list~d, tHe.capparent low Bidder may. priono Notice'ofAward,
submit .n*:C!lptabl~ .substltuteWlth<:i~tan increase;" its bid prite.
2.12 . The apparent silence oflhe Cont"act DQ<:umentsas to any detail •. or th~ ap"",rent omission fromthemgf
a detailed. des.~riptionconcernihgany work to be doneandmateri;ils to be tUfOished,shali be regllrdedas
me.Ringtnat only best practices are.to prevail and only materials .and workmanship of the b~t Cjualityare
to be usEllf in the t>erform~nce ohbe Work,
ARtiCLE ~O!t!lE.!-ATION. INtgRPilETATION ANi> lfl/l'~Nl' Of 00l'!:r:RACTDbCUMENTS
3.1 'tist~e intent of theSp~jijcatllm$ aodOr.wings to describe •• complete Project to be const~ucc:ed in
ac¢ord~~ce 'Nit!> thecC"ntract PgCijments, The Contract Dol:~mlilnt$ comprise t!>eentireContract
between .the. OWNER. and the CONTRACTOR. They maY bE!.altere~ pnly by a modification as defined in
Article I.
3.2 The Cond'act Documents are comp'ementary; what iscaliEldfor by one .i$ a,binding as if called for by~1I
the documents. If CONTRACTO~ finds a conflict, errqr qrdlscrepancy in the Contract Documents. it
shall!. beforeproc<!edi.ngwith~l1e Work .ffecte~~hereby,. !mmedja~lycali it to the. CqN~lJL,TAN1's
.attention in· Wt'ltitlg. Tbe vari,pusContractDocu!J1.,nts al;E!cornplem~ntary;incasE! ofconflicc:, error 9f
discrepancy •. th.e more.Wingeot interpretatlo~andrequitemeritthat shallprovid" themaximumb!lnJlfltto
the OWner sM11 ai>ltty
33 The words "furnish" ant! "furnish and. ;MIl.II", "InstaW" an.d "provide"orword.Wit.h s.imliar me~ning shall.
b" int(lrpreted, .lInless otherwise·$peciflc~"y stated,to mean "furnish and install complete in place'and
r$adyfor sli'.rvice'"
3.4 Mis~el'~nllD~$ .i.tems. and accessodes ..... hich ~re riot specfflcally mentioned, ~~~. Which are J!ssential to
produce .aCO!l1plete.and properlyope~ating installation. or usablesttoct~te, pro'MiogthElin!lieated
fUnctions, shall be fUrnTsh"d and !nstall"" without change in the Contract Price. Such miscell.nllDus item~
aM accessories sbrulbeofthe s.IIlequaRty .standards,indudlngtt)~terial,style,f!nish,strength, class,
weight and other applicable c:;hal'a(terlstics,as spec1fled forthe roalorcOmponent of which .the
miscellaneousi~einoraceElssory is an essential part. and sh;illbe approved bythaCONSlJLTANT be(ore
installation. 'tl]!! abQVerequir,ement is not intended P> i\]cllI!l~\H't1ajor «>mponents not covered by or·
inferable from the P,.,j!¥jngs arid Specifications.
3.5 The Workof.1l tr~iles1J!tdertj,is Ccmtract shall bEl coordinated ~y tMCONTRACTOR in SUch a
manner as obtain the best wor!<Inanshll' possible forthe Iilntir~PrQject.and all <omponents of the work
shall be Inst;llledQrere~te!l in accordance with the beSt practices Qf the particular trade.
3.6 The CONTRACTOR shali be responsible for m~ing th<;iCOnstrUction of habitable structures under thiS
Contract ra,iJj i>roof. ~nd for makingeqpipment and .uti.!ity iJjS(ail~tions properly perform the specified
ftmetioo .. If the CONTRACTOR is pr,eventedfl'omcomPlyiog with this provision d~e tQ the DraWings or
SpeCifications, the CONTRACTORshal/immediatelyn~ti(y the CONSULTANT in Wt'iting of such
limitatiqris before proceeding With constr!Jcti9nin the ar¢a wb.ere the problem exists.
3,7 Manuf~~!lr,er's litllmure.'I'lhen referehced.~h.all pedatfad and numbered'and.is i"tendeclWestabli~J1the
minimum requirements acceptable~ when!!ver refetenceis given to codes. or stal1d.rd·speciflcatio.ns:Qf
Page S2 of .73
thomas, Fd~~ep_e
0l-23~15
3.a:
3.9
3.10
3.11
\>th!!t data published by '¢gulating ~n~i!!S oraccept!!d. Qr~a!litad\>n$, jncludiJ1~ but not lin'li1;edct!
Nationalllrectrldtl·. C()de; appli~i!fe~at!>BuildingC~'ile,F[\>tida BtlildlngCOd!!, Federal Sr;ecifllOations,
AST.M Specifications, ~adous.lnsgMe.pecjficatlons •. and (be like, it shaflbeund!!rstoodti1.atstl<;/1
reference is to the lates~editj!ln Including.add!!ndain~ct ~n the date of the Bid.
Brand namesli'ihere used in the technicarsp~IIj~~~iqns"ar~ inten~ed to den()t(;1 the standard or .quality
required for thl\ particularmate~ialqrprqd.uii.t, ·:rheterm'·equal~ or "equ;Yalent':' when used in
connection with brai1d names,shali ~.e interpr~edJ;ol11eana material orprq!luct that. is similar and equal
intype,quality, size,capadty, compOSI~!o:n, f!Jj;sh,colorandother applicable ch.ract!!ristics to the. material
or produtt specified bY trade namE!, lIndtbat Inuitable for the sameusll capable. of performing the. same
ftJoctipn, io the. opinion of the <:;ONSULT.o\NT, as th" l11ateri~1 orp,,()du~.so specified. Proposed
eq~ivalent items mu~~ Q~.~lil1ro;>ved by CONSULTANT bef()ret~!lY are put,based.or incocporatlld in the
Wprk.(\I\Ihen a brand 'n~n'le,· <;a:ta!Pg number, melde! number;, orelth.er identifl,ation,. is used Withqutthe
phrase )'or.equal",th7 CONTMCTClR shall us!!. thebra:nd,m.l<eanii 1110dl\I specified).
Through.o.utthis i1gfeetJ\ent the male. pronoun m1/.yqe suPSti~utedfljr fe~aleand neuter .and Vice v!lrS"
and ,thesing~larwqf4$sub$lituted:f'orplurar ~nd pll)~alwgr'd$ 'substit)Jted for singularwheNver
applicable, .
Alf ted\nl~al int¢rpr'etations shall bemadeby the CONSl.JLT ANT .asset forth in :Se~tlon 9,3 beIQ")(
The CONTMCTOR shall adv,sed the CONSl.JLTANT; ,prior to~orming any work involVing a~onflict
in the COntract t;lo.cuments and the CONsULrANT s.han inake.t"efj!laldecisionasto wnichQf the
dt!~tjmE!rt~ sballtake'precedence. Inthe everttWatthere is. f;onflict ~etween'Oramortg thtl Contract
Ddttlirn¢OtS,qplY: thel~test versionsh~1J applraO.d ,tltelatest. version of the ConC.!"'\!1,CDocuments. The
cONSULTANT shal.1 use the foUp>ving list .Qf Celntrac.t Documents as a gUide, The.\! documents are set
forth belowintheo.rder of thflit prec!i<l<t()ce so thatalJ 'the documents listed .bq,," a gillen d.ocurnent
shOuld have preceden~eo"er all thedocUIli~ntslisted b.e1owit.
<al Change Orders
(p) Arnendments!addendatel Cpntr.a
(\0) suPPlemen .. tary. .C. \>naitiol1s, i.f .. an. y
(d) Contra(:t with all. J;idllblts thetetc>
(e) GeneralOonclitiQns·
(I) Written orf,gufeddiri)ensions
(g) Scale<! dlm'!!nJions
(h) Orawing5 ofa larger scale
(il OraWingsola smaller scale . .
Q) Drawi~gs .and Specifications are to beconside.rE!d ..:Drnplementary .to each.other
ART[CLJil4 ,,;AYAILABII.IT't OF IAND.S SUBSURFACE CO~DITIONS. REFERENCE POINTS
Allaililb!llty 01 lands:
4.1 The OWNEIi, shall furnish, as. indicated in the. CQll.taa DQ~!ll)jents, the lands .upon which the Work i$ to
be done, tights,of·wayforaccess thereto, and such other'andfy..hich are deSigned for the"se of the
CONrMCTO(l,. "asemen.t. for perm;lnentsttu.¢ture~ elr permanent changes in . eXisting fadlities. will ~e
obtained Jlndpaid fOr by the OWNER,unleSS' otberwiS'¢sp~ifiedin·the Conetaa Documents .. Other
ilc:¢es~ to sucb lands or rigl!ts,of,way for th.e CONTMCTOR'S convellienceshallbe the responsiQility of
the CONTRACTOR. .
The C0NTMCTOR shllil provide for ail aQdij1j()oaiiands and aCcess theretotitat may berequirild fpr
temporary ~o"'mQct!()n fatilities. or storage: ormaterial and equipment. .
4.2 The CITY will, ~pOn requ~"'fllj'"is.h t() the Bidders, copies of all availablebo(lndary $urYeysand
subsurfacet!!stsat. no ~O,st.
·Subsurface Conditions,
4.3 The .cONTRACTOR ac~nowledges that he . has illYesti~ted 1>,I<1r to biddiljg and satisfied hln'lself as tQ
the condltiqns ,affe(:ting the. Work, including. but not limited tothQse bearjn~ upq!i!l'ansportation.
diSpos.I, h~ndUl!g 1I.nd .torag!!! of matedals, availability of 'abqr, water,eleCtric, power, roads and
ullcertainties.ofweather, river stages, tid!!S, Watenable.s or similar PhyS.icalconditlons at the site, the
cdnforn'lat/onand conditlonsoHlte ground, the c.hara~r of equipl)'lel'ltand faciliti!>s neE!d~ preliminary
tQ lIild during pros",cution .of the Work The cqNTRACToR f!lrt.heracknow!edg!!S that he has satisfied
hlmsei(~ tolhe charaaer, quality and. cruantitypfsul't!~e and subsurface mate~ialsor pbstaclestobe
entOlil1ter.ad insolar as this informatiOn is reasqnaqlt'as¢ercail1abl.IlJr\?m an inspliction \?f1ihe $ite,
Tho~ f. P~p,~
02'1l~1'5 '.
Page 53 of 73
ind~dil1g all $(plpratpr:y work done by~he OWNE~CON$ULTANT on the site or~rly cQntiguous site,
il$welr as frominforll\.tion. presen1:!'!Q: IlftheDraw!l:Igs andSpe~ifttations ll\a~lil. pat't of this C~ntract, Qr
~~yothet informatronmade ayail~blefQ Itptior to .receipt Qfbids. Any ~lIurel!y the CONTRACTOR to
acquaiO, itself with ~heavaIlal:!l"';nfol'i'natipri shalt not relieve .it·from resp(lnJljllilltywrestimadrrg pro~etly
thediffiOlltyor cost; ofsu.c.cessfUlly performing Work. The OWNER~ssumes no responsibittty for any
conclusions or 'fnte~pre~tions.made bytheCONTRACTORiqn ihlOpas;s of the Information made
available by the OWNER/ CONSULTANT.
Differing SitE!: Conditions'
4.4 The CONTRAcrC)R shall within fo")' eight ('Ill) ho.urs 01 its discovery, and before .such c.onditions are
disturbed, O(ltifyt"e CITY In writin~ of:
4.4.JS.ubsut{il¢e (lriatent physical conditlo.ns aHhe ~.te differing material!yfrorrlthOse llii!;cat"d'in tbe
.Cpntraq: "Doel/ments, and
4,4:2 Unknown .physicalconditkmsattnesite,ofan unu.su~1 natur!!,di!ferlnll materially from those
ordinarily enc.ou·ntered ~nj:lgerje!'i!lly ioberellt.in V\1ork ohhecharact!:lt provl/:led {PI' in tn!.. .
Oontract. The'CITYsl\a\lpl'i:irnp.tltinv.estigatethe corrditions,and if It/l.nds that sucheondltions
gO materially differ~the <lli:~nta,sto Ca~sean irrereaseor de~.rea$e.infhe CONT\l.ACTOR'S cost
of, orthetimere~oi~fof' p!rlormanceofany part df the Wi:)rk Ulid.al' thisContrad. an
equitableadjus~!1lent'.shall Qe Il\.ad.e and the Contract modi1led in writing aCCQrdingly.
4 .. 5 Nodaim of the CONTRACl'Oi\ under thistiausesbaU,b;~alJow,ed u.nless the CONTRACTOR has. given
theMtice req4lred'in 4.4 above: provided, however, th!!'tlme~I'<lS!lribedtherel(lre may be extended by
theCtTY,but Pnlyirdptl'e in writing signed by the City M •. n:i$er1ir the CONSULTANT.
ARTICLES~.IN$\JBANGEContractorshallt<lmply with thll il1sur~nce requirements set forth i.n. the
SupplementaryCbtid.itions 1:0 the· Contract. . .
ARtiCLE 6-CONJ;RACTQR'SRE$PONSI~iLITIE$;
SuperviSion and $uperiQtende'nce;
6.1 The CONTRA'¢:'TQR shalisuPl!rVise aI;(Q~lte~(heWqrl<. I~ sbalJ be~oJely resl'.on$lble for the l\Jeans,
Il\~bods, ~echniqlJes, sequ"nces~l')dp(ocieQur~ of CQnstructien .. The CONTRACTPR sh~11 employ ~nd
majotain. qualilfedsuperVisor (lr s!!pel'\htendent(herelnafter referred to as "Su:pervisor" .~tth.e Work
site whashall be designa~ed in Wrii!"gby the .. CONTRACTOR, !before the CPt\lTRACTORcommences
the Work and within th,. til\loareqliireqbytl\e Co~tril~as,~he OONTRACTQR'S. represe!ltativ~ lit tije
site. The SWpervisor 'If so ~esi;natedshail bave fullauthodty to acton. behalf ofth!! cON1:RMTQRand
alicommunicatlons;i~llnto tile Supervisor ·shall be as binding as ilgiven tQtne. CONTRACTOR. The
SuperVisor(s)sh~n b~. prGsent'''t eacinite at .0 tilnesas required to' pe!'!'orml!.dequate .sullerosion .anQ
coordinatlo.nQfthe. vYQrk.(Copies of wrlttencommuniCatiQlIlgivento th,,$upervlsor.si'fall b.e mailed to
the CONTMCTOR'Shom~officll).
6 .• 1.1 Thec;'ONTRACTPR shall keep o.ne record copyj)hll Spec(fi¢atiolls, Drawin;s, Addenda,
MQdiff~ations andSh(lp Drawings at thesi'e"at all times. aM in !1o!>dorder and ~nnO't.ted to show
all thanges rna!!e during ):he const~u"tiO'n. ~fO~~S~. Th~~e~ll~lib.i11i~~i!a~J .. tolOh", CONSULTANT
and any CITY Representative atallr!!asonable times. As:e~ of "As' Sui It" drawings, as well as the
original ~p .. ciffcations,Drawings, Add~rrd~ Mod1!it~tiQ"S and Shop Drawings with annotations,
shall be made available to the City ilt allttln!!!l and it $h~II b.edEllivered to the CITY upon
completiOn of the Proiect.
Labor. Materi.I, andE'lUi~ment:
6.2 The CONTRACTOR shallpro1i/<!ecoIl\PetEll:1t. suitably qualified personnel tolay <lut the Work and
perform constructiOn as'reqliir~ by the Cpntract Documents. I.tshall at.lltimes .maintain gQP.d
diScipline andordljr'at thes;te.
6.3 The CONTRACTOR .shall fu~hish all materials,. equipment. iabor, transportation,constru.ction e'luipll\etlt
and machinery, tools, applian!:es. fuel,p.ower; light. heat, local .telephone,water and sanitary f;jcilitles and
oll.O'eher fi!.cillties and incjderl~ls necessary for the eXE!:Cutlon, testing, initial operatiOh and t<lmpletion of
the Wor!!.
6.4 AlIll\atljrialsaljd equiptnentshall be. new.~cept .. s otherwise pro~ided in the Contract .Documen.ts.
'IVll'en spe¢ial makes Qr grades of material which are norma)l)' pa~kagedbY the supplree or ·tn.a[iufa~t1rer . , . --.,'.~,
1J1:<)masj:. 'Pepe
1I;l.2l·1 ~
6.5
~re ~psCified or approved. suchma~eri~lsshall bedeUvered to the site in their original packages or
cQn~iner'w1thsealsunbroken arid.lilpels in~ct.
All materials and equipment .lIall beaPl'lied, i"stal!ed,~onnected. ere<:ted •• ped. deaned and conditioned
in atcordance' \yi~h tile instl'llctlons of theappllcable.'manukcturer, fapncatQP, orprocessQrs, ~tE\ptas
'oiherwiseprpYi'~edi!l,the, Contract Documents;
WOd$ Matf\[i;\b. Eqlli~ment:.Pi;oducts and SlJbstitUti~n$:
6.6 Materials, equiPment. and products Incorpotatedinthe work must be approved for ,os.", be!Q(l\being
purchased by eheCONTRACTOR. The CONTRACTOR shall submit to theCONSUL:TANT Ii. list of
proposed maJ:\!rials. ~uipment orprod\l,t!S. together with such samples umaY be necessary for them to
determi)1etheir aq;eptability a.nd(!il>~in their ap~royal ..... iJ:hin ,ninety .(90)~alendardaysa:fu>r award of
Cc)~tra~unless .<itberwisestipulatIi!9 incne Sf1~i.~1 qonditi .. ns,. Nt) requestfliltpaymE\tit fpr, "or ~ual"
equipmen(will be approved until thl~<!isthas b~n rllc!lIved and.pproveQ~yth!1 ,CONSULTANT.
6.6.1 Wbenevera material. artf"le 9!"pl~eof·!iqtllpme.ntis.identffied on th!' Dl'aWing$or Specification~
by refE!rence~o brand nam.Ei<orCilt~log number, It sh~Ubeunder$t09<lthat this IS referenced for
the purposeofdefin1l!! the penof/nance or'ofller salient requi~emel1ts and that 9ther products of
~ualcapacit.ies. qualitY 'and .functiOn .shafl be:~~nsidereil. TheI;:ONfRA.CTPR ·may recqmmend
th: substit~tioriofal)1aterial.articlei or piece Clf$quipmerit of equal substanc;e and function for
those referry!dto iJlthe<;;ontract. Documents by refel1lin~to brand name. or cat,lognum",," •. a~d
if. in theopiriiQ.noftheCQNSUl TANT, 5uth mat~rial.~rtitle, Qr piece of equipment i~ of.equal
substance and function to that specified. the C(,:>NSl,IL TANT may.pproveits substit~tiona:n.dose
by the CONTRACTOR. InCidental changes .or ,e><tra ,¢qmp",nent parts required to aCtommildate
the substitUte will be. made. by the CONTRACT<~!lc withl;i~ta change In the Contract PriCI1 <lrtJ1e
CI'>"ttact'Dme.
6;6:2 N()~ul>$titutesha.U beorder .. d or install"dWii~out the written approval of the CONS.\.II. TANT
whoihall bethejudge.ofquality, ..... . ,. . ..... .
6.6.3 Delay cau~ed by obtaining .ppr()~!~{l;irs\!Jj.stitute materials shall not be considered iusti~al>ie
gpounds fpr." ext'ili\siQh\)t¢C!n~tttlcti!m tim!>!.' . .
6.6.4 Should. arty Work or roatetials. aqoipmentor products notco?formtc) requirements of the
Drawings and Spedfica(l\)n~.Qi' becomed.magedduringthepo:qgress pftheWork.such WQrkor
materials shall be refllovedand replaced, top<lr vvith any Work diSarranged bY such alterations.
at anytime.before~oinpletiQnand acceptal1ceQfthe Project. AlisuGh W",rk sha.lI. be done at the
expense of the CONtRACTOR.
6.6.5 No materialsorsiJppli¢sforth¢'lYQrk shall. bepurehased byth.e'C;:ONTRAOO.R or aily
Subcpntractor $!lbject toa"l cha~lmo~ageorunder ~'¢qn<!ltiOna!.s~l¢ or\)theragreem.ent by
~hichan hjteresti$ retained I:!y the Seller.,!,h\! CONTRACTOR warralits. that they have gOod
~itl¢ tp allmater~alsand supplies used[j~ t!remiiJ ~h\! W~tk,
6.6.6 Non-c!llnformingWork: The Ow .of ~outh""iami m~t wi~hhc)ld accep~nceo~or rej~ items
whicha~e found upon 'examination. n9~ t9 fIl@t the~pe.<:ifi~atio" requirements orcQnform to the
plans and drawings. Upon wrim;11 notifl~~tioll ~hei¢ctl~n,i1:ems shall be remo'ledorunihSe.lled
within flv.e.{5) business daysl>y the COI'FRACTORat his own expense and redelivered andlor
reinstalled at his expense •. ~ej~edgOoqS lett 10l!!er than thirty (30) calendar days shall be
regarde~as~bandoned and tb¢CI'1'Y shall have the~ight to dispose of them as its OWn property
and the CONTRAI;:TOR ther¢bt Wl!ives~ny ~.I.'lim to the good or to compensatioO of any kind
for said gqods.R\ljectionforn<!O,conformance:or failure, to meet delivery 1Iehedules m;ly result i.h
theCONTRACTOR!le.i.ngfqundind~lault. . . . ...... .
6.6:] In ~a:seQf!ll!faolt~ythe CONTRACi!'QR •. theClo/0f South Miami l)1aYl'l'ocuretllearticl<iS or
senilces from other $ou~esan.d hold theCONrRACTORre~pons(blE! fot any ex~ess COStS
oc~asiO!!E!.!:Ioi'incurredthereby •
. 6.6.8 The CITYrl!SEinies the right, in the event the CONTRACTORcanoot provide an item($) or
serylce(.) in a timely manner as r~uested, II'> obtain the ~olidand/or services fr.,!nothejo spurees
and dedllctipg'tb'e cost from the,Contract PI'ite without Violati.nl:the intent of th.\'! Contract.
Concerning Sobcontr~r$
6.7 Th.e CONTMCTDR.shali not employ any StJ~cOQtractQr.agalh~whom tbe CITY .or the
CONSU~TANTmay have reasonable.obje<:tiof\, nor will the CONTRACTOR pe r~oired to,employ.any
PageSS of 73
Sub~ootrattQtWllOJ\a. been accepted by the CITY' and the CONSULTANT, unless theCONSOLTANT
<Iet~rmines that there i.good ~u$e f¢r<4¢ing;so. ..
6.8 T/1~ CQNTRACTORshal' be fuJIY'·""sp~.~s!b!7for all acis.and omt$si(m~of its. Subtl>ntractorun(i of
per.onsalldorganiZlltibn~'!Ore<t;lyor indirectiy employed by ita!,d of p~r$oQs and organl~atiollSfor
who.seactsany of them may bel~ti;ltothe same extentthattheyarl\ r~ponsible for the acts and
omissions of persons qjrectly eropl.~ by them; ·Nothin~inthtlContrac;t Docum~nts shall. create any
contractual relationship betweM QWNER or CON~ULTANr ao.daoySub.coritractor .or otherper$on or
organization ha')'ill: .aqir¢ct contractwith CONTRACTOR,l)ot ~hall. it create any obligation on .the,part
o(OWNERorCONSUL TANT to payor to see topayroentofatiy persons due. subcontractor or other
person ororgaoiZlltlQn;exclilpt as may otherwise be r~'iluired by law. CITY or CON5ULTANTmay
furnish to anY ~ubc.ontractQr <lrother person .ororgao!:tlltion, to .. the .extentl1racticable,ev)d.mce of
am9~n~paidtoi:&e CONT~CTOR on ~<!count ofsp!l<:ified Wl)rkd.one inaccordan¢e Wi~h .the
sqhed~le v~lues;
6.9 rilei:Jivliions and .sOOl00$ .ofthe SpecificatiOns jlndtheiaentifi~ationsofany Drawij\lls~ball no.ttQritt<i>1
t~!lCONTjlACTQRin dMdin:theW9r~a!ilongS~b.contractQrs. ordelineatin~ ~.Il W<)rl$performed· by
allyspeciflctrade.
6.10 the. CONTRAC;:TQR agrees tl> bind$l'ia<:i(,caUy evegSubcontraetClr to the ap,pli<;ai)I!! ~er!ils and
conditions of the Conttact Documentsfor the beneflt of the. OWNER,
6.,.11 All Workperforme.d for the CONTRACTOR-by a S.ubcontractorshaU be pursuanttoan appropriate
agreement bl't'I<i!!<ln .. tlte CONTRACTOR and the Subcontractor,
.6.12 Th~ CONTRA"TOR ,shall be responsible for the coordination of the tl'ad.es, 5.ubcor;ttractQrs matenal and
men eng~ed upon their Wl>rk.
6.12.1 the CONTRACTQR shaUcause appropriateprovlsi¢ns to be Inserted In .dIsubcontracts.r.elative
to tl)eWQrk to bi.nq Subcontf.actofS. to the C;:()NTR,ti;cTQ!i;.brthe (erms oftheseGeneral
Conditions and other .contrattDocUmI)DCS'ibs.91aras. appli9'abl~ tQ. theWork of Subcontractors,
and. give tbe CQNTRACTOR the s~me PI>'lVElt ~~. '"gards t"" terminatin§ anysubeontra:ct that th... .
OWN.E:R may llXercisS .over the ·CQNTRAcTQI!. under' ai!yprovislons olthe Contract
Dpcurnents.
6,12.2 Th.1! CI"fYor' CONSULTANTWlnh()tun~ertake tOS!ittleany dillere"c .. s b.etween the
CONTRACTOR andthe'r Sub~ontrac:tprs otbetWen Subcontractors;
6,1).3 lfin the opinion otth .. CON$V~TP,r-lt, ~nr SJll>contt\lc;tor on the Project proves to be ... .
incompetent or othel'Wiseu.n~atisfac;tory, they $ball be promptly replaced bythl>CONTMC10R
If and when directed"bt theCONS.UlTANTin writing, .
6. I 2A Discrimination: No actiqn ~h.an beUkl'" brlhe anYsilbFontractor with regard.to thefOlflllm¢nt of the
terms ofthe.subcontrac;t,iMltldlng the hiring arid Tet!,Qtlon of employees for the penOrrnaitce ofWork
thatwoulddiscril1)lnateagain~tany perSOn' on thepasis of.raclil, coior,.creed, ttllJgfon, national orillil),SIlX,
age, sllXual orientation,. ~!ill.lial 'statUs or disability. This paragraph. shall. i:!e roade a part of the
$ubcontrac:tor's ¢ntractj,v,ith ih.eContractor.
Patent Fees and Royalt'es!
6.1 3 The CONTRACiORShailpayall license fees arid roYaltjes aO<! as$om" ail casts incident to the use ohny
invention; design, process or device which is~he su!ijeCt of patent i'lght~ Qr ~QPyrighf~ held by olhers, He
$hal.i1nder!)nifyand hold. harmless the OWNERalid:tl)~ CON$l)~ TANT and allyonedirectly or indirectly
employed byeidrer Qfthem from againSt aUelajmplamag!'s, 19sse. aM i!Xpenses (includinltattorney's
f.) arising' out of a~tiri&ingemen~¢fsuch rights duri~g or .ft!!rtne completion of the Work, and .shall
d~fenQallsuchc~ims in connection Wit!! any .• IIIl~infi'lrigE!ll'lentofs.uch. ~i$hts.
~.!it The CONTRACTOR shall h\! !,«sponsiill,lifor det!ilr!i1j?i~lI,the appileatiO!IOfPatent rights and royalties
materials, appliances, amCiesor sy~ems priQr t~r~idiIJ"g. Howev!!r, he shall.not "be responsible for such
determination .On system, whiC:hC!"notiriyOhie.putd!as<\ by them of materials,appliancesand articles.
Permits:
6.15 The CONTRACTOR shall se<:;ureand pay for all construction permits and Ii<zenses and shal! payror all
governmental chargeHndJnspect[onfees necessary for ·the prosecudon o!the Work, which are
appliCable at the time of his Bid. Wit,,!! s.uch charges are' normally made by theCITYandwhen SQ stat~d
iiJ the$p<!liJ!al¢:olldItIOns, there. will !leno cMrgesto the CONTRACTOR. The ClTYslJa.1I ~ssist the
.CONTRACTQR. v'!!)eIl necessary. in obtainiQg such. permits and licenses. The CQNTRACTORsl)ali.lsp
p~y .I! pl.lbli¢ Utjlity charges.
Thomas,j:. Pepe
~2"~3"J$
ElectricalPoWl!l' and Ughting;:
6;1,6 EIAA(ri¢al. p.Qwer-'rl!quired duri~ con$trul'itiQn ~han be prQvided byeac!> prime CONTRACTOR as
I rtlqu,i.rEld~yit, This servicesha.1I i>a in~lIeci byaqualifledt\l!!Cttical CQntractor approyed by the
CONSULTANT. ti~tl!Jg $hall'bepro'tided by theCoNT~CTO~ In all spaces atall times where
necessarY fo£.good an,dpropllrworkmansh!p; forinspectionor for safety: . No temporaryPQWer s.hall be
used off temp.orary lighting lines without sp'edfic. approval of th .. CONTRACTOR.
Laws and Regulations:
6.11 The CONTRA<;TOR shall comply withal' notices, lay(s, ordinances; rules and rllgulatiClnsappllcable to
the Work. If th.eCONT~CTOR ObServIlStbatthe~peciij¢atIClnS orOmvl~gs areatwian~e therewith.
it shalf give theCONSUI.TANTprompt wrl.tten ootlcethereQf. and any nec"ssarychangesshalLbe
adl~stedbyan app~opriatemodifi<:ation. If thecONTAACTORperlorms any YVorkknoWiOg. it to be
cq'ntrarytb s.uch.laws, ordinanc~. !'ulEis .and regufatj(m~.and without such notice to the .CONSULTANT,
It$~afl.l!l!ar a//costs arisin~th<1re(r"ro: hOlYE!veriitsha//notber~ primal'}' re$pPn~jbilitYto make certain
that the Drawings and SpEidfl~~tions ~e Ina~cordanc!! With $lIch taVi,S, ClrdlnancEiS. rullOs and regulations.
Djsc;tlmin'iltibti: '
6.17)1>, No action shan be taken by tire Co!).tral'itOrwithrllgardto the fulfi//m.ent.I>Hhe wms. ofthe Contract,
including the hiring and retentioQ qleFl:lployeesfodheperlormancePfWqtk that would discriminate
against any person on the basiS qrrace,color. creed. religion,. nati(lilal (lrlgin. s~, .age; sexual orientatibn,
familial status or disatiilltjl.
Taxes:
6.18 CO$t of all .app.lic~~;I~ sal~;s, ;co~$umer llse. and. othert;llfesfJ;>t vibich theCQNTRACTOR is lia.b!e tlhder
t.he'CPlltract sl\al/ ba.induded in the. ContractPi'i,ce.statbdbttheCONTRACTOR.
Safety"nd ITQtectian:
6.19 The CONTRACTOR shall be responsmle far. in'i1:1ating; n"*itaihlng~nd superVising ~II safetypr~aut1<1i1S
ar:fd prQgramsinconnection with the Work, Ti)ey snail tIIkE!,a.1I necessal)!precautions for the safety of.
and shall provide the;neceSsary prot(!ction t~ preV~i)Mamage, .injury or los$'to!
~.19J All emplayees.an~other pe~so(ts, who may be 1Il'fectedmereby,
~.19.1 All the Work and .~lImaterlals or eq\J!pm~.nuobE!incorporated th~reln, ~ethllr in storage .onor
off the site, and
6.19.3. Other property at the sitE) or adj.centthlifet</, ill~lud'ng tre!iS.sh~~bs, laWnSi walks, paYem~nts,
roadwaYS, str~~tOres and Qtilities not designated fbrremoval,relClcatib n .01' replacement in th.e
course 9fcon$tructi!;I"n.
6.20 The CONTRACT01t s!talldes!gnate. a responsible mem~erof their o~riiZjltionat the .ite w!loseduty
shall he.fheprev.e!!Ji9J) of a<:cldents. Thlsp"rson.'~hall ~e the CONTRACTOR'S Sup!lrlntendent unless
othetW.is"" designated in writing by the CONTRACTOR to theC.lrY.
Emer",ndes,
6.21 In erneil!lncies affecti!Jg thesafetjlof personsorthe WClrkor property at the site ~r adjacent thereto.
the. CONTAAcTOR, withoUtspecla! instru~lon Or a.utho('lz;;tionfrom the CONSULTANT. or CITY,is
o~ligated t" act..l1t his discretion. to prevent thri!latenepdamage, injury or Joss. He shall giVe the
CONSULTANT promptwrftten noti~e9hnYligoil!cantchah.es.lnthe Work or deviations frqm the
ContractDQcuments :caus.ed therebY; . If the ·coNrAACTQR Qelieves that additional Work done by him
[0 a" emergency whiGh arq'Se ftClmcaus~' beyonet hi.~<:ontr.oJentitieshim to an. inctease In the Co~tract
lTice or an~tension of the Contract'!'ime., hamay mak!>a claim therefore as proVided in Ar,tiq'llS ,II and
12.
ShQl> Dravvin~ and Samples;
6.22 After thei:king an'tt 'V"fjfy;"ga!l~eld m.easurem.ents. tne CONTRACTD.f!. shall SlIbmittp the
CONSULTANT fbI' t'Ei'iieW. in ac¢ordllnce with the aaceptedschedQle of shClP drawing submissions,six
(6.) co. p·.,.es (0. r .. a, ·.t ...... t.h~.tO ..•. NSU. LTAN. r .... 0ptiO. !t. on.,.e. rep.rpduclible.cqpy.). Ofal.'ShOP .. D .. ·.raw.· ... In. g .. s, .w .. hi .. ~h .. s.h. all have been checked by and stamped with the approval o£the CONTRACTOR. The.$hop Oraw,"~ shall
b~ ilumberedand identif\ed as the G;.ONSULTf!lNT may require. The data shown em th.e S)lopPfa~ih~
T\I .. m"F.pep'~
~~'23.1$
sh~U be complete with res\lec.~todhjjen!i"ns.design.critl'ri~.n'1~)j;!rl.a.Is of constructl.on and th!> like to
enable.the CONSULTANT .to teview the inform~dbn Wlllr!)~t anY unnecessary investigatiOn.
6.23 The CONTRACTQR!.Ml!al~osubmitto .the cqN~USTANT for review, with such prq!llptnes$ .as to
caus.e 0.0 delay in Work.. aILsampi~requlredl>)' th,t\C!)ptrailtOocumencs.
All. sample$shall tla\,eb~nchecked :bYancjstamped With the approval ,0ftheC;ONT{l.ACT'OR,idencilied
clearly a~to l!1atlifial, manufacturer, 'any pei'tiile~t liatalog numbers and the lISe fOr Which intended.
6.24 At the time meach suomisslon. theCQN'J'f\AGTOR shall notify the CONSULTANT,. i.ll writlng,.of any
deviati,oJisj)etwe,en the Shop DraWings O. samp.I¢~ and· therequli'ements of theContract.bocuments:
6.25 The CONSULTANT shallre~iew with responsible promptnj!SsShop PraWings and Samples, but his
~eview s.ludl be only for conforman!:e >/\'Jth ihed!!Sign concept of t.h~ Project.~nd for compliance with thl!
information given in.theCdntraC!Oo<!uml!nts. The review of a$~llarate IWn aHuch will notihdicatEl
review pf thetssllmbly in Which the items (unctlpns. The QONJIViCTOR shall make allY ~orrectionS
required. brthe C()NSU~T AN;fands~~1I return the~)1lreQnlimber o~ correct~dcoflies ,of Shill!
DraWings .1Indr~ullf'\Jitn~$ampJes uritilthe revlawlS satisfatt0!1t.Q the CONSULTANT, The
CONTRACTQ!\ ~ban @!ify thliCONSULTANT.Jn Writinillofany prior Shop Drawing or:~visiOn'$to
Shop Drawings tbat~re in conflict With each submission or .re •. submlssion. The CONTRACTCiR'S stamp
of.approvaJ onJ!l1y~hopD!'."'inll$ ,0~s~mp.leshan'cC>~Stjt~~'rep~~entatlon to the CITY and the
CONSULTANT thatth", CONTIViCTOR has eidllltdfltermined .• nd/'lf ~erified aliquantitiEls. climension,
field con$tru~tipncriteti", materIals. catalogntlmbers~nd ,similar ij.tapr ttrey 'assumefuUtesponslbility
for <jOingso. and.lhat tbey have reviewed Or cOdrcji.n.ated,eachShop Dfawing or. sample Wi.tbtbe
r~qulrem~ntsof'theWorkand the C~ntra¢t Dl>,~ii!11ents.
6.26 NoWork req.u.irin~astibmittalofa.Shop DfI!wihgcorsample ~h.n,be commllnted until the. submission has
b~n reyiewed and approved in wri~ln8 by<the CON$ULl'ANT. A copy \;!fe~.~h Sb\;lpDrawlng .and each
approyed umpleshallba kept;n ~ed prder • .In .• book or bind~r, iotllrO/1'olqgicalord!!ro)' in such other
oi'derrl'qulred:bytheCON$UL.tANT in. writingjbyfhe CONTRACTO~atthe slt .. ·and shan be. available
to the CONSUL TANT.
6 .. 27 The CONSULTANT's r~~ie'i\' of Shop DraVVingsor samples "hallnoe t"neve the CONTRACTOR from
his responsibility for a.l'I)' <I~i.tl')fjsfromthe req.uirements ohhe Corttr~¢t[)oc~menl1iunless the
CONTRACTORllasci~'orl)'ledtheCqNSULTANT, in ""riting. (0 ",.ch daiiation at the time of
submission ,amI t~e CONSUL T'ANThas given writt",naPprovaltothespeliiflc deviation. nor shall an)'
reviewbycheC.QNsUL TAf\;JT ~nevetheCQNrR:AC110R ffllm respqnSibilicyfor.errors or omissions in
the Shop DraWings or sample •.
6.27 A The CONTRACTOR shall b.eliable to the,OWNER f9r aJlycaddition.r cost .01' dalar that is .caused by .I~s
f~Uute~~ no~if)'th.eOONSUL TANT of anyofsaitl deyi.atiol'ls or conflicts between Shop Drawings or du¢
t(!) errors I" dli! Sh~p :DraWings or samples.
Cleaninl Up:
6,28 The·(:ONTRACTORshall clean uppehin4theWotkas Jilu~h'as is reasonably pos$IQle~Hhe Work
pr<l~esses, Upon completion of the Wo:r!<.andbilfore acceptance offillal payment for theProjectpy the
OWNER. the CONTRACTOR 'sh~1I remove aU hi$ $urpfusand discarded .materials.excavatecJ ·mat¢rial
and rubbish aswellasrallother m~terialahdequtpm"ntthat does no.t forma partohhe Wor",fron'1 the
property, roadw:.rs, side\V<lll<s. parking areas, lawn and .• Uadjacent propei'tY_ In.ddition.tlte
CONTRACTOR '$l1all clean hisfiol~tlonof Work.involved inany.bullding under this COntratt, so that 00
further deanil1gby the OWN.ER 1$ necessary prior ~oits o«upan<,y ~nd.he JhaU restl1re aU prop.erty. both
publicand priVate.Whi~h h~beendisturbed .or damaged durIng the pro$.ecutionofthe Work $0 as to
leave thE! Wl191e Wori!;~M Wl1t.kSite in a.neat alld presen(able co'oi;lltioll.
6.29 If thi!!QONTRACTORdQesnot c.lean.the Work.$ite" ~he OIlY Ojay ,I!>an the Work.Site of the materials
ref,erre<Jto in par;j@lph6.28 and ~hargethe cost to the.cONTRAerOR.
Public Convenf!!Meand Safety;
6.30 The CONl'RAG'1'ORshali. at all times. conduct t~eWor.k in. sO~h ~ manner.s to insure the least
practicable ob.struction to public travel. Theconileni<!n~e of tbegene~alpublil:andof theresid.ents along
andca'djac,mt tothe area, of Work ~hall ,pe pro~d~for In aslltisfactory manner. consistent with the
oper.l1.tion and local conditions. "street qosed" slgns'sha.II,heplace<! immediately adjacent to the Work,in
a consplcuo.us position, at such lo!;'ati.o\,\s .straffl!:dem~nds, . Atany tima that streets are required to be
~1~sed,~heCONTRACTOR shl!ll.notlfy law,llnfor(e!11¢nfagenci~sand inpanicular. tile City ofSo,ut~
Page sa of 7:l
If!qm~ F •. P,pet
QiI;.~~'15 .....
MIamlPol,ce D~paI"tOi!;lnt.before the$t~ee~Js closed and again. as soon as kisopel\ed. Access to fire
hydran.tsa~d Other fire extinguishing ilquipmelit shall be provideo and maintained at all times. .
$anit$lryProlii.ion's:
6,31' THeCbNl/l.ACTOR shan pr!ilvl~eor·.iteoffice,andnl\cessar¥ tc;>lIet facilitfes, sedude4 fti;lmpublic
observation,foruse 'of altpersonMlon the WOrk Sfte.\\'f)ettil!!'. or notiohis .employ •. TMyshalJ. be kept
In aclea,n and s.an~a"YtoMiti!'ln and shall comply with tn.e re,<jujrementsand~egulation.ohhePiJblic
Authorltieshavlng;!uri.lliction, They shall commit nll public nuiSance. Temporary field office and sanitary
facilities.hallbe remoi'ed up.on completion of the WQrkan(i the premise. shall be l~ dean.
IndemnificatiOn:
6.32 Contractor $h~11 complywi.th tire lndllmniflcatlol1, (eqtiil:ements ,set forth in the RFP M,d in EXHIBIt l of
the 'SupplemenWyCon:iUticms.flnsura~ce~ndindel1)nifiC;i~ion reqpi.r~m~nts).
6.33 In thE! ~nnllat any ~cti!'lnor pro~i~g is D.tO.U,~t ag~lnstOWNI!R or CONSQi.'fANTby reason of
any su.~~~laimQrijemanc!, qONTRAeTOR. ~p.\'!R written {lQtice from CITYsllili defend .such action or
proce"",lng brCQ.unsel.satisfactoryt9 QIJY.Tlle indemnification providedaboV~fshail obligate
CONTRACrOR to· defend at it •. 0Wo el(,Pll~seOrto.pr:ovidefor s~(h def~n~\>, "tCln'S opti!>n, any and
alidaimsOfliability and all stiits an.dactjons.Qfeyery name and ,deseriptio'1tn.at mayb"brpugbtagalnst
OWN~Ror CONSllL TANT, "",cl~diO$o))Jnhose claims that allege that the .ii)juriesJlroseoutof the
sole neglig!lnce of OWNEJl.of CONSQL TANT. .
6.34 TM9bliga~ionS'oftheCONT/l.ACrOR:underpaJ:~aph 6.33 shall n,,(e?<tend tQtheliabilityof the
CONSULTANT,its ag;entJ IIf employees arising out of (~) the pre ['"ration qr !lPprovai of maps, drawll)~,
opinions, ,repo~,s~""~, Cnange Orders,d.eslgnsor specifiCation$(lr (1\) the-giving of or theJallvr¢ to
give directions 01" ins1!:~ctions by the CQNSU LTANT, ·its agentsor~mll'oyee$ provided such a~ Or'
omissioni. the pril)1aryeause 9nnjQ.ryordamag~. . . . ..
6.34A All oftheforgolngind.!!mnifi~a~ion,pro~islons ,hall$urviv:e thE!.tetrtl of the Contract to which these
General ()On~i~ions~t~ apajj.lndeinlijflcationsh"lJno~ el<~dan am",untequal to the t!'lt4lvalul! of all
insurance. ~ovetag!l r~\!iredbyS.ectionS; lofthisdoeum~nf .. lndemnillcation islimitedto damages cilused
inWhol!! orin pa~ by a"ract, omissiory. or d!'lf.!l*o{#,eContractor, the ,ColTtracto":s sub¢ontrattoc,S. ..
sub·s.ub~o.ntractor$i materialmen, orageots orahy lier or their respective employees to t!,e extent. taqsed
pytbe negligence, recklessness, Or intentional wrongfulmiscon'dllcl: oftheindemnifyl)'lg p~rty Md persons
<!mployed or utilized by the indemnlf}!'lng.p~r:t)' in th.e performance oftbe constru~lQncoritr.act,
Responsibilit)' {or. Gonnliction to.,EXlstlng.Work:
6.35 It shall be the rEl$!,,,nslbility "fihe CONTRAGTQ~to~hh~ltsWQrk tQ.~ach partol the existing
Work, eXistin.bli)tdingot.Structure or .workpr!lviO",~lyir)stalledas required by the. Drawings and'
SpedflqatiOns '~Q prqvid$i complete. itisWlatlOn>
6.36 'Excavatlqns,~adIo~ftn,storm.dral~~e. paving and anyQ~h~constructionor installations Inrights.of.
Wilys of $treet., highways., public carcri\l!r lines, utUio/ .Une&,elthef aE!",~I,sur;face ,or subsurfaee,"etc.,. shil,lI be
donl! in acc"rd"ince With requifem~ntsofthespecialconditr<>ns, Tbil OWNE~will ber.esponsible for
obtaiPing alJ p¢rrnit. necessaryfor the Work clescr1b!!!:Hnlhis ~(agraph6J6 •. Upon completion ¢f tM
Wort<. CONrAACJOR s"aU prll"mtto CONSULrANTc~rt;ifiCates. in triplicate, from the proper
authorities, stating that the Workh~s ll~n~one,ina~eQrdanc.eWiththeir requiremen~s.
6)6.1 The CITYwHI cooperate With thlo QONTRACTQR io .obtain1ngactlon from ao)"utiljtles at puhlic
authorities involve";iil th"abo.,~ r!l<juiremeots,
6.36.2 The CONSUL 'rANT shall be resptlnsible for obtaining elevations of curbs and gUtters,pavement,.
storm drainage struc(u1'eS,1\od other itemswhld,must beestal:>lishfildby ,governmen.tal
departmen .. assOol\ \l.S gr;adillg oper;\tIQO$arebegunon the site and, In any ~ase. sUfficlentlyea(iy
in .the conwu<itl".opefiOd to prevent anyadversee!feet' on the Project.
~ooperationl(yjthGoY!lrnme~tal DElPartm~nts, pUlllic Utiliti.es, Etc.:
6.37 the CONTRACToR $oall be rllsponsible for making allne~l!ssary~rrai1:gements w\tl1.gove rn men tal
departroehtJ, Ptlbli~ utilities, pOQlie carriers, Service i:pmp~nies MclcorpOratloO' (bereinafter referred to
as "third parties") owning. or controlling·roadways,raUways,wa~er, seWer. gas. elE!ctrieai condui ...
t~~~bOne, andtelegrap/1 ~cilitieuuchaspav.ements.tratk$, piping.Wir~s,cables. cond~itS, pole •• g~ys,
etc!,ln~luding Incidental structures connecte~th~e\l'!it.~, ··t~.~~aftl. el\<;<!l!?tllred .inJhe 'v"ji<!r~in orc!'lnhat
s~~h item~ are properly shored, supported. and protetted,tl1a~thei:r '(ocati.oh j" ttlen.tifiep:~iJ!ltoobtain
Page 59 of 7:l
authotltrJrQ/lltht!.s& third parties fott&lo¢'tiOO i{ the CONTRA!;;TOR dliisirlls to. relocate the item. Th.e
CONTRActOR shall glyeiall~r~petnPtj~s, sh~lIeol11~ly witlt~l! req(j,rl>mentsof such third parties in
the I?etfornlance of his \1\(or!<, snail pettQlt IIntrancepfsuch tllird. p;jtties 01) the Project in order thanhey
mar Perform their nec~S~arrw()rk, aIliishallpayall charltes and 'files .made by such third parties. tortlrelr
work.
Q.~7.1 The CONil'RACTQIl.'Satteoticmis <:a!ied '1:(>. thef~~tthat there may be delays pnthe Prl:>je.:tdue
to work to be . dOne bygqveromental ~epartO')ents, .pjJblicuti(ities, and .others inrep.iring (:>r
moving »oles, cond\llts,etc, "[ne CONTRACTOR shall cooperatee With the abo)!e parties in every
way possibl¢.sQ that.the ~pnstructiQn can becoi))pleted i"theleast possible t.(me.
6.3:7.2 Tire CONTRACTOB:shalihavemadeifself~l"))iliarwithalicodes,raW$, ordinances, .and
r~ulatl\lns which in any manner .~fl'¢!:t thoseengaged.or,employed. in the Wotil. or materials and
\lquipment use Inor~pon the WQ.~~orin anywaraff~the conduct·oltn .. Wor~ andnppJea of
misunderslaodingwillQ!! cpnsidj\red ona~count aldamage or (jelay ~ausl!d by his Ignorance
thereof. .'
. Use Ptgthjses:
M!!t;ONTRAqORshallcQi1!ine its; apparatus, Storage. of mateFj~ls •. and operatipns of its workmen to th,!!
limits indicated bt'aw,ofl!IQilOCSS"p.etmits and. directions cif CG!NSUI., TANTand CITY, .and shallno~
unnecessarilyencPil!.l!er ant R~rt oHhe site or any are~s off site,
.6.38.1 CONT:~!PTG!Ji. ~hafll)Qt .<werload or permit a!1yp~.rtcifiahY structui~e to. be loaded with !such
weight as Will endanger its safety, nor sliall it subject !i:ny worRto stresses or pressut!!s th~t 1I>'i1i
endanger it. . .
6.38.2 CGNTll,ActORshali .enforce fhee rule.sandr~ula!iQl1prcinlulgatedby the CONSULTANT and
GWNE.Ras w.elf.as th~jr i.nstructlons Wltht)!gl!rd tPsigos •. advertisements, fires and sm.oking.
6.38.3 C(;jNTRACTORshaJlarrange and CQQf>~I"a(e \'ii~b CITY '0 routing and l>arkingpUutl:>nlob)Ies of
its; ~mpl.Qyee~isubcontractorsMd otber pE!(sonnei, as well asthatof.the ma.terial irenvery tr~cks
ah,dpthervehidas that come t",thai'rojl!ct SIte.
6.~~A The .~ity w,Jldesignat~ sPetifi~a~eas ern the .siteJpr st.orage, parking,etc. anif the 101> ,sit~.sh • .11 be
fenced to protect the job slte'lic;lt~!lgenera!pubj;,.
6.3.l!.S The CON"iRACTOR shall fur!1is~, In.stalland maintain adequate :o:onstructipo offl¢"e facilities for all
workersempl~yed britor byitS $ubcontr.actQrs. Temporary o.ffi"ells slralbbe provided and
located wheredirectli!d aMapproyed by.the CONSULTANT. All suc/lfllcilities shan befurnisl1ed
In strict accordance withexistil1ggov.",roing regulations. FlEildoffices $haJllnclude telephone
facilities. .
Proteetionpf Existiog Property; Inlpt:gvements:
6.38 Any.existiog$utf;t<eof·~uP~urlace,impr<lYiements. sUch aSpavem<lnts. curbs,sidewalks,pipes Or utilities;
f<rgtih~. ot strllcttll"es (Including portions thereof). tr~s.a.nq shrobb(>ry, not indicated on the Drawings
Or np~in.th.,.>Spe.:ifi(ationsasbeing rem!)Vedqralr!$t!!d'ha!Ibe protected from damage c\uri~g
constNctlol"~ftij,,Project, Anysucliimp~Overl)en(sda~ag"dcl~ring construction of the Prqject .shall
be restored at the expense of the CONTRACTOR toac(jiJditlon equal to that existing at the time of
aWard. of-COntract
ARTICLE 7.WORK. BY' OiFHERS.
7.1
73
The CiITYmJY p~~rm addltlomiIW.ork'ref~ted t~ .d1.e. Proi~ Qr nlilyle(otherdireet c.ohtracts
thereforewhichshal.I.contaln·5enera.I C(:>nditions.~iltlilar to·tbese; The CONTRACTOR shall afford the
.other .c.ontr~ct.ors wh.o are parties to such direct ¢Ofltrao:):S (or the OWNER, if leis performing the
add!tiP!)al Work itself),. reasQnabie oppprtunity for· theihtroduct[pn and stor.geof materials and
eq~ipmelltand the .execution o£Work, aM shal,.pnlpeiIYCQnnect and cOQrdinate its Worhyiththeirs,
IHoy pamofthe CONTRACTOR'S WOrk dePends up.on prOper ex.etutloo or results of the Work of apy
oth!!r cOritractoror the.o.WNER, t.he CONTI\ACTORshallpromptly report to thl!CQNSULTANT in
writing any.defects or deildel\cles in .such Wprk that render it unsuitable for the CONTRAqOR's
WO.rk.
The CONTRACTOR.~halJ d.o all cutting, firtingandp.tching.of the W\lrk that may be requireq to make
Its several Parts c!)"i))l!tog!!ther properly and fit. to reteiveorbe ~e.:eived i;>ysu.ch other Work •. The
CONTRA!:T:d?RShal[ !lqt,eMangerany Wark !)fothers by CUtting,e)(~aVatihgQr ~therwise \lIteri!lg their
W.ork~ndsh~I'Qoly~~t .or altet their VY.orkwith .thewritten consent 01 t!l"CONSl:/lT,A-Nl ~odQfthe
·other.cpn~at~(jr Whg~t! work will b.eaffeded.
~hl!mas F, Ilel">
g~-n,1S .
~&60(:>f7:3
7,4
7.5
7.6
7.7
7.8
7.9
7.10
IHIl!! performance ofaddition~1 WOI'.k "'Y.pthercontractors or the. OWNER is not noted In the Contract
D!>cuments prior tothllel(e~~ti\lO ohbe ~ontract,writt!!tl.n\lticetb!!re.qfshan "'egiven toth~
CONtRACTDR priortOsta"trn~ iiriY$uCh additional Work. ·If t~eCdNTRACTOR believes tharthe
p!!rfc:>rJuanceofsuchaddjlipn;ij Workbytbe OWNER ~C!th!!rs will cause the CONTRACTOR
. a<lditional exp.enseorelltltles him to an ;extenslon c;>fthe. Cohtract Time, h.e may make .a qll!.im~l)l!refore
as provided in :Artic;l!!s II and 12.
Wllere practicable,the:CONTRAcTOR.sllaUbuillhr\llli'td the work of other separate tOntract.o.s or
:shallle."" chas~~;slpts .and holes as reqWed ·torll~ive and to.conael!.lWifnjn tl)" general c.onstrucflon
Work the workOf~uc"otherseparatecontractors as directed by them. W"erHuc/;tchases, slots, etc.,
are in:>practlcal)le,.t"e Work shall regUires~edficapproval oithe CONSULTANT.
Necessar;y chases,slotsi and h.C;j'e~ @hullt!ld"U by th"CONTJ\t\CrOR: shan be c~t by the sep.rate
~l)tra¢tOr reguirln~such~lterM\QnSll~rappl'Qval <lfthe. CON'IRAC170R. The GON17RACTORsh.aJI
<10 ~U :patc~ingandfonishl.n~ ohM work Qfoth~r' contralOt0rs where 1t .. is<1~t bythel1l and such patChing
a!ld frnishlng sl1all be at,the~pellsl! of CONTRACTOR' .. ...... .. . .
Cooperaticlnis r~uiredjntI:te use ofsit!'facilltie~'ailllillthedetaU!ldexecutipn ohhe Work.. ~;lch
CPnW.ctor shal! ~QQrdln~tet~eir operation wilhthase·of theo,her Gontractors. for the llest.· i"tereito!
the Work in QrQ~tt!> pr!!vCfllt<lelay in theexecutfon. thereof.
Each of severill~ntrai:l:ors Worldngonthe· ProjectS(teishallkeep themselves informed· of tbe prqgtest of
theworkofother c,jOlract.ors. ShQul~lackof Pfogl''lS$ 91' de(ectivev;:orkrnanship on .the parto! other
contractorslnterferEi wifhthl! cdNtRACTQR'sQ~erati9Iis. Ihe CONT~ACTdR shan notifylhe
CONSUL rANT Immediately and in writing, Lack 01 syeb notice to me CONSULTANT shall be
cons.tr~ed as acceptance by1:he CONTRACT!::>RCifthestatlfs <if Ihework of oth~N:ont~ac:torsas. being
s.atl.*ctQryfor proper,oordination 9fCONTRAC1QR'$ol/l'n V\((jrk.
T~~ costofext~~W.Q~kr!!sultinllf"omlackof nCltice, ~ljt.i.m~lyn~ic~,fail~r'! toresPQtiilt(jno~ic~,
pgf!llOtiVj!. Wli>rkol' I~ckof cli>li>rdlnatID.J) sI1.II.betheCONTRACtOR' scost,
Th",Crryres!!rVestherii\1tirlth:eeven~ theCQNl'l\ACTORcanhOt proYldean i~rn(S) 01'. service(s) in a
timely mannerasrequestgd,to Obtaiijthjlgo.cld~n~t~r,servi(es.fromothe"sCl!!rcesancf ileijucting the
cost from the Contract PriCE! wfthoutViCllatlljgtbeir\tent of the Conerag.
ARTICLE 8 -CITY'S RElSP,Q""~IBfUTIES.
8.! Tile CiT( will issue~IIcommunica:tions to the CONTRACTOR: throu)lh tbe. CONSULTANT.
8.2 Ihaases of termil)atlonofe.mpl\1y\1)~nt..ofthe CQNSUt. TANT,the CIT('""iUa~pointa CONSOLt ANT
wnosestatusunder th.E\ Cphtra<;t&\lc\lmentsshailbethatofthe forme"CO~.SULrANr.
8:3 The.GIT(shall,p"omp~yJurrilsht!ti! dat;a regUlredofthem u~!ler thl! comract~ocum!!.!lts.
8,:4 .. The CITY'S duties iljr",s)l®tto llroVi<llng.lJlOds.andeasemetrt$ ire.setf<:l!'th In ".ragraphs 4.1 and 4.2.
8 .. 5 The CITY shall ha~eth" rig\1t to take possession of'and use .~"11:ilf1lpleted .0rp~rtlaUy cc>mpleted.
portions of ~!Je VVqrl<. IiOtwlth$ta~di"g tbe fact that the time. for ctlmp.letlllg the entire Work or any
portion ~ere6fnJaynOt have!ll<pire~;but sUfhtakl~gpQ.~~ession a:ndu~e shaO not be deemed an
accllPtaflce (Sf any WCirk not completed in accordaM~wlth, tlle Con~taCt Documents.
ARTlCLE9._cqN~jjlTANTS'STATUS OURINGCOt«stROc:n"'ON.
City's Repres~ntative:
9.1 The CONSUL TA~t shili! be tile CITY'S representatiVe durin!: thl! t!>hstruction .period. The dutle~ and
responsiDilitiesand the limitations of authorlty of the G9!'!SULTANYasthe CItY'S representative during
COnstruCtion are sedorth in Artid~~ I throu~bl'6ohHl!se qen~ralCpnditionsand shall not be extel1ded
~hoilt written:c'ms~nt of.the CITY and the. CON~ULTANt,
9" .I. The t::ONSULTANT's decislC;jh, in matte~~ t;.!!atlng tpaestheti.c" shall be Hnal,lf within the terms
ollhe Contract. Documents.
9 .1.2 Except as may b.e otll<!rW/se prc;>vided in. t~isco~~racf.ajl cI"i~s, c?unterclaims, <IIsplite. a.l1dothe r
matters In question befWl!el)thEi CITY and thl! CONS.ULTAN1l' arising out of or relating to this
Contractor the breach thet'eCif;.shaU be· decided in a.courtofcompetent jurisdiction within the
Stateo! Florida,
VjSjts to Site:
9.2 The CONSULTANt shall proviqe an Inspector to make periodic vislts.to the site ateac~ phas~of
c<lnstruction.to. observe t~e. progre$.sand quality of the executed Work and to id~termine If the WI:lr.~ls
prQceedjng hia~co~da~~e Witb the c'o.n:tract Documents. His effortslihaifb\! directe(Howard·pr,o~i~I~~
tM~IISF."epe
O~'~3~t.s
Page 61 of 73
a~sur~oc"'.fQn;heQWNER and all applica.ble regulatqryagenciesthatconstruqlon is in. CQl11pliancewith
theCDf)strllctiQn Documents and. !!ppJlcaJlle la\'Vs.rllles:ilndre~ol~tIQI\$, .. On the basisoftheseon site-
observations as an experlencedandqijal\fi!!dd"'slg~ professiollill, he sh~lI.kei1p t&l!i CITY imormed of the
prqgress of the Workandsbal/.guardtheOY\lNEl\agalrrst defeC!s and dE\flciencies in the W'lrk of
CONTRACTQR. .
Clariflc.tlonS.llnd Inte"pretatIDns,
9.3 TheCONSUlT ANT sl;!~11 issoEl, With reasonablepromptl1ess.suco written clarificatlclns or ihtetpret;lt!!)ns
of the. Contrallt D.Qcuments (intheJo.rm of Drawings <!fOtherwise) as It may determine necessary, which
shall becon$iSten.t With. or reasonablY Infera!:>le fr'l!'l'1, the Dverallintent ofehe Contraq Docunjents. If
the CONTAAcTORseeknn Increase. in the (;ontrallt Price arextenslDn 'lf contr~1lt Time basM' on a
writtendariflcati\>n andforlnterpretation It.sba.1I b~requ'rMtosubmit a timely ~'ai.l1la$ proVidM In
Articles II and 12. .
MeaSiJoement ofOJ,iantitie§;
9.4~tI l!VorkcQmplete.d under tlte COntra~tshanbemeasured by the CONSULTANt aC'Drding to.the
Vnited States Standard M\l<I.s.ureS. MUDear surface measurements shall ,be 'mMeht>ri~QOtally or vel'tically
as require.d by the item. lOeasllted.
Rej~ing Defectlvlj! Work;
9.S i The CONSULTANT shall have authoritytq disapproy,e orrei¢1lt WQfkthat i.s "Defelltive Work" as
defined in Article I. It shall also have authDrity tQrequJresP¢~lal InspectiQn or testingaf the Work
inclUding WOfkfapricated 0.0 or Dfhite, Installed 'lr completed liS proVidl!d. In thee.vent:that the
CONSVL tANTre~uires tj!sting of completed Wor!<,thecP,$Hif such InspectiPns andl'lr testing$/jan~e
apptpved in W~iting.pythe CITY. An~enseq~entla!cq~~iQf)!Qchirisi'e~ions,an<!testing,indodin!lb!l~(1<!t
IimitedtD thel!0st; ef,t!>.ting ~ndii1speb:ion, t~ CQ~tQtrepliiring~~Y9f the Work,Dr thl! work of other$,
the .i:lI)$(. tp lliavef~rniture;aod equipmertHnd.1l>r th!il~o$'t!> prDvide:alternat\'iefacilities until t!Jerepalr
w'l~k can be ¢ompleted, shall paid: ~y the CONTAACTOR .If tlWWork idound to be Defectiye W.Qrk.
ShQP Drawings, Change Orders and Payments~
9.6 In connedion with. the <;ONSuL1ANT respDnsibili!:y as. to Shop Drilwirw and sampl!!s, see paJ'agl:aphs
6.25 thr'lugh6.28. In'CI(J.sN.~ .
~.7. In connelltion With theCONSUI"fAN'r's r!!$ppnsibillty for Change Orders see ~tticles. I 0,1 I, and 12,.
~.Q lnconneC(ipn With theCiDNSl./lTANT respc)Osibllitles With respect to the Applic;ation for Payment, etc.,
see, Article 14.
;_Ded$iO~S-on :Di_s~,r~emen~:,:
9.JO The. CONSlil;rPlNTshall be the initial interpreter Dfthe Con.strulltlRP Documents.
limitations on Ccih$~Ita,ht'sRt!liponslbilitl!lS:
9.11 The CONSPLtANT will not be responsible fDr thlil construttl'ln means, methods,techniques,sequences
Df prote<!i)rlls, pr the safety precaUtions and pragr"ams incident therete.
9.12 The! CON~ULTANTwilinDt be responslbl.;;forthe actsorQml~sip"s,pfthe CONTRACTOR, or any
Subcontralltors, Dr.anyof their agent, servants or em,ployees,. oraol! other person perfDrmingany Dfthe
VVQrk under or thrDugh them. .
ARTlgEIO. CHANGES IN THE WORK.
10.1 Without Invalidatinll theC'lntr~tt, the CITY'm~y •. ~tanytim~ or from time to time, Drder addltion$,
deletiDns Dr.evislonsin ert!) toe VVpr~ wh[ebsO.all()nlyqe a~t~Q.ri~ed· by .. a'M'ltten Change Orders.
Upon receipt er.. Change Order, the CONrAACTOR~hanprooeedwith the Work inv'llved. All su~h
Work shall be performed under .theapplicable ~!>ndition.s Bf the CDntract·J)ocuments. If any authorized
writtenCbangeOrd"r ca~s"S. anihcr"~e or delte'se inthe 9ntract Price Dr an extension Or
shortenin~ oftheCOntractTli)1~an eq~itaJ)le;adj~.stll\ent will be made as prDvided .In Artic!e II Or
Article. 12. A written Change Order signed 'by the tiD' and the CONTRACTOR indicates the.ir
agreement to the teri)1s 0( tbe C!\ange Order:, AI!· ChangeOrderssball,becerilfied b)! the'
CONSIJLTAN'I"as to.theappr?priatenes~and valueof:~he ch~ng<i( intheWorkas :\i>l~1 ~StpMt Shal)ge
in the ti.nje tQcomlil!it~ the Work onder the circumscarl.ces. Thdailu~e to inclodea'ti!!)e extensloliirt
Page 62of7B
10.2
IO.~
10.S
the. Change O~der.or in th¢ {equest for a change ?r,dershall re~~ltill a Waiver ofanyextension ()ttime
due tel the change in thewi;lr.k.s refle«edinthe Cha[lgeOr~er.
TheCON$ULT ANT may~uthorize minelrdJange' 9raltetat(ohs'irtthe 'iVorknoti?VolvingeJ9:ta «>s~
and notinconsistentWitlt the Qverall inte~tef tbe Contract OOcumellt. viithoutthe .ne¢d fo.r a,furmal
written ChangeOr!le~"tovided the CONTMCl'jJR doesnotrequ~stadditiOlfalti\\1e Or addicional
compensatl?II .. · T~ese marbeaC<:0Il'1~lis~~c:ll?ya ,«~ittenField Order. If theCONTMCTOR believes
ihatany ~h~nge oralteratic,," ·authorize<! by theCONS1:ll,TANT's FIeld Order would entitles the
CONTRAGTQRtoan increase intlte Ci;l'ptra~,PriceQr extensii;lnof Contrac;t: TIme, it must sUbmit a
written Jlotice of intent to demandaCh'mg~OrdervilthlntWentyfour (24) hours 01 the issuance oftbe
Field Order and submit aw,ittl;!n proposalforChange Order within four (4) days. thereafter,otherwise
the CONTRACTPltsh~lj~ed~rnedto .h~v~W<1(~ed s~(h. ~Iaim.
Additional Workpel'forl1'le<ll>ythe CON!tI\ACTOR witl!outa~th.~tiz~dpllof a written Change Clr,der
shall not entitle ifeo an .il)~reaseinthe Contract Price Qr!ln e>lt¢QSioO ohheCont~act Time, .except in
th.e case ohn eme~nl:yasprovide<! in paragraph Uland e>I~eptas provided ;nparagraph 10.2.
Tb.eCITY wlU· exeq~.teiap~.~opri'te¢h.ngeQ(.d~rsprep""edI!Y the CONSUL rANT covering chang~ i.~
tITeWork,to bs.penqrmllil as :providedinparagraph 4:iI. a~~Wo~kp\\rf9rmed In an emergency ••
p. ICO .. Vided.ln .. p.ara.l:.· .. "r. ".iP ... h 6 ... 2 .. 2. i.nd any .0. t.h.er c. lalm .... O.f. t.I\.·e .0. O.N. TR .. A.~:rrOR(6r a .changein the Contra,ct T .. ime or the Contr~~t Pricewhlch js approved 'by the CONSlJLTANT. . .
It is thll CQNTRACTOIVs reSp?nsibility to nQt1fyits$urety efany changes .ffectingthegeneral SC()pe of
the Wor~ orchalJ_'" ilJkhe. CQntractPrlceOrC9ntri\ctt Timund theameune of the applita~l .. bpnds shali
1> .. acfj't!sted accordingly. The CONTRACTOJ~.:s~all furnish .,roof ols.uch .ana:dju.tmen.t to the CITY
!>efOfe.commencement oftheChan'gE! OrqerWork. The Wc,rksh.Ubestoppedumilthl!
CONTMGTO~ proyl~es su~hprQof ~f ~djustrnentiri theBpn~ amountand~ny sUc~ dl!lay ~hallbe
cha(ige~ to,tne CONT~CTOR.
ARTICLE I '~CHANGE OF CONTRA¢T P.I\I¢E,
11.I!h~ C.oritra¢{PricElconstitutes thet~lcol!!~ti~ati6n p~yabletothe .GONTRACTOR fo~ l'erfQrl)1i~~ .
thl! Wprk. All duties, re$fio~sibilitiesarid·Oblipti6tis ~signe"to. or undertaken by tile CONTRACTOR
.shaU. be at its ""pen.ewlt~O,llt €i)angin~ thE! Contrict Pric.e.
I 1.2 The CiTY may, at ~ny till11',Witl\o,ut Wr!tt!ll' i1oticetot'be sureties, by written prder d!!!slgiiated Or
indicated to be,a Ch.nge Order, mal<e any cbange in th.e Work witblnthe general scope of the Contract;
InclUding but. notlimitedto~hahges t6 or'io.:
I. I ,2. JSpecificatll\lls OMltl!lirigdtay<hjgsan~ dl>sigos);
II ;2.2 Method or l)1annl>rofperformance.of'the·Work
11.2.3. CITY'furnlsh~fa~ilitiesiequipment.materials,servic~. or~ite; or
11.2.4 Ac~<!lera:ti6nintbe .perlormanceoftheWork
11.3 l;i\cepHs "tQ~i"ed intols sectiOn. orsectionstef$rr~tpin thi~~iQn, no orderi statement, or conduct
of thE! C:ITY$h~lbe tr¢ated as a chang¢ prdl>r or¢ntlt!ethe CONTRACTOR. 'to an equitable
adjustment urile~s.an~ until the chang .. in the Wo~ki~ ,p¢ciflcaUy and express!y provided for in awrit1;en
CMoge Otder,or,as otherWIse provided inanothetse~!io~ of.th~Cqntrap: Documents. ..
llA When a Change Qrcfer iSiSS~~dbr theQQNSl;.iLTAI'JI and$igned~y the CITY or issued by the CITY in
writii1~ the <::ONTRACTORshaUperformtltl!W()rkey~n ifthe,tONTRACTORdoes not~ee With
the d"Uar amount of the Change Order .. Ifaqy Change Order cau~es an inare.seor decrease in the
CONIRAC'rOR'Scost. of; or the 11m!! r"'l~.iredfor.theperform.nce of any partoftlie Work underthi~
Contract; for Y<lii~h thE!cr)'Y~rjdthe C,ONTRACTQltcanpQ~reach atimely agreement, anequi~.ble
a<ljustmenl:basedon the. (:()$tof tijtaWdrk~liaU be made anc:! the Contract modifledaccor<!ingly.
I. IS If theCONT~CTORir\tendHoasserta ~airnfor an equitableadi~stmentprc()ntest theieqYlt.ble
adjustment made bYth ... CClNSUCr}\'N'r, ItshaU. within ten (10) calen~r day&after reteipt'o!a written
Ch~rige Order.~~bmli:(Othe CITY af!q CONSU~TANT a written notice inclUding a Statementsettin*
forth the genllli'\lnaMeandmonetary eJ9:ent of suchc.laim for equitable a<\justment,time eJ9:ension
requ!!!stedand S\lpp,Qrtlng data, In determining thecost·of the Change,Ord",r, rne .costs. sball 'be limited to
thos,e listedi" .@on 1i.7 and 1.1..8,
11.6 No c!aimbl' the CONTRACTOR for an equitable adjustment hereunder shaU be allowed if not s~bmltted
ill aqc~rdal1ce wii!l.tl1is section .or if asserted after final paym~ntOnder this Contract.
11.7 Tile val~~of)\ny WOtk~ov!!r",d by a Change Order Or of any ~Iaimfor a.n increase or decrease in the
c:,()ntractPrici!~ha"bed.etermined.ln one ofthe foUowlng ~ys:
11.1.1 By n!!g6tiatedlurilp.sum.
T~°Iri~::~~';Pe~ 02-134$ .
l>age63 0173
II.a
n.9
.11.7.2 O,Hflebasis ofthe reasc;l/lable CO:st and savl\lgsthat results !rom the~hange in the Work plus a
mutually agreedupo?J~·.tt,1·. th~GRNJ!i. ... ctOR t,!coveroYe.rl1e~dand pro:fJtncjt to .e>!:ceed
15%. If.th.e CONTR"'CTPBcdi~~gr~~ withlne; CONS!JLTANTs <!eterminatio:n <,lfreasonaille
'. . C<,lsts, the CONTRACT shalliptQ-vtQ~aUstofall CGSts togetherwlt~ liac~",pdocumel\tation
The term tOStoftne WOm< mea~s theisumofall directelttra .co!ltSnecessarOy InCurred and paid. by the
CONTRACTOR Jnd"teptoperperf<,lrmance oHhe.ChangeOrd\lr. ~xC!ept asothiliWisemaybe agreed
to in writing Ily ;.CIJ"l(, .s.ueh casts i;~all be inamQunts no higber th.an thos.e prevailing, In Miami-Dade
Countyiln'hha!l Jncl~;<Ie an!ythefo!lowingitems: .. . . . . . . .
I 108.1 i"iIyroll costs for employees III the. direct emplo:yiofCO!\!TRACTORIn the performance ohhe
Wark desctibed in d"te Change Order'uli"\lr~~l1ediJ!1>$ af/ob eI.assifications agreed upon by CITY
ilndCONTRACTOR. Pa:yr(j!lco~t~f(JremplpYl'e$Njt ~mpk)~ ful.ltirnean the W"rkshall b~
apportioned an the basis (If theittim!i~'pent9.rithe.'VVork,PayrQIlc"ost.shall.be limitedta:
~alaril!sa.~d wages, plus thec!'lstsof frfll,ge ~~m!fits. which shall'include social secori!?,
contri"'tJtic~,"s. unernpl!'lym!1n!"ie1<ci$e.Md PayraUtaxes, workers' compensation. health alid
retirement bener.ts,s\ckle~~i!, Va~atian~~d h9Iiday~ayappli~a~lethet~w •. ~~ch ernpl()Ye!lsshall
inciudesl\Perintendentsll.ndfor~men att~e *e,Th .. el<pensenif peffl1ri!"iingW()tkaft~r regular
workln~ hl1lftJ,qn$Unday or legal hqlidays shaUbe ipcludedinthe a!:>,qveonly i(a~tbotit!ldby
CITY and. prqvldedi~ ~s. not in any way,whetner in whole or .In. part the ra.sult of the faolt Qf .the
CQr'lTRACTOl1, du<Hon'lgligenceof the qONTRACTORorthl?se acting by or through him or
d~ein whole Oi'iltpart to Defective VV()rk"Qf tbe CONTRACTOR. .
I 1.8;2 Cast af all rnaterial~ and equipmentfl!rnished and .incoqlQfated in the Work, iilduding casts of
tr:ans'poct~tjonanct.stor~ge,an~manufa:C1lurers'lleld serviqes ~<i!q(ti.re;<ljR COnnection tlTerewith.
Tbe CONTRACTOR shan notify the CITY of.~II~~sll<li$~otJn~Hha~."re. a~aila~leand offer the
CIlYd'e oppom;unity to de~sitfun!l$ .wjtht~eqQNT.M'crOJl,farthepa!ment for.items that
offer ~ dis~ount.Cash !liscaunts shall aCcnj!, to Cor'rtRAttORunles~ theCON'l"MCTORfaiis.
to timeJy 'l)otity,the CITY ofthedj~countsiOri{tl1ePWNEl\.depQsitsfunds with CONTRAcTOR
with. whi~h ~omakepal'mel1tsin Wl\i~c~sClS·tbecash dijcoqntSshall ~ccrue'tathe OWNER. All
<trade discounts, rebates and refuMf. Jn~a!lr~urns from ~a!e9f surplus. materials and ,equipment
shall .. ccrueto OWN!jR,andCONTRACTOll.shali l'l'Iakeprovi$ions.so that they may be .
obtained.
11.8.3 Payments made byCQ!\iTRAqOR .to tf\!! SubcOl\traC1lqrs .tor Work performed by
Stibcontra~ors. If requirl!d byCIJ"l(, CO!\!TMt1:0R shaUobtaincompetitive bid,from
Subcan~rJicto:rs acceptable ta"lmandshangeli~l'r $Uchbidsto erry whowllld"teQ determliie,
wl.t.h the ,Ilviceofthe CONSULTANT; ..... hi¢n Bit;ls ..... iII be accepte~. Nqsubqlll~ractshan 6e a
q:/st p!U$i~a~~r~ct unleuaRpr"veilln~riting.b.ythe qrrj';, .If aSl/bco:.n~ractprovides~hat t~e
SUQ~bntrilqorjs tl) be paid oo,th~ basis of CoStllf W()rkJilus II fee,"1:be c'QstaftheWQrksnal! b~. .'
determined in accordancethi~,sec:tjanl LoSalfd in 'su~hc~Ei! thl! word "$ubeontractor" shall be
sub~titutedforthew:ord "CONTRACTOR".
1('9.4 RElhta(sofali CQnstructionequipmentahd machfrieryi e1<~pthand tQolS,and th., parts.therj!<if
whether rente<ifram CONTRACTOR or others ina:ct:p~d~n~e \'iIitttrl!otal agteell)!lnts
approved. by CITY wid"t theadviceafqON~!JLTANT,aQdtb.e.c.asts of transportation,loading,
unlaading,installation, dismantling anaremovattMreQt·.II.in.i¢cordancewith terms of said
rental agreementS. The rental ofail)'sjich eq~ip(\")~nt,machinery or parts shall cease when the
use thereoNS no longer neee~sa.ry W the Warn.
11.8.S Sales. use ar slmiiartax.esrel.!lfl!dtalheWork. ah.dfor ..... hich·CO!\!1:RACTOR istiable, imposed
by anY!l6ve~nme(ltala:llt"orl~. .
11.8.6 ~yroEi!n~s. 'aiJd .fees for permits and licei\s.es. Costs far permits and licenses mu~t be shown as a
separate Item.; .
11.8.7 The cQstaf utilities, fUel )Inc:! sanitary facUities at. the .site.
II.ll.a M.inar iaXi>!lnSl>$sQch as telezr;ams,longdistance'telephonecalls,telephane service at the Site,
expres~ageand Similar petty cash:itemsin conne;ctic:m with the Work.
II ,8;9' Cost 01 prl'miums for additional Sand. and iosur.aneetequired sol ell' becall.se of changes in the
Work nat toex~eed two .percent (2%.) of Ike increase in the Costaf the Work.
The term COSt af the VVorkshall NOT indude anypfth\lfQI.lowirlg;
\ J .9;l Payroll costs and other COinpensati~llor .. C()NTRAcrQ~:Sofficers, "",<icutives, principalS (of
.1'l3rtnllrshiR and, sole propr;etarsb!pS)i:ie~e"'lm~nager$, engir)eer~,architefts, .. ~~imatllr$, la'I\'Ye rs ,
agimts. exJle;diters; timekeepers, clerks ,md .other personnel employeilby, ~ON'l'RAq<llR .
~~D)~F.".pe
01-23"'$.
"age 64 of'll
wMt~erat the slteqr In its principaLor a braP~hoffice tor general adm)nisp-ation ofthe Work
andnQ1:s~,eclf!~alllIndqded in the~chedul~ t¢(em,d toinSubpat~raph .I(S. . .. .
11~9,2 E\<penses IlfCQN'tRACTOR'S prlnclp~la.~d br'an~bo(fjces otherthanilS o(fjc;e.at the site,
11.9.3 . Anl'part.of CoN'I'RACJ'61i':Scapjr'l~p!lJjse$,iPdU~inll.lnterestonCONTRAcTOR'S capital
emplQyed ·fonheWork and (barges~alrtsttloN'[RACT()Rfor delinquent paymen~s.
11.904 Cost of premlul)'!$for alibondsalJd {or all insurance pcilic:ieswhethe~.qr nQt CONTRACTOR is
reqWed bl'the CQntract DQcumentS to purchase and maintain the same (except as otherwis~
provided in Supparagraph 11.~.9). .
11.9;5 C!>stsd~eto the n~igente QfCONTIiAG'rOR,anyS~bcQntrattor, oranyon~dlr«tlypr
in!flfectl)' employed bx,atiYQ~themorf.or WROsl!acts <lrl)iofthem may be liable, Including but not
liinited t!), the corr«tiClli .of ~1I~ive work, diSposal of materials or equipment wrongly supplied
alid makinggood.~"l'd~mag" to property.
I 1.9 .. 601;h"r overheadort""eral ~p"n~e c\lm Qf anl'kind and tMcostsoofany itl!m not speCifically
and expressly Jn~l!ldl!ll io!1aragraphl I.ll.
11.1!l1i~e C.QNTRA<;:TQ~'SfeewlJlchshali beallaWe.dtoaONTRACTOR for its·Qverhead and profit shall b:e
determined aSi(<;iUoWS)
II. fOil A mu~~al!Y.~~Ptablelirmflxed pri~e;orif (I.ona can be agreed upOn.
I J .1 0.2 A mutuaflyacc<iptible fixed percentage (n9t t()~ceedjJ5%),
11:11 Theamount!!f ¢redit to. be allowed byCQl'If(ilACTqR toOWNE9;for a~y.suchchange which results in
anetdecre~e.j~ c().~twmbetheamountof th!!·lIl)t\Jal !l~ decr~aseinc(!$tl;.:alculatedlnthe same
manner .as~~(MiltjlJln It .8. Whl;!Ob"tb addltipilsandcreqjts arllinvplved in IIny onethang". the net.
shall beC!!m~iJtedto Includeoverh~a.!f.a!\d.pi"o!lt.identifi~ .s~aryt~ely •. for bolli additions aOdcredit.
proyl<ll!ll.however, the'CONTRACTOR shall not. be entitled to liIai!ll'olost profitsfpr any Worknl:it
p"ridrmed.
ARTICLEll.T'ME FOR. COMPL.ETIQN, UOllIPATEPDAMAAES ANPCHANCiE OF THE
CONTMcTr'ltfE, . .. .. ,
12. I rime Is of thlledencetollils contract and the dat!! of beginning ~nd ~hetiinefQr completio~ oft~~ Wor~
ar~~,sential ¢onditions ohReContr~ct. Th~re(or!'.the Works"~lIll"cQl)'!meocI!llQiJ the d~t~ splltlfiecJ
inthl'! Notice t.o Pr.oceedand tQrnpf!!t'ldWithln thetimes~~illE!dJQr cOlllpletionof the worJ<.
12.2 Th~ CQNTRACTOll.$haliproc;el!<ftWith the WorkaU~Chf_teofprogr~sstoensure fQ)lcomp.letion
Williin thEl Contrlfct Tjlr1~ ... !t.!s expt.ass!yunderstoodand ·O\gi'<\"a, 'by and between llillCoNTRACTOR
aod t,heoOWNER,that theOontract Tim'i!fpr thecoOlpletic;m of the Workdescfiba<l.herein Is a .
reasonable time,tal<ingJi)to~onsideration the~v¢~ .. ~IJOlatie an!feconomic cClndi~ionSMdother fattors.
prevailing In the loCl\lityQftlie'vVork.l1lo~~ei)~i'moftirt1esball.6egranted duecondiliQ"sthat Jhe
Contractor kn!!W Cif <il' ;should llavI'kno\!iln of bi!fOl'ebiddii:\g on thepro/ect or due to itlel~ment weatner,
~c!!pt as pr~Rf!\d in$.ll¢tlon 12.7... ... .
12.3 IUheCQNTRAC'I'Oll. sha!i'fail to com~late. tli!! Work )'iithi" the ,Contract Til1)~.OfeJ<te~$iOn of time
granted ~Yth" CrJ'Y,ihen the CONTRACTOR.sh~(J pal to t,i).e OWNER the .amount of liq~idated
damagesa$sp¢cifi~dii1llie Contract Doc9m<jnts fQr.each call!nllar day ~fu!r tb~ sthed~l.ed date for
comp.leIiOOaHliju";te!fby writte[l~ha~ge ordarsthat extendeci th" ~mp.letfon date.
12.3.1 Theseamo"nture n.ot pe"aJt,~~b~t are liquidat,!dda!llag~io:<:urrec! I;>y <the OWNER for its
Inability to Qbtainfull useoftheProjlf<;t,Liqul~ated dilrna~eS ~re.~ereby6xed and agreed upon
between tit!! parties, recogni~uglli~lll1possibility(lfprii1j:iselr as~~rtaining the. amount.ofdamages
that will. beS~staii)"dasa~ollsllquenceofsuchi'-elay,ancjbot\lP'rtj~~df!SiriQll'to obViate an)'
question ordjsl>.~t:i! ~¢,hC(!t~lagt~.e.amount of said damages aoathe cost.anq effect·.oftllefailurli!
ofCONTilAG'r0!\'to O;mil>letetheCon~l'lIgo" time.'!'oe above.stat~dJiquidatlld damages shall
apply separately ·t<>each phase Qf the>ProJeetJQr'W~.i~h. " 1:i,?'" fQr~ompletion Is glven~
12.3.2 CliYisauthQcized to deduct the .liquidated damage$froOO rOonies dlle to. cONTRAcroli fpr the
Work unpeNhlS Cen.tract.
12.4 The Contract.Tiine inay6blybe~hanged by a write!!" Change .¢rdl!!f' Any claimfpr an. E!j(tl!nsionin the
CONTRACT riMe sh~n be based on written notice d'llivere!f t\l the CITYandCON$.ULrANTwithin
five (5) bus.!n!'ss .days of the occurrence ofthe.eVoln(givif\t,riseto. theel.lmanei statingt~ .. ge.neral nature
of llie claim inclUding Supporting data. AllcI~irr\~fClr' adj~stm!!ntin the Contract Timesh~~. be Elva!.uated
~nd17ecOmmended I:!yth~ CQNSULTANr, wit~.frnal approv~1 by t"!!CITY'S repres.entati)'~, Any cbange
Int~e CQntl'l1~ rfm!!resulting from ~nys!!ch ~I~ilt), s.b~lr~eitl~?rporatl!d In awtitt!\n qlLabtEiQr~~r, ..
12.5:· All tillla.Ii!'l1I.tsstat~ in theContract Oocumllijt$:ar .. ~(t~Eiessence. of tne qontra~:
Pageliiof7~
12.6 No daill! for Qefayshall.bel!llowedbecause of~ll~re ~o fQthishDrawin~ bet<mothEllill<plration af
fourteen (141,<:aI~ndar<!~ys.afterdemand h~~p~om~e Inwritin~ tothli1 CONSliL TANT for such
Drawl~ll$· FurthermClre;there shali~.noWIi'I)~t~!"Y cQtl]peosatl<lnf/;lrsuc/l d~laY and the
CONTRACTO~'$ .$ole remedyshall •. b'M~eXt$i)$ipQ'>f time farl~t!p"r!qdof.delay~
r 7J:.7~tensions to the Contract Time for!delays cau~ed bythe'flffe~:/;Ifinqlementw,eather s/1o.ll no~ be
~ranted uolessthe'ileaMll'rwo.sunustil!l forSQuth FI?ridaand.\!ll.!Ildn.ot naYe been anticipated, tbe
abnormalwea~~er is documented by r<)Cqrdsfr/;lm the nati/;llial 'lIe.ath~r sel"llil!e and the abnQrl\ial
weather if (/ocylj\ented t,?,h~ve.had asub*!idal affected on thecol)strUction schedule.
f2 .. 8 No Dam~~s flll'Delay: The CONTRAGTO~lIgre!!$i that he sllallnothaveallY claim fordam~. due to
delayuhl!!Ss th¢ )jelay,exceeds 06 months, wIletherlndMtl4afl>,Q~q~ll)qlative~, and tnen the aarn;tgesshall
btl I.i!llited to increased cost ofro~terials tbatwereUna~ti~ir>ated anei that '''I9!1I<!oot h'YI) been Incurred
but for Ille d~lay. , Oth!1.r tltan o.s,sl\\: forthabo~,tbeQiJlyremedy for anyde1ay(hal! peJimlted .toan
El1't!!Itslonofrt!me o.sprovi,ded forin~~ctionl'MwhiCI1~hil' be the sole aM <)*clj!.~ive remedy for s~cl1
re$u!ti.r\g defay •. Other thanasset:forthabo~<;;ON'I"AACTcz,~sh~1I n9t.ibeililtltletlto an increase in the
Contract Price or f!a)imerit or compjlnsation of a~y ~i.n~JrQro(!)'WNER fordir;ecl;. indIrect; consequetit;al,
impactor other cb.sts,expenses or )jatnage~,.ln~I.~din;but i1o.tlimit~ tel, COstS of acceleration Or
inefficiency,. QYerltead Or l.ostprofits,arisi~gbe~atiSe .oMelay,dlsrllpt)Oil,int"rterence Qr hindrance (rom
anyc .• usewh.t~OJ!'ier. whether such dlll.y• !li~ruptJQn, interference or. hindral1cebe ,e.scm.ble or'
unroo.spn.abl",·fores.eeablerorunfores$!l>Ie;·,ot ayoidable .or.unaYOiqa~le.
j2,9 TheCONTRA¢TO~walvE!s all claimst!!.! "te hotpr.esepted tel tbE! Clty.n witingonor before.tbe· 21st
day fqllowing tile date oftbe event~p9n whichihecl.im is b'ased.
12.1 0 DISp~teJ!.esQI~ti!ln: Ifany diSpij~¢9ncilrriillg a question ilf,(lIqarlses ~nder the CahtraGt. othE!t than
termioatiQn fordefa~lt or!~onV:enJ~.n~,thetONTRACTOa ~ojdt~~ citydljpal7tmentrllsponsiblE!(of .the
adminigration oftheCol)~c'$billlJlakea. good faith ~ffo~#I (¢SilIYe ~hedi$J!lUte, If tile aisputi;> cannot
beresplYed ~Y.'\lteement; then tile gepartrn~nt withth~ ad~ice oitheCity Attorney an4th¢
OONSUL tANT$hall ruleon,tl!e:dJffi.Utedi$s!leandsen~a Wl'itt$ncopy of itsdecis.lonto the
C!)NTRACTOR, COI'\!TRACT¢RcS~all cQmply With such dli\cislqn andshaU not dlliay thE! proje~t;
AltTIC!.E 13 .. GUf\RANT~.
13 .. 1 TheCONTAACTO/lshallgllarante¢anQun,ondlti/;ll!a)!yWarrant through eith~r th<1t))anufactureror the
CPNTRACTORdlrectly, all materialsande~UipmenHurnj$hedand VVorkperformedforpatent
j!)e£etti'lE! Work for} period of o~e(l.) yea~·fr~mth<ldateofFinaIAcei.punc!i.as indicated in .the
CONSULT ANT.LetW <II itecQ!'Imendatignof ActePtanc,,'?rti:Qrrrthedat~ 'lIhen thed.e.f!rl was first
observabl~, ~!!:heyerisrater, . The some gu~r~nt!!eahdunl!Onilitiorral WIl"l"a~ty shaUb .. extend fornve
(~lyea~~froiilth~date ofFiriarAc:ce"taQ~asin~l\;ated i!l tlle'COl"lSt.,rI.,TANT 'LE!tter of
RecommebdarlorpfAccep~nc¢ forl~teri, lD~f!,StlYe WClrk. . TheClT:Ywl,n~iven.9titl'!of obsel"lled
defec~ With reasonablepromptn¢s$. 10 theevl!r\t.tIlatthe<:ONTAACTO~$h!lu.!d f,ill.to c.ommencetO
.correct'such QefilctiY.e Work Within ,ten (10) Clil"odar days after h~ving rec.eivedwrittennotice onHe
<lef"Ct; .. or sfJo~I" theG0NTRACTO~~oh)mence the ¢orre<;tiVevIl?d<,.b<!tfail to prosecute the
COrrective workcontin9o\!sly alid dili~otlyandin. ac~ordanc.e "IithtlleCol¢Fa:tt Qocuments, apPUt;lble
law,. rules and r~tdations, tl:!eCl"rr may dedare aneventofd~!I{t, tIlrl)iinate !ihe Contract in Whole or
in part and qausethe Defect.iyeW<)rktoberemoved orcorr,ectEld and to comple~the Work at the
C.0NTRA~TOR'sexpeils~, ~ndt"e ClTYs~all charge the CONTRACJ'ORtlje COSt thereby. incurred ..
ThePerformanceBonds~arr reniain in full forc" and.effectthr.o!JgIj thegua.rantee period.
13;2 The specific warrwy i>eri.99$li$~~ in the Contra !it P\lCym~rjts,'if<!iffer~ntfromthe period of dlll.e listed
in Section 1.3.1 ,shall t.~~qlre<:~ence overS ... qlo~ l~d.
13,3 CQNTRAQTO~shall al!( l\$38ent,Ona limitilt:f Jl~$t~ for the OWNeR, at. the CITY's 6ptiQ.t1, so'~ly (or
thefollow-~p cQ.o~rhing """rranty c0l"flplianc~lOfall i~"'ms .unlier manufacturW's. VVarranty/~u.rantee
and for .the .pl!tp<lle .Qf l!Omplecing all J",rnl.s rof Watra!1~/GlIaltl\nteecover38e'ul)dertllis Contract.
13.4 In case ofdefa~ltl>y ch!i! (1:0NTRACTD!\. tj)fiIClty of So~th Miam,may procuret!)!! a!'ticie,"or sel"llices
fromotller so~rc~s and' hold the CONTRACTOR responsible for ~ny.excess costs occasionoo or
iilCutrEldthereby; ,
13.5 'l"heCITY m~y ,withhaldaccepunce of, (!rr¢jectice,ms which are foundupon~minatlon. not to meet
tb.!! specification requirements,. Vpon wri~~.n notification ?fr~jecti6n,itemssn~lIbe removed within five
(5) business days by the CONTRAC10Rat his own expens!! and. r~eljverei;l itt his expense. Rejected
~ods leftlOrigerthanthirty(lm ¢\Ien~ardaysshallbe r~gard",d aS~ban~PnedanQ che City.~hall h~vethe
."ighC.to dls)yoseofthE!m as its QWnproper'ty anq.fhe CONr)l.ACTQIl. th\!f"eby.waives anycl:iim tciJ:h~ .
Page.li.6 of '13
-n."onas." .'R6p.. b .. Zl~t5 .
good or tl> Comp~nsationof anrkind. RIiljection for Non,cOnforming. Work or (,iMe to meet deliyery
sched.!!lei may resulflhthe <;:'oh~ract beingfoundlnllef.ult. .
ARTICLE 14,PAYI!IENT6ANDCQ",PLETION.
Payments to}:ontraetor
14.1 Tb¢Contract'orshallnoe/ie elitidedto<ariY money-mr aorworkperforl:ned before the issuII,nl;e'ofa .
Notice to Pro.~ontlleform <lescribedln e1\" Contr'aceOocuments,andth" Issuance by the Ci!¥of·.
"jliJrchase orde"" "r .nyother document, doe!! hot and shall not authoriZe the coml)lencement "f the
Work.· At least ten (I Qj calendar daysb~,oreE!3iih p~qgr'ess Pa)'ll1entJa!ls due (Put not m.ore <?fte!) than
olice.·. month),·t"e CONTRACTORshallsUPl)lit coihe CONSI)I,TAN'I'a pattialpaymentestimatll filled
out and Signed llytheCONTRACTQRcoVeringtheWork perl!:>rmed<luringthe period cove~ bylhe
partial paYm~n~ estima.teandsuppt>rted. bysuchd.lau the'CON5Wl;TANT may reasonably require. All
progresspaYl)1entc appltcationslltterthellrst pr()gr~ss'f"lYm!1~tsMII"e;accqmp~nie¢~ypari:ial ff;lleases of
lien ·ex~c~teill\)lallpersons,firmsand.~9rp(:mati.ons whob\\yefurnishedlabor, seryices o.~roate<ials
iI1corpOt'a~i!IIl"tot~ework d~r!ng thep.er;o.dof time f<:!r'~~i9h toe preJiious j:lr9~S payment WllS made,
reltlasio~ $Qoh'c(a,iP1~andlienrights,if any. <;>ithose p!!r$ons.rf'p~yment is reqUested on the bas.is of
materiiilsand equipmentndt .In~orporatedin theW~rkM d~livl!r!ldandSlii~bly.stQre:d ator n~r. SitE!,
thl! partial. paYment ·es~imatl! ~hall also be accompani!lil.t\y su¢hsupporting d~~a,s'tisfactory ~o the CITY,
Which establishes the OWNER'S title;to.the material andeql/ipment as WII!lascertificatesof insurance
providingcovetagelorl OQ%ofthe~lIllie of said rflllt¢rial anq equipment Cl>v!'ring the materia' and
equipmentfromallC:as!!~ltiesas well.astheft, Yand.Usm, fire and flood. thecONcrffACTORshall replad!
atit.s expenseanystqrlfd materials paidfpr·y.ihichare eitherdap:tagedorstP/{iilbeforeinstailatioll,. Th!\
CONSUm~NT ~i"withil\te" (IO)cal<!nd~r Il~Ys al'tllrr.eceiptof;~a~b p.arti~lpayme"t e!!timate, !lIther
~ertifyinll inW,l'iti~.8 i~hpproval.Qf P.a.YII1\1.nt' aPd'pj'~sentthe partial.pilYi)lent \\'stimat.e to the OWNER, or
return thElPartialpayment estimate to theC<::>NrM~T9R, fn~i~ating in writing his r,asons for re{!Jsirig.
to apl"'oYeP.a.yment. In thelatter\lO~¢~ the!CONTrRACroR~ay .m~kethe nt)~essarycorrectiql\$ ~od
resopmittche ~ar:tiafpaYll1entl!'stiJ1J.t¢;The· OWNER, wIUWithin.thirt)'.(3:/) calendar daysofpresel\tatio.n
to i~ofany appr'o.vEldp~rtial p~YrnentE!stimaWi pay theCONTRACrORaprogr-ess paymerltO'r. theb~sis
ohhe approvedpa~t~lp~ymerlt eStiffi.ate; The OWNER sh~U. ret~il'!ten (I P%) percen.t ofthe o;rnOunt of
ea.~b payment un'til.Final COrnpleti!>n and AccePtance~fall W<?rK~!>yer"d bytheContratt Documents.
AnYinterlls):earned on the telai!1age sh.allac<ruefuth.e Ilen",fit ClftlJe OWNER.
14,2 The CONTRActOR, bef'?re .i.t.sOall te'.cel~e fihal paymer).t, shllUdeUv,er tQ the CITY a.Contrattor's Final
Payment AffidaVitas.setmrtb In tQe; Florida Constru~io!>Lil!lj Statute:l$'well as IInal releases onien
executed 'by an perfSnS Whb ~avepenormedotfur"is~!\jf I~lii>.rj services or m~terr.ls,diteCtIy or
itldirecily"whloh wa$ inc\>rporated into theWor~. ,ff amI p~rson r~fuseHo prQvldesu<h.~ rfll.ease or
provides a con4It!on~1 tli!l!lase,theCITY~~.J! ,have tlJe right tQ .issileajoint check made pa~able to thll
CONTRACTOR .lId sUCh person.
Contractor'sWatranl)'o.f Title· .
14.3 TheCpNTRA~l'P~ warra~1:s and guarantees th~ttitle tQ all Work, materials andeq\\lpllJent covered by
an ApplicadonforP~ymentwhether-the\,Wrk, material orequi~ment,ismcQrporated in thef'fojector
nQt,sha)1 have p .. sedto the,OWNER prior .to. themakingofthe Applica#orlmr Pa~ent; free and clear
of aUtiens,claimsi security interest and¢n<!ull)!>rances (hereafter iii tbes e G¢neral Cqnditions refer~ to
as "Lillns"}; ail" tbatoo Work, m.aterialsQr~uil"rnent,covered!>r ariAilpll.~.tlon for Payment, wiJIhave
been acquired bythe,cOI)jTRAct9R~r b~.n.Yother persoo ,perfQroolng'J:he Work at the. Site or
furnishing rnaterialSiandequiproenHorthe Prqject, under or pUr$Uantto an agreement under which an
il'lt¢rest thereil)'0rencumbrll!lC\1 tl\e~eon Is retained by the seller (jr ofherwise imposed by the
CONtRActOR or such other p"rson.
Approval of'Payment
14'.4 Toe CONSULTANT's ilp~toval of any payment.re~ueste~ jnanAppllcation forPilyment sh~n <;onstitut¢.a
~eprelientation by ~jm .to the cItY, based on thec:;'OI\lS!JLTANr's on site. observationso(toe Workin
progress as an "l<per/I!noed professional and on hisre"jewohhe~plii:atlonfor PaYrnentand supporting
data, that the Wprkhas progressed to the. point indic.atedin the Application for Payment; that, to .the.
besthiS!<ho*"l!\Ige,.il1forrnatioo and bell~.the qllality.9f the Work is in accorda!1~e ",ith(hl)COritract
Doc~l11er:\~,ls~~j~ to an evaluation ofthe Wod<'asll!f~nctloning p~"jeFt~pon;j.~~~~ntlat l;omplefiop ,as'
. defined ~nArtlde ·1,1:0 the results .01 .nys:ub$eq~E!Qttests called .lor '0 ;tbe Contract DociJ.mehAA,rnPany
Page 67 Qf 73 .
'»lOon". ",~~pe . 02,23,15'
14.5
quaJi6cations st~~(Unhisapproval);a~qth,atth!!CON:rRACTOR! is ~J)tit!ed topa)'lllent.of the arnOul!t
approved: Hqwev.r~br aBproving,.a~y sucll p.aYI\\.nt theCONS!KJ'ANT shall nottbereby bed..,med
to hav!! repr~~n~d t/)athema~e'7'ha~sti~~orco:n~nuouson'srteobs!!ryations to check theqtlalityor
the quantltyo:hhll W9rl(.cir that I!e ha~ r!!vleWedthemea~s, l\\etl:!Qd$;techniques. seq4e.!)ce~ Md
procedqr<;ls ·qfc(>~struction or that hehl!dlt)adeanY~"1jl!a!Jor\ toasq,rtain hoW or fl:?r' what purpqse
theCO~i'rRACTOI{,has .osedtheMoners.p~id or'tobe PilidtQ h.imon account of the .<:)ol\tract Price, or
that title~o ,!qy Work; materials, or equipment. has' pass~\Ito tneOWN!\R! free anq dear ohny liens.
The CONTRACTOR shallma~etl:!~ fOllQwing certification Qn each request for paYment:
"I here!;!)' .certi(ythat the laborarjd rni\teriilisiisted qn thi~requ~tJorpaymentha"E!~"er\ us!ld in the
cQnstrltct!on 9f this WQrll a.Mthata.llmaterialsiry~lu.<ledJn tJjis'requestrorl'aym¢otand not yet
int9rporated. into the ~(1nstruct.ion are now Qn the§itf!orStered at an,apprOYediQC3tiO/l) and. paYment
re~eiVed from the l~streqi:!eM6rpayment has!l,*r\lJ$~tG makepaYcmentStoa/J his .. Suqcontractors
.an.dsuppliers,lll<~ePtfOrt~eamounts·li$ted~eIIlWbes.ldethenamElS IIf the persons who perfOrmed wo~k
orsuppliedmat~r!al.s" ,
I ntheeveo~ tn<!'t ~h<!CONTR.ACTOR WithhO,lds,paymllntfroma SubtQntractor or SUpplier, the same
amount ofl\\olleY shal! be withhe"! f!'omt\Je CONTRACTOR's payment until the iSSlIe is resolv!!d by
written agt'eel'llen~.bet\veen them andttien. joint eheck sba"bem~depayableto the pers;;," in. question
andt~e C!;,NtAACTOR in aC:cordan~!l. Wi,thihe s"ttlemenfilj\rE!emE!llt.mhei;wise the mO'!eyshall be.
held. byth,!! OWNER until a jOQjl!i1"ot is entered in fav9r oftije C~N1'Mct'OR or thepersO/1, 'iowihi .. cb
case. the .. rt'\oney shall. bep;iiqaccorlilnll with said~udgMent, . Not!1iogcontained herein s~allindic.te an
intent tQ benefit. any .third· persQ.os who are noqi~~(otl~st<i. ~he·Colltract.
1.~,6 The CbNSULTANT m.~rref~$e to appr.ovet!tewhpI~or~rly p~rt Qfany payment if. ilT i~s op'nion,it is
un~l;Ile tomake's~,h .re~re$~rft~tton. tQ the OyVNER~~requiredt~is Sect.ion .14, .It maya/spretu.eto
app.roveanYp~)Itl\e.nt,.!:lr.it mayv.oidany priorpaymen~·appj!catiC>r\'cel\tlfi~ti~n."~ause·.oHu~sequent!y
discovered ,?Viden¢i!or the results Qfsubseql!~f1t itispectiolronestS to. such ext<o.hlas maYQe n9QeSsar;y
in Its opinion t~Pto~ectthe OWNER f""rol(j~s bE\Caus~:... . . .
14.6.1 of D\l~lve Work, orcQm.pleted Work h~s b.een damaged reqUjrin~ CQrrectjon or replacement,
14.6;2 the WOrK. forW~ichpaYll1ent is req~ested ":1M6\: belierilied.
14;6.3 chiiroscif Lien.s haye been III~d .QI' rec;~ive<l.or there is reasonable evidertceirjd;cating the probable
f!Uri~<\r receipt thereof, .
14.~.4. the CQntract Price h.sb~n redu,ed beCause of modifications.
14.6.5 tbe CITY has corr!r¢t DefectiVe WOr~ or completed the Work in accordane.e with ArtiCle 13,
14.6.4 Qf.uns.i:isfattor;yprosecutionOfthe \'\lorl(. including.!ililur!! to~lean up as required by paragraphs
6.29 and 6:30,
14,6.7 of persistent'faU~r" to coopera~e With ~ther contr~ct<:jr$QotheProiect and persistent failure t~
carr;yQ4tthe'I:YQrk,in a~cQrdan~e with t~e~~~~ractP~tuhleots ..
14.~;.8 01 liquidated ~amages payable ~y theCO""TRA~TO.R,or
14;6il. of any. Qthervlolatioil <:jf. or failure tocompln'fith provi.si~n~of the ContractDoturn~(1tS.
14.7 Prior to Fin_, Jljecepta!J¢e the OWNER, y.'iththe agptQVlIlof the CONSUL TANT, mayu~e ally colt)pleted
or sllbstantlaII1'.c9n)pletedpQrtip.ns of the W<:jrk PrQyi<leQ s.!leM USe does not interfere With the
CONTRACTOR'.' c(lriipietiQo of .the Work. .Such' USE!. shtill not constitute an acceptance ~f such portion.
ofthe Work.
14.8 The CID'sh~i.lha"etheright toent~r the premlsesforthe pIWf,'Qse of ~QlngVYQrknotc;~vered by the
CQntractDocuroents.This proVisloll shalln?t,be cqns~rued as relieving the CONtRACTOR <if the sole
responsibUity for thecate and prot@loD of the WQr.k, qnherestoration of any damaged Work except
such as may be caused. by agentS Qr¢mp!oYE!eS ofthla OWNER.
14.9 Uppncohlpletion a"~ ;acc~ptance of th~W9rll theCONSUtT ANTshalllssueaCerti~cate attached to
thefit!.1 Appliqation tor Paymen, that,t.~e Workhasb,eeoaccep~d~y :1~underW~cQn(litions of the
Co!1.traCt O:ocUments. The antir/! balance fourd to be due the CONrll,AGTO/i"inctuding the retained
Per~entages! bu.t excepnvcn suros as may .be lawfullY retainaclb¥t~e OWN~il.jshail bE! paid to the
GtlNTRACTOR witHintairty (~O) cale.ndar days of completion and acceptance ofthe Work.
14 .. 1.0 lJpon ThE! awardeQ CONlil.ACTORwili be stronglyencouraged.to rE!gisterasan ePayables Vendor With
the Owner.The.a.n.~ of America ePayables Solution iS~l\automatedcard payment process thatshift$
accounts paYab!edi$!>!(rsement,stq.~orporate pUl'l:hQsin& q~rds, ",Pi!yaples!stre.~m!ine:~hl! pr'o.Ces~ Qf .
makin~paYinent$ to,yqur organization going .forWard. th,eGity will provide the CONT~CTOR with '~.
Page 6.$0.f 7a
credit card account number to keep on file. Tois ca'1lh'!Suniquesecurit)' fe~ture$I' witb $0 ofav~.i.lable
funds untilaninv(),!~e it ~pprOyed for p~rro¢m:, AfJ;eran invoice has r!!c~vEid proper andeomplete
~pproval,an ~Ie<ltrooii; remittance'~dVi~~W.iI' ,b\l$~n~vijl.e'mall, orfaJl,whichnotifies the
CONTRACTOR(hatJhefundshavebl!tio :transferred in to theac~oufft linked to thecatd fol' ~lIe Mjount
listed on the invoice 3rtc(lorremittat\ceemail..I.le.!Se refer to~he ePa~ablesQuestion$ E.Answers Fprm
cOhtaine.d jn'~~.!s RFPoroontaC1= the OWNER's'final1ce dep~i'tmentat.(30S}6.63-63'13 with ~n)'questions.
AcGeptanceOfFinall'~!l)e~t,sJ\:lllease
I '1.11 T~eAccept3nce by the CONT~CroR. of FinaLPaymentshall~eand shall ollerate as a, release to the
. OWN.ER. ana a ",,",iverohU daims and all /iabilit)'tQ. tlteSpNTMCTOfl, other than.c1ajms previp.usly
filfad. and unresol.ved. Thewailler shall inciudeaU thi!)gS"~lleor furnis,hed in cPnne~lpn with the Work
and for' every actandn~leC1=ofthe OWNER~nd pth'lr~ rela~intto or ari"iogout ()hhls Work.. Any
parm~nt, however.fJnlll oi'pth<;~is~, sb'alloqtrelellse ,tbe?ON:rRACTO!!',6r its sureties from anr
Obligations underth~c,;ontraC~DQ~umemso~tM,PerformanfleBond Md~~mentBoods.
('1.12 The CONSULTAI'!Ttnay,voia anytertir(qatIOn6f~bscantialf;':ompletiQn ClIrflnal Completion of th~
WorkiaSIi1~yl1e n~ssaryln his Qprnli;>nt9pr6t!ipttheO~ER fr9!11lbssif'he determines., b~.u.seof
$ubsequ~t1y dissovered evi~ence 0." t~!'lr'eslll!Sblsubsequent lnspe<ltip()()rt~st~,that:
1'1.12.1 tn.e Work.i. d~f~cti~e,or thatthe<C()!11pleted Workhas~,~dail'l~et/ due· to the fault pfthe
CONTRACTpRor any in<;lividual Qrentit)' ()perllting ~od"ror t~r()ugh ip requiringc()rrection
ot l'eRlacement to theexte.ritthat the prQjeC1;iS'O;Q l"ngerSilpnantially Completed,pr ir.t the
.caseoHinal Co",!pletio.n certification. 1s no liiln~etFinailyCompeted. .
14.12..2theWl>,*n~CeS$.ryt9P~Coli1f'letedfQrthe pqrpPseo'(~\!l'tifying the worka. bein!!
Substantia"t Completed!lr Fin.aJly CotnpleteclGaOriotbeyerified,
14i12.3 daims arU~rfs haYE!11111el1,~1!ld9~l'e(;i!ived,Orth~"'~ isreaspniQI\! ev1deoceindicatjrig.the
probable filing pr re~~ipt,thereOft"at,if validan<l pail!, :would redpce~~e.~moun~!>w!ng tP the
CONTR.Ac:TOR BY 2'0% in tnecaseoUcibstantiaICoi)'lpletionani:l5%"rithecaslilo(Final
COli1pleti~Ij,. '. . .. .' .' '. . . . .... . r 4.12.4 ,thEirs is DefectiYll Work they;j(ueof'.Wh!<;h; Ifdl!RIICted.fuo"lthe.contract Rtj~e WIiI~rd reduce
th~ali1oUM'oW[ng tQ theCC>NTRACToRBY 2()~jn tbezcass of Substantial C.ompletion and S%
int!le case of Final 'Cpmpletibn, . .. . '" '. .. .
14.13 If theCONS!JLTANTde·~ertifiesany pqrtiQ)lofthell'lprl<that was certifiecj ("lnitiaICettlficatipn") by
the CONSLJ~T"NT, th,eGONTRACTO~~Mfl r~payto the Cityof,!iOL!th l':1iaroj.~nY li1o~"'l'paidas a
result ofsoia Initial Certification being i.ssllea which sh.all be paid onlywhenth'i!dl!~ertifred work is re-
certified.
ARTICL:E ! 5-SV$.PJiNSleNOFWORIS.~D tE~IN~l'ION,
15.1 Th!! crrrlll.y, at a~.yti'i"e and with!lli~ caq~eis~spilnd the '(Vorkpr ajly porti~n ther¢Of fpra period of
not II1brethan ninel1(90Icalendar daYs fly nol:i¢/ilin writin~totheCONTRACrOfl,andtbe
<;ONSULTANT,whith shall fix the date onwhlc;h Wbi'k~h'3.lI.be res~med. The CONTRACTOR shall be
allowe~.~ Increase in the ~90t,,~~ Prici!pra.n extension of the CpOtr~<lt Time, .. r both,directly
attributa~leco any suspen~(()rj ali.i1 ifa claim i$timely made.no :Kit i$~lIo~unc/erthe terms of Articles
I for Article 11.
Cit;x May Termlnaie
I S~2.lfthe CONTAACT~B Is a~ludgedpankruptor tIlS(j"'~I).t. .. t ,if heif1ake~a general assignment fur the
benefit pf it. creditors; pr If a trustee orreceiver,i$appOiI!(~ftjrtbe CONi'RACTORor for anyit$
pro pert)', or if .h~ flIe$,a petitipn to. tak~ apvan~\i!o( a.n)Hlebtpfs. act, ,pr to. r'lOrg~nize und~~, bankruptcy
or sili1i1ar I.'IIIS, or if /.Ie rl!Pejtedly falls to sup(llysuffialeht~)(ill"'dworkmenorsuitablen\ateri~. or
e'luil'm'1nt,Or if her~peatedlyfailf.to. make pR:lmptpaymentst~ $u~cpntractorsorforlabpr, m~eriafs or
eqlJipll)en~ ,O-he .disreg:\rdslaws.ordinan~es, rules, regulation.£pr orders of any publicbp<!y having
jurisdi¢tiQ!), Or' if hedisregaoos the aothpri~ oftha CPNSU~TAN;r. or if he otherwise Violates any
provisi(jl\ ~f, tlWContract Documents,tReIHhe,CID' li1ay, Withou.t I'rejudice.coany othe.rrw.tor
retn\!d)' and afteqivingtheCONTRAcrO~ ang theSuret)'seveq(7) calendar days written notice,
terminate the services of the CONTRACTOR ah4t3kepossesslon of thePrpJeC1=and ·of all materials,
egllipmMt. tppls,construction equipment and if1achinery.ther'lOn owned. byth" CONT~ACTOfl" and ."
~(Ji$ht~e}'Vorkbywb~tey<!r!iiethodlt !'lay deeme>(pedrent.lnsuch,~s~tbe C9NJMHOR~hal! pot
• ~e ~[ltitledto recei'ie;anjift,ctl\er payman,until tile Work Is ftnishgd,]f'~~eunpaid balanc\! pf the "
. Page 69 or73
Contra~ Prkec .exceeds the.qjreqand indirect CQstss>fc<llJ/pletlnl:theProject rn~ludin~ cQnJp.ensation
fQr,~dditional~rofessibnal.s~l'Vjtes. sJjdiexc~s shall:~~paid .totheCONT~ACTOR .. l{csuch costs
exc~ecd$uchunpatdbalancE>.the tON,.~ActORor~he .$u!fetyondjE> PerWrm'We.Bonds.hall pay the
clit'ference to the,Q:WNER,Suchcosts:in~urreci bYthecOWNER shall be determined by the
CoNSULTANTMd i(1cofporatecl in ·a,Chan~eOrcler,
ffafter terminati()il Qfthe t:;ONTRA€:TOR underd'is Sectlpn. it'.is deter.O'Ii.necllly a :i:ourtof comjlatent
jurisdiction/or a~yr!!ason.t"at tbe CO!'!TRA(:)TOf\ was ~ot in dE!fau!t. the rights and obllgati(jns of the
OWNER.i1I)d the COl'ilTRACTORsh.lll!e·the wne as. if the.cerminatio." ~acl'been issuE!dputsuantt<;>
Section 15 .. 5
15.3 WheretlieC:ONTRACTOR.'Sser¥i.;eshaveb!!en Sott'lrl)}in.4tedbyt~eCITY said temlination sHall not
affect any ri$l1t$oHhe OWNER~aii1sftf)eCOI':ITRActOf\~h!!n~l$tlng orwliich martherl1after
aCcrue~ Anyretentlon:or ·payment Qf moneys;by the OWN.E,R d.uetbe CONTRACTOR $h~1I not,ele'se
thecONTRACT.o~ffom (ia~ilit)';
15.4 UpcmSl!ven(7Jq\ll!~dard~rswr\tten notice to. theCONTRACT<::lRandth.eCOhlSULTANt. the CITY
IT)ay •. Without cause and witboutpreilldlce to a~YQther rignt !!Ir remedy, elect totermi~~te tbeCon!r.ct
fprtlie convenIence pf lheOWNE~ln suchc"'e.\the CONTRACTOR.shalibe pard for all Wort<
eXE!(lutedandac!!!<lPtecl~Y th!!.GIT'(as .oftl'fecdat~ of ~hE>termination. mlnusanxde~!J¢tionfor damage or
Oefective Work. No pa~l)1eoc shallbemaqe forprofitfotWork wljicbhas, ootqeen performed~
I S;:tA theCITYr¢serves the rllhtln the l!veiJt~h~C:;ONT~<::rORcann"tprovide ail citem(s) or ~ervke(s) Ina
timeIYmanrrerll$req\lest~, to, obtain#)ego(ld"nd/~r services frometh",r $Qurtesand deducting th!!
cost fro!'/) thl!: col1tract Price Withounlolatingtheintl!nf",f the Contra~
Removal of;Equlpment
15.5 In thl! !!:iSIl Qfternlinatje!1ofthls .1(:~ljtrac!tbE\foi11SQll)!!I~I(m:foranyca(fse Wliatever. the
CONmACTO~i if notifleclto .d<:>so ,by the CITY. shallprQml!trrJeil1Q~eanypa~ or .• 11 oBts ¢ilui~ment;
an<!S:~jlplie'from me pr~~erty Qft.hl!OWNeR.Shouldtl)~Q9I'1TRAQTOR.not removes~cl).
equipment. and <IIPplies.the ~1:rr$haUhave,the rrghtto:rel)j!> ... ¢'t~!>liu~ the expense of the
CONTMCTORa~d th~ CONTRACTOR ~eesthatt~<1 OWNER .\jall notl>ellable(!>rloss tir dainage
«>.~!lch equipmentor sU~Plies .. Equip!!lellt and. supplies shall. nptbe ~Qn$trued to 'h'~lude such item.s {or
which the CONTRACTOR, ,has. bee" ~idin whole<>r iii pa~
COntrarntMay Stop WQukol' Terminate
1~,6 II. through no act l:>rfallltoHh.etqNTRACTO&..t~eW.c:>rk i~SllsPe!1decl fora periodof.mtiretha~
ninety (!l0) qalendar days by theCIT;'Y'.ori:>to:rderOfOthIlrPul>licauthtirio/.Qr under an <:>r<i er Of c",utt'
ortha cdNSU~!ANT fails tQactQ~anyAJ>.l?lica~i<;>n ft$~ l1aymentwlthinthitty(3q)calll!ldar di\rsa!te~ it
is subtilitted,.",rtheqWN~R t.iilsto payth)i.C<::lNTRActOR anysumallPrPveclb)' thecqNSULTANT,
wit~i"thlro/ (a!l),Q!el.lcjardaysDf~s approval,.anel presentation. then . the Ct)NTMCTOR,may.upcin
t¥il)lj,>,{~!l)c:alendardays Wl'itten lXoticetc:> the crry andtheCONSVLTANT. t¢rminatetherContract.
1'he CIJ"{may remeclythe delay .. or nti!g!ect within the tv.'encr(2Q)c~!eo~ar day time frame. If timely
re[l1~i~~ by the CITY the Contract ~halLnot be'Cllnsiderecl· termlliated, In .lie~QHerminating.the
Cllntract,. If the CONSULTANT l)asfail.edt(j~ct<;>1) anAp~lication JQrPaYlJl<!ot ot tbe QWNER has failed
tQ make.ox payment as aforesaid. the coNtRAcTOR m'ruppn te'l( I Q)~lebQardays' notice to the
CITY and the CONSULTANT stOp tlte WQrI~ until it bas b!l!lnp.aiciallatilount5 then due.
Indemnification QflndegendeJjt,ConsultaQt,
IS,7ihe C0N1:RACT.ORa"dthe CITYb~r.ebyacknOwledgeftlfatift&e CONSULTANT is:l;n IndeMnde"t
~ontrac!torofth!!OWNER. theCOrSVlTANT Iil.a:Yb!!l!el~cta!it to tule on.ny disputes concemlng the
Contract Docume~,tsor Qnt~eperWrmance oftne CQNrRACT(::'RQ' tbe.OWNERpursuanttQ me
terms erme Ce>ntractDClculllents. Therefore •. tlte. OWN~R. at the CONSuLiANT'stequ!lSt, agrees to
provide the CONSUL TANTWitha written iildemnilici!.tion all<:\it"Jd harmles.s agr.eement teiildel)1nify
and hO[<I thElCONSULTANTh.rml.ess as tOal;lY deci~ioniJj tl:!!sregard beforetheCONSULT;Il,NT makes
an intl!rpretation, de, certifies a payment .~l1plicatiQn.decertifieS Substantial ComplEo1:ion, decertifieS Fi.nal
Completion. certifies an event of default, Or approves 'any action 'which requires theapprrjYal of the
CQNSUL.TANT. , I',
Page 10 of73
ARTICLE 16 -MISCE! I ANEOUS.
1.6.1 Whenever any provisicmofthe Colltractt>()~ument.s re{wlt'/)$ the givitlg of wrlq:e.n notice It shall be
d.eemooto havebeenvalidIY~iV~1! ifilelivered jri pers"lI to tije individual "no amembEw oftheflrm or
to an offiq!r of the corporatioo.fut whomitis.inteijded,Or jf,Jell\iered.tonen.t.by registered de
16.
'2 certi~oomaJl,post'lgepre"aid,tot/1\!I.ast known bUsiness address.
THeContfatcPo¢!!l1lel\ts$I\.lIrerilarn J:he~n,p~!1¥0f the OWNl~R, Tbe CONTRAC'rOR and the
CONSULTANT .h~" ha,ve ther18ht to ke eP9rier<!j:ordset oh'he COll~ract D"cuments upon completion
ofthe Pr<lj¢t.
1.6.3 The duties. and obJi~atiOnS imposool>ythesE! ~"neral(:ondjtlons,~peclaIConditionsand SUJ>plemerltary
Conditions. if anY,and t~e rights and rep1e<!les aVailaqlehereund~r,and, in particular but Without
limitation, theYi'i\tlt~dtie.,p'aranteesandobli~tiOJ1slnlpos!ld up<:In CONTRACTORl>y theContr.ct
Documl1n~andtl1etights andrem~~ij!taYaiiable to the OWN~~~(t!.l G:;ONSULTANT therel(nller. $hali
be Ina~<litiont.Q, and shall. "Cit be. c<:Instr).led i",Iany wayaHJjmi~atiptipt, anyrightsandremedil1Savliilable
by law,b,Y$ileQ~fguaran\l1eorbY <!tfi~(pr()vislonsoftheCOi!t"lltt !;)Cieuments. . .
.16.4 Should the Q'!l'(Nei'.:or the CQNTIV\CfOR suffer injury Or dal!'!ag!'to its personar prqp.'lrty becaus.e of .
an"ertqrlomisslon,onctoftlieQth~qrofany of theil'emplaY$es or agents or others for whose acts
th~.)' are l~ly liabh~. claim shallibli tn~deln ,writing:toth~ och¢rparty Within twenty one (2J) calendar
daysofth'l flrstobservanceofsl.lchinjury or damage.
ARTICLE 11.yvAIYEItOF tURV TRIAL.
17.1 OWNERJlndtONTRACTORl<J)ow!ngly, irrevocal>l~YPluncarily~.ndintentipn~ny waiv!\any right either
may have. to. a erial by Jury in State Or Federal, Court.pr~ceedin~in r~.pect to any ~t1tion,pl'oceeding,
!awsu.it or cpunter€.lalmarislngoutoftheCon~ractDocumentsor the:performance qtthe Work
thereunder. '
ARTICLE 18-ArrQftNE'iliFEES IURISI.lIICTION I VENUE! GOYERNING LAW.
18.! The. Contract shail becllnsctuooioa(cordahc,! Wjth~ndgo\l~rnedDythe law <;If the State ofFlorlda .
. 18.2 rne parties submit t<:l. tbe, furlsdictiqo 'of any,cou~j9f ;l19mpetentjurlsdlction In Florida r<lilardlng any claim
"r action arising out of orrell\tlng to th!!Con~ra~t<lr I:;:~ntriict Documents. Venue.ofany action to
I1Ofo",ce tbe Contr~~t$~all be .. in .Mi.~mi·Qade QciPI:If;Y. ·Florida.
18:~ ExCliptasmafl1\l0tlJelWise p~oyjdedJnthE!Co!litactDocument$, aU'c[alms, couilterclaims, !li$putes and
other matters Ii) lIuestlon betvv'eenthe OWNER .and .the tONTRAC:rOR,arislngout ilf or relating to
this Contract orthl!or",ach thereof. shalll>\!d!,~i!l¢d Inacourtofoom!>etent jurisaiction within thaSmte
of Florida .
. ARTICLE 19-PftOI§CT R~CORPS,
1.9.1 TheCITY$l!alrJj~lIe;tl~ht to Inspect ani! cQ~¥.dorl~~r~~larbusines. ho~r$ atOWNER'Sexpense, the
booksand'te¢61'iJ.andaccountsofCONTRAC:rQJI,¥<h!~h relate in anyWay to tbe Project, and t<;>any
claim for a<l~.ltio!ial'compensation made I5Y CONl'~CTOR, and to~n<ll(ctan. aUdit ofthefinanCial.and
aCcounting recor.dsofC.ONTRACTOR WhiCh rellit!\to thel'rOjecc; CONTRACTOR shall retain and
makeavalla/lle to CITY all such books anll records andaccount';.flnanclal~r<!therwise, which relate to
tnePrdje¢tand to any claim fora PCilriod oHhree(3Jyear.foUpl'iingfin~'~0ri1ple~lon .0ftheProjec~.
Q~i'lngJ:h .. Project. aodthe t.ht~(3)year period following fio~!<iompletlon oHhe Project,
CONtRACTOR shall provide CITY access to.ftsbooks ~nd records'upon flve (5). business daY~ wfltten
"Iiltice;
19,2 CONrRACTOIl. ~lid all of jt$sub~qntr~ctorhre t~UirMto~mp!ywith the p~bllC r<!j:ords law
(5.119.070.1) MUepl'OVlqingserV/oason l>ehalf. of.th~~Wf\lEK and theCONTIMCTQR,~n4ersOth
condltions,$hall in~llrpPrate; thls,,~ragraphin all pfl~s sUbeont~¢:sfor this .Project .. YONTRACTO~
and its subc<lntraCWr'sal'e specifically required tCi:(al K$epimd maintain public records that ordinarily
andnecessaril), \'V9uld be requirl1dl>ythepublic a!len~)'in o(dertoperform the Wylc;e; (b)PtoYlde .the
pul>lic"llth a<icess to public records on th~samCilterms and cool.di!io"s that the public ageney would
provide theri)Cot<:ls and .ata cost that doesnpt .exceed. the C<;lst pro~ided inthisc~aptl!r or as otherwise
provlded"Ji law; (c) Ensure that publicrecordHhatarE! $)(emptor con~dential.and.I1X!!i):lp.t trompublic
records disclosure reqUirements .are ri!i)~dis~losed$)(cept as authorized bylaw; aO.l:l {d)Ml1I1tali
requil'!!ments far re;;alning. pQblicr!!GPi'iJs andtran~fI!r.atno cost, to thCilPHblicagenCY.~lIpl!~'icrec,?~ds.
in;pp$Se.~Ii>n lif'tl)e'C<;lotractpr UpOl) term[natlonolth,,:contract and dEl$(rby anY duplicate p!:t~li~ fli<:ords
.' . Page 71 Cif13 .
, Thol)141S It P~pe
'~~';,3,U .
19,3
. th~~ar!!.exelj)pt orconf"'eh~ialand exemptfrom pLiplic recprds disclos.ure.reqQire!1lllnu. All rllCords
store(j electron!callrmus~ be pr9vi~l!~to the p.~~lic age~~ in a form,tllt.t is i:o.mpatible .with the
lrifprmationtechllplo~~tems of thll publicagen~.
IfCoNTRACCTOR~r\it.~ $YQcontraetordoes I)ot complywith a,p~~llc r¢cotds tequest,dleCITY shall
have the r~~~tqerifQf'ce 1:hi.s contral!li.prQ~i~ion. fly spe~ificp~riormljl)c'lancl~heRerson who·Ylolateslhis.
provision s~~lbe liabJ~ to OWNER fGll' Its S\lstS Qfenforcing'thisprovlsion. inciudingatWn'lY fells
incurred Inall.ptp.ceedings, .whethera4mkiis!rative or civil.coutt and In all appellate proceedIngs.
ARTICLE 20 ~S~VliMBILITY.
to .. 1 If anyproyisipnoftheContractorthe app.f!cation thereoft0anypersol1or situation shall t'1 anY ,extent,
be held In'lalidor un!!nforceable, there.o:n~inder .of theCont~<;t,andtheappUcatlon ofsuChprovllions to
Persons"r si.tu.tipns other tha~· ~hiJs~a$ to which itsh~1I h~\le I>.eenbeld invalid or un~nfor~eabie shall
nllt be 'affected thereby,. and shall cQlltinuein full fOrcl)' and ~; aM be. enforced to tbefu""st eX.tent
perroitt¢d by law.
ARTICU,21 .. iNDEPeNDENt CONTAACTQR.
21.1 The CONrt!.ACT'OIOsan(nd~p~Ment CONTRACTQR uh<f¢rthe Contract. Servic!!$provided by the
CONTRACTOft shall be bYJe'rlip.!<:iyees .of. theCONTRACTOIl. ~nd subJect to supervisipnbydl¢
CaN'tRACfOR,anQnot as offl~l!rs, ~mployees!9ragent$ohne OWNER. Flllrso.n,,'. policies, .tax
resp~nsibilities,social security and healfl) insura:nte,e)l)pl.l1yeebEmeflts, purchasingpolich~s aM other
sImilar admlnisCradv!) procedures,applfcable toSe.rvlc~ ren!ieredunderthe. Contract shall be those of
the CONTRACTOR.
ARtiCLE 22-A$SIGI!!MENT.
22.' TheCON1'RACTORshaii not transfer Qr.ssi~a.i1y ofies rights ordut!!! •• ob"~tiQllsand responsibili~ies
arislngundertheterm~!:<:anditions andptov:i$IOns o/ihisContract wlth<!1ut; prior 'lyritten Consent of th"
City Manager •. Tlte cm' .wlUnotunre;!son~bIYr"thhpldand/iJrdelay'lts cQns¢n~to the assignment Of~he
CONTRAI:'!fjR's (j;ights. TheOTYm~)', :1~lt$sole and a:bsolutedi,s.retioo,(efuse~o. aUo.wthe
CONTRActOR. t<>assignits . .dutl~s. obl;g:.ti9QSandresppnsibilities.lnanyevent;theCITYshaU nOt
consent to *"·.assignment unless CONTAACTORremainsjoindy j!OlI,l~YeraUy !labJdor any bt~ch or
the Agreem~nt bnhe.assignee, th~ Msignee meetsa.U ofthe crms reqtdrements to the CITY's sole.
satis(aAtiol\anddle assignee executes .IJohhe ContractD,oc~mentS that were required to bee)(ecuted
by theCQNTRAC:rOR
1111 WI.T. I\lli5$ "".'. HEIJEO ... F. '. th .. ,e .P.~rt. les nel'eto .1)~yl!t,exe.s.Ut.ed t~,· .•...•.. G~ne~.1 .Cooditions t!J!.;l~kno .. wle(jge t.he ir
inclusion as pare of tbeContra<;fD'ocuroentsOn this. ·fl,"" ·dayof ' ~t: , 20_1._>,
,. ",
CONTftACTOIl,.! fiA¢.t. .,li;')awWIC <9:.1.m..n:!. LLc...
SignatMre: ~,CJQ .'. . . ,
PrilltSignatory'$ Name; .'55t6i1A..J ~A~ k",s
TitleofSignat<>ry: ---~l-' ..:. .. .;:."" .. ::"'~=,,,',,",.'~,--~----
SIgnature: ~M7a-ri-a7M~e~n-en-d7&~. ----
City Clerk
.Read and,ApproYec! aStOtorm, Language,
Legality, and e,*~t!on There9f:
Signature: -'::::----:-__ -,-____ _
C.itY AttorneY
OWNER: CITY OF SOUTKMIAMI
Signature:
Steve~ AI.exand.er
City Manager
I;XWIBIT'8
Supplementary. C()~cfitions
Ci~l:I~.~fd!,Vi(l!.I~ .. ~e"airs
JtFP#PW'%PI5-2%
A.Oc>nsultant: ·'n aacorll~n~eWithARTICLE I uftt(~Generalconditi6n,s:CQNSi)LtANTis defin~d .astbe
person identified as theCONS0LTANT In tneSlippllamentatrCoo<jitlllj1sC>r If none. th~ CI.TY's
!lesigna:ted rel>resentatiy,easidentifted intheStipplemenwy .con;qitlc>ns. The CONSULTANT's,if any.
and the City·s b!ilsiil~ate" R~presentative's name. address, telephone n~m~er and facsimile number ;are as
.follows:
Consultant:
B. Termin~tionqr Substftuti<ln of.C()nsultant: .. Nothing .hereiti sha.!lpreventth~ :CITY from terminatin~the
~eCY,ices ohile CONSUL l' ANT or from substituting;~"Qthe~ ··pe.~son"toact!a~the CONSULTANt.
C. PlaosforC;onstructi~n: "~ii! ~\lcces~f~ICPlf!rP.AC'tO.8Wili be:furnis.hedone (I) Slits of Contract
Po~uments.wit~oUtcharge, . Any a!ldit;ooakopies reqVired will be furnished to tb.e CONTRACTOR at a
cosH\! the CONTRACTOR equal to therepr9d!l~(jqn cO$t< .
D. the Scope of S'eCY,Jce~ i$set forth in the RFP a(!d i~ the documentsetJoo;th inth.e attachedEXHI~!T I.
~. COhtractorshanc\ilIl1~.ly wi.th chla insurance an~hirt~.emnificatiM requirements i$set forth in theR.F!' ~nd
in thedocume~t $~t tortll. ,in theatt\iched/:lXlilllIT;Z
F; The Work shall b,:,compliotedin TBQdays.~hl.essa:shorter time Is,s.etforthin theCont'~~~M 111 such
.event the C'1QQ"aa·sl1alltakepretedel1tnotwithstanaUlg anyprQ'tlsiOn tn the General Conditions t.o the
Contraat~~l 'lJ~rb~~9th,:e'lntra:ry.. . . . .
·INWITN/:l~SWHIS8EOF,thepa.rties heretp. have eJ<ecuted~he 'Supp.le1i1Il'1tary Conditi/)jlS to
acknowle<!,ge their inc!us;Qn as part of the Contract: on this tt+'-day of ... , IM~· .. 20,./J..
. . .. c. O. N .. ; .•.... '~.a ••.. ~.T.r.~):.R.}~Jj' ~~~ ~ Print Signatory's Nilme:.· ~~:.:....:. ~
Title of Slgniltory: .;. ~. . .. ... .. .
AttSSTED:
Signature: ....."7""C,...,,.::c:--:-:-~--
Maria·M¢Mrtdez
Cio/Clerk
Read jlnd Apl'rc.'te<:l.as .t<!Form. Language.
Legality; Md ~e<::u.tion· Thereot.
SignatOre: ______ ~~_~_
OWNER:CI'rY OF SO liTH MIAMI
$ignatute: .....,.._~,..,..._-::-____ _
Steven Alel!an.der
City Manager
END OF.DOCU.~ENT
Tbo,"" ",,,ITepe ·.Ol'2~·i5·· .
Page 13 tif73
R.J;SPOND.ENT.QUALI,fICA:-r:ION,STAl'J;MJ;NT
Ci~~"S;i!feW;1rlf~ii!i>air$
B.FP #PW,lprs.Zl
Tlteresponse to this qlles#on!'alre shall be utifl;:e" as part ofthe. CITY'S o ... ~rall i'roposlil Evaluation .and
RESPQNOENT selec;tioh.
I. Number of"ittlilar prqjects, cOlllpleted.
0) In the past 5 )i<!ars
In the past 5 ,years On Sclledu,le
b )111 the past JO )'ears
Ihthepast IOYl!!ar$ OlT,$ch'lduie
2. List thela~tbreef3} completed similar ·ptojeru.
aJ
Owner Name:
Owner Addrl!!Ss:
OwnerTelephorle:
Original ContrattCompl¢(lon
(Days):.
Time
or\SlQV\h~'t!,fW
Original Contract Completi!;lI1<Oate: -~J;' .• ).. :c.'J:'~l<' ·lo!Q.-· -.llC;' ~.;:;~~ ______ ~
Attila' Final Contract CompletiO.h
D.,ce: -,-S'\;iI' ','c:.' S!Ca,u,li2rz,' =-·IL?>~· _~ ____ ~_
Or'Jginal Cqntratt Pri~e:
AttuaIFinaIContrattPri~e:
*,.120J~UC\
~.\49IkAO
ti) ,Prqject Name:
Owner Nallle:
Owner Address:
OWner Telephone;
6U;{-YI)AVY'k ~l:pe£jR$.
T:ou:m ,OE miA.oo'". kAll.E$
1.)!lavl('f\A~.u 6t. N\;A tAkXS
(&d5) ?lo9 -\0 100
Original Gqnt!'att
(Days):
Completion Time ,. .
¢>Y"JapIN'T :0, (~.tfV{2. c.oo'tl4\c:T·
Qriginal ContraCt COlJ1pletlon Date:
Actual' Final COhtract
Date:
Otiginal Contract Price:
Attu.IFin,1 Contract Pjoi,~
Completion
Page 12 of 73
~"1' Up
CC;EPl t9 ?;, .\\ . II 0
a~:;~b~~X::~
I 03' .:apC'~ ~i:Q.1,.\ :(:.\110iW;H (<2. ~Yi:I
c) Pr()je<:t Name:
OWner Name:
Owner Addres.s:
Owner Telephon¢: (M~)cW'hY. ~ !..l~lol.
Original Contract C()mpl~ti()n Tittle
(Days): Q\\-\ EiOH"'tb ~ybA12~
Original ConttactC()mpletlonD.ate: ,. .... 3",· ._'-,'9:1-'-'..11---,·· --'----_----'c---
Acto,d. FInal et;m.tra«comPletio.nO. r\<(; SH"-.<':r .. ~'1·. l~
D.a~ . r."'.: ~ .•.. ~r-::M ~ . ...o.. A1"f\. ". ,1)I.N'fr Q\.J
Original Contract Price: ~ .
Actual Final G()ntractPri.ce: " -t;-. Sl\c&<::>Th DQ;;rE--
).
3, Current workload
4. Th~fQUowlng infc>rmatl.on shall. be atta.c.h~ to the proposal,
a) RESPON.DENJ's home office organlzatlonch'It,
b) RESPOND~NT's propos~ project organizational chart,
c) Resumaofproposed key project personnel, inciuqlngoINfte$uperlnteno;ient,
S, List ~n.<fde$.cribe any;
Pi\gElll of73
a)
bel
Bankr.uptcy petitions file~ by orag,,'nst the RE1$ppnd en~Pr any peed!!ces!!)r t/rganizatlons.
AnY'arliltr~ti!;ln6t civil or crirnlnal pr!)C~¢lIings, or
c)
SuspEl!1slon of c9ntra.cts ordebarrlrrgfroltj Bidding or Responding by ahy public agency brought
against the ReSpondent 'In the lastfjv~ (SJyears
6.GovernrnentR~(etli!nce.;
List ·other G6Y'i!rntnenl Agencies 'Or QuaSi-governtnent Agencies for Which 'you ·.havedo.ne· busihess within
the." •• ! five ($) .years.
NameofA,;encYl 'b~QWi:)l?nC¢>I..tO'kt ~e.bocl:S. .
Address: boo ~a,flIP.-i.at I P:t~'@i ~ 6"'1::c... .
T~lephone No.: (-, '5l.1)&4~ ·~StQC1)
Contact Person:
Type of Pr6lect:
Name of Agency:
Address:
Contact perso,,:
Type of Project:
Addr~s:
Contact Person;
Type of Project:
:rhom .. F.l!epe '~2,13'i5: ..
Mlero'l;:j)Ao(iCOU(\t[r1?Y~1 ; L JJo ~k-c;;.
9=1~ ~3::i.!O~' .1-1 .J)'M:L!'ut-J,),,~· -",'5~\S~·~~!..L!~I. --L!mu.·· '!.1\ 'A!:L' . ..;LPL~~n ~
I ~05) &9 'T.S":la,:;
,
C'A~ "0 F ~\~ .. Ulill..q9W I~"S •
4:S>(:PN\,Qf>(P'\4. .~:.''!, \:AJ..n. L~~.s. ~
(Ct$\\) S~. ~8gd"
Page 140f73
landscaf'!1a
Sodding an~ T~.rlWork
Electrical
Irrigation
Paving
Park Amenities
Graphic~
Utilities
ex.~vation
Building
Structures
Plumbing
?'linting
T~ng laboratory
Signs
I
'iIIi.thinfive (5j bus.in".ss da)'salfter I!I~ Opening. . ... .
END OF SECTIPN
~1$Qf7l
Thorn .. F, P,epe
,O~.2).I.S ..
NONCOLLUSI()N AFFIDAVIT
STAT~ OF .~LOP.lbA
CO!JN'tY ,OFMIAMI.DADE
)
1
)
(I)
(2)
(3)
(4)
(5)
S'le"§.!.i5>tip, NIP "i$ . Il~ilig ~rs~ dtily ~worn,depo$esand states tha!:.
He/SheITh¢Y"s!al'ethe. '~(~JtJt&I!#6s~r
(OW!)er,Partner, Officer, Representa~v~or Agent) Of
Ftori.M. Sk.tejlwJc.Sc)\t~iu!!1 ~ the Respondentth~t has. sul>.mitted the atta.ched Rt.opos~l; .... ... .H'.. .... "
HelShelTheY W~refuny ,nfqrmedcPnceroing the preparation, and GOn.tei'lts of .tlll! attaclledProposal
and of all. pettinetttcircul!lstancesc:oncerolng such ProPQsal;
Such Propos~1 i.s'gen)linea.nq is~otacQII.usive.orshaO'tPri:>p'Qsal,
Neither. the s.id, RespQndebt o<iraoY,ol itsoffice,r$"Pa~h"('$.ownel's. agents. representatives,
employ~~. orp~~i¢s.ili.iotel'est. indudingtbisaffiant, have. in any waycollu<;led, .conspired. conni~ecj
.or agrel!d,directi)(Qr indirl!ctiy,Withanyother Respondl'nt. 'flr!ll, orpl'rs';>ntl) submit a. collusive or
sham PrQPo,~1 In .conn~tlon with the WorkJor:,W~i~h tbe ~ttachedPropos,! hasb~Jl~~blnitted;.or
tor",ffainfr?mllldding. or pr,opo~ingin conn'l!ctiOh,¥-'IIQ$uob Work; or h~ve In any . manner, directly
Qrlrj~irl!ctly." sought by ,"I!~eementor cQII~IQn; or .~QI11Oi~ntcl,ltion.or conference'JVith any
R.e~ppnden4 flrm. orpersontofixanYoverheild, proftt,.pr cl)ste!em"O~'9f the Proposal otpf any
ot~er R'Elspondent,. or talix. any oyerhea~, Jiroflt,orco~telem",ntsofth"', Propos~iPrice or the'
PrQPosal.Priee oLinY other ResPQJjderttot t<l*\ir.e.tliroygh any conus/on, conspiracy, q)nliiv~nc<!,
orunlay;(\jl'.agr<ilement any ;(dyan~eagain~t(l!.eclpient)i.or any person interest<i!d, in the prQpqsed
Work;
"!'he price or prices qUQted jn thea~ched Iiroppsa! are. fair atldproper and are nottain.ted by atli'
collusion; conspir~.conniyanc~, or u.nlawiul.agree!llent .on.the partofth\! ResPQn<!,ent or anyother
'of Its agents,. representatives, OWn",," emplqyees or. pa~les of Interest, intludinl1 this affiant,
Signed. sealed' and delivered:, in the presenteof:
~!~~.·'.'···.·.··b ," f~
Date
STATE Of Fl.OP:IDA )
)
COVNTY % MIAMI·DAOE )
Obthi~nthe' .l!~ da)( .. ol +-lor r ' befbre me, tne uridlarsjtne~ NQtary PqI>It!)Qfth~St.at¢ ,
, oHlo~i.da,persoii~ly a:l!p~area' .N me(s) of irtdividual(s)whq ~pp'earedbl!fore " ,
Th<\'11.\lSF,,"Pel>"
.,02-13"15'
,Page. 16()~i73
L_-!J~~~"""4:JC~:;;;'"",!,["-""", __ :--;",,--,,-,,,"""=,,-a.nd wh.ose name(s)islareSubS'cri~.ed to the
elshel h~ya~f(I)1!wlE!dge that M/"h.eith~Y'''xecutedit. .
WITNESS my hand and .offici~l$eal.
NOTA/l,Y PUBLIC:
SEAL OP.OFFICE:
Tho~"f·"'~~ :\02.~H5
Persoilall), knownt.o me, :.or
L f'iilrs.onal identifiCation:
Typ.e·of ldentificationJi!roduced
/' Did take an oath, or
Did Not take an oath.
PUBLlC!:NTITY.CRIME~ANDCONF .... q;TS· OF INTERE~T
PursuanttP~l)eprpvi~ipn$/DI Paragraph f~) (~)of S~iPn287,1 ~3,FIQril'la Sute .sUt"te. -"A. person or~ffiliate
who h~b<1¢n~la~e<l em Jb'i! ~~Wi.cted vendptliStf9UpwjQ~.a:C9nvfd:iPhlorapubli~entlty ~rrme.maynot sUbmlt.~
Pr0p9sa! or bid . on . a !Sontract to provide.a~Y$o01lsorservi<testo~publi~~ntlty,rnay not.su.bmit a Bid or
proposal for a Contrad with. public entityf'lr the cOl\str!!<!(i'lnof repairpf apublicbulldin~ or publ.ic wpri<;may
not s.uQmit bids .. 0< proposals On le .. es . orrealpropertytba ~Ublic entity; may noe bea'MIrded topei'fPrm Work
asaR~SPONDENT, S~b.confr~or,supplteriSlib.col\s.ulun~ or Consultant under a Contract with.ny public
entity, and may nPJ; tfapsactbusinessWithany.publicecttity irtEixcess ofth~ thr~sholcf am9unt Category Two of
Section 287.017, FI9rida SUMllS, fprthifo/six (36) mpnthsfrornth~ da~ ¢fbelngpla~pn iiie conviCted vendor
list". "
The~w~r~ofany tontr,a~ hereunderissu.bject !;!:>. the .. prpvf$io()s 9f. C~apter f I ~.Flotida. State Statutes.
,Re$pc:lnilents .!lIus~ disclo,ewlth theirProp:o~als., then.me ofajjyPffl~er, dir~tor;partner, associate orallent who
.is alsp ~n officarar employee.oftlreCityClf S9Uth Mi~((IiQr ItS agencies.
SWORN STA TEMENT,F'l)RSI.lIiNTf' 1'Q$ECjlc)N287.13.3. (3) (a),
.FLORIDA STAtUTES, ON Pl/.B4ICENTITY CRIMES
THIS FORM MUST illS SIGNED AND SWo!!NTO INTH!; "RE$~NCEOFA.NmARY PUBL:lC OR OTHE.R
OFFICIAL AUTHORIZeP TQ.AQMINISTEfl,OATH.S.
I.
[print. name of the public entity]
by Sr~ s!>Wi!S ... iklt$lC>6I$T
.... .rprin~it\qiy!dUal':~nal11e~,t~lel .i~n, ...•
for f1Ji!'r~, .S't~~~'o(~~. L..c..c..
[prin:t:nameof entitysubmfttingsW'lrn.stateil:\llntl
whose business address .is .c..fOA9·· 800 .744, . ST.eeeT
@Attrl\'('9~€l,J:t311 ......... ..... . ..
and (ifaeplicaol,e) its Fede~ar Elljl'l!?YElf rqentifi~~t)onl\!um~er(FE1N)iS i ~~ "'d!~:(!.~ ~ (If the
e~tityha •. ;'o 'FEIN, ina)udethe Socif~1 S~uri~YNullj!;et ~f tbeJndivicfual signing this.sworn.statement:
.~----~-~",-"--,-,~-~--,--.)
2. I anderstalld tilata "p~blit entltyerlme" adef!o.~ll in Par'!l:raph287.133 (l)(g},FloridaStatytgji,
mea~la vI91.tio" }~fany. na~e pr(e~.e,..llaw bY'a pe~sonwith respect to and . directly related .to the
trah$aC\ionQf b4si~ess withaoy public entity or With an agency or poUtital.sobdiyisi9n of ally oth!,r state
or of the United States, Including, b4tnot limited to ,any bid, pr9posal orcontract(or~oods orsllrv!Ce,
to be prov(ded tP any pubU': entiW or an ljgency or political subdiviSI?n of any l)thlirsf<!teor of tbe.
Unlt"d SUtesandinvolvingantit~us.t; :fraud, theft,.bMb"ry,cpl!~sil)o.rac~eteeri~g. Cp{!spiracy, or material
misrepresentati()n~
3. I underscandthat "c9nvicted"or "conviC\ffon" a:sd~finedinPa.r'!l:r"ph2a7,r33 (I) (b7, Florida.
statutes, means a IindlngoIguilt or a·· ~on.victiollQf .~ ]!Oblic Elrititycrime,W,j~~ or Without a.nadjl.lcfi9atfpn
of gUilt.i" any feii\eralor stata ttl,lecut( 'If r~ordrelatinlltocharges brought by indictment or
information !lfterJ,uIY I. 1989, ~ a .. res\!lt of ajuryverdict,noh-jury trial, or entry or a. plea of guil.ty or
n610 COntendere,
4.
(a)
.(b)
I understand that an "affiliate" as definedf[lF'araq~ph. 281. m (I) (~), Florida Statutes, means:
Al're~,ecessor!lrsucq"sS!lr 9f a p<irspoconv~¢ted 9ia. Pl!blic ~ntitycrime;. or . ... . .
All e"~jty un~etthe.cl'mt~b'of. anr ~at~fal,ee~~ptlwl5Qi$ i1~iYe in~hj! m~p~gelllent'~1 ~11j!(!,p~r~y
M~ wltohifs bi!!!·ij·C9rt\/ictl!dpla,~ubliC:;"!!\jjJity~Mme. Th.e.tertn "afliliate"lnduqes thQ$ej)ffi~~r$'.
. Page IIoH3 .
directors, "l!¢Mjves.partners.sl!ar",ho(d~rs.el!lp'oyees, I!lel!lbers .. an~ ~erits wh.o are active'ln
the. man~~mlmt~fan affiliate. Th!'.f'W~er$bjl' by pne;person ()f;~hareston$tiWti~ga (:ontro(lln~
interest in. ~nY p$r$o~.or a pool!n~ 9f equipil1ehtot inC"lile~tnong pe;rsol)swhl!n not forf;iit
marf(et Va/ji!! uncieran arm'sle~gij1. agtt!fjn\eni:,shalt. !>e'~ prima facie case that one person
contr91sanother person. ApersonwhQ·knowinglye~~llr$·.in;Q a.lilint ve~tureWitha"ersQij
who ,has been convicted of :a;.pupl(C':enti.~.crime 'In Florida!l,,/ring the preceding 36 months shall
JieC'i)nslderedao affiliate. . .
S. I untle.r1ta.nd thata"persoo"as defined inParc.graph 2a7,1~.3( I) {el,.Plor~. Statuws. IT!eal1S aijy
naWra! perspo or entj~QRgani~edunderthel.ws 'of'lmy sta:teor oftbeUnitedSta:tes With the I~I
power to. enterjntol!l>jndji1~contractandv.:hi¢~~j"s Qrproposal or applies tQ bi~'()r proPQsal()o
contr.cts .fl>rthe prpyi!ionof good~C!r se~kes)et .!1Yi~I'!!lllicenti~, or~hii:hotherwi~.e. tr;ios~cts 9r
appliestotransact.~u~iness with.public ,~ntity .. i'rh"wOi"person"inciudes#lo~e Q'fficer~. directol'S.
executives, ;partner~,sharehplders •. employe~s. m!!fnberJ, andl~ents who are actIve io. m'"!!geme"t of an
entity.
6. Based .. Qn,ioformatlo(1and belief, thestatetn~{Whidjlhave marked belpw i$(rue. in relation to the
entl~$u!>IllIt1ilng this sworn statement. Ttndi~ate Which statement applies.]
fll2 N~I~her the entity submit1;illgthis SWQ!'nstatement, nOfl\llypfits <lffl:cers. direct()l'S.executiVe$.
partners,sbarceholders,. emploY~$, members.", ;!$"nts Wh!>"rl! .ai;tWe inth!>.managel11.ent of the entity,
nor ,any affiliate Qf the enti~ ha .• been charged With and conVict;!'d '(if a public entity crime subsequent to
Joryl, 1989. .
~er~bl;;:~~I:~~S~:~7Q~~;~;::.~~~:so;~:ra~0(ct,~J:~;:~i;a:~~:!~f~~:~~~;
or an affiliate"f the endty h,s~l!en,.~hargiad with' and ConVll:ted ofa public entitycrirnesubsequeot. t9july
1.1.989.
~Th~llrItitr$Ubm\tt\ngtbiS sWornsta;em~rI~Orbile or moreofits offic~rs. direPJ:Or~."l!ecutives.
partner •• s~ar~h9Iders. employees. rr)~mbers, .().r:\iElJltSwh9 .reactive :/n the managemer\tqftbe ¢ntlo/.
or an affilia~epftnl'l entityh~~~~fi d1atgl!dwjt!tan~!to~victl!Q ota public ent!~ crim"lsub~e9uent ofjuly
I •. ' 989, '. HQweVllr,ther~Ii~sbeen a sub~eq(j~"t Il~q~edingb~orea Hearl~g Offi~er Qf thgState ·of
FI9rlda •. PiYiSion offidministraljve Hearlrfg$and{lteFi!l(iJOtderen~riad.bytlte Hear,og; Officer
det'i!;m1neil tbat i~w~s nodn thOublic irf.tef!i!~ttQpla(l6 .!he."ntj~ submitting thi'sworn statel!lent on
the (:Qn~i<:tedve"dQr.list. [atC~h II :C<lP), .Qft~i!final Qrder.]
I Ut'!DERSTANQ THAT l]'lI;~I:Ill.MISSION. OF THIS 'FOR(1TO TH~ .(jONTMgTINC>OFFfC::ERFeRTH~PUl!tlc ~NTltY
(NDEII/TIFI§IllIN .PAlV-GAApIij.I(ON~) ABOVE IS FOR THAT PU8lICi~NTIT'f Gl)iLY. Af:.ll'l fHAT THIS FQRM IS VALID
THROUGHDEt~M8ER lj' OF :rn.ECALENDAR¥EARIN WHICH It IS FI~ED, I ALSO UI'/PERSTAND .THAT I AM
[\EQL).IREQ.TOINFORM TH5PUBLICENtity P~IOR TOENTERINGINTOACONTI\AC'r .IN~)(CESS OF THE
THRESHOLDAMOllNT PR9VIDED.INSECTION28i.OI7.FLORIDASTATLJ:res; FORCATEGOg'l' TWO OF ANY
"W,.,~ ,",~""","O"OM"""""N,""''''''. ~~ • ~.".,-
Sworn to·.aodsubs~ribed.before.l))ethis 1l4c.. !laY9f~t . ". ... '. ~.20IS, .
Pl!rsonally known __ ".;---------
OR: Produced identificalllpn -~f:>"," ",l_~ __ ~
(11}'peof identi~~ati(jn)
FOrm pUR: 706$ (Rev,Q611Ii91)
~(jn,:U~5'~T,'Pep,e
" ~~.1~·'5
!?age. 19 of 7.3
Wh~~ev~r'tW6Qr mor~Bids9rPf9Po~al~whJ~h ~re,!!~~~IWlthres~ t"'eri~,quality 3!ldservicEl.rere<:eived
by the ~tltgQl'br'OY pplit'ic~1 "jbcliviS'b:n~fpr theprQcQtelT\ent ,ofcolT\m,t\~itj"sdr~"ntral:t~,.1 servi,ces, a Bid or
PrClPQsalJ:eceived f~pm'~ bU,slne~s,that ceni$e,s that i,t h'~'iln1'1j~lT\ent~~adrug-fre,~'Iforkpl.~ PrQgralt) sh,\lI,be
gill/!I! prefertOloce in"the aW.rdprQcess.E~,!>ii$hed procei!uceS",(Qr Pt9cess,~g tie Bids 'or Proposals shllli. l1e
fOIIQ~·(!)'ti(rri)Oe oftbe.tiedvectdors haV<1l.adrug-free wQrkplac~ prog~M', :,n order to have adrl1g..ftee workplace
prQgram, a·busines$.$ha.fI:
I) f>l,blisna statementnofifying !!mplpye/!s t"anheunlawftllmanu~ure, diWibution, di~pensing,
PQsse~si.on, or USe o! aCQntL",lIed subst:\nceis prphibit!l!l.lnthe wQrkpiaC/!and specifying the
actiQnstl1at shall,bE\~~en~!!St ¢!r1l'lpyees fOr yiolations QhuchprQhitii~ion.
l) Infor01,~01pIQyee~.~b.QU~thfl\~a;n~~r~.ofdrug abuse in tlre~rckpla~~lthlll>"sines~'pdli~y·of
mainhilijing. a· druff.;ee wor~pla~e".atiy/aVllilable dt'u~ coun$elin~reH<WiIM~iQrt,.i!ld emplQyee
assistance prograrl1$, and thE! peoaltiesth~t may be'impos~dupojleropltlyEj!ls .k>r drutabuse
,lfcilations; . .
3)(>,lve<1laq~.'1lbpIQy~engagedin ,proyi,;Up8 the ,"ommoditie~ Qr c6nt~actual ~~rvi<;es that are under
Bid a ~QPy()ftli~~tatelbe.(1tsPet[f1edin>Sul1~elitlon (I).
4) 11\ the statE!I]J.en't'Spedfi'!d inSubseqtiQnrn!n",tifythe~mI"J\,yees! that, as a ~QnditiQnQfworking
Qftbll ~omll\Qdities QrcQntractualservicest/latareundllrBldihelltl1pfoyeeshali abrdebythe .
termsQ(the statementaod"haliliotify th~;elbpIAX~eQ(a!iyc.onvJ!ltIOnp~Qrplea QI. guilty or
Mlo .<rintendere to, anyviQJa~QnQfChl!Pt~~S'13()(OfanycQntr!llledsu6st\Oce law of the United
Stltes. Qr any state, fQI'avlQlatlon oc~urrjng:In the. workplace no later thaofivll (~~b"slnessdays
#ter' such con~rction.
5) ImpQsE!,~,sancti,On oo,orreqVirl!th\ls~tisfactoryparti~ip~tion in a drugabus~assi~t;aIi<:E! QI'
tllhabilil:;ttiQn. prQgram. if suchiSav~II3bI~ fn the, emplp.)'e<I's cQmmunity, by any emplQYI!" wltQ Is.
~ci,cQnYlcted.
6) M~ke o'good faith .Elffbrt to cClritlrlt!e tQ tnilintaioa.drugifree wQrkplace thrbugllitnpletneOt;a(iol1
Qfthi,;.se<:flbn. . .
As theper$onauthQri~~ to Jig" til' . St;aternel1t, I certify.~hatthis firm complies fully wit~tl:re above requir~mePts.
RESPONDENT'sSJgn~t9.re:_~f'l=-~""'~=:---:_~_~
Print Name: _~£es)et~~·~A~~~'. ·~~:"!iIi''''~S:...::.-J~~· .. (l.;~··'~~·\!JJ~!?! •. · .~ .. ''f:.!:..
Date: __ -4.5~~:fJ!.1'-",tfJlt",,£,-·····~ ___ ~ __ _ ()...fJ I
. 'I1I~fuaS F. "~I'~ 'io2M3-IS '. ..
i'age20 Qf73
• .P·J·fEiJtWJ9 .
.
. ~ .... • .. ~ •. MVqpM~ .. I.SSION. f;!FIi .. J~5 ... ~.7 .. ~ Elg'I~ES: APR~O.201e .
'., ...Boild!4 ~1tI1!Oh,1 t SI!/8ln~
.~I~
T(:) THE CITY Qt=SOUTH MIAMI
Wl'.fj~M 8\~.~.Sc>t~~(Nam!lOfCONTRAC1:t)~}. bl're~y .~kho""II!~gund agree tbat a~
(:)ONT£V\CrbRf,?tdre ... C,;ij#idl!SidIilWl\lkltepali;s projeC1;aS~,,~.ilied~.ve the soJe ,,"sponsibility for
c:.ompUance w!.!hallthe ;reH!lir~i)jentsofThe Flilc!eral OC~Ul'atill~.I$.fE!ty'h<lHealthAC1;o.f 1970 •• nd .11 &tate and
local safetyandb",altb re~gl.tloils. and agreet<jindemnifr '!ill hOldh~tn:Ii.~ssthe.¢lty·of.Soutli Miami and NIl\.
(Consultant}!!gai[lst anila~d aliI/ability; claims •. d.m~\.losses .. and~pe"s~$ they mayhrour due to thl! f;iilure of
(S\Jb-contractllris!l.me~):.· I ... .
Ni/:t ).
to complywl(hsuc:h act'Or regulation.
CQNIPJI,C:rOR Fl&uSt$iJeHWf~Sf'\.~~L('G
B¥: ~fN~~~tl~~QtD
Name . . ..
TitlE! .
~il)~ .. · ..
nom .. F.~~p. !O~;~~~1.5 ..
Page 21 of 71
• P. ~iFl:i\RARO
.
• ~ .. ·"'!'M. Y ... qQMMI. ~. S .. '.ON.#~ .. ·.gjl78 . . :. ~!RE$: APl!30i 19 ~. . .. ~ Bona',llil\lllllfi1ItS ·umnc.
AFFIDAYITC.()N¢ERNII!(G
FEDERALANI;iS't;A'I71S VIS~DO"iLI$TINqS
The person,or.entlty, whois.respon!lingto th~"Clo/f~Qlicitation,hereinafter'''ef~rred to. as "Respondent". niQSt
certifj!·thatthe Res~ohlf,,~t's n~meD0!iisNo~ ·appear oO:theStateofFlori~ll, Oep~rtniel'ltof Managel)'lent~ervit\!$.
"CONVlctI;O,Sl)~f>ENPED, IDISCRI[iilINATORYFEQE.&t\L EXCJL1.:JDEDPAR'l'IES .artd COMPlAINTS VENDOR
LISTINGS", .
Jfthe Respo/":lent's.name Ooe.s~p~ar pn one or all the "Llstirrgs" SUn'lJ11arized below. Re,pondentsm~$t "Ch .. c~
tfAPpl;e," nexttotileappil~~ble"4j~ting!'The"Listln$s" tanti." acce.$s;ed t~rough the fallowing Ulik to the Florida
Oepartmentof Man~em.\!nt S.~i~es website:
htu>'Jfl/iW¥Jbdni$;!JII!!arid •• ¢Gmlb~ilJeM·Op'era~oq~lst • .ie~vrchasiQrJv~ndor ·infgrmation/convisW'!IsusD
ended disctirYilriaWt):complaints', yendot ,lists .
llJ;I~LI!'RA'nON, Ut-!tlE!\ PENALTY Gf PJ;RJURY ~ .. ~Ulle11;~' ~. :~~~~:'~~::~~~:~~~~ r:efl'tred tQ.asthe",Declarant"j. statll,IInder penalty of perjury,
m:~~i~~£~~!~~if];~~;~;f:r~~~gSE~~~~::~~ntiS a ~~J!;~ Resppndent i~ 11 ~h~p~o~:~
Conlpanv).
(3) .' I have review!)cI tJil!Flgrida OepartmencQf ManagemE!ntSel"Vl~el Wel)site at tite followingl1RL add~esSl
http://www:Qll)s.myfloti!.lil.coilillillsio9$$..;operationsistate.J>urqhasinj!lv~n"!lr ..;informatipnlconvicted:",$.usJ!e~ded_dl
scriminatClry";C('lt11ril$1ts_velld~Uists . . ..... • .'. '. ...... .... . '.. . .'
(4) Ihave'eOtered ~Q''x'; 0La~h~Fk nia(k beSi<l.eElaC~ 1iS!'logicategorysetfl>rth below if the Respondent's
.~ali;)eappe~ts.il!~h(j:listfoundon:the Florid~l:;)epartril.l>nMf !l1ai!:I$OlentServices website for that cat~or.yor
listing, If I did ~Qtenteramark~esidea Iistinglt:~tegQryit weansth'!t I am at;):7sting co the faCt thanhe . .
R':$pondent'Hamedpes not appear on the IistingfQrtijat ~lItegory.in tbeFIoridaDepartt11entof Management
ServiceS .. W~Q$ite as ofth~ date of this affidaVit,
Check if
Applicable
Convicted Vendor List
Suspended V'i!~c!or Lfst
DisloriniinlltoryVeJjdor List
_ Federal El,<c!lld!lif P'~l"1:ies list
_, Ve/JdorC?,mPI~i.t\tpst .'
Ft,I.""'IiIS"Pii;QIARAlIItSAYETA NOT.
BY.~~~~~~~~~I~~ .....
ACKNOWLEDGEM
STATE O,FFI.;O"IDA.. ) .
C:OUNTVOF,MJAiMJ,QAPE )
On this tbe. a;'dayofAty--. Hft.· i 20 ti.~<Noreme!~he ~nd!!rsign~dal!tbority, personafiy
appearlld III wllo Isperson~ny j¢owtohJeor ""hq pCcovidedthe
follo;y!ing id¢n~iij~~tion . .. . ....... , {til = '. and WbO took lin oath or ~ffi~lI1!!dtMttl)at he/.$h!lithey el'ecuted the
for<!8ointAf!idaVitas the Oedarant.
WITNE$S my hand and official seal.
NOTARY PUBLIC:
SISAL
Nb9l.I'Y'P.U~!J~i$tat~. pfFlorida
3~L. .. k ~I<~\?-0
.(I'jame of Notary PiAbljqPrirlt.
Stamp Or type as commissioned.)
~~~.;:z~:)
~ELA'tED· PARTY T:RANSACTION VERIFICATION FORM ~":-' _.-"_ -',I"'· ,'"'''' -" '_._",' """",. -", ,,,' ',.---,-,
f'~\Jt£"'" . ~!\k;u~· .' , .... ' ,individually aod Qllb~~a.lf'i>.(m,";dd '. Si~~)~$~tuth~ ,~
(' flrm'?have Na",eofR.~p(~$e/ltqtjveCompanrIVehcJorl£11i\tt~adthE!c;llty of South . Miami ("qty")'s Cpde of. ~fbl¢$,' "
Sectlcn8A-lof the Cltr's C()~.eof Ordinanc~ an!'ll hElr~~r certify, IIl1derpenalty of Jl"~ury that to the best of my
knowledge, informamQn and belief.
(I) neit"er I not ti)e Firm havea'l)'ccnflict of in.t!ll'est(~$,detlned in section SA, U wjth r~r!l to the ccntract .or
bQsinessthat I,andiorthe Firm,am(are) aillilliLCQ,perl'orm (ori or to transact ",ith, .t~e
c~y, and
(t)t1!'ltherJ ncr any emploY~, officer$, directors of the Fli'r:ni.npraI)YQ~E!W~Q bMaflnancial interest greater
than5~ in. the Pirm;hasanlrllIati~~(s ){~s.d~fin!ldln.sectio,h a~,I. Who is~1'l e:r!1i:iloy$ .of tjt.eCity<if whois(ar,,)
an, apPointed .or el~doffi~ialpf .~I\!'City,orwho ,1.s(~tll) ~rnemberofanrpqQlitbc~Ysr"'~ted by toe CIty
Commls~lon,.I.e" .a b~\II'd or cp~mitt:~ ofth~City,IYi/lileth!lethic$cOd~stinapplies, ifthe person. execUting this
fOrmis dQ.iQgsoQ~.~!![Jalf ora jlrn't wl\!)s~,~tQckiSPlJblidYtr~d~,i;l)esta~!!l\1ent in tbis.ectlcn (2)shall be base<!
$oleiy,!>nthe'sigriatQr)"spersonaik~Q.,yIe<lge and h~SlfeiSnQ~.r~tjirll4t!' rnal<:lI.n independent.lnvlistlgation M to
therel~tlonship pf I!mpiQYl'Ilscuhcs¢ who have a financial inter~$tln.thll,Fir~.]; and
(3) neitherl nor the Eirni, noranron!' who has ,a forlan~lal.intere.t grater than 5% .. in therirni, nOr any r:nenioerof
thbSeper$o~s' immediate.fa~ilY.(I;e".~pouse, piFEncs. chlldren,br~thers.an.dslster.sIl1as era)j~acted. or entered
l!ltc allY ~Qntract(s}wJth the CltyQr~~s·a .finan1;!ial Inten'5t, .ilirec~o.dndiret:t,in an)' l1u$lnlls*beingtransa¢tlld.
wi.th th"city,.or with. any;p!>rsori or agen):Y actIng for. th~ city; otnerihan as'fQllo~: .
. juse(ifnecessa*,>,; usea.~ilp~ratesh~ttP $.upp.IYlad.ditiqn"liriforrt)a~pn .. l:!iat wjll'ljotf(t on this line;floWever, ycu
must'r:nak""referenc~, ontl;l"a~0Ye .lifie,to~hl>aii~itional~h~and l.he a.~clitIQ~a[~h~tniu$t b~$igned under
.oath). [whiletbeethi~$C!il!l~,~IUaPpli!ls,iftheW$oneJ<.ec~til)ithi$JorlT1js doioll soon'li!i!halfof a.form whose
stock is publiclY tra."ed,~b\l.$t.~tement in. thissectron(3;)slialr~*;b~sed $ol~li .on the, signatory's perscnal
knowledgeandhe,lsh!'is nbt r~uired to.makll.an iltdeJlE!nd~n, iliVestlg~tiqn:!s to thll telationsliip,ofthose who
have 'financial interest.jtl the!FlrmJ; and
(4) no Illectll!l aodlorappointed official or,e/Ylployee of;theCity6fSol(~h Mi~¢i. Ptanyof theirininj.ediate famil¥
m!'mber~ (i,ll .. spoos"'J;>3r"nts.~hililr!!n, I!rQthlirsand sj$tets) haa.6!li\n~ia!inter"st directly or indirectly,ln tile
co.ntractbety.jl'llnyo~ arid/or yourFfrmandthIlClty!<:l~her than t!\e foiJQ"Vijig' bdivi<rua~ "'hose Interest is set
forthfoll6wlog their u.!>a separate Rames: . . • .... ....... . ........ ..... '.'
(lfnllCe$.~ary, US.ea s!!paratesheetto$~pplYa(fg[tiohal;'nfOrrilati9nthat VIi,/[nQj:flton this line;h~wever'YOl! Il\USt·
ma~er<!ference, ont.lieabcye lille, t\'tj\~,~dditiQ)jalshill't and the.".d!litionalshl'Et mustb~sign!lduM,er path).
The names of all City eniploy~s.~h~that0f aU electeda~""or ~pPdintedcityofficials .or ~Qa"d m""1be~s. wbp
o"'ll,directly or indir~t1y, ~.!1 int!!fE!s~,qfflv" p~ti:ent (S%) .or mOre 'of th,,·tQtalassets .of tapita;1 stptkirt tbEifirm
areasfollows~
(if necessary, use.as!!par~te~hl'EttosIJPplyadditi()nalinfor(r1atlpn that wiU not flt or\thjs Utte; how/lyeri. you must
make .referenc;e, "nth" a!lo¥!! line. to the. aij<:/ltiQnal Sheet. an~tthe additionalsll~trnqst .b!'. Signed u~der .oatil).
~....,hile tlJe et~icS code stiP applies,iftbepersQne)Cec~tlng tJlis(orm is <l<)ln~ sO(jI1IleMlfctil firm who.ses.tockiS
I>ublic,~ traaj!<!, the: Statem~l)t l~,tl\jssectlon .t~)shaU ,.qllbasllds<1!e)yd!t theS~at9ry'~'Rersonalknowllldge .and
hl!lshe is hot r!!!luired tQ. make anindepetidllnti"v~tjgalic)nasto.tbefinan(iali~teres(io the Flr~ofclty
empIQy$s,appolntedoffici~ls.cr the jm~!ldilitll faniily",embers ole'~ted :aild/Qr appointed official or e~ploYl'll.J
(S) I.a.tld the Fir~ further agreenottouseorat.t~mpt to ~se any krjpw[e'!ge, property .or resQurcewhich may
come to us through our position .of trUst, 9r through our perfor~ance ofQur duties under th"t!irms ofthe
contra.ct with the City,tQ secure a sp~ial privilege, ~en~t, pr\!l<emptipn for .ourselves, or others, We.agrl'll that·
We may "ctdlsclQse .or use informatiQn, not av~~aJjle~o rnel\1bers ofthegeneral publ.!c •. forQvr personal gain or
benefit or for th.e pers9nalgain or ben!ilfit of .an)"otllerpllrson or· business !>ntitx; Qucs,de of the normal gainer
benefit antkipatedtllrough.the performance of th<icontr~¢t.
(6) r.andtheFirmh/i!te9Y.i~~~c"'l~ge that~ bave notpontractlld 0rtr1\n~act~at1Y:Rusin.e$s With djel:;lty Qr .
an(p~rsiinorag'!nC:Y ~ctilig':fQrth~ CityianrJ tbatweha\'en.'lt~p'pearedln+epr~sentat.i()n of >jny third party
. Page2~ofn
before any.bQard, cPl11l11lssilln or agency .Df the; <:11;):' 'V1t.hlfithep!1st WlQ years Qther than a~
fQIIDWS: . ..... ..•.. ." . .' ... . . . . .' ....... . .. ' '.' ...... ........ . (if
necesnry.U;e 'separ<!t\lsl\eettQsupply~dditiDhalinfPr,matilln. that will npdl~qi1thisUni;o; hQ'Vi\ver. YDU muSt.
ma~ rli!f~r¢nCe,DO the.abD~eline, t9t~e a~dltipn~I$~~etal)dtheoaddltid'lal ~he~pi1ustbe sigJJli!d under Dathl..
X:lPutch.singWeodllr RegistratiDn\! :2.28. It R;E.LATED PARTY TRANS,A.CTIC'lN VERIFlCA'FIQN FORM [3],dQq,
il) Neither.1 nQranrllmi?It>Yeet,Qff)Cl'rs!D~ directQrSllfthllfirm,nQran,yqftheirimmediatefamily (i.e" as a
SPQuse. SQn, dau~hter,p~rl'i1t. llrQther Qr sist!ir) is related hy ~19Qdllr rrrartlagetP:(f) any mamberDf thll Oity
CDITlmissipn; (Ii) any City i!mpIDyee; qr;(Ui) anrmemlierpf anY bllalJl.~r~¢!icY 'If the CitrGther than as fQllo'Vs;
,.-:----."....-=-7""~~_-_-....... ~ .. ~.-. _ .. ~ .. (.,fnelessary, use a.separatesn<1ettG $upplyadditional
ihfllrmatiohtl!atWlllnptl!t911 this line., hGW~Il~. :YGu· (rIustT~~r~~rlll1C<:,Qn the above IJne;to t~~ a<!ditillni!l
shaec and !helldditio~al.shaet mustbesigrle<jonder ll~th),. :[Wliiletheetnics co,de stUI~pplies, .. itt~~p'il!'sPI\
""e~utin~thisforl1J is,!lo,ingsll onbe~alfC!f a 'firi)) WhoSe $l!iick I$pu~licly trade~;the J~teir!entinmis ~ettIDJi(7)
shajl·be base,hQlely.onthll Slgn~tQry's personal.knowr<ililgl'~ricl:~~fshe is riPt,niqiJiredto l11akuf' independelJt .
. inv"stigiti.pnas to th~rel~tiQnshiPb.y.J'lo?d or l11arri~~.ot~mpIQY!I"s,Gfftcers, Ilrdir$;t.ors ~fth.e ~!rm"prDI anY
llf~heir immeplate:familyto. any l1Jt1jt1QI/ltli!dor ele<;ted qffillials Of the City, or totl!l!irimme<j!a~efami'y members].
(8) No Other.flrm, nllr anY?ffi~en$or elirettarspl that Other. Firm pranrp"e whqhasa,/lnancial interest greater
thanS% in that OtherFirm,npranY'j1emberotthos~.,persons'immediatEl(amj[y (i.e .. SPQuse,parents,children,
brotherslind.sistElrs) nor any 'If my imm~i~tefamily members (her"illaft!lrf'efei1rli!d .tQas ."Relatli!d Partills") has
respDn<!1i!d to a s~ricitation 4Y the City. In Il)rhichl or tbeFirm.that .11'1i)!!r~~¢ntdr ilnyonewhD has .• financial
in(er<:s~ ~e~tert"anS%in the Firm,Dranlitnember 'If thD~~pe~~!>Qs"i(ll!l1li!di.te family (i.e, SpDuse,parents, .
children, brothers a~d slster$}~ave aISG. re.pondli!d,OthE!rth~nthef<llloWing:
. . •. " . ..... . '. ". . .. '. . . '. . ... ' .. ' . ..' . ....... (If n"",essary, \ls~ a separate ~lie!ll1:Qsu~l'lyadditillnal.lnfOrlllati?n;tll"t will. notfitDn;this Uoe,'howeyer,yolJ must
ma~e.~<:ference,. on thel\boVe;Une,to;thea!lditiorJ~'~heeta\)d theaddi~i!>nalsheetjmlstbesl~ned und.w Path).
twPiletl'tll!¥thics co!ll\~tillappli~s,lfthe persDn!'ll<eQ~(i,ll~this form's tt;oin~"Gon~ehalfllf'at.rmWbQsesto~kis
Pullli~!Y traded,thll,statel'l1l'nt in .thiSsecticm(l1)sha!!bio!;i"'~ec;lsorelf or\tlJesignatory'spersGnal knawled~eand
h~sljll is npt ~equired tDmake"nindependE!nt'i.nve$ti~ati!ln into theQtherFirm.ort~e Firm hets.b'! rePr\lS.E!nt$, as.
to their officers, diri!!d0rs.oranYOrie.ha:.o'ng.a financial interElSt'/n thoseFirmsQranY'o(their any m.~.!hber pHhDse
.pIlrSp"S' immli!diate family.]
.(9) I and the Firm agree that'i'@ ~e O~~gated to.s~pplemencthlsyeriflcationPji>rl'j] andinf<;WJj1 the City ohny
change in circunlSBnc¢sth<i~ Wauld~han~,o,ur~n~wers tGtols 4ocul11.ent. SpE!(!lfiC!1l1r,after'the QP~ni~g <;>f any
~espDnses t<;>a s"li~itati"I), Ial1dtheFifl11h~¥<!'a~ ohligation;to s~"ple(rlent ~hl$ Verific~tio~iF9rmV!iththe name of
all Related Part.ieswhQIj!lve.a!soresp~nd~ to the same;solicitatiotl and ·~9Js~lj:)s~;the r~liitiorj~hipQfthose
partiest9 me a~d tile Firm.
(IQ) A yiQlatiOn !lft~.<1 Oity'$ Etbics Gpda, thegivingof~!iY fal~<!infQ~lJjiftlqn "r tile fail~re to supplement tIlis
verific~tion fQrm, may subject me pr .thll Firmtlliml1J~late terll1in~ti'ln9f:anyagreement with the City, .and the
impDsitionofth~ m;lxinluni fine an'CfIQr a~t!,enalti<:S allpwed b}' la'V. Adqiti9na!ly,vlolatioos may be consid.erli!d by
andsobjeeHG actionbythll Miami,Dadll COuoc:y.Corftll1issiQI);OnEthl1Os. Un4erpenalty Qfpjilrjury, I declare that I
ha.v:e madea.diJigent effort tD. investigatetbe(lla~ers .t:¢. wlil!tbla,m .attesting hereinabD.,e and that. the statements .
l1Jacie herei.na· aratruean!! corre.ct t'l t!\¢bi!st ol'iny kno:Wieilge,infDrmatio.n and beli\!f.
Signature: -~q~~"""roo..",,--~-
Print Name & TitlE!: 5'1iiV&J SbflNka·'
Da~: "i? ill ft{" . ...... .
.'. rfio",~ f'l'!epe ;,:t~.zl,r~
Page 24 ·cif 13
• . P};FERRARO
•..... ' ... '."',';; ... MY.CO .... MM. ISS.'. I.ON#Ff22 ... 5976 '.. EXI1IRES: APR SO, 2019
.. ~o"e<!j\lro ·l&tSlalSb'UraJ1".
$ec.itA-I.> -Coi'lflic;t .o(ji'lteres.tand cClde of ethics ordinance.
,".'.' ",' -,,,,' .,,,,-,,,-, ,.
(a)b"",n"tloli.
ihiss!aC~lon sh!!f! .l1e ~e$lgnatedal11l kno\\:,p.as the'~Cit}l of Sooth t1iai"!'i'C:;onflict of.lpt!!,.!!st andeode of EWcs
Ordinance," This ·sectfonsh.I! beappli~a~le toalrd~y I'lirsorynillasdellned ~eIO:w. and$hallalsQ~?n$tit4tea
srandard .• <>fethicalcQnductanQ'beni\v;or for aliauton~iI;iouspersOnn!!l. quasi-judicial pl'~sonnel.advisory
personn",1 and departl)')ejjtalp$~songel. The.provi.i,;mS.9fthiss@ion sh~lll;>e~~plied /na.cumulative manner. By
way 9/llX,ample, andilot,s a Up)itati9n, subs«tions (~iand(d)may b!lapp'je~t9 th!l sam!! contract or tr.~nsaction.
~>p!l.finitiol/s.For th .. p.utposesof thinectiGn ~h.e following deflnitiOns~n~lIbe e{f$ctive:
(I) The term "commission members" sha.1I r"f". t9 the mayor and t/l.e'P)Elmb.ers of the city lOommission.
(2) T~e term 'autolioil;iGuspersonnel"~hallrlifer to !~e members Q(l!:lltoo.omous authorities. ~oards and agencies,
s.uch ·as· the cit,y community redev~loPol"l1l!i1Jag!locr and thehl!~lthracllitles~uthorit}l.
(3) The tlirm "~uasi-jt.idicial personnel" shall rlirerto thernem~ersof the pJanningboal'~,tf\",eilvironmental re~I"W
.andpres!'Natlonboilril.; thecodl'<enforcement.board and s~~Ii,other ingividuals.· boarils ali.d .
"llendes Ofth~dtya.sperforrn qt/~si-Iqdlcia]functibns. .... .'. ..... '. . .
(4) Tne term "adviso~ype~so~nel·'. sha!! refer to.thernembewof tOQsecity advisOry bQar,Qs and.~encies wlrose
sale or. prip)ary respo.Osibl!lcyls to.recQmm~!:Id leglslationpr give aQvice!;othe citycorn)i\lss.ionc
(5) The term "ilepartmentalplnOlinel"shali.tefllt ta.the. ~ity'clerk, theQity man~"r;department heads. the citY
attorney,and alLassistallts t9t~esity.cfer~i ~ity man"ller ahdciiY a~Grn"'Y' hOwever titled..
(~) The term "employ""s·'~~.~'lrlltef toallatllerpersonn¢f empfoyEid by th~.c)ty,
(7)T6e. term "C?mpenS~tlon"~hanreferto~ny.Jnooer.gift,raIjOr.thinll of vaille or financlalbenefit.conferred, or
tpbeconferred. In retlJ~lifQrservlc~s render!ldor(ojj~.rendered.
(8)T.~eterm"<ontrollil)gf!n~nciaJ IOt"rest U sl1all refer tpownersbl.!',directlyot indirectly, often PerC¢nt or more
of tbe ol/tStanding ~pil'f\l~tod(iinan)' <tG~p<:jr~tICl~ ~r a. d,jr.ector indife<t iQ,l,El~estoftenpercentGr !)lore ill.a linn,
pa'JOership. ot!1l~~~r bvslnessel\tit}l at the time of transa~ting busin'l~$Wij.hthe (i~.
(9) .The term.·irnll')¢aia~e'll!mily· shall r~r til the.spouse; parents; child,ei!, b~Qthe[Sand. sisters 0.1 thepei'son
Involved.
(I O)Theterm·ittan~actaIiY businllss"shallrefe.r to the. purchase ors~le by die ~ityof speSiflcgoods or service,
fQrCQnsld.eratipn an.~,to submi~ihgabiq.aprGPo.sal. inrespPose to iI Spli(jlt~tipn.a stateO)ent ~fl/ualiftcatlonsJn
rli$pans!\ toa requestl:iy thEl£\ty,;Qr entering iritll 'Conttact.negot1alions for the provision
.onl!:nyg!>ods .orser."ices ...... hich¢ver first occurs.. .' .
(c;). Plp"ib;~lo!l9n lran.attiii,l!Jisin, .. ·withfhe ci~.
NoPer~oit included in the term. defined in parOWaph, (b )(U~brpu&b'(~) a.nd in paragraph (b}(9) .shaU enterinio
anycorl(ract or transa~ anYblisin~sii1 w!lich(h'atPe~Sqn. PI' alii,el1Jber ofthelmmedi.tef~miiy hasafinancl~J
In«!r!l.st, dIrect. or indir$ct¥iltlJ',heti0'>. or aIlY'persot\ orage~cyactingforthecity,a.nd. al}ysQch CQ'htract;
agreementG~"uSine~!en~j!nt:eOtere!'lJnYIOlat!<:i~ pn.h~ $iJP~ectioo~~allrender the trallsactillo voidable.
W!"(ul violation 9fthi~$u:"s~ticJn sha"C9.~~tit~te",al(l1a$~.nceindffite and shalL aff$ct fdnfllitureofoffice or
~~Ition; Nothing Inthj$$ull$$ctrons~anprobJIii1; (jrmakelliegal:
(/) The' paymeh~ of tal!l!s~$pe<:iaJ .asses.sltl!!i1~ or fees for services provided by th!)Cit}l gc,~errm"nt;
(2) TheJlurc~a$1! of bon"~ •• antitlipation!lp~orothllr secllritiesthat may be'iSs.ued by thecit}lthr.Gugh
underw,~ltersor directlyfromtime totirQe. . .' .
WoiverofprdhibiliQn The.requiretnentsof'this subs@ion.!I'Iaybe waived lor ~. particular transaction only byfour
affirmative yo~ qf the <;!tycom/lliSsion ~er publle.heafirtgupdri finding.that:
(I) An. open-tcHli sealed competitiVe proposal has been. subillitted by, a eity person as defined In paragraphs (b)(2).
(3) and (4); . . . . .'.
(4) Th.e proposal has bej1R S4~lJli~. by: a per,sono~ firm offerlngserv/tleSwlthinth~.scope of the praCtice of
architectur~ profE!S$iQn~l.enginEierii)g,or regl$t\l~~dlal)d SUI1'~i(Jg,asdefined by the Jaws of the staw and
pursuanttp theproyilions of (tie.t;:OJl.uttants'¢9mpe~ftlve I'Illgo\iatiPn Act; and wlten the prop/lsaJ has been
submi~edbn CitY pe~on de!t!'l~d inp~~ag"a"hs (b)!2"). (3)ancf (4);
(3) 'T'hepropertYors~rvi~es;tob~ involyed;in th~propos¢d .transatition ate unique and the~io/~~nnotavail itself
ofsu~h property or s~l1'i¢esWitlJout entering~ transac;ti!i>J! which would violate thiss~bsecti<ln but for waiver of
itS requirelil¢ntS; and
(4) That the "r()posed tra.h~a<ltlon will be in the b .. st illt'li'llSt of the city.
This stibsec;tionshall be applicable only to prospec~ivetransactions, and· the city commission may In no case ratify a
transactiOIi.entered .1.11 violation of this subs!aCtioo,
I'royi,sioflscQ!lJulQtive. This. s4bsectlon sh~lIbe1;ill<lin tp be~~umplatlve.a:nd shall no! be.¢on$.trl!.edtoarnend or. rel>;eal.·
.(ii o\he~lawpertaininglhthe sarne subj@.matte r• .
" T6~"mas'~:Pep~,'
·02'7l-I$,:
Page 25 of 13
(d)Fur,th~r"rqfjlbitl9nl?lI~N:Jn$Qetl"rbll$i~e$$withViIl c/W. . ..
N~ per$O.ni~clu<le~j!l.tbEl~~ms defioe!f1npar,agraphs {b).(I);through (~)and,)nparagrapt\ (b)(9)sQallent~rlnto
anl'<:ontr"ct or tr,al)sact~~Y.~U$inessthf9ugh:a fi~m'~~l:p.oratjon,partner$hip.(lr business entity I~ Whi¢h toat
perSQttQr~qYIl1~tnber;9f't!1~(tnme~iatefamiJY.h~ac<lnJrollim:.forian~ialint!!rl!s~direct orinqire~ lIviilJtheci~
or ~nl'Person oragel1Q" l\ctlnllfQPhe cl1;)I.al!dany su~h,~,ntract,agreem.en~orQusinessen~emell~ ,:,riteredi"
violatiprj olthis sub~ion $h~lt rendertl1etr:iri~a~tioJj,val.<lable.l'he'f:eoiJa:!nfngprovislons ofsQbsection (e)'will·
also b~;lIppJlcable t()th.issiJbse~i"n as th()tl~t\ln¢OrpO~~d byre¢i~~iQn.
Ad!fi1;ioJ)ally, ho p!,!rsi,ln iriFlll'led iinhe,term.clllfined infl~~agraph (l>l«()$oall NOte ·onor fla~dpate in anyway in
aoymatterpresented(o tb\l £ity (ominissi"," if that person ~~s~nY"(,th:i> f!illlowiogrel~ti()o$!Jifl~with any of the
penons orentitie~wllichwould~e()rmight' be{lirectly pr)ndlre~lj:affectedby al1l'aCtion cif the citycommis$ion:
(I }Qfficer,dJrector,partner, ofc()~nsel,c:ons~lbnt,emp19Yee, 1id'llliary or beneficiary; or
~) Stockholder, Qon~Oolder,del>tor.orcredit9r,· if In'1\l\y inttan¢ethe transact;ipnorm.atter wo~ld affect the
persondeflni:lc! l?pal'l!i:raph (b)(l~i~a manner dlstinct;fr()mlfi~.manneril1 WhlChit\V¢uld affect the public
·gen"r~lIy).Aqr person induced in~he term defined jnparagra~~(bj( I) Who ha~a:nY ofthespec[fied';el~tjonsl!ip$
.or WhQ Woqld or;might, directly ot indirectly, realJ~e. ~profot brtouctionOftbe City cOmmission shallnqt vote. on
Or partiqpate 'nanyway in the ma.(l;er.
(E[GiJb. .. .
((J/;)~/inWon. the (erm "~ft" shall refer to the tran$fer of anything o(e¢gnomil; yal~e,.wl:retherinthe form of
moQey, s.ervicE!. ro~o,~ravel,elitertainment,hospi(a1ity, i.temor proinisl!; orin anY 'other form, Withput
adeq'late andlaviful consiqeDlilon. .. .... .
(2/Ex~eptjons.The provisiollS ofp.ragr.ph (ill( I )s~all lloc.apply to:
•. ~olltical co~triIMlons.s"E!!llflc:illy allthgii1:!!dI)y.state Jaw;
b. Gifts from r<ll~tjv/lSorm~mp7rs ofone'~ ,bgl)~.~hol~,unless thep~r$oo Is • conduit (:m.beh~lf of .• t~'rd pafltYto
the <teliverypf)lg!ftd\a~'isp~oHibited \ln~erp~tagr~ph(03~;
c.AwardsforprofEi$s;onal\or :civlt~dl.~vementl. .
d; !"iaterla),such a$!loo~.teportS,perihdicalsor Pamphletswhl~hare solely informational or.9f.an advertiSing
natur".
(3) PrQhibitiQns,Aperso~ .. desaribed in~a.ragraphs(b}(I)throug\l(~ysha.!1 neithets~li£ittloril<l!narici any gift. It is
al5,O IInlaWMfor anylper'~On or.!!l'1tlty to offer"give gr'jlgri,,~ to givett> any. person. i~~ludild iii t.he!terms defined in
paragtaphs (W I) throu$h(6), or foraoy person inclul!;ed i'jthetE!rms4~fioed inp~;wa\!hs(b)( I) through (6}to
a~~ept or "l!ree to aqc!!Pt ftomM()mer person Or entity, any gift (or or be~auseof: .
a,'Anofficlal public :lictl!Oin. taken,orto be taken, o.r which could be. taken,.ot'an omlssi . .,n or fiiilure to take a pubric
actiQo;
b •. AJegal dutyP!'!l'forll:iila or 10' be.performed, ",r WhIch COllt.! be. performed,or an oinlssiPoor failure topetfi,lrl\l
a [~lillJty; •.
~. A'~IdlJtr)(i9!~teqOrto bevlolateq,Or' ~hi!!b ~.Q.~14 .~e Yiolat~d Pl'~!!r<p~r~Qnll)duded in the term d!!flned i.tl
~~r~ra"h (bj(I); or . ... . ... ... . .... . ..
d. AtteM~nceorabsence fr01l1 ,,~publiq m!!}lting,at w/li~h 0f!ki~!.~~ic>ni$tjj petaken.
(4) /:lisc!!is.ure.Anyperso!! f~~IU~¢~ .il1tlie,f~nll'l 4!!floec! iripatagra~l\$ (~)( I )thrQ.u~h{6) shall disdcl$eany ~rft,. or
series of gifts fro II] anyonl' pl!rso n. <rf eht1o/. having a~.alueiheJ(~~$ of$,2~,Pd.;. Tf\ediSdosure shallb.e !!Jade bY
filing a.copyofthedisd"su~iOfprm r!llluired btchapt!i'rJ 12,Flgr[daSl~tutes,for"local
offoc;et'$"with the city clerksimultan~uslywith ):h~ filing of .the ·Iorm with· the clerk of the county and with the
Florida Secretary "fState:
(I) . C;olTlp~I;sorydi'~/c>iui'!!b.Ye"i"loYfles of.f/tlns. d(jinr business WiflHhe city.
Shouldanypersonn)~!lIded iii the ~~ms clefinediilpar)graphs (b)(l).through: (6) .be emplo~ !:!fa.(Qrporatiol!;
firm,partOershi.por bu~ihess eotityio whleh ihat pers()o"r.theimmeqiate family doeS n.o): haVe a controlling
finane/al interest,an~ should th\lcprporatiooi firm,partnerShip 0rl1usinessen!ityhavesllbstarltial business
cominitment~to qrfrom th~ cl(yor.aoy¢ityageQ~.orbe~\!.~jl14 ,to di.ect. regl!'~~iq,~ bt~"e ol(y. ora 'cityagene>,.
then t~ilp~ts!ln s~anfll~ aswQr~ statemi3pt di~cl()sing SUIl" !>mploymentand inte~$t wlt~ t~e cle~k of theeky.
(g) E.lcp/o,/t,t!tj/i,rJpf 9ff/cIQI"'O$i~~on plflhll,ited... .
Nop,,®nlncluded in the terms defih~<l in~r~3r;!phs (b)( I ).throU~h,c6)sh:all corruptly ~$e or attempt to use an
offid~.1 posltl"'O to secure$p~lafpriyilegesor<!1<~inplloris for that persQnor .others.
(h) PlfIllibitiqIi9,,·,use. of:i:D1Ifj.4entlql informQti9n,
No Pl!rson Included in the.t~rrils d~ft!Jed in i>a~raphs (b)( I ) throu~1\ (6) ~11311 Qcceptemploymentor en~ag¢ in
ariybusif)essor'pr.ofe:,sional actIVity Which one,rnight
:~l!1aso\1aBIYElXpe~tW9,!1~",eq9ir.e ol',inc!uce one. to dis~IQseconfide~tialinfo~ma(i(ln!lcqul~e!f Bne;aS?" of an. ,
Qtfrci~lpQsition, rio. r S~~II;that person ... ' in. fact ever disdoseconfi .. !'Iential •.. inforrnatlon ~rnerE\\'l,or'gain)ld·th.r .. oug!) an . . .
Pagel~9f73
Offi~.i~!JiO$ltionwiththe ~1!y,riQrsh:in t/latpenon ever u$.e~li~h lilfQrmation. directly or.1ndlredly, for penonal
gain 9)' benefit.
(i)··¢Mf1ictinge",p/<!Ym!!l1~w<i4'I1~d.
Nop~"son incl,!ded i!'l~~e ~rmsl!elinedin.parl!Jl'aPh~(Q)fl)thrOIl&~ (6) shall .teep' otheremployment,Whic~
Woufdlmpalr lndepen'~l'n~e .of judgmentln the perigtm~nceof.any public'dutie~.
(j) "'~h;bltion 011 qQf$i«e~r(!f>'ox",ent.
(I) NO'l'er~o';ind.~d~djnthe terrtls,diffin'ed iii plfr~grapb~\b)f6)sh~lIre¢eive.any compensation fofseryiqes.as an
officer or ¢mpI9re<l (If theCijly from any s~lir~ilother fh~t/l;YCi!y,e"~'1pt aSlTlaybe. permitted as folloWs!
a. Generally prohiOitlliJ. No (rill,timeci!y em.ploYe¢ shall accept QUtslllil emp[o1rTlen.t, elt/ler incidental, occasloO .• IQr
oth.erwlse. wirer eEl ~rjlytlme, equipment or ol.tl!rial is to be us~'Orwher!l.'s<l¢h employolent or~ny partthereofis
to. be. perfQrl)'ledonclty tiole,
b. Wht1n perriJitl,ed.A ifull-tlme/cityemployee.may acceptind<!ent~lotpp~~slonaloutsid~emploYni~l1tSO long as
su~~:,¢mploym~ntlsnp" cpntrary •. detrimen~I!l~ a~~lIrse tel the iiJtetestofth .. city or "l}<qf its departments and
. the~J>prova1:requlredill su~paragtaph c.I~,oPtal~.ed.... . .
c.,'\p]1rl:lValofdepartme)1t:h~a~~~quirt#I::P;ny o\ltSI<ie empfoYll)en~ by an}, full,-tlme city E;mploxee olust first be
apprpved 10 writingbytbe cElmployee'sdepartolent head.·wM shall maintain a cOmpleie reco~ ·of such
em~loyment
d.Penalty.Arty pe~(m t;qnVleted ofvi?lating anyp~ovisiQri O'tl:hl~ subsectian shall be pul1lShed ".sRrovidedln·
sectlpnHJ altheG<idElofMlami-Cl~d!!Goo!!ty '!Ild, iliadaitiPO sh.lf/be slI!liectto dlsmfnal by.thnppoftltinl\
authority, Th.Iil city. rna)! •. Isi;> asS<!SS agaInst aviQlat'iir a flne'ne)t to 1!lx(feed $StYO.!)Oand tlfe costs cif Investigation
Incurred !lythecity.
(21 AU ftijl;{ime city emploreesengageqin .atiy a.u.tsideeolploymentfor ati'y~pers.Ci!n, firm, corporation or entity
oth"r t~im~hecrty, or}!.ny oOts. ~encies Q~lnstl"\lmentalities. sti.llfJ1e,4I\c!eroatn, an an nual reportindleatinl\ tile
sQ~rce ohheou~id.,,"'rnployrp~nt. th;yna~~~,of the'l\'C!tJ(bei~gd'me:~!ld 'My am'OQn~ ~f rri0n~yor other
~O~$id~tatioO recelvedbythee.lrfpl~yeefrom the. outS,ld~ .~~J),I<?yrp~9~;qi~ e!llplpy\!<! .r",portsSh~11 be.filedVVith
t/l!!City..:ll!rk. THereports~han bl! avaiJable at a reasonaljle~lJX~ .. nd~l",cefotinspe(:tionbj! the pqblic. Tbe' city
I)'l."agermay require mo~t/:tIYi"llPQmft~1)'l incjividual einpl<l~<i!"S or gro.ups.of employees fongoodC4U~~ •
(1t)f'rOlllblt"'dinve~!r"~l1t~i.. .'. .
No person Ihciudl!l\ In .h", terms djifined in parag .. ,p!)s (b)(J) throlig~ (6) o~ ail)'l"r'be~. ohlle Immedi~tefar'ily
s~all have personal inve.~tml!n.ts in an}'enterprlte which will create.a substantial conflict betweenprivatl! iOte.rest$
and the public inter!!$!.. .'
(I> Contain dPli"tJ"Qncei.qnd."l!ymentp~Mbite<l. '.' . ." .' .... .
(I) No person Indpdl!l\)nthete~ms defln~ In.jia"~",,pbsM(IJJ(5)and (6) shall apPeal' f)llforeany city board or
agencYa~d make a.pr~entati?" on beh~lfof .a.thl"Qpe~on\l\'ltJjreSpe¢ttoanyfljatter, liten.se.contract.
certiflqate, ~ulirig, d!1Ci$ioniOPinion,r~i$Ch~ule,fr"lndii.se,pnot~eri~enlifjtsQtightby the tbi.rd·person. Nor ·shall
thepers?,! ~iv,eanylCompensation orgift,dire/;'lly o~lndir¢ctly, 19r .seHlI<;'~s ri!~~~r~~p .a ~~irdpersoni who
hasappli~fot'or Is seeking some ~lln.IlVtJrorj>the.(ityor acityag~cy; in l;qnnegjQ!l Wi~hthe pattlCular benefit.
sOl/a~i, Pythe'~hlrdpt\tson,· Nors~~ll.t:!)l!"ersq~appear in' any court or b~ore~nya9n)jnis.irative'tribunal·as
cpUps-aladagal adyi$(jt to a.part)ivvhQseeks 1'l~1 reli~/rom tl:\ecitfo~a dty ~r)cythr<)~h the.ule In questieln.
(2) No person included ilithe.t~r:nis a .. finedinpl\ragr~ptis (bX(2).(3} ~liq(4)snairappearbefore the city
tommi~.ion or agency on Y(lIfch1;he pers,?" 'serves,either d[r!'<it'~ ort/:trQ~gh an associate, aOdmake a
presentati<)" onbehalfQfa;t~ird person with respect to atlyl)'lat~~, litense, to!ltrict, certificate, ruJing. decisfon,
opinion,rate schedu.l~, fr~chfSe. or other benefit sought ~y the third perso\!, Nor '.ballsuch persQI' receive any
c,ompe~.ation Or gift. directlypri!l9irectly, forseniices rel1c;/ered.to athir,<I(jlart)i Who has.ppliedfor Qr !sseeking
S9me beneflt/rpl)'l. the l;ity "o011l1lsSlon.or agency on W!lieh the perso.nserves inconllectlon with the particular
benefitsPlIght brt~ethlrdpal'ti', N<)rshaU the person ~I?pear i\J'>Ii)y~COqrt orbelore anyadmihlstrativ~ trlbullal.'s
cpunse!Qrleg~ladvisor .to athi~· parjlywlto $'I¢.I<$ legaVrelief fro\l1.\hecltyc.ommission .or ,.geney on whi~h 5uth .
. p~rSOIl~!lrveSthr04ghthe .suitin question.
(m) Jlct1on$",(phiblted wh~n fi""l'jci,,'i!1~""s"inl(oIvef1.
N.opet~Qn in~l~cled. inthE!.tEirms!fefin~in p~(agr~ph$ (~)(tlthrough (61 shall.participate in any !lffl~ial action
directly or iodlre",ly. affecting a.business in 'l'l'hichthat Pl!rson or any mel)'lb"r .of the iolol~!fjatefam'ily has a
finarjd,' int.eres.t. Aflnan~ialintere:s.tisd.efined in this suf)section toinchide, but not be limited to, any direct or
'indirect.inter",st jn,nyinvestolem;,EI«uity,.prdebt.
(O)JI<;quirl", f/nonC:i",lntt/retts. '.' . . ..'
No>person includedih.t/l~.ti!rmsdefined. in parayaphs(b)( I) thro~gh (6).hall~gjuke.aftnan~\ali~terest i~ a
. pro~ect,b~s\l1e$sentityor.ptop~rtY ~(:ittiinewhenihe perso"Jelleves or<h.as re.~!l~ to.qelieve tI(attheflnancl~l, ii .•
PagEl '},7 of 73
i~te.rE!st may be di~e~ly affected by.o.fficialacti':>nS 9r by officr~1 actlans by the city ()r~ityageney of which the
pers!:ln is anoffie;'il. <'!fficerar emplo~ee.
(O)~~c;,,~men~i!J( .f>("~~I"lltil selYit~.$,
No perSl)n incl~~edin the fermsdefll)~jnpa~raPhs(b)(IJ tbrough(:'I)roa),fi;1cainm'!nd theservices",f.~y
lawYer ar la9tfrrm •. archi~ct .aro/:chi~ctur~l.l1(riJiPubj;cr!llati\X~s firm',,". ariy·.qther persO"norh.rm. professional
"rothel'9tise, tO~sIStlo.~o,ytiransa~iOn .inY"IYitig~he cltror '!ny<;>fitsagenciesi provided thatarecqmrnendation
may properly bemade ..... hen.feqlikec! to be m\lde I:!y tneduties of
offke ~~dinad.vance at ilp~bric m~ting at.tende.d by othe~ city olljei.ls. tlfficers Or employee.,
(p) C9!1t!t!!lin,gpplictl.tioJldftet~ff.y$.rvi~e.
(I)Nol'ler$(lnlnciudedl"thE!'t~l1msil!'!frned Inparag\'ilPhs.(b)(I). (5) and (6) shall,for a pllri"d oftYio years a~r
his Qr her city SerYi~e"r~mj:ll?yment has ceased,lil~I!Y ~t)y 9ityoffi~i~[~nleflrledinp~nlgraphs.... . •
(1:»( lj thr()l!lIh .(~)] I.~ ~rj(\il~itiO with anyj~~ldaloro~her p.roceeding;(appll~~tiQn,S"I(~itatign:i RFQ, bid. request
(orrUlingo,-"ther d~t~fl1!hiatiQn, contra4qlaim:.~QlItrovers)l.cbarl!6,acQ!!S~~Qn. atr~t or other particular
subiect matteri" wl:il~h tlie city 9r"ne:of i~~nCiljSiSall~r:ty()rh~$anYlnt(jreW9tha:tever! whetherdirect.Qr. :
. indirect. N6tbin~C?!i~ilimld .in this Sub~~~l!lnsbaU.pr9hibitany inijivldual from~\\l>mittingaroutineadministrativ~
request orapplicatioif:to acitydepartmEont or ageocy during the tYio-yearperiod a~his Or berservicehas
~~seQ. . . . ' ... ' ... '. . ..
(2). The pr9visionsofthesubsectionshaUnQtagply t" pe~sons wh()b~comeempIQ~d bYIIQyernmentil entitles •
. SO 1.( 1l)(3)noo,pro/)1: entities or educatiilnal InstitU!;Ionsorentitili!s,an<l whQ 1lobby.qn I>ehall ilfthoseentities in .
thE!il-ofljcialcaPac.ities: .. . .' . '.. ..' . .... . .' . .'
(3) The provisions ofihis ,U.b.s.I\ctIOI) sh~1I applytOaJi pers<;>ns descr.ibedih I'a~graph (pl(l) ..... ~OS13l'ity serviceori
enjplQyment ce,sedafter~h~.l1ffec.tI~~ dateoftheordi~an~e (ro(li Wl)lc~thi~ section derives.
<'~) Np pers"n deserlb~"il\atag~~plt (P)(iJ whose Ci.o/ servl~e Qre.'!11l1o)'ment!:eased ..... ithln tWo years lirior tp
the ef(~ive dace. of thisOtdil1ance~halifOr a periQd oftWol'i!\W~ 'after Itisor Iler service or empl"yriililotenter i
into al()~byingCQntract tl;\Jobbyany dtroffici.1 in c"nn~iqn.~,~ltaljn~~jli!ct described.n p!irag'1'ph (p)( I). iO I
wfJi¢h thE! city clrilneclfiw agensi~sisal1artyorhas anYdir"Ar~!1dsubs~~rti.ljnteFest;and inwhi~h he or she
partic1pat~ direttlyorlMirectlythroY~h decf$ion •. approY~I.di~pproval, .re~ommenaa~on •. tlterel:tdeMng of
lIdviceiihV\l'!tl~ion. Qfotheroi$Jl, dudni his <:>rMrcityse(:ViCeQrel1!ploYl1!ent.A,pets9np~i1;it;lpated "directly" .
wherehlior;$he ..... as s.obstantlally.involved)n,(he pi!rtic~la~,subiect,l1!at1:edhroygh~ecj~ion.apllroval, disapproval;
recOll1men.d~~on.tnerenderin~ ofadvlce.in"esti,~ti.Qn,or otherwis~ durlnllhJs.or~er do/seryi.ce or
.ell)l!lpyll)<!t)~,A ~.,rson parti¢ip~ted "jn<!ir!lctl~"WJj~rceM "rshe knOwinglyp~r:ti.~ipal:e<!in~~y ..... ay in the i>~rticular
Sl/bje.~trn'latt~r t~rougb. dllqi~r.,lj, apRrQval. disapptPval,tec9mmendation. the re!l!/er!iflg Pf>;~vi<;e.investig.*>n.or
ilthe ....... ise. during his ar Mrc/tYservl<te 9rernplaymen~.AlI persons covered W ~hisparagr"ph shall execute an
.ffldaVitiln 1\ form.~pprovedl!Y~heccl~att<jr~ey prior tolpl:Il:I~ngany c1tyDfficraJilttestl~g that the
r!lqulrerQents oftbls sUb sea10n d" nQtprl7lu.~e t~e person fro,!, lobbying clo/ offi~i~ls •
• (5) Any person ,,,,,,pvjolru:e •. thi~ slib$ .. !cti9n~l1allliest)bjeot til the penaltiesprovkli!d .Ii)silction 8A-2(p).
(q)Cit'l atto,ne'lto'el!'dertlf>fl1lt1i1scmreIl9~st. . ...... ...... . .. .
Whenever any personin~l\!ded I" tne tei'ms.ilefrni!d in~ar'Waphs (I!)(I) thtPugh(~) and paragraph (b).(IJ) Is in
doubt as to. the prQPet,ijJtetpreq~IOnpr apllli~atlon\of t~l~ e",nfl,ct 9f'i~terest,alldcOde ofethie. ordinan¢e. pr
..... henever any per~il"'wharendersserviceStothe citr i~ln 4Qubt aSJ:Qthejll'~l(cilbmty oithe ordi'lance t.hat .
persOn, maY submi!tO thEa city attorney • ftill writtjln ,S~t\ll:l1'ent of thE!~sand questions, The city. attorn"y~ha"
then render." "piili.iltito suoh person and shall)5~blish ~h~seopirji""s "icliout useof.the name of th!'!person
ad~ised.~nles.s 'the pel;sor1 permits the use of a namE!.
(Or<l. No. ~99'!Q80, •• § 2.3,2-99)
l;dilOr'Sno.(e.Or(tNo, 6-99"6.80, § I. adopt~ 3-2.99.tepealed§i SA·I andSA·2 in their()~tirety and replaced
thfilni ..... ith nliiW§§ . .... '.. .. .... . . . .. .. '. '. .' . .
8A-1 .and 8A,2. Former §§ 8:A-' and8A"lpelT,ii~edtO de~larationof'poJicYandd~finitipris. respectively, and
deri'leclfromOrd. No. 6H •. §§.1 (lA·I), 1.(JN2).adoptedJan. II. 1969. .
END OF SECTION
PRESEN'!;~~!ONTEAiVI. ..
DECIARAiTlElN/AFFIQVAl1'01: REPRES6Nl'A110N
T/lisaffidavitis not reqlHredforcomflniitn.9!!withth~ City's 6olicit~tiPl\jhQWever,lt may be used toavCilid .
theneedto regis~er m!ll11pe~sofyour pr!lSeofatiohteam aslpbb~i.sts. PUrsuantto City QrdinanC::e2:8.14·
22Q6(0)(9), any person whq ilPpears as,! £e~resentaffveJora(:l inq:Mll!!ilf or firm fOr anorill presentation.
before aCityceFtlffcati~nl Iavali.iallon,selection,teCi'lni¢al relliewor similar committee, sl:i~1I listonan
aftidayitprovided .by the CiW sfafl',afl indil{idlJ~lS who(tlay m!l~eapresentiltion. The affid;lVftshailbe
filec:l by staff with the Cleik.'sofficeatthetlme t~eC\)rnrnittee:s proposal Is sYl!rnttted to the City
MlJnager. For th.e pYrposeoffhls subsection Clnly,. theflstedmernbers of the present;!tionteam, with
the exception of any ,person otherwisereqQlreMotegisferllsa/iobbYls~!$hall notli/ereqllired to pay any
reglstrationf~(!s, No person sflall apPear before a(lycommrttee onpehaifof an anyone.unless Morshe
hl!$lieeJ:1listeq as pa'Ftof thefkm's I>r~sefltation teampur~~.ilnttothl$paragnapn or u.nleS:$ he or she is
registered With ~h.e CitY Clerk's office <IS ~lobbVistal.1dhaSllald !l1.I .applicatlle IClbbyist re!list(<!tiortfees~ .
Pursuan.t to '9:1.525(2), Fiorklastatutes, the undetsJgned$fi\4(N ,~tII6!J maRes the folloWiog
declaratfoouhder p.en~ltyof perjury; .... .
Listed beloW'. are alilOdMduais whornal!ma.keaprese.otation cmbeh<!lf of the entity that the affiant
represents .. Ple;!Se f!Qte;;No\persC!nshal.laIlPearbefQrllany.~,,""riltteepn behalfofanyomaYnlesshe
or shllha.s beenl~teff<!~paril:(jfthe fir!TI'sPtetentation t!lilmp'Il;$!lilnBothls ~r,agraph~rlln/en\he
orsh~h regisierejfW'ith/t~etlerk!s office If$alobbyist alljfhasPlI.ld ;jillfPplicable.lopbyistreglstration
~~. . .
NAME'
~ .NfN;tt
For the purpose of this Afl'Jda'yitof RepreSentation :/.lnJv,the Ii~ted membersof the presehtationteam,
with theexceptior:!ofanyp.erson;otherwise fE\qLiit.ed to registerasa IQbbyist,shaUnot be required to .
pay any regiStratjo(l'fees. Th(!;Affldavitof Represetjtatioh shan be filed wl1;/:1 tile City CIe.rk~s office at the
time tbecommittee's proposal Is submitted to the. City as.J1artofthe procurement process,
\.Ind.er .Ilenalties ofperjurv, Idedaretnar I have read the fpf!!ge.lng .d.eO/;;!r"a1;i!)n and that the facts stated
in it ar:etrue andspecifkaUy thafthe persohS listed aboVelltethe of
the entity listed below
,2fJt.;{'
, ,
[ FLORIDA SIDEWALK
I
I ,
SOLUTIONS
RESOLUTION
14-01
I ,
I
I
I
I
I
I
L
EXECUTED CONTRACT
EXHIBIT 'A'
COST OF WORK
QUALIFICATION STATEMENT
RESOLUTION NO. 14-01
AGENDA ITEM
(MANAGER'S MEMO)
SWORN STATEMENT ON
PUBLIC ENTITY CRIMES
CERTIFICATE OF
LIABILITY INSURANCE
I'
r'
r
I
I
r
[
t~
[;
I~
L
r '
L
I" J
TAB 1
r
TOWN OF CUTLER BAY
AGREEMENT
TIIlS AGREEMENT is made this 7th day of March, 2014 by and between the Town of Cutler
Bay, Florida (the "Town") and Florida Sidewalk Solutions (the "Contractor").
The parties, for the consideration provided for below, mUl1,lally agree as follows:
1. SCOPE OF WORK The Contractor shan furnish all labor, materials, superviSIOn,
. equipment, supplies, and incidentals required to perfonn the repairs to sidewalk trip-hazards,
and the tenns and conditions of this Agreement (the "Work").
2. COMPENSATIONIPAYMENT
2.0 Contractor shall provide the Town with an invoice on a monthly basis.
2.2 For Work completed and performed. Fees shall be paid in arrears each month, pursuant
to Contractor's invoice, which shall be based upon Work completed for each task
invoiced. The Town shall pay the Contractor in accordance with the Florida Prompt
Payment Act after approval an acceptance of the Work by the Town Manager or his
desigoee. No payments shall be due or payable for Work not perfonned or materials not
furnished. If there is a dispnte with regard to an invoice, the Town may withhold
payment until all requested supporting materials are received from Contractor and the
dispute is resolved.
2.3 Contractor shall be compensated in accordance with the unit prices specified in the
Proposal, artached hereto as Exhibit "A", based ','pon the actual Work and approved by
the Town completed for the month.
3. Iill!M This Agreement shall be effective upon execution by both parties and shall continue
for a tenn of three (3) years. At its sole discretion, the Town shall have an option to renew
this Agreement upon the same tenns and conditions for up to three (3) additional one (1) year
terms (the "Renewal Option"). This Renewal Option may be exercised at the sole discretion
of the Town Manager. Such Renewal Option(s) shall be effective upon written notice from
the Town Manager to the Coritractor no later than' thirty (30) days prior to the date of
termination of the initial tenn or the applicable Renewal Option tenn. Contractor agrees that
time is of the essence and Contractor shall perfonn and complete the Work within the time
frames set forth in the RFP and as provided in this Agreement, unless extended by the Town
Manager.
4. PROTECTION OF PROPERTY AND THE PUBLIC; SAFETY The Contractor shall
continuously maintain adequate protectiou of all his Work from damage and shall protect
public and private property from injury or loss arising in connection with this Agreement as
follows:
4.1 The Contractor shall take all necessary precautions for the safety of employees in the
performance of the Work on, about or adjacent to the Work sites, and shall comply with
all applicable provisions of Federal, State, and local laws, including, but not limited to
the requirements of the Occupational Safety and Health Act of 1970, and amendments
Page 1 of8
I
I
L
L.
u
thereto, and building codes to prevent accidents or mJury to persons on, about or
adjacent to the work site where the Work is being performed.
4.2 The Contractor shall erect and properly maintain at all times, all necessary safeguards,
including sufficient lights and danger signals on or near the Work, from sunset to sunrise,
suitable railings, barricades, or other hazards or other protective devices about unfinished
work, open trenches, embankments, or other hazards and obstructions to traffic; provide
all necessary security staff on the Work by day or by night for the safety of the public;
and take all necessary precautions to prevent accidents and itljuries to persons or property
on or near the Work. .
4.3 The Contractor shall be completely responsible for, and shall replace and make good all
loss, injury, or damage to any property (including landscaping, walks, drives, or
structures of the Town and of any land adjoining the work site), which may be caused by
Contractor. The Contractor shall, at all times while the Work is in progress, use
extraordinary care to see that adjacent property, whether real or personal, is not
endangered in any way by reason of fire, water, or construction operations, and shall take
all necessary or directed steps, to protect the property.
4.4 Bnildings, sidewalks, fences, shade trees, lawns and all other improvements shall be duly
protected from damage by Contractor. Property obstructions, such as sewers, drains,
water or gas lines, conduits, railroads, poles, walls, posts, galleries, bridges, manholes,
valve boxes, meter boxes, street monuments, etc., shall be carefully protected from injury
and shall not be displaced. The Contractor shall give due notice to any department or
public service corporation controlling such items as manholes, valve boxes, meter boxes,
street monuments, etc., prior to a<liusting them to grade and shall be held strictly liable to
the affected utility if any such appliances are disturbed, damaged or covered up during
the course of the Work.
5. INDEMNIFICATION
5.1 The parties agree that I % of the total compensation paid to the Contractor for the
performance of this agreement shall represent the specific consideration for the
Contractor's indemnification of the Town as set forth in this Section 1.5 and in
the Terms and Conditions.
5.2 To the fullest extent permitted by Laws and Regulations, Contractor shall
indemnify and hold harmless the Town and their consultants, agents and
employees from and against any and all claims, damages, losses and expenses,
direct, indirect or consequential (including but not limited to fees and charges of
attorneys and other professionals and court costs) arising out of or resulting from
the performance of the work, provided that any such claim, damage, loss or
expense (a) is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom and (b) is caused in whole or in part
by any acts or omission of Contractor, any subcontractor, any person or
organization directly or indirectly employed by any of them to perform or furnish
any of the Work or anyone for whose acts any of them may be liable, regardless
of whether or not it is caused in part by a party indemnified hereunder or
Page 20f8
I' ,
I I.
I I.
arises by or is imposed by Law and Regulations regardless of the negligence of
any such party.
6. AGREEMENT DOCUMENTS-The following documents shall, by tbis reference, be
incorporated and made a part of this Agreement:
Agreement;
Detailed Specifications;
Qualification Statement;
Public Entity Crime Form;
Insurance Certificates
7. CONTRACTOR'S EMPLOYEES
7.1 The Contractor shall at all times have a competent English speaking supervisor on site
who thoroughly understands the Work, who shall, as the Contractor's agent, supervise,
direct and otherwise conduct the Work. Contractor's employees shall serve the public in
a courteous, helpful, and impartial manner.
7.2 Contractor's employees shall wear a clean uoiform that provides identification of both the
Contractor's company and the name of the employee.
7.3 Contractor shall, upon receipt of a written request from the Town, immediately exclude
any employee of Contractor from providing Work uoder tbis Agreement.
7.4 The Work contemplated in this Agreement is on public property, accordingly no
alcoholic beverages shall be allowed.
7.5 All references in this Agreement to the Contractor shall include Contractor's employees
or subcontractors, wherever applicable.
8. VEHICLES AND EQIDPMENT Contractor shall have on hand at all times and in good
working order such vehicles, machinery, tools, accessories, and other items necessary to
perform the Work under this Agreement. All vehicles used by Contractor to provide Work or
services under this Agreement shall be painted uoiformly with the name of Contractor,
business telephone number, and the number of the vehicle in letters legible by the pUblic.
The Town may require the repair or replacement of equipment as reasonably necessary. No
other advertising shall be permitted on the vehicles. A magnetic sign displaying the Town of
Cutler Bay Logo and a caption noting "Public Works" will be required on vehicles at all
times.
9. INSURANCE The Contractor shall secure and maintain throughout the duration of this
Agreement, insurance of such type and in such amounts necessary to protect its interest and
the interest of the Town against hazards or risks of loss as specified below. The underwriter
of such insurance shan be qualified to do business in Florida, be rated AB or better, and have
agents upon whom service of process may be made in the State of Florida. The insurance
coverage shaIl be primary insurance with respect to the Town, its officials, employees, agents
and volunteers. Any insurance maintained by the Town shall be in excess of the Contractor's
insurance and shan not contribute to the Contractor's insurance. The insurance coverage's
shall include a minimum of:
Page 3 of8
[,
,
l,
i,,,,,
I L,
,
I~ ,d ~J
I
L~
9.1 Worker's Compensation and Employer's Liability Insurance Coverage to apply for
all employees for statutory limits as required by applicable State and Federal laws. The
policy (ies) must include Employer's Liability with minimum limits of $1,000,000 each
accident.
9.2 Comprehensive Automobile and Vehicle Liability lnsurance This insurance shall be
written in comprehensive form and shall protect the Contractor and the Town against
claims for injuries to members of the public andlor damages to property of others arising
from the Contractor's use of motor vehicles or any other equipment and shall cover
operation with respect to onsite and off site operations and insurance coverage shall
extend to any motor vehicles or other equipment irrespective of whether the same is
owned, non-owned, or hired. The limit of liability shall not be less than $ 500,000.00 per
occurrence, combined single limit for Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on a form no more restrictive that the latest edition
of the Business Automobile Liability Policy, without restrictive endorsement, as filed by
the Insurance Services Office.
9.3 Commercial General Liability This insurance shall be written in comprehensive form
and shall protect the Contractor and the Town against claims arising from injuries to
members of the public or damage to property of others arising out of any act or omission
to act of the Contractor or any of its agents, employees, or subcontractors. The limit of
liability shall not be less than $1,000,000.00 per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be, afforded on a
form no more restrictive than the latest edition of the Commercial General Liability
Policy, without restrictive endorsements, as filed by the Insurance Services Office, and
must include: (I) Premises andlor Operations; (2) Independent contractors and Products
andlor completed Operations; (3) Broad Form Property Damage, Personal Injury and a
Contractual Liability Endorsement, including any hold harmless andlor indemnification
agreement.
9.4 Certificate of Insurance Contractor shall provide the Town Manager with Certificates of
Insurance for all required policies. The Certificates of Insurance shall not only name the
types ofpolicy(ies) provided, but also shall refer specifically to this Agreement and shall
state that such insurance is as required by this Agreement. The Town reserves the right
to require the Contractor to provide a certified copy of such policies, upon written request
by the Town. If a policy is due to expire prior to the completion of the services, renewal
9.5
Certificates of Insurance or policies shall be furnished thirty (30) calendar days prior to
the date of their policy expiration. Each policy certificate shall be endorsed with a
provision that not less than thirty (30) calendar days' written notice shall be provided to
the Town before any policy or coverage is cancelled or restricted. Acceptance of the
Certificate(s) is subject to approval of the Town Manager.
Additional Insured The Town is to be specifically included as an Additional Insured for
the liability of the Town resulting from operations performed by or on behalf of
Contractor in performance of this Agreement. Contractor's insurance, including that
applicable to the Town as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the Town shall be in excess of and shall not contribute to
Contractor's insurance. Contractor's insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance
shall apply to each Insured or Additional Insured in the same manner as if separate
policies had been issued to each. All deductibles or self-insured retentions must be
Page4of8
I
I.
I,
l
I.
I
Li
,i
W
declared to and be approved by the Town Manager. The Contractor shall be responsible
for the payment of any deductible or self-insured retention in the event of any claim.
10. ASSIGNMENT AND AMENDMENT No assignment by the Contractor of this Agreement
or any part of it, or any monies due or to become due, shall be made, nor shall the Contractor
hire a subcontractor to perform its duties under this Agreement without prior written approval
of the Town. This Agreement may only be amended, by the parties, with the same
formalities as this Agreement. Contractor represents that is an entity validly existing and in
good standing under the laws of Florida. The execution, delivery and performance of this
Agreement by Contractor has been duly authorized, and this Agreement is binding on
Contractor and enforceable against Contractor in accordance with its terms. No consent of
any other person or entity to such executiou, delivery and performance is required.
11. TERMINATION
11.1 The Town Manager, without cause, may terminate this Agreement upon thirty (30)
calendar days written notice to the Contractor, or immediately with cause if the
Contractor defaults on any material term of this Agreement. Upon receipt of the Town's
written notice of termination, Contractor shall immediately stop all Work as of the date
specified in the notice oftermination, unless directed otherwise by the Town Manager.
11.2 Upon notice of such termination, the Town shall determine the amounts due to the
Contractor for services performed up to the date of termination. The Contractor shall not
be entitled to payment of any lost profits or for Work performed after the date of
tennination.
12. GOVERNING LAW The law of the State of Florida shall govern this Agreement and venue
for and any action shall be brought in Miami-Dade County, Florida. In the event of any
litigation arising out of this Agreement or to settle issues arising hereunder, the prevailing
party in such litigation shall be entitled to recover against the other party its costs and
expenses, including reasonable attorneys' fees, which shall include any fees and costs
attributable to appellate proceedings arising on and of such litigation.
13. PUBLIC RECORDS LAW Contractor acknowledges that the public shall have access, at all
reasonable times, to certain documents and information pertaining to Town contracts,
pursuant to the provisions of Chapter 119, Florida Statutes. Contractor agrees to maintain
public ·records in Contractor's possession or control in connection with Contractor's
performance under this Agreement and to provide the public with access to public records in
accordance with the record maintenance, production and cost requirements set forth in
Chapter 119, Florida Statotes, or as otherwise required by law. Contractor shall ensure that
public records that are exempt or confidential from public records disclosure requirements are
not disclosed except as authorized by law.
Unless otherwise provided by law, any and all reports, surveys, and other data and documents
provided or created in connection with this Agreement are and shall remain the property of
Town. In the event of termination of this Agreement by the Town, any reports, photographs,
surveys and other data and documents and public records prepared by, or in the possession or
control of, Contractor, whether finished or unfmished, shall become the property of Town
and shall be delivered by Contractor to the Town Manager, at no cost to the Town, within
seven (7) days of termination of this Agreement. All such records stored electronically by
Contractor shall be delivered to the Town in a format that is compatible with the Town's
Page 5 of8
(
r
14.
15.
16.
17.
18.
19.
20.
infonnation technology systems. Upon tennination of this Agreement, Contractor shall
destroy any duplicate puhlic records that are exempt or confidential and exempt from public
records disclosure. Any compensation due to Contractor shall be withheld until all
documents are received as provided herein. Contractor's failure or refusal to comply with the
provisions of this section shall result in the immediate tennination of this Agreement by the
Town.
INSPECTION AND AUDIT During the tenn of this Agreement and for three (3) years
from the date of tennination the Contractor shall allow Town representatives access, during
reasonable business hours, to Contractor's and, if applicable, subcontractor's records related
to this Agreement for the purposes of inspection or audit of such records. If upon audit of
such records, the Town detennines the Contractor was paid for services not perfonned, upon
receipt of written demand by the Town, the Contractor shall remit such payments to the
Town.
SEVERABILITY If a tenn, provision, covenant, contract or condition of this contract is held
to be void, invalid, or unenforceable, the same shall not affect any other portion of this
Agreement and the remainder shall be effective as thongh every tenn, provision, covenant,
contract or condition had not been contained herein.
WAIVER OF JURY TRIAL The parties irrevocably, knowingly agree to waive their rights
to a trial by jury in any action to enforce the tenns or conditions of this Agreement.
COUNTERPARTS This Agreement may be signed in one or more counterparts, each of
which when executed shall be deemed an original and together shall constitute one and the
same instrument.
INDEPENDENT CONTRACTOR It is expressly agreed and understood tbat the
Contractor shall be in all respects an independent contractor as to Work, and tbat Contractor
is in no respect an agent, servant or employee of the Town. Accordingly, Contractor shall not
attain, nor be entitled to, any rights or benefits of the Town, nor any rights generally afforded
classified or unclassified employees. Contractor further understands that Florida Worker's
Compensation benefits available to employees of the Town are not available to Contractor,
and agrees to provide worker's compensation insurance for any employee or agent of
Contractor rendering services to the Town under this Agreement.
All employees and subcontractors of the Contractor shall be considered to be, at all times, the
sole employees or contractors of Contractor, under its sole discretion and not an employee,
contractor or agent of the Town.
ACCIDENT PREVENTION AND REGULATIONS Precautions shall be exercised at aU
times for the protection of persons and property. The Contractor and subcontractors shall
confonn to all OSHA, Federal, State, County and Town regulations while performing under
the tenns and conditions of this Agreement. Any fines levied by the above· mentioned
authorities, because of inadequacies to comply with these requirements, shall be borne solely
by Contractor responsible for same.
BACKGROUND CHECKS The Contractor will be responsible for maintaining current
background checks on all employees and subcontractor employees involved in the
perfonnance of this Work. Background checks must be perfonned prior to the perfonnance
Page 6 of8
r
I
i
I
I
I I..
I L .•
L
I·
21.
of any Work by the employee under this Agreement. Written verification of any background
checks must be provided to the Town at the request of the Town Manager.
LAWS, RULES & REGULA nONS Contractor shall be held responsible for any violation
of laws, rules, regnlations or ordinances affecting in any way the Work and the conduct of all
persons engaged in or the materials or methods used by him, on the Work. Contractor shall
give all notices and comply with all laws, ordinances, rules, regulations and orders of any
public authority beariug on the performance of the Work under this Agreement. At all times
during the Term of this Agreement, the Contractor shall secure and maintain all pennits, fees,
licenses, and inspections necessary for the execution of the Work, and upon tenuination of
this Agreement for any reason, Contractor shall transfer such pennits, if any, and if allowed
by law, to the Town.
22, POLICY OF NON-DISCRIMINATION The Contractor shall comply with all federal,
state and local laws and ordinances applicable to the work or payment for work and shall not
-discriminate on the grounds of race, color, religion, sex, ,age, marital status, national origin,
physical or mental disability iu the performance of work nnder this Agreement.
23, NON-WAIVER The approval, andlor acceptance of any part of the Work by the Town shall
not operate as a waiver by Town of any other terms and conditions of the Agreement.
24, NOTICES Whenever any party is required to give or deliver any notice to any other party,
or desires to do so, such notices shall be sent via certified mail or hand delivery to:
Town: Contractor:
Town of Cutler Bay
10720 Caribbean Blvd., Suite# 105
Cutler Bay, FL 33189
Florida Sidewalk Solutions
4351 Peters Road
Plantation, Florida, 33137
Attention: Town Clerk
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above
written.
Attest: ~k4 < ~
TOWN OF CUTLER BAY, a Florida Municipal
Corporation
BY~~
Debra E. Eastman, Town Clerk
BY:S\R~CJ-
Rafael G. Casals, Town Manager
Town Resolution # 14-01
k//"/ -
By g¥./.~ _____ _
Town Attorney
Page 70f8
(
!
l.
L
1_1
LL
r/~, ANABELL OVAlLES iO,' ,.~§ MV COMMISSION *"E865843 '\.~ EXI'IRES JI/IUIf)' .17, 201.'
f40!I3N.(tIS3 FIortcII~ ...... ..,
Signed, sealed and witnessed in the :"J@Jk,.
Print Name: ~\ \ OJ&\\~
CONTRACTOR: Florida Sidewalk Solutions
(*) In the event that the Contractor is a corporation, there shall be attached to each counterpart a certified
copy of a resolution of the board of the corporation, authorizing the officer who signs the contract to do so
in its behalf.
END OF DOCUMENT
PageS ofB
i:
"
i
!
"
i j
't '!
I , ,
Ii
i"' j!
, , ,
II II
(,
'I I (.
\ ~
'I : I It,'v'
L.J.
I ,L
WORK TO BE COMPLETED: 1:12 Ratio at the Total cost of $30.50 per inch foot.
1.
2.
3.
4.
5.
6.
REMOVE THE TRIP HAZARDS MAKING A SLOPE NO GREATER THAN A 1 TO 12 RATIO
(MINIMUM 1 TO 10 RATIO) TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT
STANDARDS.
CUT CONCRETE TO A UNIFORM FINISH.
CUT EACH TRIP HAZARD TO A "0" VERTICAL HEIGHT.
COMPLETE CUT ALL THE WAY TO THE.EDGES OF THE SIDEWALK.
ALL AREAS, SIDEWALKS AND GRASS LEFT CLEAN.
ALL CUT CONCRETE TO BE REMOVED FROM JOB
WE APPRECIATE THE OPPORTUNITY TO BID THIS WORK FOR YOU. IF YOU HAVE ANY
QUESTIONS PLEASE CALL US IMMEDIATELY. WE TAKE PRIDE IN OUR WORK!
Date: _01/03/13, __ _
4351 Peters Road, Plantation, FL 33317
Office: 954-514-7218 * Fax: 954-791-2334
www.floridasidewalksolutions.com
AGREEMENT
EXHIBIT "A"
UNIT PRICES:
1:12 Ratio at the Total cost of $30.50 per inch foot.
1. REMOVE THE TRIP HAZARDS MAKING A SLOPE NO
GREATER THAN A 1 TO 12 RATIO (MINIMUM 1 TO 10
RATIO) TO COMPLY WITH THE AMERICANS WITH
DISABILITIES ACT STANDARDS.
2. CUT CONCRETE TO A UNIFORM FINISH.
3. CUT EACH TRIP HAZARD TO A "0" VERTICAL HEIGHT.
4. COMPLETE CUT ALL THE WAY TO THE EDGES OF THE
SIDEWALK.
5. ALL AREAS, SIDEWALKS AND GRASS LEFT CLEAN.
6. ALL CUT CONCRETE TO BE REMOVED FROM JOB.
4351 Peters Road, Plantation, FL 33317
Office: 954 c514-7218 * Fax: 954-791-2334
www.floridasidewalksolutions.com
CO.NTRACJ FOR
REPAIR OF SIDEWALK TRIP HAZARDS
Contract No •. 2014,..S7
-"'~. .
MIAMIJCLAKEs
Growing Beautifully·
Th", Town of Miil.mllak~s (lol.lncih
Mayor WayneSlatpn
Vice Mayor MannyCid
Coun¢ilm~mbetThtt Daubert
CQuncil.member TOnylamfJ
Councilmember Ceas8rMestte
C()uricil.mettlberFrank MingQ
Council.member N~I$oriRoqtiguez .
Alex Rey,IOIII(O Mani'lIJef
Th.e Town ofMiallli lakes
6601 MaIn Street
Miami Lakes,. Florida 33Q;14
[
I
I ~.
I ,. ,
I
I
I
SECTION/ARTiClE
TABLE OF CONTENTS
TITLE PAGE
'1 ... ; ........ -. .. ~ •• Defi nition s .. "~"'" ............ , ..... ",",", , .. ,,, .... ~ .................... , .. " ......... " .. ",',,'" , ..•. -. ... "-";'" ( •• H-'" •••• 4
2 ..... , ........... Tlmecl~ tlf tf1e Essence ..... ,.;;; ..... ; ................................. ", .... ,., ............. ,.,.w ................. , ..... 4
a .................. S'cope ofWork, ............................................... u •• ~ ............. ~ ... , ...... ' .. ~" .... ' ••• , ...... ,'.,., .. ,., .... ;, ...... 5
4 ................ ;ConVa~t Term/Estimated Expenditure ,;i ... ; •.• ;."., ............. ; ..... , •• ,.; .......... ;; ........... " ...... ;5
5 ................. 0ptiotl(s) to. Renew ........................................................................................................ 5
N ' N 6":0 ~., .,'''Y~~\ i-,.'Jip,u(~ fo t 'P~r.(q.rmJ n_g W,oXk,.:;., •• ,.~ .. :.,.i;,.,~ ••• ~, •• :~,;~, ;"'~ ~.".~~ .,,-,.:! '''''f' ,'~J"'" ii_,' ",_~,,~! <,; ~~t .~~, .;, ••• '~~' ,,/I !'.,,~' ,
7~.u ,. "'.~ .•.. ' •.. Com;'peiis'atron ,~ ......................... ~ ......... , ... , ...... ' ............ , ....... ". " ... ,,,,,,, ... "',','\','" ............ , •. ,,, .~",,5,
,a;,;,r.:~.;i·,.\;)'i/.;,.~;'PrJ¢I~g., .• ~.tt •• ; .... ;.,., .. ,·'1,', ... ~; ... ,.~,.-... ~~.,i'.~,1-... t;/~,.'._~\o;. .. ~il ... '~ .• ,-i:\'¥ •• ' •••• )~.;.:.' .. ' •• ,~f ... ·i.~.,'~' •• ;. ... ~ ..... ;.;.";";~;"''';-' 6
9 .. , ............... Paym_ents, ......................... , ••.••.•• , .... , ............... , ... , ... ".: ... _ ............ ~ ••.••••• ,. •• ' ••.•••••••. ;., ..... ; ...... , ....... 6 _
_ lp;,. !"'~"'" fO Notic.e. ~~~."!,~;,'~.~ ,.~,._.;~,~'f.,. ~~,~:;.' ...... ' ••• _;~,.,.,.~., •• '~'.','" !',"'_"! ......... , ... :_ ...... ~ f" i, .... , •••• ,: •• ~.~ ...... ", .... ~.""'" ~ ," -",.;:6
11 •.••.• , ... H,' "Inde,mnification, .................. -................................... ~ ........ ,\ ...... ,_ ........... '.I., ... , ... _ •• ' •• , ........ , ......... 7
14~·i.,~,.,-... ~ .. ,',I,ns'~.rah·ge ... ' •• '.i ........ ,': ..... -, •• , •••••• ".~ •• ;, .. ; .. ~ .......... h.,;.;.~;O-.... i ... ;.-;.O; •••••• -.; ••• t' .... l ...... ;.~ ...... , ..... -. ••••• 7
13 ............... General·~equlrements ................. " .............. "" ............................. » ................................ 8:
14 •.•• , .......... Aw'ard,Qfl>rQj~cts ... " ..... , .• , •• , ............................................. ' ... , ...... , ......... , ...................... , ••.• 9
15 ............... Rules and Regulat.lons ....................................... , ............................................................ 9
1.6 ... M, ...... ,Sitell'i\!estigaticm .ar\d Repre~entatlo.n ., •. , ................... ; ..... " .......... , .............................. 9
17 ............... Method of Perform in!! the Work .................................................................................. lO
18."., .•• :.' .. :.;.,;prote!:tjon .of Prop~~Yi UtilitIes, and the P~illic .•.. ,; .......... " .• , .......... " •.• '.i'.i' .. ".;' •• ,,;,.,,~O
19 ............... Colifractor's Responsibility fofDamagesail.d Accidents ........................................... 10.
~Q_ .. -.." •••• ;. ~i.; ,Saff!~Y PtecEi ut)qns '~ ••• -..,,~ .. ,; ',' ' .. , ~.;,.:~:".'.,.;'. ~i~ ••• , .................. -'~! ; .. ~;~h. ',;.0.; ... ' .. , ...... .-.~ , ...... ,';;.H .... ~ •• ~ 0
2,1 .......... , .... Labor<'and Materi_aht: ...... ,., .••. ,_ ..... ~ .................... , ....... t.' ........... ,.~., ... ~"! ... , .......... " ••• , ...... -' ... -O:' ••••• 11.
22 ............... Ve,hldes aO~Eg~lpment ." ............. , ............ ,; ...• , ............ , ...... " ..... , .................................. 11
;1.3 ................ Supervis\on Qfthe Wor~ ........................................... ,,, ...... , .• , ........................................ ,.11
24.,',.-,,0:' .~ ...... SUb,Colltra,ct:O-rs '.;, ............... ~ ... ; .. ' ........ ,; .•••• , ,,-, ..... ; •. " .............................. ;;, ...... ''-' ' ................ '.'.' 1"1
25 ..... , .......... f(uthOrity of the Proje.ct Manager .............................................................................. ". 1.1.
26 ... , ........... Town Licenses, Permits and .Fees ............ , ................... , .... , ................ : ......... , .. ,.,., .......... 11.
27 .... _., , .. , .. 0,,' Tax e$;n~.' ~, .... ~., "','" '.,'''' ""', .• , ........ \ .... !l ••• " .. , .... T ..... P" ......... ~., •••• ,' .... ~ •• ,.., " ..... ',' ','~~" •• ,._ •••• ~ '_-''',0,. >,,,_,, 12
2 8.·,: •.•• ·, ;,.', •.• : •• ,W-a rra rjiy .. ;_, ....... ',-... , ... ' •• ' •..••. ( ...... :. ........... '-"." .j. ;.; I ......... ; ......•• i •••••• '':;'''''~''' •••••••• ' .......... ', •••• '0' .. , •• ~ • .12
29 ............... A.cceil~·toWater and Ut.llities ..................... , .................................................................. 1.2
ao ............... Jtemoval.of Unsatisfactory Personne.1 .... , ..................................... , ................... , ........... 12
31 .............. Inspection of the Woik .......................................................... , ............ , .. , .... , ........ , .. ; ........ 13
32 .............. Defective Work ............................................................................................................... ,. 13
33 .............. ChshlleOrders .................................................................... ; ...... , .......... ; ....... ; .. ' ......... , ...... 13
34 ........... ",.Fclrce Majeure ................................................................................................................. 13
3.5 ........ , \: .... , ~xtens ibn o,f Tiin_e ... , ..• '~"-'" ..... ~d 'V~"! 'HiH' .-, ~ •• '.:., ..... 'J~.'" " .... ' .... ~~ .... ~' •• ('-'~'!"" "'~l'~'" '~'~""".' .... 1,4,
'36 •• ., •.• ; ........ Cla ihlS' .... ' ••• ;;.; ............ 01 .. ' ..... " ... ;'.~ ............... ' ............. 'io .. d .. ' ............... ' ... ; ............. n ................. '.' •• 14
37 ........ , ...... Disputl!sand .Medi~~,(on ............. , .............................. , ..... , ........ , ............................... , ...... ,.14
.3S ............... Continulngthe Work ....................................................................................................... 15
39 ........... , •.• Fral.!.d'.lft1d lIi1isiepr!!seot~tipn ............. ; .......... ; ............. ,' .. ;,.,' ••• , ................ , ............ ;.; ...... 15
40 ............... Cleaning.Up;.Town's Right To Clean Up ......................................................................... 1S
4.1 ............. ; .. Coi'ltfactOr Dj!fault ..... ; ... ,;." ........ , ..••••• , ....................... , ............. , .... : ... ; ............. ; .............. 15
42 .............. :Terminatlonfor Convenience ................................................................................. , ..... 16
43 ............... TOwl\ May AYail.ltself of All Remedies ... , ... ;.';.; .. ,.;,.;;; ........... , ............... , ....................... 16
Rep'air ofSidew-alk Trip Hazards Contr.ct No. 2014·57
44m .. "" •.... ;Cor1lI!'i~l)l:ewith ARPliCilbl~ Laws ••. , ..... , ......... , ......... , ......... ", ................... ,; .................. c16
4S .............. :Nondlscrlminijtion!Equa'cEmplbym~nt Opportunity,
Alli:fAlJ\"ricaIlSWltn Di~~,bll,itl!!S,A.;fii.; ....... i ...... " •. i •••• :i.; ........... , ............... , ................. ,~7
46 ............... lndependent'Contra,c\or ............................................................... , ........................... , ..... ,17,
47 •. , ....... , .... ; Third Party Be,llefi¢ia ries ' ...... ; ....... ;., ....... ;'.;; ......... ; ...... , ... , ................. , .............. , .... ;., .... , •. 17
4.8 ............... Asslgnment or Sale of Contra at .: .................................................................................. 17
49 ............... Materialltyahd Waiver of 'Breach , ...... , .. , .. ;.,,,, ......... '.' ... i .. :; •• ' ............... , .......... !, ........... 17
SO ............... Defense ofCralms, ........................................................................................................... 17
. 5'1!'i~ .•. ,;:,w·w,;, •. flJnd:$,Ay:C;lJIaJ>IHty,h~:m.;i\.i~,,~~,., .. !~,.-.;.i·.,.-·;, ... ;.,;.:;;~~ •. ;lt.~,.}v'Yir.il~'.' ... ;;_\ •• "l.,·,!·(·;· .. ·.,i;.~·· .. .-!j(;.:M\~,!'~,';·:i.!.·;!!'':;MJ;~
52 ............... Acoess To and Re'liewdf Rec;ords ................................................................................. 1S
53 •.• ,.; ... ,;; .. ;Tit\1e,\i1 Which Tc:i!\ringActIQnAg~tnst The TQwn.,,,,, .. ;I.;., .. , .... , .. ;,i., ... , ......... ,, ............ 18
54 .. , .....•. ' ......... Contract Extension .. ,~ ... ~'.,; ....... ,; ...... : .... ; .. , .. : .• , ..... ; ...... ~, ..... , ....... ·.h,' ••• U •• h .......... ,,-.............. ii ••• :lS
S5' ................ Applj~abl~' l~W ant!. Willie qf LitlgatloJi ......... :; ............. i." ...• , .. , ..... , .•..... ; ... ' ................ ;is
S6 ... " •• h ........ Non-::t:xchJ's_lve Contract '.i"oj ...... ; •• '.' ................. " .............. " ..... ; ... ' ..... ,;;.~o ............ '., ....... " ..... _1&
5?; ............... SeV$ra!)iUty , .............. , •. i"." •• , .. ; ..... " ................... , ............ !;; .. " ... , ........ , ... , .................... , ..... 1&
58 ............... Contract O.ocuments Contains All Terms .................................... ; ................ " .............. 1!1
59 ....... ", ..... Ehtife Agreerneht·, •••. , .. ; ...... i ....... ; ..... " ..... , .... ; ... ", ......... , ••• " ........... , •• , ••• ;' • ., ••• " ........ ,,, ...... 19
I
I
Repair QfSjd,e_wall< Trip Hazards C9nt,~~j No. 2014·57
I
t
I
~
I
I
I
I
Terms and. Conditions
Artitle 1 Definitions
Chan'le Order means a written document ord!1rlng a Cl1ange.ln thE! Conttact price or C;dtitractt.l.me
or a material change In the Work.
Conttaetmeans the. contract that has been eX!1cuted by tM Bld.der ahd the Town subsequent to
approval ofaward by the Town.
COrit(li¢tDQcumel1fsmeans. theCQ.!1tr~tt~srna.'i be amendedfrorntirne to the, liVorkOrders, ...
WClf.k order Proposals,chaqge orders,payments and oth.er such.dotuments issue(i undaro( relating
to the Coiitratt,
Contractor means FloiidaSidewalkSolutions.
C!.!~erneans the actiont.aken by the Contractor promptly, aftertecelp~ of wtlttennotlteifro rn tlw
Town of a breach ofthe .Contract D.ocuments, which.shall be performed at no .cost to thelQwn, 10
repair, r¢place, correct, 01 rernedY~1l materlai, eql,lipment, (jf otll¢reiemeots cif t.he Work or the
Contract do.cuments affected by such breach, .or to otherwise make good and eliminate such
breath.
Cure Period meansihe p.eriod of time. in whiCh the Contractor is req~ired to remedy deficiencies In
the Work 01 cornpn~nc!!1N,lth the C6~tractD<)~um!!nts ~fter tetelptohll/ritteh N.otice to Cure from
fheTown Identifying. the deficienCies and the.time (0 Cure.
Insp¢l:tQrrne"h.~naqtti!:lrfi:edrepre$e!ltatNe of toe T9Wlt ~$~lgtl\;\~ t6m~ke. necessaty Inspections
of materials furnished by Design'l\ulld Firm and ,0ftheWork performed by Design-Build Firm. The
TOVlih, at is soledisctetibn may hire an professional COnSUltant til perfotmtheinspections.
Notice to Proc.eed means.a written letter or directive, Issued .by the Towll Manager or: deSignee
a!:krlowledging that all conditions precedent to award have been met and directing that the
Contractor may begin WOrk.
i'f<iJectmeans a tasJ< iJr serle50fta~ksa$sl!:rI~q bYWWn through the iS5Ual\CeOfa Work drder.tha.t
the Contra~tor must complete in accordanwwith the Contract Ooeument.s .•
PfClject Marlaget rri~~nst.h~indi)!lduajasslg~edby the T(jwIlM~l1agenp manage if I>rojectissued
through a Work Orderunderlhe Contract.
Town melinsthe·l'Qwn CQ.uncii ofthe·Town ofMiamiLa~es.orthll town Manager, ifappllcable.
Town. Manager means the duly apPointed chiefadmlnislrativ!iloffiCiitQf the Town of Miami lakes. or
his designl;!e.
Work as us.ed herein refers to all reasonablV necessaty and. inferaille .Iabor, rnaterial, eqUipment,
and seNlces, whether or not specifically, stated, required by the Contract Documents for the
Contractoriofuifiliits obligations, utldertheContract DOCilments.
WClrk()rdermeans adocumentlssuecj by the Town awarding a·specificProject(s) to a Contractor.
Work aider Proposal means a d6cumimt prepared by the. Contractor, at lh.e. re.<t.~E!st of th¢ ToWn
for Work to be penprmed ona Project. .
Article 2 TIME IS OF THE ESSENCE
Contractor will promptly perform its duties under the (ontraet arid will give the Work as much
priority as. is necessatyto cau$e. the Work to becpmpleted 9rj~ timelyb.sis in ac~Orclance with the
Contract Documents.
The date and period oHime set forth in each Work Order for the comrnencementand completion of
the Work Was includedbetause of its importance to the Tawn.
4
Repair of Sidewalk Trip Hazards Contract No. ZO 14-57
Article 3 SCOPEOF WORK
Th.e WorkcOliSists of furnishing aHlabor, rnaterlals, mllchilt!iry, tQpls, me~i\s "f ttanspqrt~ti(m,
sqpplies,equipmen1;, anq $eNtces necesSary to reR~.ir sl.dewalk trip haza,rds utilizing the Contractor's
patented saw-cutsystem. .
.AII sldewa.ik.trIP ~azaT(ls marked fQr SB\IlcUttinil shall pe done in accordance with the American with
Disability Act requirements. Each offset shall be tapered at ~. mhifrnum 1:1.0 slape and a maximurn
1:12 slop~ and sh,aiJ h~yea ~(t1o,~hunifoIm apPe~ran~e and texture.
Article 4 CONTRAC1 TtRM/ESTIMATEDEXPENDITURE
ThisAgr~ernent shall be eff!!.~tilie uPo~ e)Ce~ulioD~Y both parties ami shall continue for a term of
twotl) years from the date of executionbythil Town or until. the Contract ValUe has Qeen
l!XIl¢I1!i¢Q. NQ \i\!l;irk shallcorhmence unti.l·a written Work order is is.sued; The Town anllclpates
budgeting $200,000 for the Initial Contrattterm. '
ArtiCleS O~TION(S)TO RENEW
Prlotto or upohtompletion ofthe initial termpftheCont(act the T<)wn, at its $ole disct!ltion, sha.1I
have ahoptlpn to renew this Cantrllct upon thesam~t!lrmsand condlti"ns forMo (2) additional
one (1) year extensions (the "Option"). AnyQ/>lion ~bQ'1I be effective Upon receipt .ofa written
obtlee fr\lm the ToW,h Manager tot~e. Contractor. The Town may, at its sole dlscretlonallowfo~
price incre.a.se.s dufin~ the, Option years due to l!xtra.orQinary ~hanges hi market cor\<litions ~I!d
priCing.
'Article 6 HOURS FOR PERFORMING WORK
All Warkshall be perl'ormellin accordance ""ith the hours!et forth· in the Town's noise Ordinance
No. 04-50.
Any WplktQ be performed (lutside these hours willrequjre the prior written app.roval ofthe Town
Manager. AW",rkOrdermaY establish dilferlmt working hQuJs than tllQ.ses.tated herein.
Artlcl!¥7.COMF'ENSATIDN
Contractor~hal! prOvide the Town With one iniloice within,thirty(IlO) day, of thetfate,;erviCaS were
(e,ndered, At a minimum the invoice must contain thefollowlntllnformatlon: Multiple InvoiceswiU
net be accepted and the·Jpwli will not make payment basecl on statements of accounts.
• Name and address of the ContractOr
• Contract number
• Plirchase Ofd,etnUmber
• Work Order number
• Date of I'nvoice
• Invokenumb1iirs (Invoice /lombers carl."bt berepea'ted)
• PtlscrlPtlQn of WOrk performed th.e Illcluding Ihf1 foH()\iVlngby 10catipQ(s):
o tilphazard number
o Helgnt on one edg\i (shown as decimal equivalent ottne fraction)
,0 Height of the other edge (shown as decimal equivalent oftne fraction)
o l\l1eadeet oftrip haWd
o Measurement converte.dto inch feet of cutting
• Costf"tcutting each tri,:l nllZard
• o.uantities·ofWork Perforrned or.l.nstalled
• Extended prices
5
Repair ofS"idewalk Trip HI!ZMd$ C6ntr""tNo.2014,57
I ,
t
I
l
I
l
.• lqt~!v~lu¢ oftne inVQice
fallurdo include the abolle information will d.elay payment. Payments will not be made based on
statem~nts'ofaccounts.
The Town witt take.actlonio pay, reject or make partial payment .on. an InvdlceJnaccordance with
the Fiprida tocal <>(lV~r.nment PrOmPt PaYment AetNa PaYmilnts shall be dUll or Payable for Work
not performed or materials not furnished orwhere the Work has not been accepted by the Towi'!. If
tneJe Isa disp~tewi~breg~rd tOan,lnv()l~e, th""ToY/hwili P.Y the amount notin~i~PQteand rejeCt
iheremajride~tfiaiiiindispute; .. ............ ...................... .. ...... . ...... .. ... .... . ... '" ......... .
ARTICLE 8 "aICING
The costforsaw cutting shall be $30.5.0 fora.1:.u) slope perinch foota.rld,:$31 .. 50 fora 1:12 slope per
Inth foot.
Article 9 pAYMENTS
Contfl,l.ctOr .shill! submit Invoices only 'after the Work has been Inspected and accepted by an
Inspector for the Town. Payment for Projects shall be paid.ln accordance with the State of Florida
lotalGoverrtmerilPrornpt Payml!otAct, uportFihal COmpletion of a Work'Qrder.
Article 10 NOTICES
Whenever eitber partv QeSire$'tQ give· written no~ieeto the other relatlngla the·Ccmtract, sllch roOst
be addressed to the party for whom it Is intended at the place or address specified below; and the
plaCe forgiving tM nPticeshall reo:\'lain until,ltshall have been c11anged by written notice in
compliance with the. provisions oUhis Article. Notiteshall be. deernedgiven on tile date received or
Wi.Wri 3 daVSofma1ling, if mailed through the U~ltedStates Po~tal Service, retum receipt or
signatute required. If Noticeis sent by e-mail sB.id Notil:eshall be deernedgi\fen on th.e dale seot via
a-mail, Nq\ke shall be deemed given viacourier/clelivery service upon the initial delivery date by
the coutler/delivery service, Fortne present, the partie$ desJgnatethe {ollQwhjgaslherespective
places for giving.ofnofice; .
ForTQwn:
Mr. Alex ~ey
To.Wh Manager
TQWll ofMla.mi lakes
15150 NW 79 lh Court
Miami Lakes, Florida 33016
reya@mlarrilllike-fl.gov
Mr. Gary Fabrlka.nt
Procurement Manager
Townof Miami lakes
15150 NW 79'hcoOtt
Miami lakes, Florida~3()16
fabtlkantg@mlamllake!Hl.gov
For Contractor:
Dina Callari-Sd,:mkus
CEO
Fl.odda SideWalkSQlvtlons
925' SW 42'd T er~ace
Planta~lon, FL 33317
Repair ofSidewalk-Tdp Hazards
6
Conttact Noe 2014-57
I
I
.flsidewalksolt§!bellsdqth:het
Duringt~e Workttie ContractorstJ<ll!m~intain c9ntlnuing cQtt1rnunications with designated'rQwn
representafil(e ($). The ContractQrshall ke:t!!p the Towr(fully ,nf(lrOOad as to the progress of the WOJk
under the.Cootrad.
Article 11 INDEMNIFicATION-
The Cowector sha!l.indemnify andhold .. harmless theTown,. its offlcerSiagents and employees from
·.and against a!lliabilitYi .cIaim.s( dilmages, lossasalld ex~ehs.esiinciludlng reasonabli!~ttotiiey'sfE\e$ .
and coSt~at b!lth trial an .appellate Jeve.ls arising out of or resulting from th·e performance ofthe
W()rki.lhderthls c()ntract, caiJsedby h~gligeiice, ~ecklessliess,lnt~rJtidnal misconduct, or any actor
qml$sloi\ oft~e Contraclorqr'l\nVone directly or Indirectly employed by Contractor or anyone for
whose acts Contr~ctor may b~ li~bJe. Th~ .C;ontractore~pr~ssly llliderst.anc!s Mt:I agr~~s t~~t any
ii)surance pr<lt~ctionrequiredWthls Contract or otherwise providell bYContractor shall in no way
limit th~.r'~sponsibillty to ind¢t:l)!\ily, keep an!lsalle harmless .lIhddefend the Town.ot its officers,
employees,agents and Insfru menta Uties as herein provided.
The ContraCtor a~rees arid recQgnlzes that the Town ,stiall not be held liable or responsible for any
claims 'Which may resUlt frorn~ny actions. or ·omlsslons, of the Contractor In which the Town
participated either through revieW or conc~rren.t!!of' t.he C()~tractor's actiohs.. .In reVieWing,
approving or reiectinganY st)bmissions by the Contractor or other actsofthe:C~ritractor, theTown
in M. way assumes orsharesany respoQsibility or liability of tbEf Contractor or $ub-Contractor, under
this Agreement. The Contractor shall defend the Town ·or provide for such defense at its own
experl$e, at the Town's option.
Thisindemnlflcafion.obllgation shall survive.the expiration or termination of this Contract.
The ToWn hasprOIli!led speCific consideration fQr tne iilC!emnl!iCatlon Qf$1O.00ftom the Sl,ImS d~~
to the Contractor under this Contract
Article 12 INSURANCE
Without limiting any of the other obligationsorliabilities of Contractor" the Contractor shall secure
and OOaintaijj throushOIJ.t thedqratioo of thisCOnt.r~Ct, Insurance (jf $uch type Ilnq In s.uch amounts
nl!cessaryto protect its interest and the interest of the Town against hazards orrisks of loss as
sp~cifieq belo"". The unilerwrlter. of su.eh itjsurahc(l$,n,,11 be qualified ttl dobuslheSS in Florida, Qe
rilted B as to management and "Class.V" asto streogthor better as rated by the latest .edition of
Bes.t's Insurance GOide, pl,/!l1ished !;Iy A.M. Best Company, OldWick, i"le\ivlersey, or it$eql,llvalent,
The Insurance carrier shall have agents upon whom service of process· may.,be made in the,State of
Florida. The insurance coverage shall be primary insurance With respect to. the TOWn, its. omci.ls,
employees, agents and volunteers. Any insurance maintained by.the Tbwnshallbe In excess enhe
C;Pntractqr's ills\lrl\n~eancj sh~U npt contrib.ute. t9 theC<\litractOr's insl1rance. The insuran~
coverages shall include a minimum of:
!!. Worker'sCombensatlon jind Employer's Llabllltv Insurance: cpverage to apply for all
employees ·for statutory .. limits. as required by the State of Florida's Statutory Wor.kers'
Compensatidn l~w" and all applicable FederallilWs. The PQIlc:y(iesj must Include' Employer's
Liability with mlhimum limits of $500,000.00 each accid.!lot and a waiver of subrogation.
b. Cornprehensiv.e Automobile and Vehicle Liability Insurance: This insurance shan be written
in comprehensive form and shall protect the Contractor and the Town against claims for
rnluries to merflbets. of the pul)lic a ndfqt damages 10propet1yof Qt~ersarising from the
Contractor's use. of motor veh.icles. or any other equipment and shall cover operation With
7
Repair or Sidewalk Trip Hazards Contract No. 2Q14·57
r~$pet:t to 60site~nq.off~ite.op.eratiQnsi~nd Insurance coverage shall extend to any motor
Vehldes or other equipment IrrespectiVe of whSth¢t tbe ,sarneis 9wned,nan-.ownec!, 01
hired; Til\! limit of lI.bUllY shall !lot be less thilO$500,dOO.OO per occurrenCe, cQmbine~
single limit for Bodily Injury Liability and ProPerty' Damage LIability. C()Verage must be
affQtt'f1\(Jon' af()rm op mote restrICtive that the latest edition of the Business Automobile
liability Policy, without restrictive endorsement, as flied by the I.nsurance Servltes Office.
~. commercial Gener~1 liability. This Insurance. shall be written In comprehensive form anq
shaUprotect the Gontractor and thetownaSa il1St'ciai ms arlslngfrqmlnjOrl¢5'tomembei$of ....... .
the pup!ic, or damage to prpperty afothets ariSII1I!.Qut of any act oromisslon to act of!he
Contractor oranyof Its agents, employees,or$uQ~oljl(!:lCrClr$. TheUmit of /labilitY shlili.l\ot
be le$$,t!\af\ $5QQ,{)00,{)0 pet occurrence, cQmbi~e.d slhglellmltforBodllyJnJury Liability an.d
Prapel'ty Damage liability. Cover.ge must be afrorded on a primarY'alid noncontributory
basJ$~nd with a ¢pveiage fprm rip rnQrerestrlctlVe !him the latest edition of the Commercial
(3e!ieralllilbHity Policy, without restrictive endorselTlents, as flied by the Insurance Servl.ces
Offlc~,ai'i~ rnOst include: (ll premises and/or Opetiltlons; (2) Independent contractors and
productsand{orcompJeted Operations; (3) Broad Form Property Dampge, PersQnallnjury
and a Contract~al liability Endorsement, Including any hold, harmiessand/or
inaemnificatlon agreement.
:!!:. certificate of Insurance: Cohtrattpr $ball.provide the Town .. iVlanager or designee with
CetliflCatesof Insurance for all required Pblrcies.withlnfifteen(l.~) days 'ofnotiflcation of~
condlflcm",I~W~rd by the TowQ" The .certjftcates df IQSutance shall not only name the tYres
of policv{jes) provided, but also shall refer ~p~clficaily to thJsContra.cta.l'!cI shall state that
suchiiJ~urance isas reqilired by this Contract. The Town reserves the rlllht to require the
Contractor to provide a certified copy of SUch poliCies, upqn.wrltte.n requeSt. by the Town.
Each policy c'!!rtific;tte shall be <)nclorsed with a provision that not less than thil'ty (30)
calendar dayS' written notice shaUbe provided to the tOWI"\ b'eforeany palM pr cOVel'ag¢ is
canc~.H.ed, r.es!ricteQ, ,ita materia.1 change is matls. Acqeptance of the Certificate(s)is
slIbJett toapptoval oftheTown iVlanagerordeslgnee .
. e. Additional Insured-The TOWn is to.besp~cifiC'allVincl\ideda$.~ii Additional Insured for the
Jiabllity!lfthe. town resulting. from .operatlons peiformed 'by or 00 behalf of COl]tractor in
peiformanceaf this Contratt. ContraCtor's' insuranc~,.II1c1udJ~g thai ~pplicable t.athe town
a.s. an Adcll.tlooallnsured, shall apply on a primary basis and anY otheri~surance maintained,
by the Town shall be In e~cess of and shall not cOhVibute to Cbntriidor's Insurance.
'Contractors insurance shall contain ase:verabllityof Interest provis!onprovidlng that,
ex~ept withrespe~tto the total limits pfUability, the lns.urance shaU apply to each Insured. or
Ad.dltlonal Insured in the same manner .asif sepanite policies had beeni5sue1:i fa each.
AU de'ductlbles or self-il\"Sured retlln\lonsmllst be deciaredtoanCl be approved by ihe Town
iVlanaser. The Contractor shall be responsible for the payment of any deductible ()f self-Insured.
retentionslh the event of.any claim.
Article 13 GENERAL REQUIREMENTS
The employee(s)of theColltractar'shali be col\"sfdered to be at .11 trmes its employee(s), and not
el11ployee(s) .of ;ige.rit(s) oflheTown or any of its departments.
The Contractor agrees that t.he Cont.ractor will lit 1111 !Im!lsemplpy, mai!'lt~ln and assign. to the
performance oftheCbIltract a sufficient number of compeientand qualified professionals ani:! other
personnel to meet the requ!rements of the Worktpbe perfPtmed.
8
Repair-of Sidewalk Tri(i Hazards COlitra,! No. 2014-57
,
I t
l
I
!
f
!
!
I '1
I
l' !.
I
I
i !~
L
!
Tbel;;ont~ctor agre~$ to adI~st staffing levels ot tl:> rel>la~e any s~affper:~pnnel Ifso requested by
.th,!! Town Man.geror designee,should the T~wn Manager or designee make a determlnationthat
said sfaffinglsunaCC¢ptaille or that aOY In~.lvldualls nOIPerf(1rmlng In a manner cOl'IsiSt~ntwilh the
requirements for such a position.
The Contractor represents that Its slaff p~rsOlinel have the ptopersklil$, training, backgrolmtl,
knowledge, experience, rights, .authorhatiQns, integrity, character and licenses as necessary to
performtheWork, Ina competent andprofesslonal manner.
·Th~ GOhtractor sllallata If tim es c,yoperatewittithe Town, orfhe Consultant!lf·any\ ariti COQrdinate
Its tilspectiv~ Work effQrts:to rriosteff~ctiveJyart(j effiCientlyprogrils$ t~e peliormanceofthe Wor~.
The Town, the Consultan! (if any) and other agencies authorized by: the Town, shall have'full actes.s
to t~e,Prpject.site ala II titn.e.s.
The lIPparenl sil.ence of the Contract Documents as to any detail, orihe apparent omission from
them of a (Mailed description concerning anI' Work to bedon¢and !l1a~rlal$ to be furni$hed,shali
be regarded asmeaningihai onlybest practices aretoprevailand only materials and workmanship
ofthebestqualltyarefQ be used in theperformante oftheWork.
Article '14 AWARD OF PROJECTS
The Project Manager wllllssueawrlttel1 Work Ordll.r consisting of one or more Pr(lject{s). The Work
Order wfii indude lo.cailons ofthe Work to be performed, and the timeffiml~ foi completibgthe
Work
Article 15 R!,iLES.AND REGULATIONS
Th.e Cqntrlidtotsn.ali darn ply 'with all laWs and regulatlon~ applic<ible to provision of serviceS
specified in the Contract Documents, fhe Coniractorshall be familiar with all federal,. state. and
locallawslhat ~ff¢ct !hilWQyk.
Article 16 . SITE INVESTIGATION AND REPRESENTATION
lh.~ Contr~ct.or ~cknowledge~th~t It hassatlsfi!lcl it~elI a,$ tc! thenawre.~nd loc~tion(s)oftheWotk
undertheContract Documents upon receiving .a request for a Work Ordllt~toposaland prior to
comrnenCEi.lTler\tt.he Work under an approvel! Wor~ Order.t~e general a./ld local conditions,
particularly those bearing' upon availability of installatiOn,. transportation, disposal, handling and
.storage (If materials, and a.1I otlier matters whlcllcan in anyway affect the Work or the cost thereof
underthe Contract Documents.
The Contractor Is resPOnSible fol any and all c1a.im.s. resultiQg from the damallecausecl to. any
utilities, identified or not.
SHould theCont.ractor Idel\tifyany utilitieS; structures,etc., Whi~h Will or may be encountered
during. the performance of the Work, the Town shall becQrisi.rlted 'imrnedlately in Qrdei fllr a
deCl.~lpn to be made 011 the potential relocation or otner actioo{s,) to be taken as it relates to the
Work.
Artlde 17 METIIOD OF PERFORMING TftE WORK
The apparent silence of theContr~ct.Oocoments as. to ilny detail, or the ~pp~rent omi$slon from
them of a detailed description concerning any Work to be done and materials to befurnished,shall
be regarded as. meaning that only the best general practice is to prevail anQthat onlym.aterlal anc!
workmanship olth.!! best quality is to be used, and Interpretation of the
9
Repair afSide\valk Ttlp Hazards. Cohtract No. 2014·5T
i
I
!
Th~ mann.~~ I~ )Noleh theWork/lsp\ltfc?r!ned sli~1I be s\lbJe~t toth~ ~pprovai oftheProject Manager,
whomlfnecessary,shaflhave the authority to reqUite. changesihthemannet in which the Work is
periormeq,
TheContra.ctor .shall familiarize Itself wlthnorm.al Town operatlolJswhere the Work Is to be
petf(jrmed so that it tan cohductthe Work In the be.st possible miltll\er to the c(jl:t1plete satisfaction
of the Project Mana~et,
ArtICle 18PROTEc:J"IONOFPR()PERTY,UTILlTI.ES .• ~ND THEPUB~IC
The ContractorshaU continuously mal.ntill.n adequate protection ohll Its Work from damage cllnd
sMIIPtcnectpllblical1d ptlvate·property,and utilities frominjlltyor loss arising In connection with
the Work, and take allhecessary precautions tOprevenfacCidents,.il'ljiJries, orlf~mage to persons or
prQpertycm IIf ~e.a(the Wor~,
The Contractor shall be completely responsible for, and shali.rEjplaceand make good all losS, injury,
or d~m~ge to any property. (including landscaplng,irrigatlon, walk$, drlve.s,s!ructures orlltillties.
Article 19 CONTRACTOR!S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS
C(jhtra~lor shanjlc~c:lPI fu"re~ilonfibUity forlNorkagalM\all (js$es or 4.am~ges of whatever nalure
.sustalned until acceptance by Towil Manager or designee, atldsh.a.1I promptly.repalr or r~place, at
no ~dditl()ni!1 ,cQSt to th.e TOWn any Work, materials, eq~iprneni, or supplies damaged, lost, stolen,
prdestrO:Vciidfromanytausewhaisoevet. .. ....... . .. ... . ..
ContraCtor sh~n acceptMI responsibility for WOrk~gaiostalllosses or damages of whatever n~ture
sustained until accetJtaoce by Town, and shall promptlyrepW Or replace, at no .addltlonal cQstto
the Town anyWork, materials, equipment; or suppltes damaged, lost, stolen,or destroyed ftomany
cause whats.o.ever.
Artlcle2Q SAFETVPRECAUTIONS
The Contractor shail take ~nnece$sary preci\utionsfor thl)·sa{ety ofemplclYeesjn the p¢r:formMee
oft!1eWorkl:% aboutor a<:IIacent to t~¢ premises, and snail comply with aU applicable provISions of
Fed!!ral.r st;j'te, 'arid Ip.calla\\ls, incluqing, Q.ut. i/ot limited \0 1M r!!qulrer1i¢ht$.ilf 1M Occq~atIQna(
Saf4r!ty ~ndflealth Act of 1970,and amendments thereto, to prevent accidents or Injury. to persons
On, about oradjacetlt to the premises Where theWor~ Is bel\lgPetfoimed.
The CO.htractor snail comply with the OSHA "FedenilRlghi to Know' Regulation regarding informing
employees oftbxlc$ubStances In. theWorkplate, providlngtralnhig, andem.ergency p(oeMutes.
Contractor must adhere to applicable environmental protection guidelines for theduratiiJn of the
Work. Tn¢ CooIl'aPtot shall comply With all code.si ordinances; t~les, orders and otfrerli!gal
requirements. of public authorities (Including .QSHA, EPA, DERM, the Town, Miami-bade County,
'State of Ffcitida},livhi¢h bear on the petformah~e·of theWork
The Contra~torshan proVide such equipment and facilities as are necessary or required, In the case
of a~Cldents, fot first aid set\(lt~ t.Q p!\r$on who may be Inj~red during the Project(s) dUration.
Article 21 LABOR AND MATERIALS
Unless ·otherwlse provided her!!lo, ContractorshalJ provide and PaY for all materials, jabor, water,
toois, equipment, light, power, transportation and other facilities· and services necessary for the
proper !!X~cutjpnahd completion of the Wark. 1\11 materials shall be.t\¢1IJ unl~ss otherwis.e speCifIed
in a Work Order.
Article 22 VEHICLES AND EQUIPMENT
10
Repair of Sidewalk Ttip Hazards Conlract No. 2014057
" J
C.ontra~tor shall haye.on hand .. at all times. cle.a.nand in good Workiqgordersuchvehicles, machinery,
tools, accessorles,and other items necessary to perform th~WorK under.this C9l1tract, The Town
maY requite thE) rellalr of replacement of equipment as rea$onal:!lynecessary.
Article 23 SUPERVISION OF THE WORK
Contr.ct(>r sha.1I halte cpmpetent Ehglishspe.l!i<ing sliperllisorwhoshall represent contractor and all
directions given to the supervisor shall be as blndin,! as it given to Contractor. ContractQr will
pr,?vide p[<)perlyJi£llnseqpersqnneliAth<;re SU,Chp~Esgnnelarf,l~E!gulredby~ny rUle".regl,l[ationsf,or
law. Contractor shall give effiCient superllision tdtheWork, using i~s bl1st skill~i1d .tten.tioh,
Article 24 SUBCONTRACTORS
Subcontracting of work underthls' Contract Is not permitted
Article 2S AUTHORITVOF THE PROJECT MANAGER
The Town Manager hereby authorizes the ProJect Manager designated in the Work Order to
determine, ali questiol\$of any.tiatur'e whatsoever arising. out of; under orin connE!.ctlon with, or In
any way relatingto aron.3ccountof.the Work,.and questions as to the interpretation of the Work to
be perforiljed ul1derth!iCQntraCtJ)Qcvmel1t$.
The Contractor shaH be bound by. all determina.tlons or orclersofthe PrOIt1ctN!anagerancj snail
promptly respond to re.quest~ of the Project Manager,lncludfng tha w.ithdrawal or modification of
any previous order, and regprdless of whether the Contract.oragrees with theProjec!Managet's
determination arrequests. W!ll!fE!reqlJeStsarei)l~de. Qrally, the ProJeCt Manage wiJIfollow UP .in
writing, as soon tlTereafter as!s. praCticable.
The Project Manager shall have authority to act on behalfofthe Tow~to the extent provided by the
Contract, unJess·otherwlse modified in writinf\ by!he Town. Allihstructions to the Contratto.r shall
t>~. is.sued .in Writing. All instructio.ns to the COl1tr~ctQishall Qe issu.edthrough the ToWn Manager,
ProJed Manager or the Procuremen! Mllnager.
Th.ePtoject Manag!!r w!IJ' ript be responsible for cpnst(Uctlon mealls,!lletljdds, techniques,
sequences. or proced~res, or for safety precautions and programs '0 conneCtion wfth the Wark,and
will not be re$Pilrlsrijle for th¢C()ritractot's fS.lIure to c.rry o.ut tM Work inac~prd,lf1ce Witht!te
Contract DO.cuments.
AII..inWpretjltiOns.ahd recommenct.ations of the Project Manager shal/.be cO.nsistent with the Intem.
of theContract Documents.
Th.e Project Manager will riot be lespblisl~le for the acts or omissions of theContrlf.ctor, any
Subcontractor, or any of their agents or employees, or any other persons performing any of the
Work.
Article 26 TOWN L1CENSES,PERMITSAND FEES
In accordance with the:publl'c Bid Disclosure Act, 211!.80,FloriqaStatutes,each' license, permit, or
fee the Contractor will have to pay the Town before or during the Work or the percentage method
.or unit methodOf~lIlicenses, permits and fees reQ4irecl by the Town .and payable to thl!. Town by
virtue oftheWork as part anhe Contract are as'follows:
1) Contrac:tor shall hilV¢ and maintain dliril1g the telinM this eootraclall appropri~te ToWn
licenses. fees for which shall be paid in. full in 'accordance with the lown's Fee structure for
such licenses, THERE WILL NOT BE ANY PEI\CENTAGE ~E[)UCTION OR WAIVING OF TOWN
LICENSE FEES.
II
Repair .. ofSidewalk Trip Hazards Contract No.2014·~7
2) During thepllrforl1'lanC~ of this Cpntract there m"'Yll~!il)"l$s whehth.e Contract.or win be.
required to obtain a ToWn permlttor suchW6rk. ltis;<1IlHesponsibllify otthe Contractorto
Insure tHathe;has~he apprCI,Prrate TQwn permits to perf(,rm such work as may becO.rne
necessary during the performance of the. Work. Any fees related to Town re9uiredpermlts in
connection With th.lsCo\ltract wi 1.1 be ttle responsibility ofihe Contractora.nd wifl be
reimbursed by the Town.
llcanses, permits, and fees that may be required bY County, .staie or Federal entitles are not
induded.lnthe·abovE! list
Artic:le 27
~Ql\tractorsh~1I pay ail appHcablesale~! consumer, use andothef taxes required by law. Contractor
is. rl!sPO~siJjle for reviewing thePet!i~e"t state statutes Involving stat~ t~~e.s ~n~ complying with aU
requirements.
Article 28 WARRANTY
All Work haveil one (l)yearwarrantyon labor from the. date of final acceplahceahd the Co.ntractor
shQII provide a .~uch wiitten warranty prior tq the.rowri issoi~g final payment.Contracw Shall
provld~a mlnlmOm written warrantyo! one (lHearOh alLequlpment, parts, or material Uhle~$ the
Work Orderspetlfies a. longer Warranty. Where the manufacturer 9f thellqllipmeni, parts, or
material proVides a warraritygreaterthan one (1) yearorthetime fratnestlpulated ina Work Order,
then t~e manuJatiMIlr's wa:rrantyterm shall ta~e prece~en~¢.Colllrac'or· sha.1I I:>erequired to
provide th.e Project Manager·.acopyof fhemanufactUrer's warranty prior lo.the Town issuing final
payrnelit.
Should the Contractor fail 10 perform any required warranty work the Town, at its sole discretion,
may have the work .peri()rmed by others, "~n~(\I:lJ!ct;s~~~costs from any monies du.etlie C9ntr~ctOr
from the Towne Where such fundnre not ilvailablli! the Town will bill the Contractor and Contractor
sha.1I reirnbursetheTown within thirty (30) ca.iendar days. The town may ta~e anyne~essary and
"ppropriaJe action provided uoderthis. Contra~t O.f with lawtQ CQlle~tsucll p~yment d\lethe Town.
Article 29 ACC:ESSroWATERAND UTILITIES
The Contractor Is reSponsible:fof providing all water and power required for the performance of tbe
Work, Includingtheuse ohgenerator. Tne use ola generator may .be subject to the prior approval
of the Town'srepresehtatM! $hol)Jo theWoJ~b.e in a primariiy rasld.!!ntial neighborhood,
The Town may at its sole discretion prol/ideacees. to Town utilities and/or water should such .be
available at the Work site. However, the Contractor I. responsible to <!scetlain the location and
accessibility of any utilities and potable water sourcesnecessary.to perform the Work.
Article 30 REMOVAL OF UNSATISFACTORY PERSONNEL
ihe iown may make written requestto the ·Contractorforthe prompt removal and replacement of
any personnel employed Qtr~t~ined (:IY the Contractor, or any :Ot Subcbm~alltoret\gaged bYtne
Contractor\o. provide andperf.orm services or Work pursuant to the requirements . .of the Contract
Documents. The Contractor shall respond to the TQwn within fiVe (5) calendar days of receipt of
such request with either the removal and replacement of such personnel or written Justification as
to whY that milY nol.o.ccUr. The TOWn sh.ali make I.he fin!!1 determinati.on as to the removal of
unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such
individual!s) does not rellulre the terminatl.on otdemQtion of said. tndlvitl!.lal(s).
12
Repair of Sidewalk Trip Hazards: Corttract No. 2014-57
!
I
I
l
!
Article 3'1 INSPECTION OF THE WORK
'fhe 'fPy.'Jl fltIatlager Of designee,other 'fOWJl representatives, and inspectors representing the town
and otner public entities having WI~dictioh Qvertne Wcjr~ sh;lllat.·!\11 tirile~ lI;ive access tolne Wpr~
to perform InsPe~iions.
Inspectors shall halle. no·authprity to permit d.eViatlons from,.·Pt to rela¥ any of the prpvisions of the
CC)ntract Dotumallts or to.delay the Work by failure to Inspect the materials and Work with
reasonablep(omptoess withQUI the written P~{rili$siQIi Qr instructlQo. of PrqJec! Manager or
ccin~Qii~nt. . ......... .. .... ... ...... .. ...... ........ . ....... ....... . .... ..... . ......... ... ..... ... .. ... ... . ... .
Aitlcle32 DEFECTIVE OR N.ON'COMPLIANT WORK
The Project Manager .shall have the allthorltyto reJecl or disapprove Work ihatis found to be
defec!iveo[ not itl compliance with the teqiiirementsQftheCo.otract. 1.1 required CPntractor shall
promPtly !lIther corre.ot a.lldefeqtive or non-compliant Work or terMve such defective Work an~
replace II With noh-defe(;.tiv~/rton-compllan! Work. Contrac.tor shall bear all direct, Indifect<l.M
consequentlal.costsof s.ueh removal or correCli.ons. .
If, within the warranty period requlreq by tile Contract Documen~s, or by any specific provision qf
theContract,anyof the Work i! fqund to be defecflveornotinaccordancewith the Contract
Doq)ments,CQntractot,atter receipt of wriU¢nnQ!ice from TO\l(ln, shall p,romptly c.orrect such
defediye or nonconforming Work. within the time specified by town without cost to Town
Arficle.33 CHANGE ORDERS
The Town reserves Hre rl~ht to order changes which may resulHn addltions!o or reductions from
the amount, fypeor valll.e of the Work shown ih the ContriitGt l!hd whiehare within the lleneral
scope of tneContrac! DocumeMs and all such changes shall be authorized only by a Change Order
approved til'advance, and issuedirl accordance with pto.visions<JfthHoWn. .'
Any changes to the' ton!ract must be contained In . il written document, executed by the both
parti~s. H.oWever; under circumsJMce5 dE!itermi~e!l ri~ces:;l!ry by 'foWn, Change Orders may be
Issued unilaterally bylown. .
ArtiCle 34 fORCE MAJEURE
Should any failure to perform on the part of Contractor be due to a condition of force majeure as
t~at term Is Interpr¢teg lIn!!er FI.orida Ijlw, then, the Town ma.yallQw a.o. e)<.tensioo of time
reasonably commensurate With the cause of such failure to perform or cure.
If the COntractor is d¢layedln performing any obligaUon untlertlie COntract Documents dUe to a
force majeure condition, the Con.tractor shall request a time extension from the Town within two (2)
working days:ofSalll t(lree majeure occu.rrence. My tim~ e~tensiQrj shall .be subject to mutual
agreement and shall not be cause for any claim by the Contraator for extra compensation un.leSs
additional :$¢rYlcesare r~q!Jjred. D!) NQt. I"du!!", inClement we.athe.rexcept as perrniuedlly F10rlqa
taw and may not Include the acts or.omlsslonsof Subcontractors;
Arficle 35 EXTENSION OF TIME
Any reference in this section to the Contractor shall be deemed to include suppliers,and permitted
,suDccmtrac;tors, Whet~er or OPt in privities of .cpntractWith the Contractor for the purpose of t.his.
article.
If theCot)tractor is delayed at anytime during th~ pfpgressof the Work beyond the Corttract Time
and/or the Work Order by the neglect or failure of the 'fawn or by a Force Majeure, then the.
13
Repa'lrofSiiJewalk l'ti~ Hazards Contract No. 2(114·57
I
.1
I·
i
CpntractTimes.et fort/1 in the Contract shall be extended. by the Town. subject to ihe following
conditions:
• Thecauseot tM delayarisesafier issuan.ce 'of the WQrkQrll,!lrMd ~Qul(l Ilothave bean
anticipated by the Contractor by reasonable Investigation before proceeding with the Work;
• The ContractOr demonstrates that the cOmpletion of the Work wiJI be actually ~nd
necessarlly,delayed)
• The effect ot such cause cannot be avoided or mitigated by the exeroise of all reasonable
precautions, efforts a~!l measures whether before .ot aftet lheoccurrence of the cause of .
delay.
AQ.lllaymeetingillithe conditions pf the above,shall bede.eme.d an E~cusabl.e [l~laY'
Contractor i.s entitled to a time extension otth.e Contracttime fi:Weach day the Workls .delayed due
to Excllsab!e [leisY, HQwever, theCOl'ltracto(shall not be errtiti~Q tp ane~t~tlSiOn of time urtless, the
Contractor affirmatively demonstrates thatitisentitled to such .extension ..
Artltle36 . CLAIMS
Any claim fora change in the Contract time for completion ·of any Work, the Contract Term, or
Contr~ct pri~eshallbe l)1ijdeby wrl!teo Mtice by Contra.ctorto the To\\(n's ProclIrement Manager
within. five [51 business days Qfthe commencement of tHeev.en! €living rjseto the claim and stating
th.~ general natW\l an'~ cause of the cI.aim. Thereafter; Wlthl~ f1v" (lHcalendar days of the
termination of.theevent.gIVing rise to the claim, Written notice of the .~j(t"ilt of the .claim with all
supportl~ginf()rmatlort ilnddocumentatlon shall be provided to the Town's Procurement Manager.
'The. written notice must be· accompanied by Contractor'swritt~i1Ii6tarliedstatemel'lt that the
adlllstlilent(s) claim~Q is t.he entire ll<!juslment to which theContracior has reason to believe. it is
entitled as a resultofthe occurrence of said event. AII.claimsand disputes shall be determined In
llc~o,rdai1ce With the COf\tr~ct. it iSl!xp(essiv and specifically agreed that any and all claims for
changestotheContract shall be waived if not submitted in strict accordan.ce. Withthereq~irements
of th.isArticle.
Failure of COIltractoftocomplywith this Articlea~t:o any partlculareiteot of cl~irnshaU be deemed
conclusively to q:>nstitute a waiver otany and aU.claims resultrngfromthat particular event.
Article 37 DiSPUTES AND MEDIATION
Contractor understands and agrees 'ihatalJ disputes. between it and the Town up'on an alleged
I(i'oh.lloo of the terms of this Contract. by the TQWi\Sh~1I be submitted for resOlution in the falloWing
manner.
Initial effort(s)$hoUld ba m.ade by the Contra~torto .resolVe any is~ueswith the Town
representative(s) It works Within in the .coordination and performance of theWork,
Should .the initial effortS aUesolU~ion hot end in a mutuaUesol\ltiOn then the Contractor notify in
writiQ{l the Town'~ Procurement Managerldenfified in Article ~(j,Notice~,of the claim or dispute
The Coritra.ctor shallsubmitits. (Uspl.lte in Wrltll'1j}, with all supp.Qrlil1g dQcvmentatlon,to the ToWn'$
Procurement Manager. IJpon'receiptofsaid notificattorrtheProcurement Manager shall review the
isst\es relative to the claim or disputeanc;l ISsu.e awritte~ findh;g~
Should the CoritractQrand the Procurement Manaaerfail to resolve. the claim or dispute the
Contractor shall submit their dispute in writing within five (5) calendar day~ of the written finding
being issued by the ProcurementManager to the Town Manager. The finding ofthe Town Manager
Shall be final ilnd binding on both !farties, svbjec! tl;> the approval.9f the Tqwn Council, if requjred.
14
Repair of,Sidewalk Trip Huiards C6litract No.' 20 14,57
Fail.ure tosul:imit'.such ~l1p~al in the st~tedtil11efra!l1¢Qf the ""fitten finding shallconstitllte
aCceptance of the findiqg by the Contractor. Upon receipt,ofsaid notification the Town Manager
shaJI review the Iss~¢s relative t9 the c1a.irn.llf (jlsp\.lte ant! !S5U.e ~ wrltt~lifinQing.
Appeal to the Town Manager for his/her resolution, is. required prior to Contractor being entitled to
seek'judiCial relief in connection therewith.
Article 38 CONTINUING THE WORK
"Contraddrsh~llcoi)tlnuetO.perforf!l,aiIWi;)rk undertheContractQllcumeritsdurjngall disputes or
disagreements with Town,iheluding disputes ordisagre.emeritsconcernlnga reqUest totaChahge
order and no work shall tiOt be delayed or postponed pending resolution of any disputes 0.'
dls~greement>;
Article 39 FRAUD AND MISREPRESENTATION
The Town may terminale this Contrad or any other contracts with the Town with any person,
Individual, corporation, entity, or affiliate that attempts tQ meet its contractual obligations with the
Town through fraud, misrepresentation ormalerial rt1isstatemelit. ,. Such person,lndlVldual,
corporation, entity, or affiliate Shilll be responsible for alldire.ctQr indire~t co~ts assoCi,ated With
termination orcancellalton;
. Articie40 CLEANING UPjTOWN'S RIGHtTOCLEAN UP
(onlrador shaliat all. tlmeskeepthe Work site(s} free fromaccumtilatloh of waste materials or
rupbish cau~e.Q b.Y:!t~. PPeratiQns. I\t the.~pmpletionofa Wprk at a' work Site.(s),·(;pntractQrshall
remove all its waste materials and rubbish ·from and about .the Pfoject(s) as' well<ls MY tools,
eq!.iIPrnent, machinery ·~nd Mplus materiaisor supplies. If C(j~tractorfailsto clean up during the
perrormanceof the Work or at the completion atthe Work, Town may.do so,ilnd the cost incurred
shall DE! ctlarged to COntractor. Any combustible wastelllaterials .must beremoveq from the. work
slte(s) ,atthe end of each day.
Shol,llC! the. contrl1ctor leave ~hY QPen trenches at ~ny tJme that Workl,s not peing performed the
Town may have the open ·trenches cOllered and deduct ·afly cosllncOrred from any outstanding
paymMts ,dUE) o( to ~ecpme due to the Contra,ctor~ tlte loWn maY alsoinvoite the Contractor for
theinclIrredcosts.
ArtiCle 41 CONTRACTOR DEFAULT
a. Event of Default
An Event ¢fDefault ("Default") shall mean a material breach of the Contract by the Contractor.
b. Notice of Default·OpportunnvtoCure
Wljerea Defaulroccurs the Town may at its sole discretion notify the Contractor, specifying the
bas'is for,such Default,arid advislnjr the Contractor thatsoch De.fa,ulf.mus~ "pe curel! within a
tjineframe specified· by the Town or the Project or the Contract with the Town maybe
terminated. The Town is. under noobligation tol$$lle 50th notificatiOn, TheTown may gra~t an
extensiOn to the 'cyre period If the Town deems it appropriate and In the best Interestofthe
Town, Without waiver of any of the ToWn's rights hereuiYder. The Town, at its sole di.creti()n,
may have ij d~fault cqrrected by Its own forces or anether contractor and any such costs
incurred will be deducted fromaoy sums'due the Cohtractor under anycontrattwith the Town,
the Town Manager or designee may also suspend any payment or partthereofor order a Work
stoppage until such time as the IsstJesconcernihg compliance ~te fesohied.
15
Repair of Sidewalk Trip Hazards: COiltract No. 2014·57
[
l r
i
I
i
I
I
i
I
I
I
I
I
i
c.. Termination for Default
W~ere a Defaljlt is not cltr¢dwlthln the tlme~p¢~ifl~d tCHuretheDefault, the To",," !y!an~gerln
addition to all remedies available by law, may Immedlati!iy, upon writtenootlceto Contractor,
ferrliin~te tnis Col\.tr~tt. Contra'tortindet~tands. and agree~ that termInation of this Contr",ct
under this Article shall not release Contrjlctor from any obligation accruing priorto the effective
date ofterminatioh.
In the event on~rmlnationby the Town Manager ordeslgnee,the Town Manager or designee
mayinirrHid)atelyt~KepossessIQiiiif ~Jr"pplli;iible doc'umenfiitjon ·~jjd data,mati!rhil,
eqUipment, and supplies to which It is .entltled tollndefthe Contract or by law~
Wh~re fhe Town erroneously terminates the Contract for default,the termihationsshall Qe
converted to a.Terrriinationfor Convenience" and the .Contractor shall have. no further recourse
of any naturefQrwrongful tertninat.iojl.
Article 42 TERMINATION FOR CONVENIENCE
The Town may at any tirne, in It55.0.le discretion, with or withoutta~se, terminate the Contract by
wrItten notice to the Contractor. Such WtittenNotlceshail state. the date upon WhIch Coritractor
shall cease ali Workllnderthe Contract.
The Contractor ~hall; upon reGeipt of such notice shall stop all work as of the specified date and take
rto·<ictIc)h thatl;h.allln¢rease. the. amounts payable bYth.~ ToWn u:nderthe Contract Docllments; and
take reasonable measures to mitigate the Town's liability under'the Contract Oocutn~nts
All docQrnents, inCluding electronic documents, rejilted to work aythQrlzed under the' Contract,
whether finished or not, must be turned ol/er to the Town. Failure to timely deliver the
documlllltatipnshall b.e cause to withholcj any payments due without recourse by Contractor until
all documentation is delivered to the Town.
Inthe event that the Townexertises its right to terrninatethe Coptract .pursuant to the Contract
Documents, the Town will determine the arnoltnto/compens3tion.l;luEi the
Article 43 TOWN MAYAVAII.ITSELF.OFALl REMEDIES
The Town may avail itself of each and every remedy stated 11'1 the Contract D.ocumenlsQr eKlsting at
I~wor iri eqUity. the exercise or tile beglnl'ltrtgof the exercise, of one remedy shall not be deemed a
walVerofthe rl~httoexeidse,atthe same time orth!ir¢after, Clf any either remedy.
Article 44. COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall .coll1p.IY with the most recell(edltions ~hdrequlrements of all applicable
JaW$, rule,regulations,colles, and. ordinances ofthe Federal governmenti the. State of Florida,
Miaml'Oade County, and the Town.
ArtlCle4S NONDISCRIMINATION. EOUAl EMpLOYMENT OPPORTUNITY. AND AMERICANS WITH
OISAlltLiTIESACT
contractor shall not unlawfqllydisc.rimlnate agaln;tany person, shall provide equal opportunities
for employment, and comply with all appllcableproylslorls of the AIJl~/lcail$wlth Disabilities Att in
its performance of\h.e Work under the Cont<l.ct. Contractor shall comply with all applicable federal,
State of Florida. Mlarnl-Dade County; and Town rulesregulation~, laWs, line! ordinance as applicable.
.Article46 INDEPENoENT CONTRACTOR
The Contractor Is engaged as anindepei'ldent business allo.agrees to perrl:lI'm Work as all
!rjdepeMent CClntracto1. I.n~~cordance with the $ta1u5 of an Independent contractor, the
16
Repair bfSidewalk Trip Hazards Contract No. 2014-~7
I r ,
! I,
I
t
Con.trsl:tof covenants ~nd, ~~ree$ that the Cowattor will cPndu.ct busineSS in. ama~~ercon5istent
with that status, that the Contractor will not Claim to be an officer or employee of the Town for .allY
rigot pr.privH~g~~~plic~ple tp ~n \lffl~eror employee 01 the Town, I(lcluljlng, but nqt Umited~l):
worker'S compensation coverage; unemployment Insurance benefits) social security coverage,
reti.rement membership~ <lr credit.
ArlicJe41 THIRD. PARTY BENEFICIARIES
Neither¢'o~tractor .n<or Town iot.ends to directly or substalhi~lly benefit a third party py ~hls
Contract.· ··Therefore,· tlii~aitiesa~r~ethaFti1erii~rehothfrdpllrty. b'metiC:lariestothls Contract
an.d that no tWd p~rty shall .be entitlecj tP assert a ~'aim qg~inSt either oUhem based upon thi.s
Contral:t.
Article 411 ASSIGNMt:NT OR SALEOFCoNlRACT
The performance.otthis Contract shall not be transferredptedged., sold, de!~B.ated or assiglied, in
wholeqr ill part, til' the CQhtract(jt lVit~i;Jutthe Priarwritten consent aHhe Town, It isundersti;Jod
that a sale oUhe majorltyofthe stocRorpartMrshlp Shares QftheCdntractor, amergllr or bulk
sale, anasslg'nment for the benefit of creditors .shall each be deemed transa'ctionsthat would
constitute .an assignment of s.ale hereunder. The Town may .rilq~est any info.ttnation it de.ems
necessary to revlew.any request for assignment. or s.ale orlhe Contract. ," "'-', ' , , --" ,
Any transference withput ToWn approval shall be cause for tn.1! Town to terminate this Contract for
cMlIl.Ilt and the contractor sha)1 have no reco!1rsefrom such termination.
Nothing herelnsbaU either restrict the right ofthe .Contract.or tih~$~igO rilonles dueto,mto becoroe
~ue orb:ecpnstrueeJ to hinder, prevent or affect any assignment by the Contractor for the benefit.o(
Its creditOrs, made pursuant toappltcable law.
Article 49 MATERIALITY AND WAIVER OFBREAGH
Town and Contractor agree that eachtequiremeht, duty,arid oblillati~hset forth lilthe CoMract
Documents Is supstantlaland ImPortant to the formation of the Contract Documents and, therefore,
.is a material terrn heredf. The Town's failure to' en.force.any proVision of theContril.ct DOCUments
shall not be deeme~a waiver <if such provision or modificatIon of the ContractDo~uments. A
waiver of any breach of a provision oftne Contract DClcumetltsshal1 not bild~emed.a Waiver of any
subsequent breach and shall not be construed to be a modification of the terms of the Contract
Doc.Umellts.
Article SO DEFENSEOFCLAIIVIS
Should any cJaim perl1'1de .. ot !lny legal actlo.llbrp~gl1tJnany way relatihg to ttli! Work llnderthe
Contract, the Co.ntractor shall diligently render to the Town any and all assistance which the Town
may requ.it~ ohi'r e Contract()r.
ArtlcleSl FUNDS AVAILAi3IL1TY
furldlog for th.is contract is contingent on\he .avallabHltyof funds and th!! Cpntrattls $lIbl~Ct to
amendment or termination due to lack offunds, reduction offunds.and/or change in regulations,
.upon thirty (30) days notice,
Article sa ACCESS TOANO REVIEW OF RECORDS
lown sball h~ve the, right to IIiSPect and cORY, ~t TQwn's eXpense, the boo~s and recon;is and
accounts of Contractor which relate in any way to the Contract. The Contractor agrees to maintain
all accountingsyslel11 that proVides for accounting recOrqs that ate 5upporteq with adequate
documentatlon,.snd adequate procedures· for determiningallowabie costs.
17
Rtpair ofSidewaU<' Trip" IJ!$nis Contract No. 2014·57
The CQntrattor shall CQrJ)ply with th.e applicabl~ PtQvisions Qf C~apter1l9" .Florlda Statutes and
Town snail havetheti~htto Immediately termhiate 'this Contract fonherefllsal by the Con\ractorto
comply with (:h~pWl19. Florill.aStatute~.The Conttactofshail re~ain all r~cordsassociated with
this Contract fOfa period of five (5) yeats from the dateofterrnlnation.
Article 53 TIME IN WHICH TO BRING.ActION AGAINST THE TOWN
In the event the Coritrado.r may bede~med to have a cause of attlon against the Town, no action
shaliliE! qr qElrn~!rtalned,by the Coniractoragainstthe t(lwnup~many clajmarisin~ out otor based
. upon the c(uifraCtOocumerlisby reason of any act or omission or n!quir.ement.of tneToWn' orrts .
~gents, unless such'actlPl)Shallbe coml11enced wl,thln six (6) months aftedhe date of issuance of a
final payme.nt under the Contra.ct, or If the .Contract Isterlnlnated.~nder the provisiOnSOftbe
CQntract uoless such action is commenced Within'six l6)monti)safter the date·ofsuch termlnatien
by the Town,
Article.54 ,CONtMoEXTENSION
the. Town reserves th.e right to exercise its. option to extend the CoWact for up te ninl!ty(90)
calendar days bey~nd the original Contract period, Inclusive of ally OtrltiOns to Renew exercised by
the Town. in $uchev,ent, the Town will.notifYtheContractoriilwrlting.Qfsu~h extensibr\s,
ArtiCle 55 APPLICABLE LAWANtl VENUe OF LITIGATION
This Contract shall be enforceable In Mia/llI'Oade Coll.h!Y, florida, aM If legalactiot\ is ne~e$sqrypy
~thet party With respect to the enforcement ofanyor all of the terms or conctitionsthesole venue
shall be MlamHl:iiide County, Florida.
Article 56 NON·EXCLUSIVE CONTRACT
It is the Intent ofthetQwn to. enter into 8. Co.ntract With all slJccElssful Bictder(s) that will siitlsfyils
needs as (jescribed herflin. However, the Town reserves the right, as deemed In its best iniecest, to
performl ?f cause to' be performed, the Work and services, .. or ~liy portion thereot. as It sfi'es fit,
indudil1gbut not limited t9,; .• ward of other contracts, .use of another contractor, or perform the
Work with Its own employees.
Article 57 SEVERABI.LjTY
h) theeveiltanVIlrovislOli of the Contract D.ocumel1ts Is determlneq 01' if Court ofcompet~l\t
jQrls~iction to be iUegalor unenforceable, then such unenforceable or unlawful provision shall be
~xciSed from this COntract, and. the rema.lnder of the Contract Do.cuments shall continue in full force
and effect. Notwithstanding the foregOing, if the 'result af the deletion of such provision wlll
materiallY and auver$eiy affect th~ rights of either party, sllch Party. may elect, .3tits option, to
terminate' the Contract in Its entirety. An election to terminate the Contra'c! based upon this
proviSion shall P~matiewithil1seN¢fi (7) tall!!ldat daysafWthe iinqlngbY the tqurt becomes fin,,),
Article 58 coNtRAct DOCUMENTSCONTAINsALLTERMs
TheColttr8.ct Documents ~Il.dal\ dopumen\s inCQrpor~t¢~ herefnoy refer¢nce cont~in~11 t~e tElrms
and conditions agreed upon by the parties hereto, and no. other agreement, oral or otherWise,
regarding the su.QJ~ct matter of the Gontract Oo(;tjment$sha'll be deeme~ to e11ist()r to tiihQ,U1y of
the parties hereto, or to vary any olthe terms. contained herein.
Article 59 ENTIRE AGREEMENT.
the Contract Documents, as they may be amended from time to. time, repre~ent the entire and
integrated Contract bEitween the Town and the eontr.ctor and superSede all pri~r negOtiaWms,
representations or agreements, written or .oral. This Contract may no! be amended, challgeq,
18
Repair of Sidewalk' Trip Hazards' Conltact No. 2014·57
modifiild, or otherWI.~e alte($d i.fi any respectt/. at any time after theexecutloh hereof, except bya
written document executed with the same. formality and equaL dignity herewith, Waiver byellher
partyof.i! PreaCh ohoy provision oftheComract Qocuments shaH not Qedl!.emeato be a waiver of
any other breach of any provision of the Contract Documents; .
19
R,epnir'QfSide,walk Trip Hazards ConiiactNo.2014·S7
l: I
I
I
f'
26SE I SUNDAY, AUGUST 23, 201S SE
""-""'" ---""-""'" ---_ .. -============================= __ =====M~i~am;tiH~e~ra~ld=.=coccm. I MIAMI HERALD
.1," ,I
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY ,,>Wen that the City Commi~sion of til .. City llf South
Miami, Florida will conduct Public H~ruing(s) at ils rcgulm City Commission
meeting scheduled for ll!e~d .. " S~ptember 1 20lS beginning al 7:0{) p.m ..
in th~ Cily Cummission Chambt:n;. 61 JO Sunset Drive. 10 "olL,icie. the full",>ing
item(.):
A R~'S<>lulion authorizing the City M~n3gcr 10 cnler into nn Tolc.l,,031
Agreement "'lIb Miami.Dade County for IT maintenance and ~llrPorl
~"er;ices for a three (3) year 'cnn, c~piring Serl~'m""r 30, 2t1lH.
authorizing tl,e City Manager 10 negotiate and enter'
Florida Sidew,lk Solutions for the Citywillc Sidewalk
Resolution for ~1l'-'(:i"l uSC approval to permit a gen=! rest'tIIlIlIt at
Sunsct Drive within the Specialty Retail "SR", Home!~WI1 Distri~t Overlay
"HD-o\ .. ·.
A Resolution appro>ing a special exception Vrll;";ng strict compliance with
the provisions of thc hometown di~triet ,,,,,,rlay parking "'q"ircments. to
locate a genera1 l"Cstanmnt at 5894 Sunset Dril"C within the Specialty Retail
"sa", Hometov.n District Ov-i:rlny "HD-OV"
A Reoolution approving a speci.l exception. to construct a 5 story Large Scale
De\-'<:\ol'lIIeDt al 6~01 Sn!lS~t Drivc witbin the TroDSil Oricnl~'d [)C"durm',"i
District Mi~ Use--5 ""TODD :rvru-5" zoning district.
,'n OTdinatlCC ~mll't1ding Chapt.".~. Artide I. Secti<m 2-2.1 (J) m change the
procedure and requirements for addressing the City Comllli"ion.
ALL interested l"'rties are i",ited to atklld and will be heard.
For furthcr information, plea.., contact the City Clerk's Oftice at:
305-663-6340.
Mmi" M. Menendez, CMe
City Clerk
NEIGHBORS
CALENDAR
• CALENDAR, FROM 14SE
graphite on a range of supports,
including -notably -slabs of traver-
tine and pieces of drywall. which
were often still in situ. They also
often frequently incorporated clear
one-point perspective and a strong
horilOn line. Novoa will be building
on these characteristics in his new
intervention/exhibition "Emptiness"
at the University of Miami's lowe Art
Museum. Aug. 2312 p.m.-4 p.m.: Aug.
25-Aug. 2910 a.m.-4 p.m.; Aug. 30 12
p.m.-4 p.m. Included in admission
University of Miami -Lowe Art
Museum 1301 Stanford Dr., Coral
Gables.
Mini·GoI1201S: International Edition
in the Robert & Marian Fewell
Gallery The Coral Gables Museum
presents a whimsical putt-putt
course in air-conditioned comfort
through the fully interactive exhibit
"Mlni-Golf 2015: International Edi-
tion." hosted in the Robert & Marian
Fewell Gallery. This year's nine-hole
course will be inspired by places
around the whole world. Each course
was designed by local architectural
and design firms. engineers, contrac-
tors and students in those dis-
ciplines. Aug. 23"-Aug. 30 Museum
admission and putting mes apply.
Coral Gables Museum 285 Aragon
Ave" Coral Gables.
IT'S GREAT TO BE A SOUTH DADE DEMOCRAT BINGO NIGHT
Saturday, August 291 h, 7: PM at Ahavat Olam
(Must be at least18 years of age.l
• Work in a looal e.lection office
• JOin grass root campaigns
• Meet local officials
• Attend SOCial events
Democrais of" South Dade' Club meets monthly throughout"the year on the third Tuesday Of the month@
UniVersalist Unitarian Gong, not sw 76 Ave. {pm. ke"-dall~hoo,com (305) 970-9134, est, 2001
CASH PRIZES AWARDED
$18,OI)EntrvFe~lnp;ludes 111 Cards & 4Spet-ial Gaifle Ciii"ds,
Hut Dugs;~hips,& Refreshments Available For fu~c:~ase,
And An Activity For The Whole Family
BOWLING
~
Students &: Teens vs Parents and Ahavat Glam Staff
at Bird Bowl, Sunday AUguSL30 Ih ; at 10 AM
S10 Per !'e-\'son llldudcs 2 1I011rs or Howling
Both Events Open to the Public and Sponsored by '* ARAVAT OLAM JIIIifI'" EVERLASTING LOVE
A Synagogue That EmbracE:!' Alljews and Interfaith Families:
10755 S.W. 112'" STREET, MIAMI, FLORIDA 33176
For Both Events, RSVP to:
(305) 412-4240 or email to: members@ahavatolam.org
MIAMI DAILY BUSINESS REVIEW
PublishedDailyexceptSaturday,Sundayand
LegalHolidays
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforethe undersigned authoritypersonally appeared
M.ZALDIVAR,whoon oath says that heor she isthe
LEGALCLERK,Legal Notices of the MiamiDaily Business
Reviewf/k/aMiamiReview,adaily (except Saturday,Sunday
andLegalHolidays)newspaper,published atMiamiinMiami-Dade
County,Florida;that the attached copy of advertisement,
beingaLegal Advertisement ofNoticeinthe matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING-SEPT.1,2015
in the XXXX Court,
was published in said newspaper in the issues of
08/21/2015
Affiant further says that the said MiamiDaily Business
Review isa newspaper published at Miamiin said Miami-Dade
County,Florida and that the said newspaper has
heretofore been continuously published in said Miami-DadeCounty,
Florida,each day (except Saturday,Sunday and LegalHolidays)
and has been entered as second class mail matter at the post
officeinMiamiin said Miami-Dade County,Florida,fora
periodof one year next preceding the firstpublicationofthe
attached copy of advertisement;and affiantfurther says that heor
she has neither paidnor promised any person,firmor corporation
any discount,rebate,commission orrefundfor the purpose
of securing this advertiserrjenyfor publication in the said
newspaper.
M.ZALDIVAFlpj&i
CITY OF SOUTH MIAMI >
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given thattheCity Commission;pjflte City Of
Smith Miami.Florida will conductPublic Hearing®St Its regular City
Commission meeting scheduled fof Tuesday.Septem&iTir2B15 be
ginning at7:00p.m.,intheCity Commission Chambers,i
Drive,to considerthe followingitem(s):
A Resolution authorizing the City Manager to enterinfo an
Interlocal Agreement with MTant'r-Dade Coti®lor XX
maintenance and support services for a three (3>year term,
expiring September30,2018.
A Resolution authorizing the City Manager to negotjiteancj enter
intoacontractwith Florida SidewalkSolutionsfor the C
A Resolutionfor special useapprovaltopermit a general
restaurantat5894 Sunset DrivewithintheSpecialtyRetail °SRB,
Hometown District Overlay "HD-OW
AResolutionapprovingaspecialexceptionwaiving strict
compliance withthe provisions ofthehometown district overlay .
parking requirements,tolocateageneral restaurant at 5894
Sunset Drive within7 the Specialty Retail °SRDf Hometown District
Overlay "HD-OV°.
AResolutionapprovingaspecialexception,toconstructa5 story
LargeScaleDevelopmentat6201Sunset Drive within the*
TransitOriented Development DistrictMixed Use-5 "TODD
MU-5nzoning district.,
An Ordinance amendingChapter2,Article I,Section 2*2.1 (J)
tochange the-procedure and requirements for addressing the
CityCommission.,,;
ALL interested partiesare invited toattend andyAl be heard.——=.-
For further information,pleasecontacttheCityClerk'sOffice
at 305-663-6340.
MariaM.Menendez,CMC
CityClerk
Pursuant to Florida Statutes 286.0105,theCity hereby advises the
public that ifa person decides to appeal any decision made by this
Board,Agency or Commission with respect toany matter considered at
its meeting or hearing,heorshe will needa record ofthe proceedings,
andthat for such purpose,affected person mayneedtoensurethata
verbatim record ofthe proceedings ismadewhich record includes the
testimonyandevidenceuponwhichtheappealistobe based.
8/21 1S-160/2474770M