9THE CITY OF PLEASANT LIVING
To:
FROM:
Via:
DATE:
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
October 20, 2015 Agenda Item No.: 9 Quentin Pough, Director of Parks & Recreation
A Resolution authorizing the City Manager to negotiate and to enter into a
contract with Tropic Landscaping & Lawn Maintenance, Inc. for field turf
renovation at Murray Park.
The City received a Community Development Block Grant ("CDBG") grant
through Miami-Dade County Public Housing and Community Development
("PHCD") for Field Turf Renovation at Murray Park. The grant agreement, in the
amount of $55,000, provides funding for the renovation of the multipurpose
athletic field. As a condition of the grant agreement, PHCD reviewed and
approved the City's solicitation prior to advertising to ensure the RFP complied
with the CDBG contract.
The City issued a Request for Proposal ("RFP") on three (3) occasions. The first
RFP was issued on May 8th and closed June 4th. The second RFP was issued on
June 19th and closed on July y'h. The City did not receive any proposals for both
solicitations.
After the second RFP, PHCD was consulted to determine next steps. PHCD
advised the City to solicit for quotations once again. PHCD also provided a
Miami-Dade County registered "turf & landscape" vendor as a source for a
quote. The City consulted with this vendor, and others, prior to posting the
third RFP to determine if vendors would consider submitting a proposal. After
reviewing the RFP draft and grant agreements, the vendor provided by PHCD
declined to bid citing the grant funding requirements as a "discouragement" for
this type of project.
The third RFP was issued on August 14th and closed on August 28 th . Three (3)
proposals were received. Tropic Landscaping and Lawn Maintenance, Inc. was
the lowest bidder and is in compliance with the terms of the RFP. City staff
scheduled a vendor interview with Tropic Landscape and Lawn Maintenance to
review their proposal and the grant requirements associated with this
solicitation on September 23'd.
All of the solicitations were advertised on the City's website, Daily Business
Review and Demand Star. Non-mandatory pre-bid meetings were scheduled for
the first two solicitations; none for the final solicitation.
THE CITY OF PLEASANT LIVING
VENDORS &
BID AMOUNT:
EXPENSE:
ACCOUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Upon commission approval of the award recommendation, the complete bid
package and related documents must be reviewed by PHCD to determine the
procurement process was open and competitive. The project is expected to be • completed within sixty (60) working days from the date of the Notice to
Proceed.
Please find below a breakdown of all submitted proposals.
VENDORS
TROPIC LANDSCAPING & LAWN MAINTENANCE, INC.
SFM SERVICES
FLORIDA CONSTRUCTION
Option A: Certified Celebration Bermuda Grass
Option B: Bahia Grass
OPTION A
$30,800
$96,000
$130,243
OPTION B
$27,800
$89,500
$121,313
The City desires to install option A, Certified Celebration Bermuda Grass, which is
an aggressively growing species that provides a dense, resilient athletic field
playing surface.
Amount not to exceed $33,880. To account for any unknown factors that may
arise, a 10% contingency over the proposal of $30,800 is requested. However,
the vendor will be issued a purchase order for an amount not to exceed $30,800.
The expenditure shall be charged to the COBG Murray Park Field account
number 120-3305-331-1000, which has a balance of $0.00 before this request
was made.
Bid Opening Report: 8/28/15
Tropic Landscaping and Lawn Maintenance, Inc. Proposal
RFP and Addendums: 8/18/15
Email Correspondence, PHCD & Procurement
PHCD Solicitation Approval Letter, dated April 30, 2015
Pre-bid Sign-in Sheets: 5/26/15; 6/26/15
Daily Business Review Advertisements: 6/4/15; 7/7/15; 8/18/15
Demand Star Solicitation Results: 6/4/14; 7/7/15; 8/28/15
Sun Biz Registration
1 RESOLUTION NO. _______ _
2
3 A Resolution authorizing the City Manager to negotiate and to enter into a contract with
4 Tropic Landscaping & Maintenance, Inc. for field turf renovation at Murray Park.
5
6 WHEREAS, the City received a Community Development Block Grant ("CDBG") grant through
7 Miami-Dade County Public Housing and Community Development ("PHCD") for field turf renovation at
8 Murray Park; and
9
1 0 WHEREAS, the grant agreement, in the amount of $55,000, provides funding for the renovation
11 of the multipurpose athletic field at Murray Park; and
12
13 WHEREAS, the City issued a Request for Proposal ("RFP") on three (3) occasions. The first RFP
14 was issued on May 8'h and closed June 4'h. The second RFP was issued on June 19'h and closed on July
15 7'h. The City did not receive any proposals for both solicitations; and
16
17 WHEREAS, the third RFP was issued on August 14'h and closed on August 28'h. Three (3)
18 proposals were received. Tropic Landscaping and Lawn Maintenance, Inc. was the lowest bidder and is
19 in compliance with the terms of the RFP; and
20
21 WHEREAS, city staff scheduled a vendor interview with Tropic Landscape and Lawn
22 Maintenance to review their proposal and the grant requirements associated with this solicitation on
23 September 23'd; and
24
25 WHEREAS, upon commission approval of the award recommendation, the complete bid package
26 and related documents must be reviewed by PHCD to determine the procurement process was open
27 and competitive.
28
29 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
30 SOUTH MIAMI, FLORIDA THAT:
31
32 Section 1. The City Manager is authorized to negotiate and to enter into an agreement with
33 Tropic Landscaping and Lawn Maintenance, Inc. for turf field renovation at Murray Park for an amount
34 not to exceed $30,800. The City Manager is authorized to expend an additional amount not to exceed
35 $3,080 in the event that any unknown conditions arise that would warrant a change order. The total
36 expenditure shall be charged to the CDBG Murray Park Field account number 120-3305-331-1000, which
37 has a balance of $0.00 before this request was made. A copy of the proposed contract and copies of all
38 backup documentation are attached.
39
40 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any
41 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
42 the validity of the remaining portions of this resolution.
43 Section 3. Effective Date. This resolution shall become effective immediately upon adoption by
44 vote of the City Commission.
45
46
47 PASSED AND ENACTED this __ day of ,2015.
48
49 ATIEST: APPROVED:
50
51
52 CITY CLERK MAYOR
53
54 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
55 LANGUAGE, LEGALITY AND Mayor Stoddard:
56 EXECUTION THEREOF Vice Mayor Harris:
57 Commissioner Edmond:
58 Commissioner Liebman:
59 Commissioner Welsh:
60 CITY ATIORNEY
BID OPENING REPORT
Bids wet~opened on:, ." . FridiJ,Y, August28,20LS .. aiter: lO;OOam
For: nFP#,PR':ZlflS/Z5 -NJuItipuruose:Field RenovaUon
COMPANIES T8A.T Stl:liMITTED PROPOSALS: AMOUN]:' ....
.. .
LFlqriqa.C()n$trUctiQU 8?,Engil),eeringlny,
2. SFM ServiCes, Inc.
.3. TtQpicLandscaping &: Lawnlvlaintenance, Inc.
OPTION A
It I?i:::>l ';X.4e. 60.
JI;<1lpl~' CO
~361~'~
I
OPTIONS
.tl.l~Jj.Bla. t:Jl'>
~ 1;f/,5CO . do
J! ~'1I1SI.:tl. 00
THE ABOvE BIDS HAVE Not BEENCHE<?l{ED,
THE BIDS ARESUBJECTTQ CORRECTION AFTER TIJE.BIDS lJAVEBJjl~N COMPLETELY REVIEWED.
Sl.alu.te'
Witn,~s:_~~~ ______ _
Prillt Nalll~ Signature
r. :i'I;':'.
Adams. Jaime
From:
Sent:
To:
Cc:
Subject:
Ok, thanks.
Steven Kulick, C.P.M.
Kulick, Steven P
Wednesday, August OS, 2015 9:01 AM
Goodson, Letitia S. (PHCD)
Korth, Jennifer; Pough, Quentin; Webster, John; Riverol, Alfredo; Pepe, Thomas F.
RE: Murray Park Field Turf RFP
Purchasing Manager/Procurement Division
City of South Miomi -6130 Sunset Drive . South Miami, FI 33143
Ph: 305/663-6339; Fox: 305/663-6346 -Email: skulick@southmiamijl.gov
.. ,~~ -.\ ~_'WlI:;f;U -----
From: Goodson, Letitia S. (PHCD) [mailto:LGOODS@miamidade.gov]
Sent: Wednesday, August 05,20158:37 AM
To: Kulick, Steven P
Ce: Korth, Jennifer; Pough, Quentin; Webster, John; Riverol, Alfredo
Subject: RE: Murray Park Field Turf RFP
Good morning,
I was informed that in addition to the one vendor listed below, you can solicit bids from at least two other
vendors. Please make sure you document how you solicit those bids and provide all the documents related to
the solicitation once you make a selection.
Thank you.
Letitia
From: Goodson, Letitia S. (PHCD)
Sent: Tuesday, August 04, 2015 12:37 PM
To: 'Kulick, Steven P'
Ce: Korth, Jennifer; Pough, Quentin; Webster, John; Riverol, Alfredo
Subject: RE: Murray Park Field Turf RFP
There was one vendor (see below) on the list that provide turf and landscape services.
Try them first. I trying to meet with my Division Director, to see if the above referenced vendor cannot
perform the services, what would be the next step.
1
Thank you.
Letitia
From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov]
Sent: Tuesday, August 04, 2015 12:12 PM
To: Goodson, Letitia S. (PHCD)
Cc: Korth, Jennifer; Pough, Quentin; Webster, John; Riverol, Alfredo
Subject: RE: Murray Park Field Turf RFP
No, the majority appear to be plumbing contractors. This project does not require plumbing work.
Thanks.
Steven Kulick, C.P.M.
Purchasing Manager/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamif/.qov
From: Goodson, Letitia S. (PHCD) [mailto:LGOODS@miamidade.gov]
Sent: Tuesday, August 04, 2015 12:08 PM
To: Kulick, Steven P
Cc: Korth, Jennifer; Pough, Quentin; Webster, John; Riverol, Alfredo
Subject: RE: Murray Park Field Turf RFP
Steven,
Have you tried to solicit a bid from the vendor from Miami-Dade County's List yet?
Thank you.
Letitia
From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov]
Sent: Monday, August 03, 2015 3:30 PM
To: Goodson, Letitia S. (PH CD)
Cc: Korth, Jennifer; Pough, Quentin; Webster, John; Riverol, Alfredo
Subject: RE: Murray Park Field Turf RFP
Letitia,
Can the City solicit vendors directly on our own; vendors who we believe can handle the project?
Thanks,
2
Steven Kulick, C.P.M.
Purchasing Manager/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamif/.qov
-~~ --",_JIIGI' ......
From: Goodson, Letitia S. (PHCD) [mailto:LGOODS@miamidade.gov]
Sent: Friday, July 31, 2015 4:39 PM
To: Kulick, Steven P
Cc: Korth, Jennifer; Pough, Quentin; Webster, John; Riverol, Alfredo
Subject: RE: Murray Park Field Turf RFP
Steven,
I was just informed that it was the only one listed for that trade.
Thank you.
Letitia
From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov]
Sent: Friday, July 31, 2015 2:51 PM
To: Goodson, Letitia S. (PHCD)
Cc: Korth, Jennifer; Pough, Quentin; Webster, John; Riverol, Alfredo
Subject: RE: Murray Park Field Turf RFP
Letitia,
With the exception of the first vendor on the listing, the majority of the vendors appear to be plumbing
contractors and/or plumbing related. Landscaping, turf management companies would appear to be more
appropriate to ensure responses to a quotation request.
Thanks,
Steven Kulick, C.P.M.
Purchasing Manager/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamif/.qov
'''''.~.' h, ... '-'·",.""" ~"""''''''''''''~ ~,. .. ~",
3
From: Goodson, Letitia S. (PHCD) [mailto:LGOODS@miamidade.gov]
Sent: Friday, July 31, 2015 1:32 PM
To: Korth, Jennifer
Cc: Kulick, Steven P
Subject: RE: Murray Park Field Turf RFP
Importance: High
Good afternoon:
Below is a list of Miami-Dade County pre-qualified contractors that could perform the services you are
requesting. The next possible step is to try to solicit bids from the contractors listed below.
• Hoover Pumping Systems Corp. NATHAN DREHER 954-971-7350 -954-975-0791
NATHAND@HOOVERPUMPING.COM (Irrigation -Bid No. IB9057)
P-Plumber Y Y ABC CONSTRUCTION 3 CFC1427728
Master INC.
P-Plumber, Y Y AI Hill Enterprise, 1 000016732
Master Corporation
P-Plumber. Y Y AmeraDrain Plumbing, 1 97P000022
Master Corp.
P-Plumber Y Y Conwell & Associates CFC1428047
Master Consulting Company
1111-
P-Plumber, Y Y Discovery Plumbing, Corp. 1 CFC1426949
Master
P-Plumber N Y DOUGLAS ORR 0 CFC052664
Master PLUMBING INC
P-Plumber, IN Y FRED MCGILVRAY INC 0 CFC032584
Master
P-Plumber N Y Gray Plumbing & 0 CFC057166
Master Mechanical, Inc.
7215 N.w. 7 Street Miami, FL 33126 8/31/2016 Active
PH: 305-663-0322 -Fax: 305-267-2403
13740 NW 19th Avenue Bay 12 Opa-9/30/2015 Active
Locka, FL 33054
PH: 305-687-9963 -Fax: (305) 681-
5566
8004 nw 154 sTREET 261 Miami 9/30/2015 Active
Lakes. FL 33016
PH: 305·826·7634· Fax: 305·826·7603
11771 SW 137 Place Miami, FL 33186 8/31/2016
PH: 305-926-5673 -Fax: 305-385-7827 1lII_
13300 SW47 St# 8/31/2016
205 Miami, FL 33175
PH: (786) 422-3205 -Fax: (888) 710-
0036
Active
Active
301 Flagler Drive Miami 8/31/2016 Active
Springs, FL 33166
PH: (305) 887-1687 -Fax: (305) 888-
0678
8690 NW 58 St Doral, FL 33166 8/31/2016 Active
PH: 305 592-5910 -Fax: 305594-0725
2440 NW 183 Street Miami 8/31/2016 Active
Gardens, FL 33056
4
P-Plumber, Y Y Haber & Sons Plumbing Inc 1 CFC057165
Master
P-Plumber, N Y LAYNE CHRISTENSEN o CFC057163
Ma~er COMPANY
P-Plumber Y Y Mar-B Plumbing 1 CFC057729
Master Corporation
P-Plumber, Y N MRC PLUMBING & 1 CFC1426253
Masler BACKFLOW INC
P-Plumber Y Y P 1 PROFESSIONAL 1 CFC1428744
Masler PLUMBING CORP
P-Plumber N Y PIPELINING o CFC1428578
Masler TECHNOLOGIES INC
P-Plumber Y Y Regosa Engineering 1 CFC1427292
Master Services, Inc
P-Plumber Y Y ROLLAN PLUMBING INC 1 CFC050550
Master
P-Plumber N Y STRONG PLUMBING LLC 0 06P000393
Master
P-Plumber N Y WILSON PLUMBING o CFC1426782
Masler SERVICES INC
PH: 305-628-0806 -Fax: 305-628-3877
4106 NW 371h 8/31/2016
Avenue Miami, FL 33142
PH: 305-461-8653 -Fax: 305-567-9976
5061 Luckett Road Fort 8/31/2016
Myers, FL 33905
PH: (239) 275-1029 -Fax: (239) 275-
1025
104 Crandon Blvd 308 Key 8/31/2016
Biscayne, FL 33149
PH: (305) 361-1039 -Fax: (305) 361-
1339
P,O, Box 833323 Miami, FL 33283 8/31/2016
PH: (305) 273-6100 -Fax: (305) 273-
6181
2372 NW 341h 8/31/2016
Street Miami, FL 33142
PH: (305) 848-7888 -Fax: (305) 397-
1381
1616 N Florida Mango Rd Suite C-8/31/2016
11 West Palm Beach, FL 33409
PH: (561) 502-0497 -Fax: (561) 296-
2497
1050 SE 51h SIreel9 Miami, FL 33010 8/31/2016
PH: 786-286-7663 -Fax: 786-206-5791
13036 SW 123 8/31/2016
Avenue Miami, FL 33186
PH: (305) 232-0130 -Fax: (305) 256-
9148
12411 SW 106 9/30/2015
STREET Miami, FL 33186
PH: 786-355-8551 -Fax: 305-595-9797
1750 N. Florida Mango Rd Suite
403 West Palm Beach, FL 33409
5
8/31/2016
Active
Active
Active
Active
Active
Active
Active
Active
Active
Active
PH: (561) 502-0497 -Fax: (561) 296-
2497
Let's hope that the City of South Miami will receive a responsive bidder from this list.
Thank you.
Letitia
From: Korth, Jennifer [mailto:JKorth@southmiamifLgov]
Sent: Friday, July 10, 2015 4:16 PM
To: Goodson, Letitia S. (PH CD)
Cc: Kulick, Steven P
Subject: FW: Murray Park Field Turf RFP
Please see the Procurement Manager Steve Kulick's email below regarding the Murray Park Field Project. The City of
South Miami has released two RFPs and has not received any proposals. At this point, releasing another RFP is not an
option, so the City is requesting guidance from PH CD on the next possible steps to get this project moving.
Please advise.
Thank you,
Jennifer E. Korth, LEED GA
Planning & Sustainability Administrator
City of South Miami
6130 Sunset Drive
Miami, FL 33143
305-668-2514 (office)
786-797-3245 (cell)
Please note: Florida has a very broad public records law. Most written communications are public records and available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure, If you feel that you are not the intended recipient, then please delete this message,
From: Kulick, Steven P
Sent: Wednesday, July 08, 2015 1:27 PM
To: Riverol, Alfredo
Cc: Webster, John; Adams, Jaime; Pough, Quentin; Korth, Jennifer; Menendez, Maria M.; Shari Kamali; Steven J.
Alexander
Subject: Murray Park Field Turf RFP
6
This project is funded by a HUD/CDBG grant, expiring September 30,2015. The RFP was issued on two
occasions. The City did not receive any proposals for both solicitations. The first RFP was issued on May 8 and
closed on June 4. The second RFP was issued on June 19 and closed on July 7. The following describes the
actions and due diligence performed by Procurement for both solicitations:
RFP Issued May 8:
After the Bid Opening, Procurement randomly contacted 12 vendors who attended the Pre-bid as well as
those that downloaded the bid documents from Demand Star (29 vendors), to inquire why a proposal was not
submitted. Five responses were received. The summary of the responses are below:
Vendors Responses
1
3
1
RFP Issued June 19:
No Bid Reason
Due to the grant requirements.
Due to workload/issues.
Did not meet the experience requirement in the RFP.
Prior to re-soliciting, Procurement reached out to reputable local turf companies and/or experts in turf
management and had those companies review the RFP Scope, visit Murray Park, if required, and provide
feedback. Most helpful in this process was a turf management expert from the University of Miami who
reviewed the RFP and scheduled a site visit to Murray Park. No issues with the solicitation or scope of services
were found. The only revision that was made to the RFP for the second solicitation was the addition of a FAQ
section which was based on previous addendums that had been issued.
Once the second solicitation was posted, a "Solicitation Has Been Advertised" email was sent to five (5) local
turf companies; one who indicated they were planning on submitting a proposal. However, that company
sent an email on July 2 indicating they did not meet the RFP requirements. A Pre-bid meeting was also held at
Murray Park; two companies were in attendance.
Both solicitations were posted on the City's website, Demand Star and, advertisements published in the Daily
Business Review.
Attachments:
• (2) Pre-bid Sign-in Sheets, dated 5/25 & 6/26
• (2) Bid Opening Reports, dated 6/4 & 7/7
• (2) Demand Star Results, dated 6/4 & 7/7
• (2) Daily Business Review Advertisements, dated 5/12 & 6/23
Steven Kulick, C.P.M.
Purchasing Manager/Procurement Division
City af South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamif/.qov
7
Public HOllsing and COrllrlltinityDevelo~ment
701 NW1.stCourt • 14th;Ploor
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Car/usA. Gimenez, Mayor
April 30,2015
Mr,. Sleven.Alsxarider
City Manager
Cily ofSOlJth Mi~rrii
61311SunselDtilie, CityHall1S\ Floor
South Miami, Florida: Sa143
mfamldadl>.gov
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Deat Mt. Alexanden
PublIo Hauslngand CortifiiOtiltyDevelGpmEll1t{pHClJ) flaS' revieWedahd approved the City' of South
Miami's (tha .Clty) request fotapproval of the propos.e.d. bid packag!l Jor tha,Murray ParR Mulll·purp.ose
Field projeo\; This fundiri!lis for theFV2.014 COmrnunilY'Development Block Granl(CO.BG) OOrltr;spt
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previollslyforwarded to tbe ClIty,
Once.the,Clty has madeitsfinat seieolionoflbe Cor\lraelllr, youmU$tpr~idelhefolfowinll documents to
PI'fCD in' order to determine' Ihattheprocuremelllproce$swas' Gipen 'and complItitiV&:
• Cpmplete bid package flom tbEl'seiected,.C,onli'actor
• Bid tallulationforaillhe proposals received bylhe Ci~y
• Recornmendationsby the {lily'a,1ifaff regardill9 seieolfol1 ofContracior
• rhe City's minule.sor resolution approvtng selectionafC'ontracier
• Cortiflc~t!l RegardinglobbY1rI!J Form ftomthe.selecledContractOl1
• Form W-9 R'equestror TallpayerJdontifieatilmNUmnerOf'fheC0r1lraetor
• Copy Qfproposedunexeculed agreement
• Copy orlhe actualbld advertisement
• Check the fol!owin9debarment USf,Uslngthe;following <site.s:
1.. https:lfwww,sam.gov/! '
2; httl!:I/www.mtarnldad8.govlbu8In8sshlmall.busrnllss.as~
Tllis Is to ensure tllatthe,setected'bidcfer ilmot debarred,suspended,.or ineligible, Printout
eo.pJE!Sllf thEl ~j(El,page tlla! indicatestbenama< andthe.,dale it,was checked.
If;yoq halle any qj;lesli9ns.orC;Ol1cerns,please:cllntacf me: aI788469'2:220,
~.~
tetiUaS. SoC)dson, proiElc\ Manager
Proje"C1 Management Unit
Enclosure
c: Alfredo RiverOI, ChiefFtnancialOfficer, Citrol South Miami
Jennifer Korlh, Grants Admhilstrator, City of South Miarni
Clarence Srown. Division Dire.ctor, F'HCD
11
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Published Daily except Saturday, Sunday and
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Before the undersigned authority personally appeared
M. ZALDIVAR, who on oath says that he or she !s the
LEGAL CLERK, Legal Notices of the Miami DailV Business
Review f/k/a Miami Review, a daily (except SaturdaY,Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County I Floridai .that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI· RFP #PR2015·13
MUlTIPURPOSE FIELD RENOVATIONS AT MURRAY PARK
in the XXXX Court,
was published in said newspaper In the issues of
0612312015
Affiant further .ays·that the sold Miami Dally Business
Review is a newspaper published at Miami in said Miami-Oade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami·Dade County,
Florida. each day (except Saturday. Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office In Miami in said Mlaml·Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement.; and affiant further says that he or
she has neither paid no, promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of secyring this advertisemen r publication 'in the said
newspaper.
• A.D. 2015
(SEAL)
M.ZALDIVAA personally known to me
o. V. FERSEVRE
NDtary PubliC· Stat. 01 Florid.
My CDmm. Expires JUI9. 2018
Comrnissit'!l:# FF 102821
)
•
MIAMI DAILY BUSINESS REVIEW
Pub~shed Daily excepf Saturday, Sunday and
. legal Holidays
Miami, Miami-Dade Counly, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE. who on oath says that he or she Is the
VICE PRESIDENT. Legal Nolices althe Miami Daily Business
. A~view tlk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Miami· Dade
County, Florida; that tho attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF SOUTf! MtAMI
RFP # PR2015-Q9
In the XXXX Court.
was published in said n~wspaperin the issues of
05/1212015
Affiant further says'thal the €laid Miami Dally Business'
Review Is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published In. said MiamlMDade County,
Florida. each day (except Saturday. Sunday and Legal Holidays)
and has been entered as second class mall matter at the post
office in Miami in ~aid Miami-Dade County, Florida, tor a
"period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, ra te, com " r refund for the purpose
of securing t a verI' ent for p blicatlon" in the said
newspape
(SEAL)
O.V. F
~--2'1/'....,. A.D. 2015
~;.'.~;:~".::;v· MERCEDES ZAI,DIVAR ./tb\. MY COMMISSION #FF029736 ~~>. EXPIRES June 20. 2011 ""'~!'~~~
07 31i18·0153 FloridaNclI Servlce.com
Member Name
Bid Number
Bid Name
603 Subscribers Notified; 28 Planholder{s) found.
Supplier Name
A2Z Sales
ALTAIR ENVIRONMENTAL GROUP
BCC Engineering, Inc.
BILTMORE CON5TRUCTION COMPANY, INC.
Brang Construction Incorporated
Cityworks Construction, LLC
Construction Journal, ltd.
CT Cultural Group
DST Sports Turf
HCr Construction Group, Inc.
Eureka Farms
F.H. Paschen, S.N. Nielsen & Associates, LLC
GreenSource Landscape & Sports Turf
H.A. Contracting Corp.
Handex Consulting & Remediation, LLC
J Durgan Associates
Jsm Services, Inc.
Landscape Service Professionals, Inc.
Lynx Construction Management, LLC
OAC Action Construction. com
Overholt Construction
Reed Construction Data
Solo Construction & Eng Co
South Florida Grassing
Sports Turf One, Inc.
Univar USA Inc.
VendorLink LLC
Venetian Creation Painting Inc
City of South Miami
RFP-PR2015-09-0-2015/5K
Multipurpose Field Renovations at Murray
Park
Address 1
400 Travis Road
710 South Milwee Street
7300 North Kendall Drive
1055 Ponce De Leon Blvd.
4300 Oak Circle
20356 NE 16 Place
400 SW 7th Street
2900 McKinley St NW
9142 se pomona st
626 N.E. 124 5T.
16700 SW 184th Street
2 South Federal Highway
4800 SW 201st Terrace
9500 N.W. 12th Street, Bay 1
1350 Orange Avenue, Suite 101
2635 SW 7th Street
Po Box 897
6115 N.W. 77th Way
45 Almeria Avenue
12540 sw 130 st
18635 SW 105 Ave
30 Technology Parkway South, Suite 100
20855 NE 16th Ave Suite C1
P.O. Box 725
9819 State Road 7
5 Steel Road East
12201 Research Parkway
1758 NW 3rd st.
City State Zip Phone Attributes
Toledo OH 11735 8007461218 1. Hispanic Owned
LONGWOOD FL 32750 4073397134 1. Small Business
-: -.'.~~ .. --_ ... _--
Miami FL 33156 3056702350
Belleair FL 33756 7275852084
Boca Raton FL 33431 5613683180 1. Small Business
Miami FL 33179 3052495885
Stuart FL 34994 8007855165
Washington DC 20015 6133555923
hobe sound FL 33455 7725468013
N.Miami FL 33161 3058917990
,,"
2. Small Business
Miami FL 33187 3052349588
Dania Beach FL 33004 3059400264
Southwest Ranches FL 33332 9543850040 1. Woman Owned
Miami FL 33172 3055919212
Winter Park FL 32789 3214419801
Boynton Beach FL 33435 5616549708
Lutz FL 33548 2398480074
1. Small Business
2. Woman Owned
Tamarac FL 33321 9547216920
Coral Gables FL 33134 3055233656
Miami FL 33186 3052566655
Miami FL 33157 3052349677
Norcross GA 30092 8009018687
1. African
Miami FL 33179 3053458600 American Owned
Hobe Sound FL 33475 7725464191 1. Small Business
Boynton Beach FL 33472 5613757808
Morrisville PA 19067 2154285529
Orlando FL 32826 4074010031 1. Small Business
Miami FL 33125 6103017749
Member Name City of South Miami
Bid Number RFP-RFP #PR2015-13-0-2015/5K
"Multipurpose Field Renovations
Bid Name at Murray Park"
4 Document{s) found for this bid
19 Planholder{s) found.
Supplier Name
ABC Construction, Inc.
Azulejo, Inc.
BOFAM CONSTRUCTION COMPANY, INC
Canyon Construction, Inc.
Construction Journal, ltd.
CT Cultural Group
Electrical Contracting Service, Inc.
Ferguson Enterprises, Inc.
Jsm Services, Inc.
link Systems llC
lynx Construction Management, llC
NYC Construction Group, Inc.
Onvia, Inc. -Content Department
QGS Development, Inc.
Rep Services Inc
SA Consultants, llC
South Florida Grassing
Tiger Sports America dba GreenFields USA
Univar USA Inc.
Address 1
7215 N.W. 7th Street
17291 NE 19th Avenue
697 N. MIAMI AVE, LOFT #3
6538 Collins Ave
400 SW 7th Street
2900 McKinley St NW
2375 West 77th Street
8008 East Sligh Avenue
Po Box 897
5870 Hummingbird Court
45 Almeria Avenue
2475 Mercer Avenue
509 Olive Way, Suite 400
17502 County Road 672
305 Allison Avenue
12550 Biscayne Blvd.
P.O. Box 725
4910 Jonesboro Rd
5 Steel Road East
City State Zip Phone Attributes
1. Hispanic Owned
2. Woman Owned
Miami FL 33126 3056630322
1. Hispanic Owned
2. Small Business
North Miami Beach FL 33162 3058954110 ,
MIAMI FL 33136 7542450102 I
1. Hispanic Owned
2. Small Business
3. Woman Owned
Miami Beach FL 33141 3057638869
Stuart FL 34994 8007855165
Washington DC 20015 6133555923
Hialeah FL 33016 3055560041
Tampa FL 33610 8136271240
Lutz FL 33548 2398480074
Titusville FL 32780 4074010031 1. Small Business
Coral Gables FL 33134 3055233656
West Palm Beach FL 33401 5612833333
Seattle WA 98101 2063739500
lithia FL 33547 8136343326
longwood FL 32750 4078319658
Miami FL 33181 3058579220 1. Woman Owned
Hobe Sound FL 33475 7725464191 1. Small Business
Union City GA 30291 4049930619
Morrisville PA 19067 2154285529
Member Name
Bid Number
Bid Name
2 Document(s) found for this bid
11 Planholder(s) found.
Supplier Name
Canyon Construction, Inc.
CMDGroup
Construction Journal, ltd.
Earth Lawn & Maintenance
Electrical Contracting Service, Inc.
Jsm Services, Inc.
Landscape Service Professionals, Inc.
Link Systems LLC
Net Connection, Inc.
Rep Services Inc
South Florida Grassing
City of South Miami
RFP-#PR2015-25-0-2015/SK
Multipurpose Field Renovations at Murray Park
Address 1
6538 Collins Ave
30 Technology Parkway South, Suite 100
400 SW 7th Street
754 SW 1st Terrace
2375 West 77th Street
Po Box 897
6115 N.w. 77th Way
5870 Hummingbird Court
2637 Queenstown Rd
305 Allison Avenue
P.O. Box 72S
City State Zip Phone Attributes
1. Hispanic Owned
2, Small Business
3. Woman Owned
Miami Beach Fl 33141 3057638869
Norcross GA 30092 8009018687
Stuart Fl 34994 8007855165
Sunrise Fl 33326 9842978793
Hialeah Fl 33016 3055560041
Lutz Fl 33548 2398480074
1. Small Business
2. Woman Owned
Tamarac Fl 33321 9547216920
Titusville Fl 32780 4074010031 1. Small Business
1. Small Business
2. Woman Owned
Birmingham Al 35210-4482 2058382995
Longwood Fl 32750 4078319658
Hobe Sound Fl 33475 7725464191 1. Small Business
Detail by Entity Name
Florida. Profit Corporation
ItROPliG LANO.!3CAPING &I.,AWNMAIN1ENANCE i INC.
Filing Information
DpQument Number
FEI/EIN Number
Date Flied
State
Status
Principal Address
17973 SW248ST
HOMESTEAD,FL .33031
Chang~: 015/0211997
Mailing Address
·O.BOX 901368 I HOMIi:STEAD, FL 33090
l¢h1mged:. 05/021191:17
SANTANA. YOLANDA
17973SW248 STREET
HOMESTEAD, FL 3~031
Addte.ss Changed: 04!09/2001
OfficerlDirector Detail
Name & Address
P
SANTANA •. YOLANDA
1.1973 S.w. 248TH STREEi
HOMESTEAO, FL 33031
Title VI"
SANTANA,DAVID
S99368
615-03.1.5410
12110/1.991
FL
ACTIVE
Page.1 of2
h1:tp;!lsearch,sunbiz.orglInq,-\iryICorporationSearchiSearchResultDetail?inq... 10/9/2015
Detail by Entity NaQ:le
78S.W; 18th RD.
Miami, FL 33129
Annu.al Reports
Rep.Q/1 Year
20.13
20.14
20.15
Filed. Date
04/04/20.13
. 0.4/24/20.14
0.4/20/20.15
D9 cymentlmages
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04/2412{)14 " •. ANN!.JACR!iPOR'-1 VreWimage In POI" f(lrml;lt
0410412013 ANNUAL ",gPRBII View Image In P.DFform1i\1 ..
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St<1!;te of florida, Departr'nl;!nl of State
.Page2of2
l1tJ;p:l!search.sUIij;,iz.~rg!lnqu1ry/Corporati6nSearch/SeatchResultDetail?inq... 10/912015
2015 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# S99368
Entity Name: TROPIC LANDSCAPING & LAWN MAINTENANCE, INC.
Current Principal Place of Business:
17973 SW 248 ST
HOMESTEAD, FL 33031
Current Mailing Address:
P.O. BOX 901368
HOMESTEAD, FL 33090 ·US
FEI Number: 65.(1315410
Name and Address of Current Registered Agent:
SANTANA, YOLANOA
17973 SW 248 STREET
HOMESTEAD, FL 33031 US
FILED
Apr 20, 2015
Secretary of State
CC7344265316
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent. or both, in the State of Florida.
SiGNATURE:
~E~I.~c=Uo~n~IC~S~lg~n=a~ru=~-o~I~R~~~I.~t.-r-ed~A~g-e~nt~--------------------------------------~O~a~~~--
Officer/Director Detail :
TItle
Name
Add~.
P
SANTANA, YOLANOA
17973 S.W. 248TH STREET
Clty-State-Zlp: HOMESTEAD FL 33031
Title
Name
Addres.
VP
SANTANA, DAVID
78 S.W. 18TH RD.
Clty-State-Zlp: MIAMI FL 33129
I hM/by Cflrtify that /he Infotmstiotl indicated on this fflpott or lSupplermmtal tepolt Is Insa and BCCUlllte and the' my e/et:lmnic signature aha" have the sameiegal effeclasll made under
oath; /hal I am ,n of/k;er or director of Uw coIpOllltJon or IhfI receiver or trustee empoWfltfld to eXlicule Ihls Rlport a5 RlquJred by Chsp/er fi()l, Florida Statutes; Gnd that my name 8ppeBfS
above. or DII an attachment wIIIr a/I oIhsr like empowered.
SIGNATURE: YOLANDA SANTANA PRESIDENT 04/20/2015
ElocUonlc Signature 01 Signing Officer/Director Detail D.~
EXHIBIT 3
"MultipurpoJe Field Renovations at Murray Park"
RFP #PR201.5."lS
CONSTRUCTION
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
St¢venAlexander
City Manager
Cityol South Mi(tmi
6130;Sun,<;t Ddve
S<)uthMtamK FL33.1·43
Tropic lands~ping&
lawn Mainten.nce, Inc.
17973 S.W. 248th St.
Homest!tad, Florid;! 33031
(30S) 2'15-4.144
I, If thjs Pro!>o',1 is ll<'cept~d. the undersigned Respondent agreeSto enter into a Contract with the Cit)' of
South Miami in theJorm included in this RFP Pack"!!,, and to perform and furni.h all work as spe<lfred o.r
indicated in this Rrp. including.as set lorth In Exit/btl I (Scope of Se!'Vices) .fQr the Proposed Pr.i<e a •
• et forth. below. within the. Contract Time and in aCCQrdan.ce With the othenerm. and conditions· of the
RfPPacka~;
2. Resp<)n<jen( ~c~pts.1I olthe terms and cenditlons oftheSolicitatk,nand liis1:r'I!ction.to Respondents.
Including wlll'!)ut limltatlort·th".e dealing with the disposition of Pro po sail Bid Bond, if required. This
Proposal will rema.in subject to acceptance fOr 180 calendar days alter the day of the Proposal Opening,
The Re~pondent. by signing and submitting this prQPoJaI •. agrees to al1.of·the,.termund condltions.of the
formo! contract that isa part"f th\! .RFP'pack,,!!e with.'ppr"pri"te ch.nps·to.conrorrn to the
ihfornl;lt\on contai.ned Iii this Bid F<)rm. Respondent apes to sign Il.nd submit .. the EI.ondt II requireij ~y
this RFI',r""ulred insur.nce docuriu'n,.;..nd other document, required bytheRFP, iricludingtile
Contract.!!n"t aireadysubmltted. within ten (10). «uendar days alter tile date of·the City's Notice of
Award.
3, in submitting this Propos.I, Respondent repre.""ts that:
a. Respondent has examined copies of ail the RFP Do.cumentsand of the fpllowingJ';ddendl\, ifany (receipt
orallwhich is herebyacknowiedged.)
Addendum No. l Dated:
b!. ReS;'p:ond~"~ has'-famiJiar_i%~d himself with the ~~v:~~':4l1,d e~~nt. ,ohbe Co_otract DQc;~ents. ,the propose4
work, sl~¢i localit)') and ail local conditfdn~, .n9, law',:.and r~gulad';~s \li •• I~' i\I'ly n\annerm~y "lfe.tt cos~
progress, perform.nce or furnishlngo!th. WQrk,
o. Subsurface conditi,,"., If applital1luo,.this Rfl'; the Respondent rellreseOI:l1!hat:
i. Respondent has.studjed .o.rrifUlly ali reports and drawi.ngs. il,i1ppllcabl~.of sUbsurface c.onditions. and
drawings of phYSltal. conditions; .
iI. Respondent has obtained and carefully. studied (o~assum!,s responsibility forol!tainlJ\g and carefully
stUdying) ail such examinations. Investigations. expiorations, tesl:l andatudl". in addition to or to
supplement, those referred to .in this paragraph which pertain to the .ubsurfaceor physioil conditiQn.
at the site· Qr otl'lerwise--ma,Y' affect the cost, pro~s$., p.eriormance, br-'the furniSHing of the Work at
the Contract Price. within the Contract Time and·in.accordancewtth the, other terms and conditions
cif the Contract Do~urn~ot •. Th~ Respondent hereby acilhpwl~dgeJ; that.no 'dditIQn~1 .e1O!mi na.tions.
investigations" exp,l~ra~(;)~s. testS', reports or siJT)iIar 'il"iforrnati91'1 or data ar~, or will. be reqUired by
Respondent for any' ~ea50n In connect,on With the Proposal. Thdailure of the Respondent to request
a pre-bid marking <i{-theconstruction site by-any or all utility companies shall create an·irrefutabie
presumption that the Respondent's bid. or p,opo.sal price, has taken into consideration all possible
undergrpund conditions. and Respondent,; if aw •. rdedthe contract; shall not. be entltle<;lto a change
Qrder for any such condition disc<>vered .therealter.
iii. Respondent has oprrelaced the results of a!i such observ.tions, examinations. inveStigati"ns.
expiotati'c)n's. tests. rep'orts'.and studies with me,tel"rhS and conditions-oftha: Contract Documents:
iv. Respondent has revllMl.d and checked. all informadon and data shoWn er indicated in the RFP
Packag~ orin the C';>ntraCt Documents with respect to ~!ting Unclergr<>und Facilities or conditions
>tor coiltig\Jous to the site and assumes respo.nsihility fot'the accUrate location of.1I Undel"gfound
Facilities and conditiOns' that may affect the Work. No additional examinations. investigations.
exp!ora\1ons. tests. reportS or similar information or data iii respec;tta any Underground Facilities",
conditions are. or will be, required by Respond¢nt in ordet to perform and· furnish the Work··it t~e
Contract Price, within the Contract Time and in accordionce with the other terms and canditi,,", of
the Contract Documents unJess the Proposal specifically states thanhe contract. price io subject to
adjustment for fUWf¢ discovery 0(' underground facilitles·andlor conditions that affect the cost of the
Work and unless the respondent makes' a written request to the City for additional information
prior to submlttihg'thebld or proposal .. required in subsectlon II above;
d. Respondent has given the City written notice of all conflicts. e<rars or dis~repancie. thatil; has
discovered In the Contract Oo.cumentsand.if any cpnlli~. errors or discrepancies have been found
and notice given. the ReSpondent .. rep.esern:~. by submitting itS proposal. to the Ci\'.j'. that tke
Respondel!t ha,s:.,rec,etY~ 5vffici,e'nt notice, 0:1 the res:OItitiotl thereof from: the Cityl that suc;h res'olution
I~ .• ccep>abl¢ to' Respofident and that the Respondentw.iv", any claim regarding the conllictS. errors or
discrepancfes. .
e; rbis Proposal is genu in. and not made in the interest of or on .. behalf ,!)f any undisclosl'd person, ffrm or
corporation and I~ not submitted pursuant to any agreement or rules of any group, aSSOciation,
organization, or corporation; Respondent has not directly or indirecdy Induceaor solicited any other
Respondent to submit a false Or sham !'ropasal; Respondent has, not solicited or induced any person.
firm or corporatiOn to tefrain ftom responding; and Respondent h..na.t sougbt by collusion or
otherwise to obtain !aritselfanyadvantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that th .. C'lOtractPrice is. the amount thaI' it needs, to furnish and iristall
all of the Work complete and in plac,!-The SchaduJeof Values. if r<lq~ir~d. 1$ prOVided for thepurpoS<! of
ProJ)asal Evaluation and when Injtiated by the CITY.ltshilll form the b .. iS fill' oalculatiilgehe pricinll"f chan~e
orders. The Contract Prke:'shall hot be, adjusted in any-way so as-tO result in"a deviation_from (he"Schedule' of
Values. except to the extent tbat the CITY changes the Scope qfth. Work after the Contract Date. As such •.
the Respondent shall furnISh all laQor. materl~ls. equipmel1t, rool~; superintendence and Services neceSsary to
pr<;lvide a C<;lmplete.in place,Prajectl"r the Proposal ~ric. of:
LUMP.$UM BASE PRICE;
Option A, refer to El<hibit I,
ScopeofServic;e.: $T~ .... "V"t Y';<lI.)SANg 15\G:wr I:\\;W,b2Et)
$ dollars and cents 90
LUMP SUM BASE PR1CE;
Optfon. B, refer to Exhibit. I,
Scope afS¢l'Vices: $\"""y.,\FN't"1 -SEllEN 't\o\CII.)S'AHl'> ~\CWC \-WtUMfi;'I)
00
Alternates:
A fee breakdown .. ilapplicabJe. for 'lath task must be completed in. the. tab(e.shown above .. Failure to
complete this information shall.render ,hEl proposal non"responsive.
5. Th. ENTIRE WO.RK shaU ,be complet.d. in full. within 60 world!!1 dap from the commencement date
set forth in the NOTICE TO PROCEED. FaRur. to complete the entire work during the deSC.rlbed time
period shall result in the assessment.ofliquidated damagesa. may beset fOrth in the Contract,
6. Insert the following informaticnfor fUture communication with youconcerriingthis Proposal:
49
7. The terms used in this Proposal which are defined In t~e Contract ,hall have the same me.ning as is
assigned to tnemlnthe Contract Documents, unlessspeClfil::aily defined in this RFP Package.
S. BysubmittilJg thi'proposal, J, 0." b!!halfofthe business that frepresent,hereby agree 1;0 th'.terms of the
form of contract contained in the RFP package and I agree tope bound by those terms, with any
appropriate blank boxes, if any, checked and ~ny blank lines flfle<t in with the appropriate information
cO.ntalned in the Solidtatlon Documents •. nd this Proposal, or such info~mation that. the City and f haVe
agr<letl upon in the course of contratt negoQations and which have been confii'lned· by the City., In writing;
ind4ding e.-mail confirmation, ilany,
SlJBMITTE'o THIS DAY OF _.:;,IJ..:.,l):::. . .;:(J..::US':.;:. ':...:c1"~ ___ 20 ... ,S".
PROPOSAL SU.~.MITT.ED BY,
Fax Number
J1A'PIC WI\\> (g) GMBI k. ~
Email Addres.s
Title
END Of'SECTION
50
ADDE;NDUM No. #1
Proje~t Name: Multipurpose Field Renovations at Murray Park
RFPNO. PR2(lIS-2S
Date: August 21, 20 I 5
Sent: FaxJE.mallfWebpage
This a:ddend~m submission is issued to clarify, supplement and/o~ modify the previously issued
Solicitation,and is !te~y made part of .tne Documents. All requirements. of the Documents not
modified herein shall remain in full force and effect· as origina,lIy set forth. It shall be tne sol~
responsibility of the i:lidder till secure AddendUmsthat may be issued for a specific soli<:itation.
gueuion#!:
CQulq YGU please provide a cross sectipnfor both Gptions and specs for the material that we halle to
install under Bermuda socl!
Answer to Question #1:
For both options. 80/20 mix topsoil with #70 trap Si\nd Gn top.
Question #2:
Will thllexistinll eillvadonsof the field remain?
AnSwer to Questign #1:
As per the. scope. the existing field shall be laser graded for proper elevation of an athlecidsports fielq.
Q UeJtio o#3:
Do you know what type Qf topsoil ison the field now!
Answer to Question #3:
The topsoil currently on thei/eld is 80/20 mix topsoil.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FORA SPECIFICSOUCITATION.
Pag, 1 of!
Proposa.l Submittal Checklist Form
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 IS·U
This checklist inqicates the forms .and documents required to be submitted for this solicitlltion and to be presented
by the deadline Set for within the solicitation. Fulfillment of all solicitatiOn requirements listed is mandatory for
cOnsideratiptj of resp.on$e to the sOlicltlItion. Additional documents may h.e reqOiredMd, if so, they will be
ide~tifiedin an addendum tathisJ~FP. The response shall include !:he following items:
Attachments and Other Documents deSCribed below Check
to be Cornp'eted
IF MARKED WITH AN "X": Completed.
x Indemnffieatlan and Insurance bocuments. EXHIBIT 2.,
__ X__ Bid Farm See EXHIBIT 3
---CDBG Requh·ements. (EXHIBIT 4 "Attachment A To Bid
Pack<JII"" f
Signed 'eontract Documents (All -including General Conditions
__ X_.. and Supplementllry <::ondltions if attached) EXHIBIT S, 6 &7
x __ --Respol1dents Qualification StlItement
x ___ .... List of P~opo.ed Sub.;ontractors and P~incipal Supplier<
Non-Coltusion Affidavit --x ____ 'PUblic. Entity Crime; and ConflictS. Qf Interest
__ x __ Drug Free. Workplace
__ x_ •. _~ AcIq}ow!edgement of Conformance with OSHA S\llndards
x ____ Affidavit Concerning. Federal & State Vendor ListingS
x ____ Related Party Transaction Verification Form
x ____ Presentati,m Team D'eciaratlc>nIAffidavit of Representlltibri
./
7
./
Submit this checklist along with yaurpropos.1 indicating the completion and.submission of each required forms
and/or documents.
END OF SECTION
II
SAHIf'LE
CERTIFICATE OF LIABILITY INSURANCE
x X lwPP'1393'16800
CaraConIltruction Services of
t:'Ioridli. LLC
8!n7 Cooper Creek Ellvd ate 110
UniWf8lty Plric,FL 34261
A~iIt ...
ACCJRD :*' (2111<1101) The ACORD nama and IIIgo are regfll8red matka.of ACORD
the. " " ,he",er lsa!.. ~rtI".~~ I on thlo I IS :_'t:~: .. ,~ '~~~'nlle"~~~ . -I~' ~~.~~~~==~~~~ Compup~y Insurance Services, Inc. ~ (605) 477·1700 I r~.""", (305)
1401 Forum W<iY Ste.~5o~o~~ __ .~ ________ J~~;0i~il~;~~~~~~~i~~j West Pa.lm Beach, FL 33401 ~ NMC.
IgaflEIid 10701
11~;;;b LandsCapinQ & Lawn Malntenenance ,"
11973 SW;l~alt1 81 .
Homestead, FL 33031·1801
,
•....• _11 A .
I . .
~ ,"",.
SOP'"
I.,
,""",,,,,,,Is
I' "'M" I'
i'
~~ ""V>" """ """ ,XHfZT",. I r~k'
In "''''' .... _ ..
I •. L.
-, .' '. . ' •. ' , . '. Vb"~
Item 3. A.; Warkers CompenS~llon rnsurance applies to the Wor~ersCompensation Law of the states /fsted here! Florfda
Job; BIO-#066-2.r;lQ-1.2/LlJL
City alMiaml. Beach
11QO Convention Center Dr
Miemi B'lach, FL 33.139'-1819
,
ACORO 25 (2014101)
SHOULO ANY OF TtfE ABOVf!.DE$CRIBEO POLICIES aECANCELLED-BEFORE
THE E·JC:P1RATION DATE THEREOF, NQTlCE WILJ... BE DEI.IVERED IN
ACCOROl'.NCE WITH ~E,PQj.tCY PROVISroNS.
Carol Sipe
.. ~". All
The ACORI)-name and fogo are: reQfste;red:marks of ACORD
RESPONDENT QUALIFICATION STATEMENT
"Multipurpose Field Renoyations at Murray Park"
RFPtlPR%OI5,:U
The response to thiS questionnaire .nall be utilizeel as part of the CITY'S "verali Proposal Evaluation and
RESPONDENT , .. Iectron.
I. Number of similar construction projects completed,
aj In the past. 5 years
In .the past S yea .. On Schedule
b) In the past 10 years
In the past 10 years On Sche"ule
2. List.the.last three (3) completed similar projects.
.J
b)
Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Oily.):
Original Contr,act Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actu.a1 Final Conttact Price:
Project Name:
Owner Name:
OWner Addres.s:
Owner Telephone:
Or!glnal C''"ttact Completion Time
(Da~).:
Original Contrad Completion Date:
Actual Final Contract CompletiOn
Date:
Original Concract Price:
Actual Final Contract Price
12
8
NIA
cj Prolect Name:
O\ii!ner Name:
aw"",. Address:
Owner Tetephone:
Original Contract Completion Time
(D.ys);
O~iginat Contract. Compl.etlon Date:
Actual Final Contract Completion
Date:
Origin.1 Contract Price:
Actual Final Contract Price:
3. Curren.t workload
4. The following Information shall be attached to me proposal.
0) RESPQNDeNT's home·off\ceorganizatiOn chart.
b) RESPONDENTs proposed project organizational chart.
c) R.esumes· of proposed key-project: personnel, jncl\Jding,an~site Superintend~nt.
5. List and describe.any:
13
Tropir umd~caping& Lawn Maintenance.Inc
17973(~W 24&\11 street
HomeSl~~d. F1orida,330S~
Emplo.yees & qtlicers Jab Description
Yolanda Santana
David Santana
Joann Sharpe
LeAnne Selle
Anibal Iba.nez
Isabel Cl;UZ
Isael Cruz
President -Adrnini$ter & Inside Sales
Vice Presicl.ent -Outside Sales &: Project Superintendent
Office Manager -Inside Sales
Project Manager
Certified Arborist
Job !1'orefua.n I Operator
Lead Labor/ Operator
YOLANDA SANTANA
17973 S.W. 248TH STREET
HOMESTEAD, FLORIDA 33031
RESUME
I am the President, founder, owner, and CEO of
Tropic Landscaping & Lawn Maintenance, Inc since
1989.
I develop and maintain the company vision. I oversee
all area and company departments. I approve of aU
financial obligations for the company.. I seek business
opportunities and strategies alliances with other
Construction Companies and Developers. I plan~
develop and establish policies and objectives of the
business organization.
1 hold a degree in Education (1954) from Escuela
Normal de Havana, Cuba.
DAVID SANTANA
18370 S.W.292TH STREET
HOMESTEAD, FLOlUDA33030
RESUME
I am the Vice President, Operation Manager of Tropic
Landscaping & Lawn Maintenance, Inc.
I oversee all operations of production from the initial
bidding process of all projects until the last detail is
completed with the upmost quality and satisfaction.
Implementation of scheduling, work produces of
complete reporting process to ensure results that meet
the high standard of Tropic Landscaping.
I have been in the la,ndscapeconstruction and
maintenance industry for more than 30 years. I
learned by ~hands on' all aspect of the trade.
I hold a degree in Business Administration with a
major in Finance from the. University of Miami.
LeAnne
1733 N .16'1> CoWl H9Uywood, FL , 33(lZO
CE~L (2131598,2969 " E-MAIL leannebeile@gmail.com
, "',,',","
OB.JECTlltE
To attain a land$cape deslgner!projectmanagllrposltr.;m; seeking t.ocQntrjbute my leadership,
de$ignaptitude, organi~at;on skills; communication and relations ability and knowleQge of
digital technology with the oppoftunilyforgrowth andadvanc<lment.
Self'motivated,dedlC9tec;l, orglihi~ed, and detail oriented work ethic
Adept with te:am s'i'ttlngsandgroup tas.k delegationl e~ec~tion.
El<tensive experience with client interacti"ns an~Hnterpersonal relatiops ..
• . Proficienxy i!1,m ulti-taski n,g and problem'solvln.gWithin fas(.pacelierlVironments.
, intensive studyanct pr""tlce of multiplearHorms, design and media.
, Twenty + years experience with irlt.ern.;!lio"al travel andciiMt dynamics,
£.DUC.AHQIII
BachelDr of SOlell.e 1n LandlicapeArohetecture
Ca/lforniaState Polytechnic.UniversJty,Pomona CA
2()1,
.Associate in Am
Santa'MonicaCollege, Los angel .. s, CA
200S
Genera!Ed\l<;l\tiim
Oakal!) Coliege, Atlanta,GA
University of N.orth Florida, jachonvtlle, FL
Micrqsqft OffiCE!'. War>!, Excel, Power Point
Adob.ellultes: Pllotoshop, Illustrator, InDesign, Premier
IWork: Pages, Keynote, Numbers (Machintosh platform officeapplicatlQns)
AutoO!>s!! APplications' AutoCAD,Sketchbook Pro
3D Modeling Appllc8,tlan: SketchUp
Rendering APplications: SU Podium
Landsqap!! Daslglier/PrQject Manager-T'Qpic Lancjscape & lIIul'5l!ry
Execution and design Qf cpnc!'ptual site ren<;\erlngs, presentations anc:lconcept boards as. well as
20 an.Q. 3051\e drawings; including planting, irtigatlon,Ugtlti/lgahd det.iI drawings. Responsible
foron"sit. crew maMgementand coordination. Responsible for !;oordlnation with city project
l11anag.ers,.lnspectors and coordinators. liason with client, vendors and design team.
10/14 tQ Present
Office Manager'" SplneafY.lnct"
RespOlJsi~l~for'thegenefl!l ~,,(jdalry operations of al'l Independent spinal device dfstrl\:lutipn
offlc~. outles.lncluded invoicing and tracking of equipmentfora vari~ty of vendors, tracklhl! and
updates of representative compliance credentials, cordlnatlon anc!communlcatlon betwee"
hosPital, vendors lind representatives. Duties .Isa includeqpurchaslng, Payroll, forms and
records management. 9/13-1/15
Lam!scaPe Designer/Protect Managef -$tl)UH1eslgn Bllild
Execution and design of conceptual site renderings, presentations and concept Qoards aswelFas
20 and ;jPslte dr;lwings;.lndudlng,planting, krig.tlpn, lighting, c(!ln.struct.ionand detail drawings,
Rlisponsible for.(m~site,.nd m,linten$nce crew management and coordination. ReSPl)nslbh!'fot
sourcing .. SelectIPh,dr~¢~intbpqrchaseanddelivery of dllsign. anp plant It)aterial •. DMtie. a.I •. o
Iri.~I~de pudgetprep.eratlon, organization an!:i'maiil~ena:nc<i\ oMffi,e files, library, and feference
materials. Served a.s.llasl:>nbetween ~Uent, vendors and'iead designers,. !l/2Q12"9/ZQU
Landscape Design Asslsfant • Rlchie"l'Iray Lal1dsc",Pfl Architecture
Exec~tion ofconceptUa'site renderlr)Bsand present1ltiQnsas.weif as 2DanQ. 3D .sitedrawlngs,
Including planting, irrigation, lighting'illld cQrlstrilctJon plans. Prepared canstructjQO drawings lor
city in.pection. As.sistlld in c<lncept board image research, layallt ang .preparation. 6-9/2011
Landscape Design Assistant· Beau De Jardh\. Garden Design
Execut.loo pf ~ClocePtllalsile'renderi~gsand"presenfati'''ns as well as ~D and 3D site drawings,
inclodll'll! pl~nting, irril!.atlonand lighting plans. ReSponsillle for sourcing and order'rng design
.and plantmaterla/s. Dutiesalsq included orgllnizatlpn and maintenance of office flles,llbrary,
and ref!)renee materialS. Served as Hason between clientvl'odors and/ead deSigner. 6-9/2010
Proprietor/Partner -UnderwQrnanWorld, LLC.
Partner in the Inception and execution of noshow. nipple.concealers to market. Duties included
Inception and design of all marke~lng,materials, lo~os and, packaging, R!)sponslbl" for technical
productiqnand design of praduct as well as production tlmel/nes. lead figure in trade show
coordination and m!lrket!(lg,. 20QS."<ZOO~'
Produeer/CODrdinator -Variousfvents
"Summer Splash -2004" Pulfillmeflt fund, "SOllY Play Station E3"" Sho.ut. CreatiVe, "Great Balls
of fire" " SirenS SOciety, "SummetX Games" -ESPN (stan (o-ordlnator), "Everything jack" 10
year aniversaryfor Jack-fo-th~"8Q)(" Trilogy Proquetions,"Whlte Light Wh.lte Night" Walk With
Sally
Duties included event coordination and eXecution, venue logistics, silent auction production.
theme design, media iilception .. Additional duties im;luded staff management. 2002-2009
a) B;inkN~~Y pe~itions filed by or against the Respon(!ent'oral)y preQeces$()r organizations,
. /I.J,/A
Any arbitration or cIVIl Or crlmini!l proceel'llngs, or MfA b).
Suspension of contraCts or debarring from Bidding or Responding by any public agencybrough't
against the. Respondent in the lastftve (5) years Nit*' . . oj
6. GovernmentReferences:
List other Government Agencies or .Quasi,government Agen"ie, for which yo.o h"V¢done:~uslne,s within
the pa$t five (5) years.
NlltI'le' IJf Agency:
Address:
T .Iephone No.:
C"mtact Person:
Type. of Proiect:
Nl\tI'Ie .of Agenqr.
Addre$$:
Telephone No.:
Cohtact Herson:
TypeofProjecc
Name of AgencY:
Address:
Telephone No.:
Contact' Pe'rson:
Type of Prqjecc
$l!luN@+-\..'$r~N!:C'Il!PI'lCiQ
C\ '1::"l' OS; \O¢,ce. '.~
~Q\ ~_\ Pl!'1\WE!"Z ¥1AI2.\4 U
fBOC61?Aj:6!!lj ~b 33"ll~
\Oii>CW'A!Q ti . c.o""@I'1' ~\!:!!t'X'f CO)!I$E;
'1\%5 e .!.-... '$ OlM. )31)1.1)
S?'1. I.A:v~!W\l."IPL. ~3Q I
eS!:i) "2Gp 'SII
14
LIST OF PROPO$E!O$UB¢ONTRACTORS AND PR'N¢'P~L, $UPPUERS
"Mul~lpurpos"FieldReno"ation. at M~rray P!ltW'
RFP .#I'R20 I $;25 .
p,esp'1nden~ .halilist aJlpl'Op".sedsu~"'n1I'ictQrs, If,ubcQntraotQrsare·allowed by theterm~of this. ~FPt" be
II h' j 'f h d <Ih C;
ClassIficatIOn of Worl( Subcontractor Naflle Address Telephone, Fax &
Elnal!
Land.cipe
S9ddlo~.~nd TurfWi>rk
Electrical
Irrigation
Palling
Park Amen!t;,,$ f\
Graph;c. . "'x'
.<
UtilitiflS \
Excavation ~ \
Building '\
Structures
Plumbing
Painting
Testing Laboratory ,
Soli Fumigator
Signs
Qther;
This 11., shalrbero~ided ,,,.theeit of South Miami b thea arentiOwest res. <lMiv .• and resonsible Bidder p y y pp
within ~ve (5) business days alter Bid Openln?,
END OF SECTION
p
IS
NON C:OL.LUSION AFFIDAVIT
STATE OF F~OruDA
C.OUNTY OF MfAMf'DADE
_v.!..··d.""'·I.J!jA~M=f)""8t-...!S."'·"'it'jI.,.;V"'· :.J"'''''. 2i~"",,:.4,,-______ bolng first duly syvorn, dl'Poses and states that:
(f)
(2)
(3:)
(4)
(5)
He/SheiThey is/arethe. .AI?FSIi)IQY7:" qJ:!" m~/e.l.,q,.AJI)If(:'4PljJC
(Owner, Parmer, .officer, Represe01;a,lv<\ orAge!1~) of
... l",A~W""1':p~.,I2M<;!. ·.:a'll;:t."",AlJ._ifN"",II .. I.1", . .1oC",E'L.· 1-1 -,,~'M::;,':=C.!.', ___ ihe Respondent that has subr\1llted the
a\tached Pr$posal:.
HeiSheiTheyi,i.rei ("UyinflMned .concerning the' j)'reparatioo and cont"lIl;> Q.f#l~ attaChecj PrQPosal'
and Qf aU,perdnentCircumstlinces ,oncernlngsuen Proposal:
SU~h prpposaL!sgenulne and Is riOt a collusive or sham Proposal;
N.~Itner' the; said: fte~pondant nor -any. of its offi'¢e.r&, p'~n:.n~,r$~ Qwners, agents. representa~M~s.
employee, or parties In interest, includloll this affian~ have ill any way colluded. conspired. cQnnived
or .agreed, dir<laly or Indiree;ly. with anY oth.rRo'pemden!;; firm, or penOn to $ub.mlt 3 co.lluslve Or
sham Proposal In (onnoetion I'Ilth the Work Jor.whl.ch .the. attach<ld Proposal ft~ been SUbmitted; or
to refrain 'fr"lm Bidding or proposing in connecp<>n yvlth •. ueh Work; or l1ave in any manner. directly
gr inQirectly, so,u.l~ht by -agreement pr j:QU,~S"(lO" ~f c~rnmuni£atlon, ot cdhfereoc~ WI~h any
Resp9n4en\;. firm. or person to 6x any overhead. pr<!>I\~,<rI'r'cQ1it. elements. of the Proposal or Qf any
other Resp<:>MIl!lt;or to fi" any overhead,. profit, or COSt eieme"tjr "f;.thoPropos.,Prlco or tl1~,
Proposal Price of:'aQi'¢tMr Respondent; or to ,ecure through'any co!lu,;on, c(1nspiracy. connlvanc •• ,
or unl.wIilL."l!reen1i,nt any advantagellg1llnst (R ... ipient),or any p.""'n interested. in the proposed
Wbrk;
Th •. pri¢ear prlc;e.quoted In the attached Proposal ~r.',lalr and proper and.r. not tainted .by any
coUusion'. coosplracYi connivan(:~. c;,:r .... unlawfol agreement on the part. of th.e Respondent or-any other
ofi.ts agents, representatives, owri¢rs, employees or parties oflnterest,.includingthls affiant.
Signed. sealell and delivered in the. presence of, ~~.-.~
STATE OF FLORIDA
COUNTY OF MIAMI~OADE
Signature ~-?'\'
l(OLA 1(J»,4 5~n.) 7?riJ/-/
Print Name and tde
Ooth.ls tb.cOl day of ·f~ 1St f~i . .' 20~ before me. the u~dersign<ld Notary Public of the State
of Florida. personally appeared (N.me(s) Qf Indlvldual(s) who appeared before
notary} '(0 I Q(C(Ct~. 5i-:\..n+9-.{)~ .~ andwhoSllname(s) Islare Subs~rlbed ~othe
within Instrumen(;.and helilheltheya.knowledg!>that he/she/they e,,~.u~Jt.
WiTNESS m)( hand and official seal. G\" .. )" .. ,...;:~vJ)1 h Lr
No.tal')' Publici 'Sta~e of Flacida)
NOTARY PUBLIC:
SEAlOF OFFICE:
~naltyl<nQwn to me,or
Pet"anal identification:
Did take an oath. or
Did. Not take an oath.
17
, PUBLIC ENTITY CRIME$ ANI) CONFLICTS O,F INTeREST
Pursuant to the provisions of Paragraph (2) (a> or Settion287.1~3.Flori~State Statute. -"A person or affiliate
Who has 11 •• npl~ced qn.,heconviPted vendor IIstfollowlhg •. convjctl!ln.for,a public.Helwerim" may. nOt 'submlt.~
Propo .. 1 or bid on _ COfttr.!Ot to provide any pds or services tQ a PUblic entil)', may nQt submit a Bid or
proposal for a Colitr~ct With a public "nllty fOr the construction of rep,lr ofa public building or public work, may
not submit bids or proposals on. lease. or real propertY to a public entity, may not De.awarded <0 perform Work
as a Il.ESPONDENT,Su;"contracoor; supplier, Sub,cQn$ulta<Jt. or Consultant under aContra~t wI.th any public
enlity, and maynottransac,business with any public entity in excess of the threshold amount Cotego'Y TWo of
Section 287.017, Florida Statutes. for thir1;y six (36) months from the date Of being placed on the convicted vendor
.II$t'~'~
The. awarc:t .of :.ny cont .. ct hereund.r ,is $ubjEietta the provi$ions ,;of:Cnapter . I 12, F.lofida SJ;ate Statutes.
ll.espond.llt~ must disclose with· their PrOPOsals. tt)e name of any officer, direttor, partner,,;:.s.!>:CI~t¢ Qt agj>nt who
Is also an pfficer.9remploy.eoftheCityofSbuth"ia!1J1 orlcs.'ilgencles;
SWORjI! STATEMENT PURSUANT TO SECTfON2~7.133 (l)!a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FOR.M MUST BE SIl'iNEDANDSWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFfiCIAL AUTHORIZ~D TO ADMINISTER oATHS.
I . This $wornstatementi~ $ubmittQd to
CUrt (;pi t;U!z;rI-I N1fFlklt
[pript name qf the public, entity]
by "tit ~Ni)lJ , .f!IIit.Ua.vl'/· P 1l1fi',/ltlD(;fJ.J l'
[print in<lividu_!" ~~mHnd tide]
ror noRte LfltliJJ"C!H'I#iy '"' . tlfA)iJ IIIIk{AJI(fiJ8t1f1.(f", INC
. {print name of en til)' submitting.sworn statementl •
whose business address I, .1 zq 7.l{ SW, ;t'lS..Ii: S r
H()ru.tIi'ST~t P(,.e 3'7!10"$1
and (lfapplicablo~)itsF .. deral EmplGyer Identification Number(FEIN) is ,~.!ii -() 31.~<{tb (If the
entity has, no FEIN. indude the Socral SecYrJ~ Number of dJe, individual ,s,jgrtln,g this 'sworn. ~ta~ement:
2. I understand that a "public en~ty crime" .S defined in Paragraph 187.13~ (I )(8), EI!>rldaSratut:es,
means .• violali'?" of any .state .or federal law by a person with respect to and directly related .tl> the
tranSaction of liusiness w.ith any public entity or Wi\h 'an.a:g.~C)' or political ,ubdivisionol.nr other stat.
or of the U"lt.,Htates, including, but not limited to , any biq, propos.I or contract for goods or services
to .be provided to anY publiC entity or an agen<:y or political subdiVision of any other State or of the
United States anil involving ,nutrys!:, .frilud,thefl:, bribery. collusion, racketeering, col1'Spiracy,or material
mlsr_preseAcariQn.
). I understand that "convicted" or "conviction" .... d.flned in Paragraph .287.133 (I) (11), ~
Statut~m .. ns •. finping .. Qf guil~ or • conviction ola public ,ntll)' crim~ • .wIth pc .wIthout an adjUdication
of guilt, In any federal Of Stat~ trIal courtef record relating to ctr.rge. brought .by indictment or
inform.tion after July I, 1989,a. a result.or. jury verdict, non-jury trial, or\m~ry of a pl •• ofg~ilty or
nolo contendere.
4. I ulillerstan<lth.Un "affili.te" .as .defined in Paragraph 287.133 (I) (a), Florida Statutes, me.ns:
(~) A_predec'Qs$or Of' successor of.a .p~rsQn convicted of a pUblic entity (rjrn~; Qr
(1)) An entity un.der the control !Jf ooy naturill perSQn who is active in the management of the entity
and who hilS b~.n convicted of a public ontil)' crime. The t~rm"lIffiliate" Includes th"i. offlce~,
18
dlre<;:tors, executives, partners;.harehpIQ.rs; employees, members. and agents who are <la;lve in
the managementaf an affiliate. TOe ownership 'bYQne person of shares constituting a controlli~1!"
l!i~re.t.lnany person. or • pooling of equipment ori~c\1me amon~ person. when not for f.lir
ri1;!rket Yalue' unQer an arm', length ~eement. shall be. p!'imj. .. f.l.cle ca,. that one' person
c"n!ralsanother Person. A porsqn who knowinglyeoters Inlq .' joiOt venture with" person
whO has been. conviC!te(i of a public entl~ crime in Florida during the p~eceding 36m6nth. sh.1I
be considered an :affiliate.
5. I understMd tbata "per.on'· as defined. inParnraph 287,133. (I) (e), Florida StatuW, means any
natural person or entity organized yoder the I.ows. of .any state qr of the United .S~tes wlthehe leg;ll
power.to enter intO "binding Contra~tandwhlch. bids or proposal or applies to Pid or propo~.1 on
contracts fo~ toe provision of gQodsorse,-vices let by a public entity, or which otherwise transacts' PI'
applies to', tFan.$~~' b~$lness with a public entity. The ~~i'lrl ·~p:~r~,~,n."~ i!1c1~de$ those officers~~ di~~tQrJ.
executIVes, P~~tn~~s. ~h.reholders. employees. members. and. agen;.; w~o ·a~e'<;l;ive in management. of an
etn;ity,
Q. Based on intormation M4 b!\llef~the s~tef1l\!nt which I have marked DilloW is true in.r'~1.90n. to the
entity submitting this sworns!ll~ement. [Indi(:ite which statement <lPplies.]
~ N~itl1¢r -the entity submittirw ,thj', sworn, s~tement} npr any of Its officers, directors, ,exectltive's.,
pal"~ner~ ~hllrel:u;~',ders, ~mployee5, 'membets. or ~gent~ who are,'actlve in the· man~gemQIi't,df the 'entitl'~
nor any affiliate afthe entity has b..en charijed . .wlth and. convicted of a public entity crim .• subseqvent.tO
july I. 1989.
_. _ The _entity !tubrrt"jtting l;hi~ sworn, statement, or one· or more of it_s Q,fflCerSf diret;tor$. executives,
partners; sharehOig~r ••. employees, members",or agents.whoaraactiveln the manal!'mentof the. entity.
<Jr.an affiliate of thE! entity has been charged with and convicted of a pul>lic.nt\~ crimes!lbsequenuo July
1.1989.
_._. _'. The entity submitting this ,wOrnStatEWlent; or '10. or mor •. 'If its officers. directors. executives,
par(ner'~j ,sh;:t~olders. empl,oyees. members, ot agents who are, active in the manageme_nt ,of the -entity.
or an affllla~.of the entity has been charg.dwith and conVicted ofa ,public entity crime subs.quaotof July
I. 1989: However. there ba.s been ~ subSequent proceeding bof"re a Hearing Gfficer of the. Stat$ of
Florida. Division of Administrative Hearing. lind the. Final Order anwe.d by the Hearing Officer
det!lrmlneq thai it was not In the public interest to place the en~ilY$ubmitting I/1ls sworll statem~nt on
the conviq~~ v~~dor list. [atta<ha c:opy of theftnal order.]
Ii,JNDEi!.STAND THAT THE~UaMiSSIONc)FTf'iIS;FG)RM TO THo CONTRACTIN<; OFFICER FORTHE PlIBLIC~NTIT'Y
INq~NTIFIED IN PARAGRAPH I (ONE) JjSOVels'l'9!\ THAT PUBLIC ENTITY ONLY. ANO THAT THI~.F<iiI\.M 1$ VALI.O
1'HRQUGI;i DECEMBER 31· OF THe CALENDAR YEAR IN WHICH I FIl.ii;D. I AI.$O l.!NPERSTANDTHAT I AM
.RJiQI;JIRep.T,O. INfORM THEPl.!BUC ENTITYf!RIQR TO E NG. TID A CIDNTRACT IN SKeES.S Of THE
THRESHOLD A.MOvNTPROVIPEP IN SECTION 287.017, FOR. CAT. Y TWo OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
,q~_' [Signature I
Sworn tOMd subscribed·beforemethis _'-__ day of -,-·'-""L",.",~:",)-"u.s,,,· =' =-4'--____ ~. 2()J.Sc.
PersonaUy k~9wn __________ _
OR Produced identification _~v_· ____ _
ft)C
(Type of Ide~tlncation)
Form PUR 1068 (Rev,06111/92)
19
Notary Public. ~Stl!te <;If ("""I C) r," d Cl.
My commission expires -1 1,')0 i {7
(Prin~~d, tYped"f stamped commissioned
name of notary public)
C~lA.,~rlQ I h :J
AFFIDAVIT CONCERNING
FEDERAL AND STATE. VENDOR LISTINGS
Thep~"n, or~ntity,whoi.responding to the City's solicitation, hereinafter referred to., i'Resli"nd~nt"; mUst
certify that the R~nd.n~'s name Dc>.s Not ap".ar on the'S\ate of Florida, Department of Management Service"~
"CONVICTED, SUSPENDEQ, I;)ISCII.lMINATORY FEDERAL EXCLUDED PARTIES and COMP!.AINTS VENDO'R LISTINGS", .... . .
Ifth. Respondent's, name Does apPel¥' em one.Qr .all..th. "Llstln~" summarized. below, \i,espondents must '~Check
if Applies" next [9 the .pplicable"Usting," The"Lis~ngs" .an,be accessed·,throughthefollowlng.link to the Florida
Department Qf.Mananement Services:website:
htitJ?_:llw~;gro$.m>1l9rida.oomlbus!n~s~",()~ratipn.s/&'1'~ j;ibr,b,~~ingh({;indpG: tnfQrmati,Qnl¢ony!~w;J ~UiP
'S:0Ped 9is§'dmjna~QO:: @'fnp,lalots,' vendQr' lists
DECLARATION UNDER PENAl. TV OF:PER)URY
I, Y~$""~Al (ner.'nafter referred to as the "Ded~""t") .tate, under penaltt of pe~lu;Yi
that the fbllowing statements are true and correct:
OJ I r~pre$entY1e Respo~"ent whose name is 1II/';!)Pictlhol/j,lc4J1/toya 4lAMI!\l. lVl"I'IiS'TW~ l!.:lle
(2) Ihayethe folioWingrelationshipwlth the RespondentPfl:!i~IIi>'2Ar (Owner (II Re'pondent Is a
,oleproprletarl,Presldent (Ifll,e~pond.ntlsa corpQratlon) Partner (i(Respondent'I,. pattnership), Gene~1
Partner (if Respondent is.a Limited P.ttn~rship) ~rManagln~ Mem~er>(lf Respondent IS • limited Liability
<:ompany), .
(3) I h'Vereviewed the FI,!,rlda Department of Management SerVices""~b.lte atthefQUowlng VRL address:
httl':lIwww"jms.myRorida.comlb.usinel.''::Qpjjr.titm!llSlate;"Purchasinj!lvendorjnformationlconvlcte(.,suspjjnded_dl
Sl;riminatory _complaints,..,vendo •. .)iSts
(4) ..... I have"w.ered an ''x'''of''.check'markbeslde eachllsdngli:<!tel!Ory set forthbelc>w if the Respondeo(.
name apPears In the !ls~,fl)Mnd Q~,the FI.orid. Department of Management Serviceswebsille fo" that category or
!istJnB' If I dl~ not enter. mark beside. Ii.s.dnglcatego;y It means that I am attes~n~to th.eJ.ct·that.the
Respondent's narn<! d<1es not. appear on the listing for that callegory in the Florida DePartment of Management
Services website .. olthe date ofthis affidavit.
Check If
Applicable
C"nvi~d Vendor list
Suspended Vend"r List
Discriminatory Vendor List
Federal Excluded Parties liSt
_, '"_ _ Ven~or CQmF!I!i.int Lfst
FURTHER DECLARANT SAYE'l'H NOT.
ACKNOWLEDGEM.ENT
STATE OF FLORIDA )
COUNTY OFMIAMH)ADE )
Onthi$th • .;n. dlr of ALlS u.;:j, f ,20~before me, the undersigned authprity. personally
apPeared c/o I ICtroGQ...:Jcx-oto 1"10... who isp.~onally know to meorwho provide>! the
fellQwii\gldentiflcatlon F{::)~ and Who took an oath or a!flrmed that that hel.helthey exec.uted th¢
foregoingAffldavit as the Declarant. fl . '. 11 ~.
W/.TNES$rnr hand and o!floial seal. \...",k,~:5.::~. r ~
Notary Public, Stalle of Florid~
NOTARY PUBLIC:
SEAL
(Name of NQ~ry Public:, Print,
Stamp or type,s <;ommissione
DRU.G FREE WORKPl.ACE
Whenever tw¢> ()r mQr~ . .Bl~. !Olt Propos.ls which are equal with r.sp~¢ ~ price, quality.'!I1d,~.rviqa are received
by. the State or by any politic.Jsub;llviskm'. Jortheprocurement oiaommodicies or coniral:tmil',.rvices, a Sid or
Propos.l.recelvedtrom abusiness.that cort/fie.that it has Implemented a dr4g-freeWOl'kpl\ll:eprogra,m .~a" b.
giVen p~f.rence In the award proces" Established prQcedures lllr processing tie Bids or ProposalnhaJl be
fQII9YV~ if na"e ohhe tiod vendors have a drug,tree wor~plac. pr9gram. In order to have a drug-free. werkpl.,.
program. a Qusiness shall.:
I) Publish,. ,tatementnotlfylngemployee$ that the unlawful manufaCture •. alstribution. dispensing,
Po,s.,,~~jon. or us~ of a controlled,ubstanceis prohibited iJnh.e worllplace andsp~cifyingthe
aCtibi1sthat,shall~etakenagain'~ employees for violations of '~'h prohibiti!iln,
2) Inform emptoyeesaboult~e .. dan&l'rs9f drug,bu,e 10 the wor~place,the bUsl",,!,' polif!y pI
maJntaining .drug·freeworkplace,~n)"Yilliable drug (<lvnsaling.rehabilitation, and empl'!yee
assls",nce programs,and thepenaldes thatm~ybe impb.od upon empl9yeesfor drug abuse
vlotatlQnS~
3) Give eaeh employee engaged in prQviding the qommodlties 'If contractual services that ar<l under
Bid a copra.! thestaternentspeclfledln Subse<;l;i(m (I).
4) In the statement specmed I"Subsectton (I),notify tIIeernplayees; tllatoos a· condition ofwor~jng
althe commodities or contractual ,ervlce.sthat areVQder Bid. he employee shall abide by the
termS of the statement and shall notify the eJj1ploye~ Qf.ny(onvI~on of, OF plea of g4l1ty or
nolo conten<!e,e.to. any violation of Chapter 893 or of any. controlled subs",",e',w qitll. United
States Or any st~e, ('Ir •. violation "ccurringin the workplace no Jater thl\llflve (~) b~sln1ils.' days
after such conviction;
$) Impose a -SanQtioh .on. 'Or reqUire the sati~faS~QrY parddpati9!l fo ~ dr_~ ab4.$e assistaoce','cw
rehabihtation program. if ,uchls.vallable. in the employee', c<:,mmunity.by anY empioyee',who is
so-cQnvfcted. .
6) Make a.gc.pd . effOrt cP continye r" main.taln aarus-free workplace through implementation
of this sec ' n.
A. the person authorized to sign t 'e at. ,his firm complies fully with the above requirements,
ACKNOWLEDGEMENT OF CONFO.RMANCe WITH OSHA STANDARDS
TOTf,fE CITYOFSOUTf,f MI.AMI
~6'I<::, lAI'lIli!SCI'\l>I~a T-
We, /.AI\!"; Mil:! I.'I:fii!IIlAlIltlii'I I~ • (Narneo! CONTRACTOR), hereby acknowledge and~ee tIIat a.
CONTRAcTOR for th,,"Multipurpose FleldR.noy~tton$ at Murray Park" project as $pecifled have the sole
responslbilltyfarcompli,nce wlth·all th.requlrements al the. Fedel"lIOccupational Safety and He;tlth Act (If I 97Q,
.ndall .. State and lo.cal .,(etyand health regulations, and agree to lndemnify.ndhold harmless the CIt)'. of $"utl! .
I"!iwn'.and nm.CConslJll;am) ~instany and ,llli.billey. ,#im •• d.m\lge •• lo,s.e, and expense. they mayincur
due to the failure9 f (~u~·cpn.tracto.t's"names).: I
A.J4 S(.IJ,J-CiIWT.eB<:'7'Q.1e;·~
BY: '/c,l.. ... .;:".'i)l'f, -S""'I>o1>"'A"",A
N~m~
?nGi'l>tl)~'T'
Tide
21
RELATED PARTY TAAN.SA(:TIONVERIFICATIQN FORM
. '.. .' . "7'"~Pu:. \.A~'QSCAj) u~~.".
I ,{OlPlIQ!.)' 'l!.AI:ITf\~A • indiYidually ~odonPeh.lf of~"''M'' !'il1\c\~~A~6'. II>C.
("Flrm")have Name af Il,epreaeotative COmjXanylltendarlf.ntily reaQ the CityofSputh Miami ("Cfty")'$C6de of Ethics.
Section SA·I <lIthe Clty'sCode afOrdinanc ••• nd I hereby cel'J;ify, under penalty of perjury that to th~ b~st..of my
knowledge. information and belief:
(I.) :nelther I nor the Firm have any ~onfl.lct ofi~~re" (as.defined in .. sectioo aA,J) withrei!'lrdto the. contract or
businessth_t I. andlor the Firm.amlare)abo"t to p¢rform for,or cotraosact wilh. the.
Clw.and IV {A
(2) o'elth<ir I "9r: 'nYel11ployees,pfflcers, directors of th.e Firm, nor!lllYone who has. ftnancial interestgre.t'!.
than 5% in the Firm. has.ny rela:dve{s). as defined in .• ectionSA • ./. who is in employee ofth. City'ar who is(~re)
an appointed or .elected offiCial of the City. or wnCl is(ar,,) a member 'Of .Ily.public bQely 'created by the City
COmmission. i.e., a board or committee·qfthe City. [whll.,the ethics code still applies •. If thepers"n~""~utinltthis
forml~ dOing so on behalf ofaftrm whose stock Is publiclY traded, .th",tatement lntbis .section (2) shaUb. i:>ased
sol.lyon the signatory's ",ersonal knowledge and helshe is not required ,0 make an Independent investigatlOn.a •. t"
the relationship of employees' gr those whp have a. ftnancial intere.t fn the fir.ni.J;and ;V/4.
(3) neither I north. firm,. nor an~one "'1110 ha.s a floanc;.1 incere" greater than 5%.inthe FI~m. nor any member of
those persons' immedl.ref.milt (i,e .. !pouse, Parents, children, brothers and sisters) nanransac(,!d pr entered
into any contract(sl with the City Of has a fin.ancla! interest dlre(:to: indirect, In any business being !Taos"~"d
With th~.city, or Withanrperson.o.rag~ncy a<;ting'for meefty. "ther th.n as follow.,
... .. . ....... ..... ....... .' . tV 1i4,
..;(use(ifnecessary, use lI' sepal'llte sheec"" syppIY'addlo'onal inf""m.tlon tha{wiliriOtflt onthl, I(Jle;however, YO"
must make r.fe~ence, on thea!:>"v" line, 1;0 the ad<!itlanal.sh •• undtheaddltloil.1 sheet must. be.lgno<i under
o~th). [while the ethic. code still applies, Ifth. per,on eXecuting thi, form 10 <loing so on behalf of a flrmwhQse
,tockio publiclyt\'llded, the statement. inthi~s.ction (3) shall be b'sed'l!oIIlIY9n thesi.gn.t<lry'spersOrild
knowledge'and helshe is,"!'t. requlr.~ to make an ,ndependent investigation as to the relationship of those whO
have a financial interest in the Firm,];.nd "'1 p
(4) nQ elected andlorappolnted offiola! or employe!'oftheCity of South Miami, Or any of their lmmediat.family
memtll!ps O.e" spouse. parents,chUdren, bl'Qtnersaod slsteros) has a finandal interest, directly or Indirettly,Jnth.
contract be"", •• n you and/or your Firm and the City omerthan me follQwlnlt i.ndlviGualswhose Inte'""stlsset
forth following their use a.sepj!rate names:. . . . ""/l1li .' .
(If necessary. use a separate sheet to supply ,dllitional in(orm.tionthat wilL'not fit on this line: however, you ,must
make r~ferenC:;.~1 on th~, above: liner. to the _additlonal sheet.and ~e, add,!tipn,a_1 sj;¢et. must-befsigned under oath).
The names of all~ity e",ployees and that.of all elected andlor appointed ~ity ofllcials or b.oardmembel'$. who
own; direcdyor indirectly, an int<ire.st of flv. percent (5%) o.r more ofthe to'la1 assets Qh:apital stock In the firm
areas follOW$! . u.j,Q
(If necessary, yse .a separate sheet to supply addltlon.1 information that will' nOt fit em thiS lin.; however,you must
make referenCe, on the abavI'Ii" ... to the additlonal sheet and the a.<lrli1:ipnal sheet must be Signed under oam).
[while the ethJcscode still applies, if the person executing this. form is doin~ sO on b.eh.lf of a firm whose stock is
publl~ly traded, the statement In,this section (4) shall be ba~ed solelY 00 theslghatory', personal knowledge and
helshe is not required to mak.·."Jncjependentinvestigationas to .the.fit!anCiallnterestin. ,h .. firm of city
e(nployees, appointed officials or meimmedlat. f.!mlly mel11bersof elected and!orappointed official or employee,]
(5) I and the Firm rul'lher agree not to U.le or a!tempao u •• any knOWledge. P'!>p"1'J:y o.r .r."source which may
tome 1;0 us through our position of trust, or through our performanee of our dUties under the term. of the
Contraet with the City, to secUre a special pril/ile~. benefit, or exemption foro"f •• lve.,. or other •• W. agree that
we may notdl.close Or uSe information, not avai.lable to members of thegenoral public. for our personali!'lio or
b.n~Rt pr for th~ per,ohal gain or beneftt of any o~her perso.n or b~slnes"entlty, outside of the n.ormal gain Or
beneftt anticipated through the performance of the contract.
(~ll and thO' Firmh~reby acknowledge that we have not contracted or l:raosa<;ted any b4.ine.ss with the City ar
any per,onor agen<:)'actingror the City, aljd that "'Ie have not appeared in representation of any thirdpal'J:y
before.any board. commission or 1l!!ency of th"City within th •. paSt tWo years other thana.
follows:. .'. ....11<1,,, . . .. ' . ..' . (If
necessary, 'Use a sepOl,l'at~,.~beeti:" supply additional in(orm.tlon that will not fit 'In this line; h9wover. lOJJ must
make reference; on.th" atiDY. i!ne.J9 the addltiQryal sheet and the additional sheet must be signed under oath).
X,\Purchaslng\VendorRe!li$uatioh\12;;!8.I~R!;I.AT~O PARTY TRAN$A'CTIONVERIFICATION FORM [31.do'l<
(7) Ne)ther I nor any employees. Qm,er •• or directors of ,h"Flrm, nor any of their Immediate famliy (Le" as a
s!"ouse. son; .daughter, parent, brother or sister) Is related by. bloodQr marriage to: (i) any memberohhe qtty
CommlssiQn; (II) any tit)'.el)iployee;or (lIi}.ny member oianyl:>o.ard or l\gency of tho City other than as follows:
AlIA .... (If necessary. useue~arate sheet to, supply additional
iriformationthat willn'" 1ft on this line; however, you must make ~eferente, on th.eabove line, to the additional
she.et and theaddlticmal sheet must be Signed under oath) •. [while the ethics "ade'tlll applies, if the person
exe~utingthl$form i. doing '0'\:10 b~.~a!fof.a firm WhOS!!,.St9.ckls publicly traded, the s!lItem_n, in this se~Qn (7)
shljllbe basedsaMyan the:slgl)aW.ys personal knowledge and hEtl!ihe I, not. required to make an indopentlEl"t .
ihyestigatiCln.'as totherelatlpnsolpt?yblood or mard.geof~mplo~ee$' offi.ers,or directors "hhe Firm, or QfanY
of their immediateJ"mllyto' anY',.ppolnted or elected offlch"s of the City, or to.thelr Immediate family members].
(6) No Other Firm, nor anr office., or directors of that, O'ner Firm Qranyone who hasafinan,!~1 interest 'f"at~
than 5%inth.~Othe"Flr~; nor any member of those p~rson$' immediatefam.y (i,e .. spouse. parent>, .hildr~n.
brother.sand sisters). nor OQY .. of my immediate family members. (bereinafter refelTed to as. "Related Parties") h ••
responded to. solicilll,ion.Qytlle City .in wblch I oNh. Firm that I represent or anyone who has a financial
interest greater than ~% Inth~ flrlt'!;.or any member of those persons' immediatefamilY (i .•• sPQuse, p.rents.
children, brothers and sisters) have alsO res anqed.otherthan tnefollowlhg;
'. . .... . .......(If
".,essary, Use a separate sheet·tO supplyddltlonaiinformation that will not .fiton this flne; however. you mo.s~·
ll)a~e referenCf), on th.e ilbov. line, to the additlon.1 sheetanQ the addition •. 1 she,.t must "esigned under oath).
[while the ethlcscod~Stil! applies; lfeh.e person ""ecutlng this form is doing SO on beh~lfof l.·flfm whosestQck'is
publicly traded, the statement in this ~,,~tioo (8) shall b.based sol"ly on thesignato!)!'. personal knowl.dgean~
helsh¢ is not required to make an independent inVeStigation l"tQ th.Otherfirm, or the Firm h.lsh. represents •• s
to theirofflcers,dlreq:ors or anyone having a financial interest In those Firms or any of their any mem~er ofthos.
persons' immediate fi\mily.]
(9)1 and the Firm agree that we're obligated to supplement thisVerlflcation Form and Inform the City of any
change In circumstances thatwoul<j, c!la!ig.o~q,nswers to th.is document. Specifically. after the opening'of any
responses to a solicitation, land the Firm.h ••• an obligation tQs~ppl.'nent tills, Verification Forrhwlth the name of
all Related Parties who have: also responded to the same solicitation and to gi·sclose,the ,,,I.tlonship of those
PartieHQ me and the·.Firm.
(10) II, violation of the City's Ethics Code, the givil)gof anyIalse infQrm'lticlO or ~beJailu", to '"pplementd]is
verlfl'i~ti9n Filrm. may subject me or the Firm to Immediate termilWion of any agreement with. the City,and the
imposlt!,on of the m"'!lmum fioe and/or any penalties allowed by law. AddlllQn~lIy, .violaqoos may be <onsideredby
and su~ject to a '. ythe Mlaml.Dade CountyCommisslbn on Ethics. Under penalty ofpe"I",>,. I. declilr •. that J
have made:. .gent' to invest'S"t. atters to which I am attestll)g·hereinabov.,aildtha~ t,he i~teli1ents
m~de~ herein ' (t ,an c:Or're 0. 'the t: Of my knQwledget information and belief.
14
PRESENTATION TEI\ftI!
DECLARA TIOJll/AfflDVAIT OF R~P~E$IiNT AllON
Thl~ ~ffid~vlt .is nOl requ Ired for compliance with the City'S Solicitation; however, it may be used to avoid
the need to register menibeIs,of your presentation team as lobbyists. Pursu~nl 10 City Ordlnance.2.8·l~·
'2~06 (c)(9), any person Who apPears as a representative for an individual orfirmfo.r an oral presentation
before a City certil1cation, evaluation, s.electlon, technical revieW Ilr Similar committee, shal! lIst onan
afficlavitpro~ided by the Oty .staff, ali inqividuals who may make. iI presentation. The affidavilshali be
flied by staff with the Clerk's office a! the time the committee's proposal is submitted tg the CItY
Mallager .. For the purpOSe of this subseCtion only, t~e.listed. members of the presentation team, with
the ex~eptioo.Qfa/)y"person otherwise required to register'as a IQbbyist, snajlnot berllql)ited.tQpaY,any
registration fees. 1\10 person.silall appear before any committ~e,On behalfgf an. anyone unleSS he or she
/lB.S been IIstea'ilspl1rt.ofthe firm's presentation team pursuanHothls paragrap/lorunles.sl1eOf She is
registered with the City Clerk's office as a i9P!)yi$tand has paid"IJ applicllble .lob!)ylstreglstr'alioofees.
Pursuant to~92.525(2),FIOrida Statutes, the undersigned, ~ __ ~ ___ , ma~es thefollowin~
declaration unq",r pen~itv of perjl/tV;
Listed below are all indiv.iduals who may make 0 presentation on benalfoJ the entity that the affillnt
represents. Pllla,$e note; No person shall appear before.any, committee on behalf of anvolle!l.pless'he
or she has been listed as part of the firm's presen~tioll tf;l'rnp."rs~antto this Pilrallraph or unless he
or she i$r01gi.~\i!tlld wltl1the Clerk'$ offiq. illl a lobbVist 811d has paid all applicable lobbyist.rej!istratlon
flies,.
For the purposllofthl$ AffidaVit of Representation only, the .l.isted members of the Ilreseniationleam,
with the exception of any person otherwise required to r~gister as a IObbylstdhali not be reqqJred to.
!lily any regiWatlol1 fees. The Affidavit of Representation shall bellied with the City Clerk's office at the
time the committee's proposal is submitted to the City as part of the proturement process.
Under penalties.of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are tru~umd specificallythatthe persons Ilsied above.ara the members of the presentation te.am of
the entity Iiste(lbelQw
... naure of'Represen Ive
YI!LA61Mr[~7'~ -P~/;I,p,J't'
Print Name and Title'
~t>/c lfl;lJb$CIlflllJtl,"l_M~t~4f))j1N(t~ 10)0.
Print ~ame of entity beitlgrepresented
ENO OF $ECTION
29
ATTACHMENT A
TO ~JD PACKAGE
PUBLIC HOUSING AND COMMVNITY DEVELOPMENT
FEDERAL LABOR$TANOAROS ANO
SECTION:3 REQUIREMENTS
Agency Name: City of$o!Jth MialTli
ProJee,t Nam,. Murray Park~ Multi PUfPo.se Field
Project AddreslS: 6701 SWf!9mpl"!.~,S:Outfi MialTll.FL a;f143
prep"redby:
C~.thrl~. ~.L",a. Project Monago,
Table of Contents
Federall.$bor Requiremenf$ Documents that.must be incorporated inthlulubmi~'of
the bid package:
• NotieeloBiddersl Prospective Con!!ilctot(s)
• Stal6ment.ofBldders Construction E>cplllienCe
• .Ce!!btlCn Receipt
• flavis-BaoonWage Decision li'li15022.l. Mod lOl/09/~Ol!$ -li'L221-HIGHWAY
• Fedef'!lllabor SJan!lllrds Provisions (Form HIJ0-4010) . .
• Insuranq.rRllqWl.lrnent"
• Provisions lOPe inqarporat.<!d (nConstruction C,;mlraets:
o 1) Davls·ll.~cp~Act.
02) Termination.
03) A9Q8I1$.to.R~s'and·R_rdRetentlon;
• NOn-Cailus.!o" Affidavit
• Certiflcatlon Re9arqll'lglobbyln9
• AffirmatiVe Action Slanderds
• CerlificationotComplianee \iVit/) Rarl60 c2:AtliFTl18t1y" Action Programs
• otbefRequiradCertJtlcaUomv.
,,1}E9U~1 EljIpJoyll1!11!! Opwrtunlly.
" l1)AffirmativeAction.
o 3) Amertqans With al.ablllties A~t.
o 4) Cope,land Anl)'~.Gkback.
05) Byrd Ahll;~II!>rlflll A\p~n<lMEmt.
o 6) Ftlil Di.Clqsui~I>YiM·Conlil!ctoi/Bidder.
o 7) NQn-Disprirriinalion. Cla~sel
o 8) Agel'llsGrtminati<m. Act of W7~ as AIl1~n~.d. an.~
o ~) Secllon 504'onh~ Renebilijalion Act of 1973 a".Amended,
• Cl!rtltication Regardin\lDrug Free Workplace (Grantees other fhanlndMduals)
• Assurence'Of COmpliance (S..mIQIl3. HUO Act of 1968)
• Section 3 Requirements
• SectionS Clause
•• Bid~r'~'I~IU.ISeGti~n $ Qoala
• Certification Re9\ll'dingOebarmenf. Su.pan~IOIl. Ineligibility an~ Voluntary ExcJuslon ~ ~~r Tiar
TrliiisactiQns (Certification. Document and InstruCtions)
• EqUal Employment tlppor\t!nllY <",eQ) Clau.etar Conlll!cIoJ'l! Not '$ubjOliltlo Execullve Order
(eO 1124ec)
• Equal OPPQrtunHy (QrSpec/ai DisabiadVeterans and Veteransofti1e \1letnam Ere
• Equal opportunitylQf WO/Mtll with Ois"bllitie$
• No~""of Requirement for Affilmative Action tQ Ensure. Equal Employment 0ppPr\t!nHy
(1;0 11'246)
• Eq~eIEmp'Qyrnenl Qpportun(ly(EEO) Clause for ContracloJ'l! 811111"01 toEQ 1124ec
• Certification of Nons!>~re9ated Facilities
• Nolicsto P~pectiVe Subcontractors I>f RequirementsforCJerjiflcs~glJ of Nonsegregated Faollitfes
• Noll~·of R,,!!~lrement -Clean \/Vater,Claan Alr, EO 11738 and EPA Regulatillt)s PrQvislon
.Certllicatln' of Cpmpliance,wltilFederal RegUlations
'" CI.Elan.AirAct.
o . Fede.1'aI Water PoUl,(tlon. Cpntrol Act an.<I
o. Lead.Basad Paint Pol$onlng Prevention Alit
• Certifinefion Regarding Debarment •. Suspenslon, and Other Responsibility Matter$ (Direct Replplent)
• PuPlic EOntll\' Crimes Affi~a\llt
,.,,10 ~ACKl\IlE.
Mlamf.O,~'~ (founts', PHCO
Page 2
NOTtce TO BIDDERS/PROSPECTive CONTRActOR {Sl
This project, in whoflil or in part. will be assisted through the Miami.Dljlde CO\.lnty Public
Housing and Community Develqpment with Federal funding from CommuhityDeve/opment
Block Grant and as such bidder must comply with Pi-asic/ential Emt;utive Order 11246, as
amended; by Executive Order 11375; Title VII althe Civil Rights Act 01.1004 asamen!llid; the
Davis-B.Clcon Actof1Q6B. CIS amended; the Copeland Anti.KIckback Act: the Contract Work
Hours and Safety Standards Act and Clilotherapplicable federal, state and loeal ord.lnance .
. The bidder is requiredtopayworker:s Oil this proJecrl/lemiilimum wS!:1li1sat cI€I!ermined in the
Was.eDetermlnst.lo.nQeC;isi!;!n inclUded in the sldder's paCkage; and that the 9Onlractof must
ensl,Jre that employees are not discriminated becaus.e of race, color, religion, sex or natio.nal
origin.
This .project is also a Section 3 covered activity, .Seclion 3 requires that Jab training,
employment and Gontracting opportunities be. cllrected to ve.ry-Iow .and low inGome persons Of
bvsiness ownerS who live in the project's area.
2· NonCE TO eloa'~SlPROSPE~TlvEqONTAAOTOR (S) [COB"I
M!~O!li~ COl,I,nty.P,HCO
STATEMENT OF BIOOER'S CONSTRUCTION EXPERIENCE
To be li\ubmitted by each Blgder with requested information and qpGumentatlon with the Bid
p~cl<;age
All questions must be answered and the data given mljs! be clear and comprehensive. Thl.s
statement must be notarized. If necel$l$ary, addsepal'liIfe sheets for items. marked u.".
1. PrimeCentracipr;:1J!lpp(, \M.)n$'l:I:pl!o:xr+~ M~lto.')~t.G'. II,I!)C
~. Prime aontractorAddress: flq7::3 'l5\H 2!{Sif,. e~-r
tis! M=&TifN) t· J'1't-~"I()31
3. Name of eachprineipal officer of corporati.on, partner, firm or individual;
"/o~~ $A~'l"~,.. Pri1fitod)$C _llAlllpg.~mllA 'l/Igi ~I~
4. Gel)der /ilnd E;thniclty of Principals: ."/o~Q~ !rAN>'t't\~ •• F~I\:L. ~ '" 1'S(lIH)lC
"'.' ,I. "'. "AlII Oee"~1:".!\.IIilA-¥:II\.~ .•. '"' I s PAf")'jG 5, aompanYQul;lnfler:_.;;.,.~:;,-,:;!-==-____ ~~ ____ ~ ____ ,......~ __ _
a. Years in BUli\inesli\:_:a",,$L..,.....-,-_
7. U.S. TreasuryNumber. (Employer's Identification number; FederalSociaUiecurity
. number used on J;:mp1oyer'squarterly Federal Taxln~tum, U.S. Trreasury Department.
State; F). oat 04
8. C.ontracter'1$ Certification Categerl6l$: -"L",A",~",' ~1Js=gA::.u-P!!.tN:::C; ... , _________ _
9. .contracts eomplgltE!d in the lasH/va years (i!,!olyl\le the·mol1thsl.lnd year completed,
uS.eadditlQnaJ pages, if needed)
10, Contra¢tor'l$ on-g6ihg construction projects (Schedule these, showing gross amoun~ of
eacheontraotand the approximate anticipatl,ld dates.ofcomp/etlon).
€tBtlN.D i@ .LMY/) if~r6Tsr i?e:$ln~71.rrAL.""//i,lf)US't'R;'A-t.. (MI>(l{)l/EWfjI.)
04 I Ie ,?BCI;:!. 00 .
11. Have you ever fail.ed to oomplete any work awarded to yourcompariy? ___ ~
If so, where and Why? .
pag., 1 'of 2·
~ STATEMENTO!' 8lDDI!~SCONSTRU(l110NE_f!I~NOE
MiamI-Dade O(wntyPHOP
Page 4
TROPIC LANDSCAPING &. LAWN MAlN'l'ENANCF;:, INC
1'9'3 S.W. 24~'I'H STlQ!'.Bl'
HOMESTEM), FiLORIllA 38Q3l
l'HQNE~ (30~)2.4;)c4144JF,AX: .(aOslIl45c'JH19
CONTRACT tANDSCAPING PB,OJECTS Wfl>ERIENCE UST
PAST THREE YEARS:
SRA1A North Ocean Drive Landscape Improvement:
$153 • .o(M).() (20.13).
Lauderdale-By-The-Sea., FL
Contractor; Horizon Contractors, Inc
Yohei Castro {3QS) 8:28-2050
Fax -(305)820-0905
U.S. 1 Medians Landscape Project$16(),4()O,Oo (2013)
Ovel'seasHwybjw Aviation Blvd & CocoPlllm Dr
Ml)l'athon,FL
Contractor: N I A
Carlo:;lSoUS -(305) 299-4130
Fax -(305)299-4123
Fisher Islllnd C111b Spa & Fitne~s .. $82,300 . .00 (2013)
One Fisher Island I;lrlv€) .
Fi§her Island, Ji'L 33109
Contractor; Miller CQnstruction
Page#lofg
TROPIC LANDSCAPING&: LAWN MAINTENANCE, INC
119'SS.W. 24SU1 SrB;EET
HOMBS'l"E:AI), FLOlUI)A 339S:I.
PflONE: (ao(;) ~45·41441 FAX: (SOS)1l45-aU"
CON'fAACT LANDSCAP~C PROJECTS EXPEIUENCE LIST
PAST THREE .YEAR$
IIQmesteadHQusmg Phase IIl-$1~,500.00 (2014)
29355 SQuth Federal Hwy .
Hom,esteaQ, .. FL$30 aO
Contractor: Sllt~kQfOl.lp
Rene Sierra -(954) .370 -19<iB
Fax -(954)370 -1390
~Id Cutler Rd Improvement -$400,000.00 (2014)
old Cli\t1\ilf ltd b/w SW 92nd Ave & 6'1h Ave
Cutler Bay, :FL
Contractor! Acosta 'fractors
Sergio Vigoa (3°5)556-8021
Fax -(aos) 556-0473
301 SanMareQ Residences -$2S,000.()0(201S)
301 San Marco Drive
Ft. Laudertlale,FL 33301
Contractor: Torr!) Confltruction
. Ronny Kone -(305) 740-0057
Fax -(sos) 740-00g6
NE 34t!lCt RecoXl~wuetion -$lSo,900.0() .. (In Progress)
NE 34 th ct b/w NE 2 nd Ave & lltl! Ave
Oakland Park, FL
CO.l1tractor: Kallas Contractorfl
Faisal Alavi-(3°5)722-0099
Fax -(305) 722-0299
Page #2. ofS
TRSPIC LANDSCAPING&LA\\INl\tAI\~l'F;N1\NCE. INC
17973 S.W,1l4tf llff STREE1'
HQMl':8TEAD, l<"LSRlDA 3;)031
PHONE.l(30S} 245"4l44IFA,.~1 {SlIS} 2,45'3109
CONTRACT LANDSC.APmG PROJECTS EXPEIUENCE LIST
PASTTlIRE~·YEARS
Buckeye Trail Commons· $400,000.00 (2015)
67W B!l¥llr Street
DallaS, TX
contractor: Siltek Group
Rene Sierra -(954) 370 -1,368
Fax -(954) 370 -1,390
Expanded lloyd Estates-$127.780.00 On Process)
City of Oakland Pllrk,FIQrida
CQntrllctor: Condotte Kailas JV
Faisal Alavi -(soS) 7~2-0099
FiW -(goS) 722-0299
Page#1.of3
UpDated
7/27/1fJ
12. Have YQuav~rd$fauftei:l' OI).$'Contrao:;t? t"l() . Please explain on a separate .sheet.
13. Through what personnel or affiliations do you.propose to provide knowledg6 of IOGaI
design an\tl OQnlltructlon problems ah\tll)1ethQds?
iJIf}W D. S'!'IIJ e"A'IJ.e
14. a) The undersigned has attached a detailed f]nancialstatement and furnish any
other informa~ion that ml;'ly be required by Miami-DaC!iE'! Office of Community and
~cono 0 PE1\t(4lapment?
The Bidder romlses to defenc!, indemnify and hold harmless the CiT'i O~ '$Qc-r .... "l;, ,
(agenC'liIm ) and Miami-Oade CQuntywith regard to any disclo.sures or information
rece{v, therat trial. {narbitratlon or on appeal.
15. The Bi.. er uthorizes any PlilrSQI1.firmcorporstion. orgarlizallol1 orgo\lernmenta/ unit
to ac on opy ofilie submitted financfalstatement.
,-, .. ,/
17. TnEl undElrsignEld hElrebyauthQrlzes and requElsts any person. firm. corporation. or
gover: tal unit. torumish any information f(l$luested. by the . $;Ii;;,rJiWt ....... (name
of a eney in verification of the recitals comprising this sllAtemel1tof bidder's .
ex eri e
SUBSCRIBED AND SWORN TO (or affirmed) bator€)· me on ~> I d! /1,5
Dlite .' C'.
By \LO t(}.-d t~';~\",~f Ch"--""C..... He/She is personally known to me or nas presented
(Affiant)
FPL as identification.
(fypeofidentlfication)
(Signature of Notary)
(PrInt or SblmpName or Notary)
Notary
Public
(Stata)
(Serial Number)
(Expiration Date)
NolarySeal
PageS
4.4i1PM
!l8/27/1 S
Accrual Basis.
Tropic LandsclIping& Lawn Malnl'lnaocs, Inc ..
ASSliTS
Curl'!>ntAssets
Checking/Savings
Balance Sheet
A80fAu9~s127, 2016
10~7' CommuniI)' Bank of Florid"
109/1. NEW ACCOUNT/1st National Bank
1105· First Reghmat Bank
Totsl CheliklhgiSavings
Accounts ReGelvallle
1110 . Accounts ReC'elvable
Totsl !!,cc;olJl'!ts Re!leivable
OtherCurrent·As!!ets
113.9 • FI'!!t TodayPropertle$/Ft. Pier lie Santsl'!a Nllreel'y
IIC Santana NIJll!ery
IIC Santsna Nureery • Other
TotalliC Sl!ntana. Nursery
1201 • Suspense
1121 • InwntoryA!lset
1132· Inventory
1134' Loalllo DaVid santsna
1138 . Deposits
1137 ,Employee Advance
11311 . Loan to Santsfla Farml!
1499 • ·Undepo.sited Funds
Totsl Other .Clirrent Assets
Tlltal current Assets
Flxed.As.sel$
11100 ·LANDIB.UILDING
120(1· Office !;lulldlng
1209· Land
Totslt20Q • LAND/BUILDING
13QO 'OFFICeFURNITUR~EQUIPMeNT
1301 . Ice MakerQD..Qe7A·161
1.300 . OFPICEi FURNITURE/EQUIPMENT -other
Total 1300 . OFFICEiFURNITURE/EiQUIPMENT
140Q . AUTQITRUCKS
14~0 • 200SqMC p/(
1428·2000 Ford F.2lill
142l1· 2002 Ford F.250 Diesel
1400 ,AUTO/TRUCKS. O.lher
TotaI1110Q" AUTCi/TRUCKS
1500 • HEAVY EQUIPMENT
1621 . Bob~lIt Loader/BC873G
T01@11/l00 . HEiAW EQUIPMENT
1600 . SMALL EQUIPITOOLS
16'19 • Pioneer Club car 900
1600 • SMALL EQUlpITO.CiLS • other
Totel1600 . SMALL EQUIPITOOlS
4,700.73
3~1.99
562.12
. ~_._ .. _____ 106,874,a.~
106,~74.81
1,200.00
550,00
_ ... ___ 198,9?U;;j
1.~.!l,P01.13
1,99q,2!!
12;929.94
76,357.63
162,;;16,24'
.127_36
/1.240-2~
763,QO
4,00Q:00
--~----.'---------.-
461,633.93
~--."'--""'-"~.---'.
574,163.58
25,000,QO
B6,OOO_OO
---'--,,,,-~-",,.......,--.~--
111,000.00
1,444,50
21,682 .. 13
23,326.63
2,000.00
16,aS5,00
10,000.do
__ . _____ 4;300,00
32,695.00
31.,164,99
31,164.99
9,399.36
.. _2!l,4!l1_42
88,$96,78
Page 1
4:43PM
0$/27/15
Aa'crual· Bas,ls
Tropic Landscaping & Lilwn Mainten.ance, Inc.
1700 . TRAILERS
Balance Sheet
As ofAug\lst~7,2!115
1703· 2Q040.ar90 Trailer
1121 -1S' EquipmentTraller
1716 -&2 La.wn Tr'llle.r
17~O· De! Anderson Trailer
1711 • 11!'Eqldpment Trailer
1704-5'.1\16' PIlI.A.xle T",lIer (1987)
Totar 1700 . TRAILERS
1800 -ACCUMULATED DEPRECIATION
Total Fixed Alfsets
TOTAl.,. AS8ET8
1.1A;.!ilILiTIES.S. EQUITY
L\aIiUltl!is
Curreri! I.I~billti~1!
Accounts Payaljl.e
20.00 . Accounts Payable
T.,tal Acco.unts Payable
Other Current Liabilities
2060 -Cueto Santana Farms
2061 -Promlssary Note
2062 . Accounts Payable Yolarida S_ntan
2069 • Loan from StockHolder
2100 -PAYROL.L LIABILITIES
210S-Federal Withholding
2110-FICA
2111 . CQmRany
2112 . EmplOYee
2110.' FICA -Other
Total2111l'FICA
211.6 . MED/CARE
21~6 'cornp'Iny
2117 . EmploYI!.~
2116 -MEDJCARE -Other
Total 2116 • MEDICARE
21~O -FUTA(940)
21.~6 ,SUTA(F/orida. UCT6)
210(!-·PAYR.QLI.LIABII.ITIES., Other
Total 210.0 • PAYROI.\,:llAB/LITI1;S
220.0 ' Sales Tax Payable
TotaJOtherCJlrrent Liabilities
Total Curr&l1tLlabllltles
Long Term Liabilities
:1300 ' NQTe'S PAYABLE
2303· Note PaYlible Farm Credit
2301 • LINE OF CR.EDIT/Mellon Bank
Total 2300 ,NOTES·pAYABLE
__ -,~!:!l! 27,1!,~_
1,800·00
3,033.80
2,POO .. OO
8,515.65
$.033,80
l,500.DO ,--_ .. _-----,
19,883.25.
____ , ___ ~!<946.02
____ ,,_145.~~O.6~
719,184.21
49,213.40 -... --------
49,21MP
3.096.00
12,018;90
2'5,587.56
10,689.15
·543,73
4,938,20
-208.07
/,l.8?
4;739.00
-10.6.78
Mp,11
29,0.0
610.33
126.QO
23.35
319.27
M73.2.2
729.99
'-'-. -,-------~.-"-~-.--
____ . ____ 1$7;853.e~
10.6,867,22
·10,a8a,95
378.64
.10,310.11
4'43 I'M
011/27/15
A,cerual a.sis
Tropic LandsOIlPln\l & Lawn Maintenanc" Inc,
Balance Sheet
A!i·qf·~~9~st;27, 2015
~a9$ . !!tlliiikMlders LQan
2319 ·.I,P!lg T~rm Liabilities
TlltarLong Term Liabilities
T ptel Liabiliti"$
Eq~lty
1140' F\QtalnedEarl'lings prior years
1 tit), R"tall\$.d.Ellrnings
3000' NetWQrth
3100 • !lommon$tock
3800 • Paid in Oapital
Net 11'1011111.11
Tolal Equity
tOTAL UA.ElIUTIES" EQUITY
Aug 27, 15
4,450.00
a,353.00
2,492.89
-~-----.-~-.-
109,:360.11
·147,164.39
541.431.73
111,724.51
1.000;00
7,271.50
____ .~ __ . __ ~~,!~75
._~_~ .. ___ 609,a44.10
71.~.184,21
PageS
This is to aGknowiedgEl receipt of a copy of the U.S. DQP!i!rtrnelll of Housing al1Q Urban
Devel.opment PeOEtral labor Standards Provisions (HUD Form .4010) concerning the
project Morray Park,.. Multi PurposeField.lawnand Tyrf Renovations
Further, I herel!!y .certify that r have. on this date, fQad. el(amined, unde~d and
acknowledge the contents Of U.S. Depi;1r!ment .. !Jf. Laborrequirernent!!. particOlaflythe
requJrEtmEtnts ci:lnta.ined inWage General Dedlsion Number 1"1.;150221 Mod 1,0110912U15_
FL221-Highway that is applicable IQ this project..· . .
I herebyagreEt. to abIde by the requirements of the Federal Labor Stllnd~s Provision issued
by the Unltedst<ite$ Dep!lIrtrnentof Housing and Urban Development and described in PPrm
HUD-401Q and those tequltementsconfalned in W!i!ge General pecision. Number; FU5D221
MGt! 1,01/09/20015,.., FL221,:,Highway for this project
EmpJ())!~r ID#/FID #; I ~e-Oar5~ 10 I
Full Address (including City. ST and Zip) and Email Addl'$liIliI
n""3 '8.W. 24t"t"'-~'Te~'"
w,e-m. \S'IS,TIliZAO) P'k '5~(;>-:$)
~
Print Neme:
Ch~ Q.I11\t,IIS applicable:
___ Contractor
__ SubcclI'itracto.f
__ . Other
4· CEI;fIFI(lATION RECEIPT
MiamJ;:I;l!'i~<Ii!:,C_Ol,Il'lty-PHGD
PageS
I
EXHIBIT S
CON.SJ!.RVC.TION·CONTRA.CT
"MUltipurpo.e Field Renovations at Murray Park"
I!,FP#PR20IS,25
THI~ C;QNTI\ACT wa'.I11.de and enterell into OMhis day of • 20_'_. by
and between (hereafter referred to ••
"Contractor"), and the CIt)' o/South Miami (hereaMr referr~.dt9 as ·'Owner").through Its City Manager (hereafter
referred t.o as "City"), .
WITNESETH,
That. the C.ontral:tor. for'~~e ~pl1sideratlOn hereinafta,· fully setou~her.by agree. with the Owner ".follows:
I, The ContractOr sh~11 lurnl.'h~11 labor. materials, equipment macninery.to.ol.. .pparatus. transportation
and any other items necessary to perform aU of tne work ~h9wn on and described In the Contract
Do.cuments and .hall de .everychlng required. by this COntraCt and the other Contrac:t DocUlJlents
hereinafter rel¢ered ~Q ~$.the Work,
2, The <;on:tra~ Do~."men~$ ,shall Include this Con.tract. General Condition. to the Contra~~ If .any; .the
draWings; plans. sp.dfJca~ions. and pr.ojec:t manual. i!any, any~"pplementary Qr '):redal ctmdltlMs, other
ooculJlents referring to this. cOlltract and signed. by the parties. the solicl~tlondocuments ("hereinafter
referred to as "Bld Documents") and any documents towhich.thos. <;lQliurnenl$ re(ef ""'hieh are used by
the O"",ner as well as any attachments or exhibits that are made a' part Qfany of (he QQ¢UmenWd •• cribed
herflln;
3, The Coo;racWshaU comlJlentethe Work to be per/armed under this Contra~ on·. dat&1'l1 ~e speCified
Ina Noticeto.Pra~eec!and shall campl'it.all W,;>rk hereunder within the lengl:h of time se. forth in the
Contract Documents.
4, The. Owner hereby agreeno pay to the Contractor lor the falthf41 parform~nce'Qf thiS Contract, $~bje.,t
1'l1 additi",n~ and dedllctions as prOVided in the Contract Documents and any properly apprOved, written
.change order$. Hl lawful mon~y of the~ United States. 'the amount of: (S~ll Ol>liar AmOUllt
h~) D<Hiar'($ ,PQ~, .Lump Sum ("Colltract
Price J
,').
5; The e)(pense.$ 01 performing Work after regular working hour~l and on Su!14aY'and legal hollday~ • .hall be
included In the. Contract Price, The CIl:)' may demand. at anY pOint in' time;,that any part. or all. of tbe
WOrk be periqrm.d after r"li'llar working hour" In such' even~th~Respondllntsha.1I have no rlghf to
additional .ompen,atl"~ for '\leh w",rk, However. n<)thlng <onlalned herein shall authorize work on day,
and durln~hour' that ate btherwiseprohibitedby ol1lioa!lce uril.essspecificaliyauthorixed or instructed in
wtltingby chI' City.
6, If the Work Is expected to requir~ more than one month. the Owner shall make monthlypartlaJpi\yments
to the Contractor 0" the buts ",I ~ duly. certilled and·approved schedule Qf values for th.:Wori<'.performed
durlngeaeh ~alendar month by the Contraqtor, less the recainage <all as "rovldedtorln the Contract
Dbcument;,;). which Isto be withheld by the Owner until cblJlpletion and .cceptance of ,be cQlJlplete
projeCt inac(:Ordan~e With this Contract and the other Contract Documenn and until such Wark,hu
beon acCept.<I by ~h<!City,
7, Up!?" 's.ubmis$i,m. by the Contraetor of evidenc .. satisfactory to the OWner that all labor, lJlaterial, and
other COsts Incuri\;dby the C;ont",ctor InconneClionwith the construction of the Work nave qe.en p~ld in
full •. and after compliance wlththe,te;rrl1,~'forpaYn1ent provided (or In the Contract Documeh.n, '~nal
payment on.aCCQum; of this Contract shall be made withil1 sixty(60)calendar.c!a~$ ~fter the completion by
the Contractor ohll-WorkcQvered bythl. Contract and the.acceptance of;$~(h.WQ.rk by the Qwner, a, Th¢ WQrksh.11 be¢olJlpJeted In 60 workinadal's, In the event that the COfitrac:tor 'hail fail to complete
the Work wl""inthe tlm¢Umitstip~l.ted In the Contract Documents. or the extended time limit \!greed
~PQn. in a«ordance with the procedure as more particularly '.et forth i.n the. Contract Document;,;.
liquidated dalJlages ,hali be. paid l>y the. COntraCt9r at the rate 01$1.390 dollao:'S per day, ptu.any monies
paid by tneOwner to .the Consultant. if any, for additional engineering and inspeCllon •• r!ice" if any,
associated with ,uch delAY,
I~I
llil.)!; Aperlod of twenty-four hours measured from we beginning ofthe d. y at 12:0 I a.m. and it shall be presumed
to be .• calendar day unless specifically d.$jgnate~ ~s'. ~usiness daY.
~: The numb~r of twenty.four (24) hou.period~fol.loWi~& W.e~.n~~o Whlc,h tho word "days" refers
commencing at 1.210.1 a,m. at the start of We next day. Therefore, in computing any periQd of time prescribed or
a,!lowed by the ConmctO<1cumen,i!. the day ~fth. ace, event or default from Which the de$lgnatod periodahlme
begin' to rU,n shaU not be Included. The last day althe,period sa computed.shallbeinclu"ed ufll.ss i,ls a
Saturday, Sunda)! or legal hallday, in whie!) event the period shall run untihheend ohhe next business d~y th~tJ~
notaSaturday, SundaY' o~ legal helJday.
Defeed .. \:York: Wack that is unsatisfaCtOry, faulty; or d~.ftcient In that. It does. not <emform to the Contract
Do,~m.nt§, .or does not meet th"requirements of anyapplitableinspectiiln, referencest:anclard. tesc, or approval
referred to In the Contract Documents, or has been damaged prlo,' to the. CONSULTANT'S r"commenoation of '
final payment (unl~ .. resp.onsibility for .die protection thereof has been delegated to the Owner): sub.stltUeions that
are not properly approved and.authoriZl!d, any q"nclency in the Work, materials .ndequipment: materials and
equipmendurnl,hedundEir the Conti'll" Wat arenotgoQd qualityano new unless otherwl.e required or
permitted by the Contract Documetlts,
BrawlnJl$l Thedrawings which show the character an4 ~Scope <ifth.;Wti~k to .be pert'ormed and which have be~n
pr'1pared or approved by the CONSULTANT, or If none,then by'M:'~hlte~i.Qr,i,"gilleer hired by the City and
are referred to in the Contract D,,¢uments.
Fjeld Ordet: . A ,weittsn order issued by the CONSl)L TANT which darmEi. or interprets the Contract Documents
in accordance with Palll,graPh 9,3 orord.rs minor changes In the Work in accordance with pai'l!gnaph .IO;~.
ModificatlQn; (a) Aweltten amendment·ofth. Contract ppcuments .igned by both parties, (h) a Ch.n~eOrd.r
Signed by both parties. (cj • written clarlflcation Of interpretiltlon If is'ued by the CONSULTANT in accordance
with ParllgraPh.9.9 Or (d) .' "'itlctanorder fOf minor chan~e ot' alteration in the Work Issued by the
CONSULTANT pursuant to ~rljgraph IO.~. Amodlficati.onmar onlybe issued afterexatutlon of the Contrat!:.·it
must be in Writlngandsjgned by. we parer ~nst whom'the'fUodificatlon IS sought ta ~. <lnforced.
NOl):CllOforminll \:York me.ns work tha, qoei n()tcQnformtO~h~Ca"tract Documents and includes "'Qr~ tha.i.
unsatisfactory.laulty. or deficient or that d.o.s not meet we requirements ahny applicable Inspection, reference
,t;l.qdard, .t.s~ or that,dlll'$ nQtme .. ta~yapprov.1 required by, <>rro,f<lrr!!d to in. the Conmct QpeumenlS, or
work that has b~eojdamagedprlQrto CONSULTANT's rec0mmenda,ianof final payment (unless resPoO$lbillty far
the proteCtio~ thereof ha:s been assumed in writing by CITY). .
Nptice of Aw,ilrdlTheWrltten notice by CITY to theapPa'rEi01; successfulBidder statlng~that UPI;," complianc<l with
thecondition •. precedentto .. be (ulfilledl>y it wi,hin We time. specified, CITY will execute and deliver the Conmet
to him,
Notiwto Proceed' A written notice given by CITY to CONTRACTOR (With cap.y to CONSULTANT) fixing t\Te
dateon which the Contract Time .shall Commence to run and on which CONTRACTOR shall Start tQ perform its
obligations .under the COn'tractDocuments.
&moo; An Individual or legal entity.
~'. The¢n~l'econstruction operation being performed as Qellneated inth. C~lntr.r;t Dpcuments.
~ TI).t~rm ··pollcy".s used in the Contract Documents shall mean the insura.nc •. ~inqer; if,·it is iss"ott the
declaration page of thepoli0"~l1d ", • .bPdy of the polIcy. including all endorsements.
lIEf; Request·for Proposal.
Scg!)!} of Semees. Thi. phrase refers to the s<ope oftn.services or work, to be performed and it has the sam.
meaninga' Scope of the Work unless the context in which the.,phase Is used clearly In'ans otherwise ..
Sbo~ prawin~; All drawingS, diagrams. Uiu.strati.6ns, brochures,schedules and other dataWhie.h are. prepared by
the CONtRACTOR,aSubconttact<;lr, manufacturer. supplier, or distributor. and which .illustrate We equipment,
material or .some portlon6hhewotkand as required by WeCanmct Documents.
Samples-Physical example, which illustrate materials,equlpment or workmanship and establish standards bywhl~h
the W9ri~vvill b~,I~d$ed. . . '. .. .
SpedflqtiQos; 'fhO:'5~' p,Q~pns' of-the ,Contract D_ocu01~nt$ q:)n§i~ting of written technj~,a.l"desc;t~'Ptions,of
materi~ls, ~INIPm~~.t; constrOction .y.t~m., standards and workmanshij> ••• ppljedtoth~Wor.k.
Subco'ltt;Sctar'· An':'indhlid:,)",I, flrm.PF ~orpQration ha¥lng,~" cUr~ct contract wldi CONTRA¢T(!:)R or ""itn any
other 5Mbcpntra(torfarth. performance ofa part afthe Work at the construction .Ite.
Substantial Completion; . Th~ dat~, ... «rtiffed by the C0NSVL TANT, when tne <onstruction of the Project or a
<ertWed part tMreQf Is sufficiently completed, in accordance with the Contract Documents, sO that the ProjeCt> or
a substantial pare, <an be UtiilZ'ed for the. purposes for which It was Intended wlWou! restri(:tlon or limitation to
any degree. othe,' than for the rePair of minor "punch .lIn" items: or If there be. no such certification, the date
when flnal.paymentlsduernaccordahce with parl\graph 14.9. However. in no event shall the proJector portion
Il4
thereof. ~e deemed 10' be sub'tantially completed until ilc¢r>ificate of o.ccupancy or certificate.of use is Jaw/ilUy
issued by the applicable.governmental agency, A c;ellificat. of Suhs!llntial Completlon.luued by the
CONSULTANT, shall be o.ull and void If it is based on fals!'. misle.adlO'g .or'lnaccurate I""'rmatlon, from any.ouree,
Or when it would hot h~ve beeni,.o. butforthe consideration of Work. tha1; is the~eafter found to be defective t6
a degree greater than thatwhich,WQuldnormally to betonsldared by the City ;0 be mihor':punch list" work.
SYIlPlier Any person or organization Wh9s~ppllesmaterlal,or equll'mentfonheWorK, inc!udlngthe.t.!brlcatlon
alan item, butwho does nO"I'E!rfarm I~~oratthe si'. 9!theWork.
~ The individual. or entity who Is~n obllgor"n .I;!ond an~ who Is bound with the CONTRACTOR for the
full ~ndfaithMp.rform.n<eo(the Contract andfa~ th~. payment of all Jabor, services.nd materials used on the
project
~ Any .nd all obligations, duties and responsibiilties nece,sary for thesucc!ils,ful performance and completion
of-the Cbntract.
~ The term "Notice" as used her~in ,hall meM andincl.utleall written notlc..,., dem.nd., in.tructions,
claims, approvals and disapprovals required to Obtain COmpliance WI.th CpnmC( requirements; Written notice
Shall be deem!idto have be.n duly served if deliver\ld In persQnto th.,indMdual or to a member afthe firm arlO
ali officer of.the corporation for wrromitls intended •. one;> an authorized repre.Mli!dve. of such Individual, firm, or
carporatlo~, of If d~livered.ator .entby registered mail to the 'ilst known l>~sln.es' *d.dress.Unless otherwls.,
stated In Writing. anyntltic~ to ar·,d¢mand upon th.OWNER ,,"derthls Contract shall ~e qelll'eredt9 the City
Manage ... ndthe CONSULTANT. . .
4BTICLE2 -PBELIMINARYMATTERS
'.~
2.1 The CITY res¢rves thEirlgl!t tp reil>~ta/l>" .... dall. Bids. at Its sole diacreti",,: Bids. shaUbe. awarded
by the CITYta'th.low •• t.r.~ponsiv.and responsible Bidder, No Notit'eof A.ward sh.ll/;>egiven ~n~ilth.,
CITY hasconcluqed IWinye.tigatlon, as.it deems ne, ..... ary, to e,tablish,toth.satiShl,tiOn.af the CITY;
which Bidderisth. ri)lIiUeSPllns,ve and responsible I>f.1I the' Bidder, toconJplete th.Work within WI1i
time pr<ascribedand In ',accordance with the Can.tract Oocpments. ihe CITY reserve' ,the right to rej$ct
the Bid of any Bidder who Is not believed to be. in the sale dlsc"eli!!)n and satlsfaction olthe City. to be'
.ufficle(1dy respon.ibJa, qualified and financial abJe'to perform tlte work .. hi analyzing. Bid, the CITY may
al,O take Into consideration alternate and unit prices, If req4ested by the BId forms. If the Co.ri.rac, Is
awarded; the CITY shall Issue the NOtice of.Award and give'the successful Bidder a Con.rac. for
execu.tI,," wlihln nineo/ (?O) day.lteropening of Bids.
Execution qf C;:QP~'
2,2 At lean (pur cpunterp.rt!> oft~. Cpntrac~ the Performance and Payment Bond, the Certificates of
Insurance. the"l!I,~d«r of Insuranceifi$s~ed,th.lnsurance Declaraiion, Page If hot included In the Poll~ of
Insuraoqe, the Potii:y of Ihsurance requlrecj -bY the'-Gqntract-D:9,C;;,ument$, the-written notic.e _of deslgnat-ed
'upervlsor of superintendent as, provided I. Section 6.1 of the. Ge"".i conditions and such o,ther
Documents as r;tQulred!1ytnl' Contract DocumentssWall beexecuted~n~ !!ellv,er«i bY CONTRACTOR
to tiTe'CITY wlthi.n (00.(10) calendar days ofrecelpt .. oftn. No"ce of Award: A Coneract Docum .• ntt~at
requires the .i~nature"fa pacty mal' 1>.,exjlCuted In <o"ntarparls .eparatelroy each of the parlies and, In
such event. each counterpart separ.tel~ executea,hall.withput prop! or accQ~"tlng for th.e other
cauhterpartbe deerneqan orillinal Cantraet Document.
forfeityre_Qf_~!d Se,cu,ti$,Y'fertormanc¢ and Payment Bond. _if any aRe req~,Ji~d ,QY thg applicahle-REP:
2.3 Within ten ~IO) .. Iendard.y. of pein~no~fied atth.Award, CONTRACTOR shall fUrniSh a Performance
(!",n.d and. Payment Bond containing ,II thoprovi,ions of the Performance Sand and Paymant Bond
a.t:ti;thed.
2.3.1 ~ach BQnd shall ,be in ,h. amount of one hundred percent (100%) (lIthe Contract Price
ll1Iar;Ulteeing to OWNER the completion and performanc;eofth.W"rk COVered In ,uchCantrac,
as: :we)f,;;as -fut!. payment of aU SURPliers, material man, laborer-sj or Sube:ontractor employed
pursuant to this ProjeCt. Each Band. s.hall be. with. Surety company whose. qualifica(lons mee~ .the
requirement. olSections 2.3.4. 2.3.S;.nd 2.3.~ .•
2.3.2 Each Bond $h~1I continue In effect for flve year.fter final compl.etionand aCCeptance of the Work
with the lIa~iIi~eq~.1 to one h~ndred percent (100%) of the Contract Sum.
12$
23,3 Pur,yaQttQ!l1t; rt;quirements ofSectlon25S.oS(I). flQrida S1!a.tu~et,·,(;ONTI\ACTOIl.:.$ha"<losure.
mat thelkmd($) referenced.bQveshall be recorded ihth~pu\>litr~~Qr#ofMiaml-Pade.:C!:>unl¥
~~<I prQvid~ C!TY .wlth ev[deneeof.$uch recording,
2.3.4 Each Bonclm~st;be'IXec~~~dbyasu'el;y comp.nY'authOriXedtQ do'bu'ine,'in the Sllite pI Florid.
a,a ,ureo/,; havingaresid.ntagen,·ln the ~tate of;FIQ~ldaafld having been in business with. r~cord
ofsucceufukontlnuous operatipMor. le.,~ flve.($) year$.
2.3.$ Thes.u.rett~~mpany shail hold acurrenNereiflc.t. of authority a. ac""Pt,ble sur~yoo federal
bond. In .,!;ordance wl!h the United States. Department of Treasury Ch'c~lilr S70,c~rrent
revisions.
2.3:6 The CITY $I)ali. only b" required to accept a surety bond from acompanywitha ratingA. VII or
better.
2.3.7 Failure.pfthe.$uccessful Bidder to~~~u~~ !!li.d deli~i\r't~.e CQntrac~anddeliver the required
b'mds"and ..Insurance documents shall be cause fOr the',CJTY J:l;l' ann~1 :lI\e N9tice oMwardand
detJ~tethel!ld "aod.any security therefore, forfeited.
Conl~Ws !!te-~!ilt~ R'Rr!:i~eO!,rjon'
2.4' CONTRACTOR r"pres'!nl'! that it has famillarlZ!ld il;SeJfwlth, and assumesfuil responsibility for having
famlliarized·;,ltselfwlth the nature,anll elttent of th.e Contract Documents, Work, loe"llty; and wJth all local
con~UtjQns andle.deral, , ... teand local laws, ordinance, r\ll.,. anq regulations that may In any manner affect"
performance ofdle'Work, and represencsdl.tit has correlated Its S\udYafldoilsel'VJltlons. with :the
requirem .. n~ of theContra~, Documents. CONTIIACTOR also represents that it bas studied all '"IiIey.
and investill"tions, ,reports of subsurface and latent physical conditions referred to in the spetfficatlQ~S
and made such additional surveys and Invesclgatian,., It deems ne"",sary for !he performance ofthe
Workre6ected intha Contract Documents and that he hascorrel~teq dleresults of allsuchda ... with
the requiremen!$;;of the:,Conttact'Documents.
t;Q?,p'epwrnenrof CQnt,nJg Ti,tp~;
2:5 The Contract Time shall rommence ti:> run on th •. ~at!" lI~te~'lndle NOtiCe to Proceed.
Stahl"&, the ProjeCt:
2.6 CONTRACTOR shal! start to pertormit. obligations under the Contract Dacumen.,. on the date :the
ContraCt Time commence. to run. No Work shall be dem. at the. site <as defined In Article I), prior to
the date an which theCalitract Time commence. to rUn, except with the wrltten,ons.ent of the CITY.
Bef6~ Starting CQ0strytciQo:
2:7 a¢:ore.u~~ert:aki~g eacl\.j1;lrt QHhe W\)rk.CONTRACTORshall.c1!tefulJy.stu~Y,:l\l1ij'·comll'it~ the
Contrac:t'Documents:.-and chee.k and. verify PQl1:inene f~l,W~$ shown--thereon and aU applicable flelq
measurements and conditions .. Itohall atone., repart)o wrlting;o CONSULTANT .nreanm't, 'Irror, or
discrepancy which itmay discover. Neither 'he OWN!:R nor ,I)e CONSUI.TANT sh.1I be liable for any
harm, damage orlCiSs su!fared by CONTIIACTOR as a r"sult"f!ts failur. ,0 discover.ny conHi't error •
. ordlscrepancy in .the Drawil1l!s or'specificatlons.nor shaJi tlhe CONTRACTOR be endde to any
compensation for any harm, damage or 10$$ suffered by to. CONTRACTOR due to any conflict:. error.
(>1" cfis(:repancy io-the--Contract Documents.,
S<:hedule Qf CQlDpl~ti~1"'
2.2 WithinFlve(~) bu';".".". days after <,ieUvery olthe Na,lce to Proceed by CITY to CONTMC;:rOR.
CONTRACTOR shall submit 'a CONSULTANT for approval, an estimated construct;ion schedule
indicating,the .tartingand'compl~tion d.~"s 01 the. varlpusstages of'dle Work,and a preliminary schedule
o/Shop D.rawing.submisslons. The CONSULTANT shaJi approve this schedule or require revisions
therel:O withlo seYen (7) calendar dars of its submittal. If ther", is more than one CONTRACTOR
InvolVlld i.n the PrQject:. the,responslbility forcootdinatingthe Work of all CONTIlACTORS.shall be
prd.videdln theSpeclaICond(!l0ns.
2.9 Within five m busjoe.sdors after d.lli!~ry of the e1<ecu.ted C::ilntra'tPy CITY ""CONTRACTOR, o"t
bef"re ,tartinll the Work at ,he site. a pre-cc>os\fuction COnference.;,h •. 1I be. hel'lta review the above
schedules, to establish procedure. for handling Shop Drawlnll' and other submission., andJor processing
Appllcatlonsf!?r PaY'lJent, and to establish a workin~ understaridingb.tWeent~e partieS as ,0 the Project.
126
Present at ,hecohference will be the CITY'S representative. CONSULTANT, Resident Prpject
Representatives, CONTRACTOR and its $uperintenden"
Qualifications pfSubcQotragtQ(,$. Materia;! men and' '$uPR!l!l~rs;
2.10 Within five (B)buslnes, day. after bid opening, the apparent loW •• t respo!l~iVe. and ~ •• pon.!ble Bidder
s.hall.~,bmit to the CITY a"dth. CONSULTANT for acceprantu list of th~ nam._ of Sui>!:ontractors
.ndoyeh lither per.a"' and organlntlons (Including tho •• who are ,0 furnish "rloeipaliterns of materials
or equlpment)pI"<?pOsed f"r those portions oitheWork as tn which theldeotlty of Subc"ntractors.and
"therp.erson.and organizations mus' be submitted .. specified In the Contract.Dol:umentll.Wlthln
tNrt)I{JQ) c.lendar days after receiving the Itst, .the CONSULTANT Will notify the CONTRACTOR in
writing Ifeltller the CITY or the CONSULTANT has",~sonabl. ~bjec~l"n to any Su~contr~ctor. penon.
or organization on'sychli,t. The faliure.of,he CITY,or',he CONSULTANT to m~~ .. objeqion,oany
Sub~or(trac;t"r" persoh.de Oflllini>;.tio"0" the iI$' wld!in thirty (30) calendar days"f th~' receiptsh.11
constitute an accePl'Ihce ofsil~h 5ubc'mtrac,or, person or 0tganization. Acceptance of any such
SubcontractOr, person or organization,hall",,! cpos~itute awaiverohnyrlght,of ,h. CITY Or the
,CONSULTANT to reject. defective Work; material or eqUipment, or any· Work; material ,or "!Iulpmen,
:np~ jO',,~onformance with the reqUirements of the COl)tract __ [)ocl.j.nients.
2.11 If, prICit't,,··,he Notice of Award. the CITY or the CONSULTANT has reasonable.qbjectlon to any
'Subcontractor, ·personor prganl~tlon listed. thee.pparen, low Bidder may, prior to Notic~ of Aware!,
submit a~ acc.eptat>lesubstitUle Without an ifICraase in its bid price.
2.12 The apparent slience ofthe GoneraotDocum.nl'~~"o anyd.,tilil, or the apparent .qmisslon from them of
a detailed des<rip1ilon concerning any WOr/ftO be do.n. and m.terials to be furnished, shall b. regsrded as
meaning tll.tonly best pra~ces .• re to prevail and 'only materials and Workmanship Of tne best quality are
to be used in th~ perfornjance of the Work.
MT'CLE.3~C()RREL4TIPN.INTEIlPIlETATIPN ANPINTEtIT QFCONTRACT'POCUMIiI'lII
3.1 It is the intent of theSp.clncoeions and Prawings to <I.es(:ribe a completePr<ij"c;t to·,be constructed In
ac~o,.qance with the"Contract Documents. The Cr;m~r~~t Do(:ument,$ c,o.mprise ~h{i!,:entire' Contract
betWeen th.OWNER and the CONTRACTOR. They may bealt.ered only by a modification as defined in
Atticle I.
3.2 The Contract DQcum~nts are complementary;. what is caliedfp.r by one is as binding a! if Cl\lIed lor by all
the do~uments~ If CONTRACTOR fln<\s aconfller. erro.r o.r discrepancy in to.e. Centract Oocuments, it
Shall. bef<;>r;, proceeding with the Work affected thereby, jmmedi;I~ly,call it to the CONSULTANT's
·atten_~iph i.!l wrh:ing. The-various ContractDocumeints are complementary;.in cis,e of confli<:t. error o,r
discrepancy, themorestrlngent interpretation and ",quirameot th.Nhail ptQ.id~ the maxlmu.m .berieflt to
the Ownershll/i apply
3.'3. The w6rd&. lI(uroishi
• and -"furnish ,and install", "install" ~ an¢ "pr~vtq,~'~' Q,r:'won:l$ ·,wlth sfmilar-_meanin$i,:shafl
be· interpreted,unless otherwise specifically 'l'Ited, t<;> mean ."fllrnish .. and installcomplete;n place and
ready fpr service",
3.4 Miscellaneous items. an<l acce.sories which are not specifically mentioned, but which are ;e ••• n~altO
produ~e·.'c<>mple~!'Jncl proPerly opera1;inginstallation, Or usable struoture, providing the indicated
functions, .hall be furnished and Installed ""ith0ut change in the Contract Price, Such miscellaneousit_ms
and acte .. orle~ $na/I be of the same.qualitystimdards. ih~l~ding materia" style. finish .• ~r~nJ!th, class,
weight and ether applicable ~h .• ra.cteri$ti.C$.'s specified for the major component of Which the
miscellaneous it:e'm or atcessory .1$ anesseolial part. and shall' be. approved byehe CONSUL TANTbefore
In.tall.don. The above requirement is not intended to indude majo,oomponents not covered by or
inferalilafrom the Drawings and Spetifi.cations.
3.S The Work of all trades under this Con.tract shall be cooq:llnilted bytheCONTRAOORln such a
manner .sebt;tln the baseworkman,hip possible lor the Ilntir$ ~roi.cll M<hllc0"1ponentsofthe WOrk
shall be installed are erected in' accordance with the best praCtielf. of the pali;.iculartrad •.
3.6 The CONl'RACTO:A shall be responsible for making. the constructlbn'dfM~ltable'1fuctures under this
Contract rain proof, and lor making equipment and utility installations properly perform,'th" spe<;ified
fun<;tlon .. If the CONTR'ACTOR Is pt"vented from complying with thIs "rovlsion due to the Drawings or
SpecjfJcaiion$, the CONTRACTOR. shall immediately notify the CONSULTANT In writing Of such
limitationS befQt. proceeding With construction in the area wher<l the proble", el<i"s.
3.7 ManufaCturet'sliterature,when referenc~d,shall be dated and numbered and islntendedt9 •• tabU~h the
minimum ,equirements acqeptable. When eyer reference is given to codes, or standard specifications or
127
3.9
3.10
3.11
other data publl.h~d py regulating ~enci •• Qr accepted Qrgani2lltio~s. including i)ut nO!; limited t.o
National. Ele<trlc.1 eOdej.pplic:able State Sullding Code. Florid. BulldingC!Jde; Federal Sp.cifit~tIQ~$.
ASTMSpecificatloNs. varl.,u, institute speclfic,ti.," •• and the Iike.it.llall be underst"Q(/ that such
reference is to the lateot editlon indudlngaddend. In. effect on the date of the· Bid.
Brand Names vihere used in the technic'!.'l'edflc.tions,are intOlndedto denote the standard or quality
required fc;;r the pardcular material-or· product. The' te'rrn: .Iequatl C)r "1!!,quival,Em~". when used in
conilection with ~rand names,. ,hall be interpreted to mean a l)1;lterlal Qr prQ<!ue~ that is similar and .equ.1
In type •. q~.allJ:Y,$i.;e. ~.paclty, CQmPo.j;ion.finisn. calor and "ther ~ppliailhle~h~r~~e[istlcst(! the.mate"lal
or product specified by tra<le name. and that IS sMitable for the same us. capable' a/performing the same
function. inth. opinion of the CONSULTANT, ·,asthe material or products" spedfied, Propos~d
equivalent Item. must be approved by eONSULTANT before. they are purch .. ed or incorporated in the
Work. (When a brand name, catalognumbel', model number, or o£h.r ldemlficatlon,l. used without the
phrase. "or equal", the CONTRACTOR shall use the brand .• make and model specl.fted).
Throughout this agreement the male pronoun mar be SlJb.t'ltUted for female and neutorand 'lice vel's,
and the singular word'sub,tltuceq for plural and plural word.substiwced for Singular wherever
applicable.
All technical Interpretations Shall be made by dl~ CONSULTANT as set forth In Section 9 .3 bel<>w.
Th.CONTRAeTOIle ,haU .advlsed the eONSUL TANt. prior to performing anY work Involving a conflict
in chl' COlltra~tDocum.ntsandthe CONSULTANT .hall make.tl)efinal deciSion as ct· which of tbe
documents shall take precedence. In the eVent that there Is a cotJfliCt betWeen or among the eohtract
Documents. o"lythel"c"st version shall apply anddle 'atestverslon of the Contrilet DocumentS .. The
CONSULTANT shall us. the {ollowingllstof Contract DOcumen!li as. guide. These documents are set
forth below In the .onl.r oftheil' precedence so tha~ !!I'. the d9cutne.nts ",ted .abc:>ve a given dntument
shoulQ ha~:e Pf.e~denceover all th.~oc.uments lI.ted'belowi~
(ol Gh.nge (ilrders
(b) Amendments/adq".q. to Contra.ct
(e) Supplementary ~o,n(jltlons,lf any
(rl) Contract with all El<hibits there.to
(eJ Geaeral CQndltion",
(I) Written or figured dimension.
(8) Scaled dImensions
(tTl DraWings of. laraer scale
(I) Drawings of a smaller scale , m Drawings and. SpecIfication. are to be considered complementary to ""ch.other
ARliIC::l,e 4 -AYAI'-AIlILlryOF LANDS SUBSURfA!:Ef;0NDI'lIQNIj R.E.fliREN!:1ii POINTS
AyaH8bH'h;,v',qf LaQclS'J,
4.1 Thll!.·OWNeB..haILfurnj.h,.'lndi¢~t"qlntheContr"ct Cj~cl)tm!ntsj thelands~pon which the Wa"k Is to
Qe ,dane; rlghtN>f'w.y foracee •• thereto. and .. such o.m •• land~ which ,ce q.slgned for ,h •. u.oof the
eONTRACTOR .. lias.ments for permanent structures or pe~maneqt thange,lne?<iStiojl'.faclHtles will be
obt;iined and !ialq far by th.OWN~R. unless ptherwlse.pecified I,nhe eontractDocun)ents, Other
accessto.such lands Qr rlghts,o"way for the eONTRA.CTOP,'S convenience shall be the responsibility .of
the CONTRACTOR.
The CONTRACTOR shall provide for all addltlonallond. and aceesuheretO tha, may be reguired far
temPQrary constr\Jctlo~ f.cillties or storage of materl.1 and eqUipment.
4.2 Th. CITY will. upon request. furnisnto dle Bidders. copies ohll .vallable boundary .urveys and
subsurface tests at no cost;.
5Mbs4Mace Condition,;
4:~ Toe e'ol\I:nv.<:;TOR acknowledlt",that h~ has iJj\'estigated.prlGfto !.ilddlngand •• tlsRedhlmself as to
the coodl!:iCli)' affecting the Work. including but not limited '0 thoSe bearing upontranspoftatlon,
dispo.al, handling .ndscorllg. <;>f materlals.avilllabliity of labor. water, electric power. ro.d. and
uncertalndes of weather, dver stage_s.-tides. w3_ter tabl~~: 0,1"'_ similar physical conditions at the $jte~ the
conformation and conditions of the ground. the character of equipment and facilities needEfd preliminary
co .• nd during prosecution of the Work. The CONTRACTOR fllrtheracknowledges tha' he h .... satisfied
himself as to the charaaer. quality and quantity or surface and.ubsuMace material. or obstades to be
entountered insofar ,a~ thi$ -infon.n\.\~ion lS,:'re'lson.a,bl,y ascertainable from ·an-,inspection of the ~it~~
128
lnGludlng all exploratory work done byt~e OWNERICONSULTANT on me site or any contiguous site,
.a$ weU .'IS' from. information presented btme Drawinglfan9 Speclficatiofls made part of this Contract, or
,nyother inform.tl"n made available. to itpriorro rece'ptof bids. Any fiI;lure by ,he CONTRACTOR to
aequ.lntlt&l\Jfwlth the'availableinformatlon .shall natreliev. it frotnrllspansibility!orestimatlng prQperly
the.difficulty or COst ofsuccessfuUy performing Work. The OWNER .,sumes no responslbility/or,.fly
condusions or interpretations made by theCONTRACTORoMhe basis ohlle infortnat.I"n marle
availabl. by th •• OWNERI CONSULTANT ..
Qlff~(lDg Site CondjtionS'
4.4 The C()NTRACTOR shaU within forty. eight (4S) nours al Its dlscavery, and bel are such candldans are
disturbed, notify the CITY in writing •. ,,/:
4.'1.1 Subsurfac~ or I~tent physj¢.1 ~om;ljtions atthesite.dlffering materially from those Indicated in the
·'ContraCt Documehts; and
4.4.Z Unkno ..... n phy.icalconditlons at the'ite, of an unusual nature. differing materially Iromtho,e
.ordinarlly l!.ncounteredand generally Inherent .In Wark 6lthe character proVided fOr In this
¢ont ... ~ TMCITY shall promptly,jnvestlgate the conditions. and if i<'fInds that such conditions
dO tnaterlally dJffer to the extent as CQ cause ahjnc!reasllO" <:Ieerease Int:!>. CONTRACTOR'S cost
of. ,,,me time required for, performance of any parto! the Work undert~isCl'ntra!;\:. an
equitable adjustment Shall be m.deand the. COntract modified In writingaccordin&ly.
4,5 Na claim .of me CONTRACTOR under this clause shaUb. allowed unless the . .cONTRACTOR has &lven
the notiCe. reqUIred in 4.4.bQve;provided, ho ..... ever.tlie tirne presc,ribedther<i!fore may beaxtended by
the CITY, but only if done In ..... riting signed by the City Manager or tM CONSULTANT.
ARlfICLE !ii-INSURANCIContrac,or $hail comply with the insuranc. reqUirements s ... forth in the
Supplemental)' Conditions totlie Contract.
ARTICLE 6 .COHTRAC;mR'S RESPONSI!lILlTIE$
$upebdslpb !lOd $u~rin¢ngeoee'
6.1 The C9NTRA<:;TOR shail supervise and direct the Work. It shall be solely responsible/orthemeans,
methods. tl!<:!\niques, sequenceS and procedures of construe' Ion. The CQNTRACTOR snaile.mpl<,>y and
maintain a quafifled supervisor or .upetintendent(hereinafterreferredto as "Supervisor" at the Work
site who shall be designated in writing by the CQNTAACTOR, belQr. the CONTRACTOR commences
me Wllrk .n"within the time, required byehe Contra~ as the CONTRACTOJl;'S representative at the
site. The Superv!.,,. Of sbllesignate,;f,shall 'h.avefuli authority to act on "ehalf of the CQNTRACTOR·and
all'communi(atlonsglven to the SUj)ervlsdc$~.ill>e "I>iodlngas ifgiven'to the CONTRACTOR; The
Sqpervl.sor(s) shall be present at each site .at olbtimes as required ta 'performadequate supervision and
'<;o~r(Unation of the-WQrk'f(Copie$ of written communications gi~n·"t.Q th~ SuperviSQr shall be-mailed to
t~t CQNTi'\ACTOR'ShomeQffice).
6.1.1 Th •. CONTRACTOJl; shall keep oO.erecard copy of~1l Speclfica.tiolis, Dtawlnglf. Addenda.
Modificatil'nsandShop Dr.'Wlngs at the site at all times and in good ord~randannotated ta show
·ail change. made d~ring the constructiQn p.~oces.s. The.se..hall b. availableta the CONSULTANT
and anx ·CITY Representativ~ at, all-reas()nable time:s,' -A, ,set :Qf-.tAs-e:l.lilt~:' 'drawings;. as w:ell as the
originalSpeclflcatlons, Drawings. Addenda, Modifications and Shop PraWings with annQtations,
shall bema<le;:wailable tQ .me CitY at ail tim •• and it shall be deli •• red to the CITY upon
completion ofthePrQject.
j"abcu:, _Mat§'ri~!s ',and· Eq,u!pment:
6.2 TbeC9NTAACTOR shall provide competent, ~uitabiiquaJjfied personnel ta lay oUt me Work and
pert'"v!n ~9!)!i!ir~.ction~$requlred bytheContractDoeuments. It shall at ali·times maintain good
disoipline~nqQnjeratme$lte.
6.3 Tbe CONTRA(;;TQR '.!)all furnish all. materials, equipment. labor, transportation, construction equipment.
and machinery,toals •• pplian.es,l~eJ, P9~er, 1l8ht. h~.t..localtelephone. water and sanitary facilities and,
'III omer facllitiesanc:J incidentals necessary forthe eXecution. testing, Initial operation and completion of
th.Work;
6.4 An materials and equipment shall ~e new, except as otherwise prOVided in .theContra.t DocumentS,
When .• peclal makes or grad •• : of material which are normallypackal!!ld by me supplier or tnanufacturIlr
12'
~re specified or approvad.sueh materials shall be.de)lvered tci the site in their original packages or
containers with seal. unbroken and la!>elsinuet.
6.5 All materials and equipment shatl',be applied. InStalled. 'c'lijne" .. d, ere""ed.used.tleaned:and conditl!;med
in. accordancewithth. in.stru.cti"n. ofth. applicable manufacturer.Jabrieator. 9r proceSSQrs,el<ceptca.
otherwise provided In the Contract D.ocuments ..
Work. Mamdals, BqulJIUn$:lOlii Products anel -SpbstitUppOSi
6.6 Material.s, eqUipment and p"oducts ilicorpor~tedin the WorkJ)lOst be approved for'us. before being
pyrchasedi;)y the CONTRACTOR. The CONTRACTORsnaU,ubmit to the CONSULTANT • list of
proposed .materla.ls. equipment or products, together With. such.anipl~sas may p.nec~s5llryJerthemto'
determine their a¢ceptabillty'!IJ1cj.Qb!;!in their approval, within ninety ('O) calendar days after aWard Qf
Contract unless o,hliffwis. stipula~~#Jn !~e SPecl~IConditi!>ns. No request for paynient,f¢r "9f equal"
equipment will be approved until thi~ list: has been r.,ceived ,and. approved by the CONSULTANt.
6.6.1 Whenever. material, article or piece a/equiPment Isldentl~.d 1m the,Drawings or S'fleOiftt:ation.
byreferenGe to brand name or catalognumber, It 'hall be undergoodth.t tbis ls.ref~renced for
the purpose Qf deflningt". perform.ne.orether .salielit req[)irelT\ents'a~d $.,. other prQdu<;cs of
equal capacities, quality and fun""ion shall be considered. The CONTRACTOR may re,qJi!tnond
the substitu!:lo.n of a material, an;icle, or piece of equipm.n~ of equal substance and {unction for
thos. referred to in the COntract Documents by reference to brand name or catalog number. and
if. In the opinion ofthl! CONSULTANT, such m~terial, al1!t!.,or plCj<:e of eqUipment is of equal
sub.tance aod function to that specified. theCONSULTAN,T may,approVe its substitutl"n and use
by thllCONTRACTOR. Incidental changes or extra. component.parts reqUired to accpmm"dat.~
the subliti!ute will be llIade by the CONTRACTOR without a ch.nse in the Contract Price or t~e
'C.ontract TIme.
M.4 No substiMe .shall be ordered or installed without .the wr!~teriapproval afthe CONSULTANT
Whoshall'/;Ie the judge of quality;
(1.6.3 !\lel~yC)iUlie¢l by pbtainlng approvals for substitute materials shali not be cQnlil~erecj justifiable
:groundsfQr anei<tefisiqn <;>f construction time.
6.6.4 Should any Work or m;>!,!r!als. equipmery~'<lr prQdw~ts not c!>nform to requirement. of the
Drawings and Speciflcations Or become damaged ~ur!ngthe progres.sof.the Work.su~h Work or
materia). shall be removed and replaced •. together with any Work 'disarranged. by such alteration •.
at any tlmebefore completion and acceptance of the ProJect. All such Work s~all be done at the
expens .. of the CQNTRACTOR,
6.6.5 Nom.terialsor supplies for the Work shall be purchased ~ythe CONTRACTOR or any
Subcontractor subject to .nych.teel m,orrgag~ or und~r .aconditional sale or other.,reement by
WhIch an lmerestis retaln.dey the Seller. The CONTRACTO~ warrant. ,hat they hav." gOQd
titli~!l.a/l maWI.IS.and suppftes used by them'ln the Wt)rk;
6.6.6 No!i"i"nfQ.rJi!I~ Work: The. City pf South Miamimay withhold acceptance of,or rejel;ticolTl'
which are f"U!19 uPQn.x/lniinatiQn. nQt tQ meet the speCification requlremencs'or'c,;mf6rm,tQ the
plans.nd drawings. Upon written nQtlflcation of rejection. items .shall be removed or'iJl'!lnstalled
within five(5) busln ... days ,by tne CONTAACTOlht hiS oWR$lRense"nd red.liyered III1dior
reinstalled at hi. 'lXpense. Rejected~Qods left longer than thirty (3() c'.lendar d"ysshall be
regarded as ab.andoned ,aM th.CITYsha.1I have the right todispos.ot them as its own propertY
and the CONTRACTOR there~Y waiyes any Claim to the good or to compensation ahny kind
for sa;dgQpq,. Rejection for non·conformance or failure to meet del/very schedules may result in
the CONTRACTOR being fQund in default.
6.6.7 In ca,oof default III tOe CONTRACTOR,the City of South Miami maY Ptllcure,th. <l.t1;icles or
services from o.ther 'QW'cos·oud hold the CONTRACTOR responsible for any Ill«:ess co$ts
octaslone<;l or incurred thereby.
6.6.8 The CITY reserves the right, In the event the CONTRACTOR cannot provide an ioom(s) or
seI'Yice(s) In". timely manner as requested. tp o.btaln the good andlor services'fromother.sQurces
an~ dedl!ctingthe-cQst-from the Contract Price withQut violating the,: int~ht of th~ C(;mtra~t.
,gacernine Sybcontracwr~;
6;7 The CONTRACTOR shall not.employa~y SYbcolitr~ctor, against whpm th~CITY or the
CONSULTANTm~yh~vereasonable objection, nor will the CONTRACTOR be required to employ.n),
Subcontractor wbo h.~ bf\enaccept!'ld bydre CITY and the CONSULTANT,unle~$:,the CONSUlTAN'l'
determines, thattnel'l!! i. good cause for doing so.
6.8 The CON'l'RAC'l'ORshail be fully responsible for all .~ and omi •• ions,,! Its$,~b~ontraetorH\1d:'of
PIInon. and organizations directly or in<llrectly employed by it andofpersons.and organl~atiQM far
wijQS~ am a"yortham may be Ii.bleto the $.me,exteptthat>they are responsible for the act:! ,and
oO)i •• ionsofpersQn.di=dyemployed by them. Notliing.in th,. Contract Documentsshali create any
,contractual relationship between OWNER or CQNSUlTANT and any SUbcontractor,or other person or
organil:atloi\having .' dlre,ct cpntratt with CON'l'RACTOR, nor shall It create any obJisation 00 the part
of OWNER or CONSULTANT to pay pr to Stle to payment of any Person"due,subcontractororother
person or organization,e>(cept ~s may otherwise be required by law.O'l'Y:Qr CON.SU~ TANT may
furnish ttl any'_Subcontractor-of! other person -or organiz.l:\tiqn.J:o:the extent' practiC8:bl~_, evidence-:o.f
amounts. paid to the CONTRACTOR on account of specified Wqrk d.one In a«ordanoewlth the
schedule Va!ues~
6.9 The dMslon. ands.ec;lon. oft"e Specifi~atiQnsand th.,idantill'~.ti()n!9hny Drawings shali naHcnttal
the CONTRAC'l'OR In dividing.t~e WprkamQn/l:Subcantractors oc d~lin"tingtheWQrk performed by
any Specific trade.
6.1 0 'l'he C:ONTRAC'l'OR'agrees to 'bind sp~~I~cal.ly eVery Subcontractor to the applicable terms and
CQnditions ·qf thel,Contract Documents (or the benefit Qfthe OWNER.
6.1 I All Work pi!rformedJor th.e CONTRACTOR by a SUbcontractor shail be pursuant to an appropriate
agreement between th~ CON'l'RAC'l'OR and the Subcontract(>r.
6.11 Tlte CON'l'RACTORshaU be respon$lble for·th. coordination 01 the trades., $~b.c.~n.tl'l\ctor' materlliJand
men ensaged upon their Work.
6.1~. I The CONTRACTOR shali caus" appropriate provision. to be Inserted inallsubcomracts relative
);Oth~ Work to bind Subcontractors to the CCjN'l'MCTOR bytlietl)rms at these General
CQrldltion. and other COntract Oocuments insofar asappli~ble to the Work of Subcontractors,
and give the CONTRACTOR \he $<I.me power.s regards tpterminating 'my sUb<;on.tractth.t the
OWNER may .exer<;iseover tit .• CONTRAC'l'ORunder any proVisions of the Contrac.t
Do,\:umentS.
6.12.2 The CITY or CONSUL'l'AN'l' will not unq"l'taketo settle any differences between the
CON'l'RACTOR and their Subcontractors or bemeen Subcontractors.
6.12.3 Ifill cheopinlon of the CONSULTAN'l', any Subcontractor on the Prllj<\<;1':proves to bla
in~ompetent or otherwlseunsatlsfactory,. th~y shall be promptly replaced bytne. CONTRACTOR
hnd when directed by the CONSUL 'l' AN'l' in ",riting.
6.121'1 DJ!crimlnatiQn: NPactio" shaU be.taken by the any subcontraqor with regard totha fulftlhnent of th .•
terms of \he sutlcontrad, inciudlngthe hiring and retentlonof employees Ji;>" ~heperformance of Work
thatwould,dlscriO)inate against any person on the basi. of race, color, cree~. religlcm,.l1ational origio. sex,
age, sexual orie"ta~on.Jarniljal$p\tus Qr,dis~Qility, Thrs p.tllgtaph ,flail be made a part of the
lubcpntrllctor's Contract wlthm. t')Ot~~ctor,
Patent fees and ,'BRXilties'
6.1J The CON'l'RACTQR.sMII p~l'~IiI";en5e ,lees and royalties and assume all ,OSts incidenuo the use of an)'
invention, design. pr"cesS.9r,~evice whlchls th.e subject of patent rights or copyrights held by others. He
shall indemnify and hold harmlass the OWNER and the CONSUL 'l'AN'l' and anyone dir.qlyor indirecpy
employ!!d,lIy ~i~her ofrham from -salnstall claims, damages,los",s and expenses (inc.luclln;.attOrney's
fees) arising.o~tof any Wrlngllment of su,h ri~hts durin$ or after the completion of the Work, and shall
defend .• 11 such claims In <lmn",ction with any liJleged infringement of ,uehrights.
6.! 4 The ~ONTRACTORshall be responsible for determining the applkatlon of p~t.nt fights and rO)laltles
materials, appliances, articles or systems prior to bi<ldlng. However, he shall ""I be responsibl. fpr ,u¢h
determination on syslems:whlch d"'l1ot >lnvo.l.vepurcba •• by them at materials, appliances and artides.
~
6.1 S 'l'he.CON'l'RAC'l'ORshal.I.5ecure and pay for all construction permits ~nd licen,es and shall pay for ali
gQv~rnmental-charges"and inspettjoh f(!.f)!'s nacessa-ry for ~he prQ$ecutlon -of the Work, which ;Jre
applicable at.the time of his Bill. When such charges are. normally made by the CITY and when so s!;ated
In the Special Conditigns, there will be no charges to the (lON'1'RACTO~. The., CITY shall asslstthe
CONTRAC'l'OR, When necessary, in ob!;alningsuch permits and licenses.'l'he. C.ON'l'RAC'l'OR sh~lalso
p.y ali public utUity chat'g~$,
131
ellWical P"wgraod l.j&htinr
6.16 EIec1;rl<:al power I'lOq~ired dudngconstructiQn $h~U!1e.RrQviQed by~ach prime CONTRACTOR ••
~qul~ed bY.i~.' . .Thl.s s.rvkeshaUbelnstalled·bya .. qualified ~leC\fic.alContra~er approved by, the
CONSULTANT. Lighting.hall be provided by the CONTRACTOR in all.pacesat all times when.
necessary ·fer goOd and proPer workmanship. for inspection or for $litet)'. No temporary power sh.1I b.
usedofftompo"lry lighting line. wi thou, specific appro .• al of tho CONTRACTOR .•
kaws and R@i'Jlatioosj
6..17 Th.CONTRACTOR. shaJI comply with all notices. laws. ordinane .• '. rules and regulatlens applicable 10
theWork. If the CONTRACTORob.erves that the Speclfic'tio.n, QF Dr~wlngsareat variance thereWith.
it shall givelhe CONSULTANT prompt written notice thereotand.ny necessary changeun.1I be·
adjusted hy an appropriate m9diflca!ion. If the (:ONTRACTOR perfermsany Work kn9wi!W II to b.
conirary to such. law.; Qrdinances • .rulesand·Teg~!.ti<lns.andwitbeijt such noticeto"theCON~,I:.IlTANT,
Itshaliilwall cOst$arisins there from; however.l~shall nOt bel!s~rim.ryresponslbillw to Jii.ke cert;aln
th.t\h~Drawlllg$.od Spe~lflcation. are in.ceQrdaneewith su~hlaws. al·dlnances. rules '.ndregulatlens.
PJ$c;rltn'ir:~t1~o;
6.17A No .ction shall be ~ken by the Contractor with regard to the fulfillh1e~9f th,e terms ef theContrac~
includlog:the hiring and retention. of emplQyees for th.,perfermance of Work. that would discriminate
against any persofl on-the~ba$is-of rac:e, t;oJ~wi-cr!3:Qd. __ rellgiof4 national-o-rigln. sex; age, $eX4al otient:a~ion.
familial statu,or dls.biliW.
~
6;18 COSt of.lI.ppJicable'$aI .... consumer use •. and9thertaxes for which 'he CONTRACTOR is liablelAnd~r
the Contract shall.be included in the Caol;ract PriceS.tated bytne CONTRACTOR,
SafetY' and. Proij!ctiQn;
6.1'9 The CPNTRACtOR shaJi be. ,· .. ponsible for initiatina, maintaining aild superviSing all salety precautions
and pr.ograJiisln connectidn with the Work. They shall takeallnecessartptecaulionsfer 'h6safet)'of.
and shall provid¢ t/l_ necessary protection.1;O p,.event damage. InjUry or loss to:
6.19.1 All employees and other person •• wh". may be affected thereby,
6.19.2 All the WCirk.and all materials or eqUipment to beincerporated therein. whether ih storage (In .er
'offthe si,e. 'l\IJd
6J 9;3, '.(lther pr9pettY at th~ site 'c:.w adl.acent thereto. Including tree_~. shrY,bs t lawns •. walk-s, pavements,
roadways,st'V%ures .and utllid •• not designateq'for removal,reIOcati<>norreplacemen, In the
.(;PUF$e .. ef 'construction.
4,20 TI\~ COIjITAACTOR shall designate a. respon'iblemembef of th~lr ,!!~nl~ati'm at the sit. whds.·do,y
shallbe1l\e .pr~v~n'IQi\l!f~ctl~e!\ts, Thl. person shallbe.the CON1fl.!!.Q"OR'SSupe~lnt~n<,tent unle ••
otherwise deslgnat.ed In writing by the CONTRACTOR to the CITY.
Emerte°des; .
6,21 In emergencle.·affecting the .afew of per solis or the Wotk or property ~t the site or adjacent thereto.
the CONTRACTOR, wllhout special instruction or authorization from the CONSLILTANT (lr CITY .. is
obligated to acr. at hi, dlscrenon, to prevenl:lhreatened damage. injury or loss. He shall giveth.
CONSVLTANT premptwritten notice of any significant changes In theWorlcor deviations from the
Contra¢tDocument$ caused thereby. If the CONTRACTOR belieYe. that additional Workdbne by him
in an emergency which arC! .• efrom cause, beyond his control en.t1tl.es him to an Increase inth. Centract
Prleeor .an \II<~nslC!n of..\!he Contract Time. he ma.y mak!\.· qlaimtherefo.re as proVided in Articles II and
1.2 .
.snop Drawiop aQdsampl~s;
6,22 After cbllcking and verifylns ail field measurements. the CONTRACTOR. shall submit.to the
CONSULTANT for review. in accordanc. with the actepced schedule of shop drawing ,ubmlsslons, six
(6) copies (or at the C;ONSULTANT optio".one reproducible copy) ofall Shop Drawings, which shall
have been checked by and st.mp!!<l wilh .. the approval of the CONTRACTOR. The Shop Drawingssh.1I
be. numbered and identified .. the CONSULTANT may.require. The:dala shown on the Shop Drawings
Il~
shall P.I> complexewith res"e~nq qll)lensiqns. design <riter/a. maeerialsof construetlon and the likE! ~p
enablli: the CONSULTANT·to revi~w !he informal/on'wlth"u, any unnece .. ary.invesdgation.
6.~3 The CONTAACTOR shall. also Submino .the CONSULTANT for review. With suGhpromptness a. to
,",use no delay I~Work.all,samRlas required by the Cqntra¢1;Do<;uments.
All sample., shall h~v" t:leen ~/l.ck.Q by and <tamped with the approvali.1f the CONTRACTOR. Identified
clearly ~s to material. manufacturer. any:p.<:rtlnenp'oatalognumbersand tha ute for Whl~h intended.
6.24 At the time ohath .'ubminion, the CONTRACTOR shall notify the CONSULTANT. in writing. ohny
deviatrons between thO' Shop DraYlings or sampiesan(j !Ile.requlrements. altheContra.t Docum'n~.
6.25 The.CONSULTANTshall.revlew Wlt;h resPQnsible promptne •• Shop DrawiQ$s and Samples. bu~hls
review ,hidl be. onl.yfor 'conformance with the deSign concaptof the Project and for .compliance With the
iOform';ti!>" give!1lh the Contract Documents. The review cia separate Jten) II. such will not iodib.te
review of the.~semQly In which the item,s fun~tJon •. The CONTRACTOR 'hallm~"'e any corre~ion$
requir.edby,the CONSU~TA!l'ITantj .h.1I return the required number of correcte<:!copiesofShop
Drawings and rasubmitnew samples until the. review iuatisfal'toryto the CONSULTANT. The
CONTRACTOR shall notilYthe·CONSUl.TANT, in wri(l/Ig,ofany plior Shop Drawing or reVisions to
$hopOraYlln~~thatare.'ln confllctw!th each submlsslonorre-subn)isslpn. The CONTRACTOR!S .tamp
ofapprqv~1 (i/Oa~y Shop Drawln~ or sample shall constitute'representation to the CITY and the.
CONSU~T~NT that th"CONTRACTOR has either determined andlor v.rl~edan ,,"antities, dimension.
field con.t)C.uctlancriteria, maxerlals. catalQg oumbers and similar data."r they a~lurne full responsibility
for doing so .• and thanhey have re"leYled or CQ()rdlnated each Shop Drawlfigor sample'wlih the
requirements olthe Work and the Contract Ooc~m"!1t'.
6 .. 26 No Work reqUiringasub.minat .of a Shop.Drawin!! or sample sIl.ir be commenced4l\t\1 th,uubmission has
beenre'Viiwied.and approved In writing by the CONSULTANT. Acopy.of.~ch.Shop OrawliTg'and each
approved sampleshalibe kept in good order, 1[1 a book or binder, in chronological order or In such otner
or~.rr.quiredbythe CONSUlTANT in writing, by the CONTRACTOR attire site and shall be available
to,th.CONSULTANT.
6.27 Tit" CONSULTANT'sravl"w of Shop Drawings.or Samples shall rrQt '·eliev,,·theCONTRACTORfrom
his "'!PQi\~ip!Ii!¥.fQ.r~ny dev.i3tion.s (rom the requirements of the Contract Do,urnent$ unles~lh.
CONTRAi;TOR has Inforn)ed the CONSULTANT, In writing; to. each deviation at the time of
,ubmissl~nand t/l~ CONSULTANT ~as given wrlttenapprova! to th.specific deviatiOn. n.or>sh;1I1 any
review by the CONSULTANT rellev.the CONTRACTORfromrespon.lbility for errorsorOmiSSiQo, In
the Shop Drawings or samples.
6.27 A Tn. CONTRACTOR shall be liable to the bWNER iorany additional <o.tor delay that is caused by its
failure to n9t!fy the CONSULTANT ahny of.saiddevi.tlons Qr conflicts betweefl Shop Drawings or due
te errors in the Shop D,~wings .<1' samples.
Cflmninel,!~'
6.28 Th~ C<:)NTRACr.Oa shall clean up behind the Work as much as Is reasonably possible as theWork
pl'l'gr •• s.~s .. .upon cqrnple¢io~ .of theWQrk. and beforeaceeptance of final payment for the Project by the
OV\iNER,the,CONTRACTQR shall r"nloveali hiHurplus and discarded material,. excavat~d 1l1~~erl.1
and, rubbish as w.ella, all other materl.land equi~ment that doe.· not (orma parcofthe Wark, from the
ptoperty, roadw,,:Y'. Sidewalks. parking are .. , laWn and al) adjacent prQPen;y: In addltlpn. the
CONTRACTOR shall dean his portion of Worklnvol.edin any buildIng ung .• r thl~ Contrace. so .that nQ
further deanlng' by the OWNER Is necessary prior to Its occupanqo and he shall restore ·all pfoj>ertY, both
public and private, which has been dlstu.rb<ld or <!a.maged dyrl~g Ihe·prosecution of the Work so. a, to
leave the.wh"le. Work and Work Site. In a neat and present<lble condition.
6.29 If theCQNTRACTQR doesnot.:clean the Work sit •• the CITY may~l..an the WClrk Site of the materials
referred", In paragraph 6.28.nd charge the co,no the CONtRACTQ~.
publk ConViln'!JID:NP9 Saf~;
6.30 Th.CONTRACTOR shall, at all times: cond.ucnhe Work In such .• manner as to Insura the I .....
practicable obstruction to public travel. The conven.ience of th •. genera.1 public and of the residents along
and adjacent to the area of Work shall be provided' (or i" a satl,tac~ory manner. conslsi.At with the
operatiqn and Ioea.l conditions, ,jStreet Closed" signs shalt be placed jmmedi~~j!lly adjacent to the: ,Wo,rk, In
a conspicuous po~itio~. at ~uch lo-ca~ions as ,traffic d¢maods. At.any-time that streets ar~ r~quireQ to be
closed, tn.CONTRACTOR.hali notify I,wenforcement.agendesand in.particular. the City olSouth
III
Miami Police Oepartmen~befQre the street is dosed and againas.pon "s.itis "pMed. At« ••. ",. fir.
hydrantsand "ther fll"!'.~~tinguishingeqoipment shall be proVided and mai"Qt"ed at ~II time •.
sani~ty Prpyi$iqns!
6.31 The CONTRACTOR shall proylde on,.lt. office. and n",ce.Si\ry toilet facilities, se<;luded from p~blI¢
observatiOn, for us. of all personnel :0'; the WorkSi,e, whether .0.1' notin his emplOy. They ,hall b. kept
in .dean lnd s.nlQry tondition and .hall comply with the requirement. and rllgulat;on. of the Public
Authorities having juri.dia!on. They 'hal.1 commit no.publicnui."",., Temporary fielt! offlee.and sanitary.
("ili,ies shall be removed upon completion ohhe Work .• nd the preml,". shali bl! left dean.
IndemtiificatloO',
0.32 C(lntraotor s.hail,qmply with the indemnification requirem~nl:$5etforth inth .. RFP and in exHIIlITl of
the Supplemen~ry COnditions (Insur,inee and Indemnlfi~ati()n tequirement~).
6.33 In the eventtthatany action or proooeQlng isbrou~t against OWNER orCOt>lSI.l~TANT by re .. on of
any su~h daim .. or demand. CONTRACTOR. upc:m written notic.Jrarn CITY shall. defenP such ,aaion or
pr""ee<lin~ by couns,ei satisfactory to CITY. The Indemnifl~ation provided .bove.shall obligate
CONTRACTOR <.0. Q¢fend at.lts own ""pense or to provide (oc' such defense, atCITY'~ Qptlon, any and
all claims. of liability and atlsuits and actions of every name and description that may b. broUght against
OWNER or CONSUL TANT. excludlng,onfy those claims thatallege that.the Injuri.sarose out olthe
sole negligence of OWNER."r CONSULTANT.
6.34 Th.eoblfgatlans olthe CONTRACTOR underp~r;c~raph 6;33 shalf not extend to the li~blli~ of the,
CONSUL TANT,!t~.,agents or employe.s ~rj.ing QUtof:(ill the preparation or approval of maps, drawings.
opinions, rep<?rts,$vrveys, Change Orders,d'''igns or'spe,lfication$ or (b) the l!ivlng.oforthe faUure tQ
g!vedireCtlc:m, Or i!jstructlons by the CONSULTANT. ic:sagents "temployees prOVided such act at
omission is the prilftary c~use of injury or damage.
6.34AAIl olthe .fQrgo1ng·lndemnlflcation provlslo/l$ sh.!lsurvivll the tIlrm of the Contr;'\I!1O"towhich thllse
General C!lnditlan •.. ar. a part. Indemni6cat1on shall not excllOd an amount !!qual to the tqtal value d!ali
insurance <"verage required by Section 5.1 of this document, Indemniflcatloo Is limited to d~mag.s ~aused
lowh'll. or In parr by any. act. "omission, or default of the Contraaor, the Contractor'ss.ubCl>ntractors.
sub .. subco~trad:ors. ma.p;~r'almen'_,or agents -of any der or their respective en"lployee~-to"th~ exten't 'caused
by the negligence, reckf~SS<1~!s, or intllntion~1 wrongful misconduct of the jndemnlfying party ~nd persons
employed or utilized· b)",he indemnifying party In the performance olthe construCtIon <;ontt~q,t.
fWPC)o_3Jl;rilit)i for Ccmned:ion ro E}(iS:i~_f WOrk:
6.35 I~~/)~II b. therl!lip<:>JJSlbiUtY ilf(heCONTRACTOR to COnneq;it$ Work to each P'\rt of the existing
WQtk. ex:isting'buUdin;_or str'i1~w.,{'e:'Qr-Work pre.v}ous~y-jn$taOed. as::required by-the DraWings and
~~.cificati"ns to provide a compl"telnstallation.
6J~ .E~cayatlon$,gri\~ing, fill. storm dralnage,pavlng and any other Cpnsquocion or Installationslnrightil-0f-
waysofstflletl!. highways; pyblic carrier lines, utili~y Iines,e,t!ll1r·.erJal, surfaCl!Qr subsurface, etc .•. shall !:l-
done ina,ceordance with· requirements of the special COnditiOnS, The OWNER will be responsible lor
obtaining all permits n.cessaryfor,h" Work described in this paragraph 6,36, Uponcompleticm atthe
Work; CONTRACTOR ,hall presen~ ~o, CONSULTANT cerrlftc.tIls, in tripll.ate, from the proper
authorlli .• s. s~tlng that the Work h .. been done in a.c~rdance with their requirements,
6;36.1 The CITYwlllcooperate with the CONTRACT0R In obtaining a"lontrom any utilities .. or public
3.Ilthoritieslhvolved Illthe all'!ve r!!qulrements. . . . .
6.,36.2 ThecCONSULTANTsoai! ,be. responsible for obtaining elevations of curbaand gutto"., pavement,
'tPrm dralnalle'str'uocures, and other Items which m~st be establlslredby governmen",1
departments as ,oon as grading operations are begun on the. site and. in My Cllse, suffiCiently early
in the <oostruCl;ion period to prevent any:adverse.effeaon the,Project.
COQperatioD witb GQ~',O'Q:l~nta! D_~partments, public' Utilities" 'E~.;
6.37 The CONTRACTOR$hall be.resp.onsibie for making all necessaryatrangements with governmental
~~partt.nen,t$; pubJJc utilities •. public carrier$.-. s-ervjce compa.nies-',and corporano'ns' (hereinafter ref~fred to
·as "thir(,l. parties l
') owning or controlling roadways, raHways:, wa,ter, ,sewer._ps. ,electrical 'conduits.
telephone, and tIllegraphfacilities '",h as pavementS. tracks. pip.lng, wire,_ callieS, cond.Ults, poles,!l"Ys.
etC .• InCiuding'incid~t'ltiJ $trut;tl,lr~s connec:t:e,d therewith"that-are encQuntered, liJ t,he Work in order that
1.34
S4ch Ilemsare properly shored, supported and proteCted, that ,heirl9Clltion i.identified !!I'd to obtain
ao'horl.o/ I"'i>nlth~.e third partie, forreloe.tion ifthe CONTRACTOR desire, to relo<a~$ \he Item. The
CONTRACTOR shall gly. ailpr<1per n<1tle.s, ,hall camply wllball requirements"f suel1 thirdpartilOS in
the. performanc.'ot his Work,shaUpermit entrance ohuch third parties on the Project in 'order,hat they
O1ilY per!<1rm;thel r ne.essary work, and ,hall pay au charges. and fees made by.uchthlrd parties for their
WQrk.
6.37, I The CQNTRACTOR'S attention Is called to the flIct thatther. may b. del~y~ Qn the Proie.tdue
to workto be don. Qr~overomental departments, public lItmtil'~~, and o.th .... in repillrlng pr
mllvlng I'oles, conduits, et~. The CONTRACTOR.hall cooperate with tho above partie. io everi,
way pos.ible, So that thecon$tfuctj,,," can be cpmpleted In the I.ast po.slble time.
6.37.2 Tn. CONTRACTOR shall have madeitSel{,familjar with .IIoode., laws. ordinances, and
regulation. which In any manner affect thoo'! engaged or eml'19yed In th_Work; or material. and
equil'montuse In or upon tile Work,or in any~way affect the cqnclu., .0, the Work, and no pleaqt'
mi$under'standJng wll.1 be co.nsidared on account of damage or delay caul.<!' by his Ignorancei
thereof,
Use J'remise's:
6.38 CPNTRACTOR shall confine 'tsappar.!us, .torageofmat.er'i.ls, and op~rations ofitsWQrkmen to the
limits inillcllt¢cj,l;>y law.ordinances, permits and direction. of CONSULTANT and 'CITY, and .h.lI. not
unnet~~~atlly encumber any part of the site or any areas off site.
6.38.1 CONTRACTPRsh.I.lnot o~erloaq or permit any part of any structure to be lOaded With .",elf
weight •• will endangar its safety, nor sh~JI it.subjec, anY .work to scr" .. e, Qr pressur.a. that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rule. and reg\Jlati.on prpO'lul&l!tetl I>y tlfe CONSULTANT and
OWN~l\'as :well .sthelrlnstructlons with '"&l!rd to slgos, advertisements, fires and s,moking.
6.38.3 CONTIIACTOR shall arrange and co:\pperate'wl,hCITYln routing and parking of automobile. of
its empJOY'Ies.subtOlltra!ltors and Q~er per$Qnn~l,as well as that ofthe. material delivery trucki
and ether vehicles that ~onie ,<;> the Prqle~~§i.!e;
!>.38.4 The City will designate speclflcare,s on the:slw1lir StQrage, parking, e!:C. and the job site .hall be
fenced to proteccthe job site and the general publl~.
6.38.5 The CONTRACTOR shall furnish, Install and maihrainadequ~tecon'trllction affk.'" faCilities for all
watk.ers~employed by itor byitsSubcontra~prs. T'empQrary.offices .holl be provided and
lo .. tedwhen, ditoctedono app('.oved by the <;:ONSUnANT. All such facllidesshall b"furnished
in .trl~ accord.nce with existing SC'verniilgregula(loos; Fieldllfl)c<;1ssh.11 Includetelephone
fac)litles,
ProtectjM gf.Exi'ttipi',Pmpar;ty liqp'rov,;me'n't',;
6~38Anyexisting surlaceQrsubsurl'ace,lmprovemen($, .uchasp.vements, cMebs, SldeWalk$.l1ipes or utilities,
footings. or .truct.ure, (Including pal1tion. thereof), trees and shrubbery,. not indicated on the Orawings
or noted In \he Spe~ificatipnsas being removed or :altered shall be protet:ted from damage <;turing
conStruction of the PrOject. An.y such improvements damaged during conStruction of the Project ,hall
be restored at thl! "",pense QI the CONTRACTO/!,to a.condltion_qual to that existing at th" time of
award of Contra.ct.
AwmiUi 7-WORK BY OTHERS·
7.1 The CITY rnayperlorhl "ddftlcnal Wc;rk r!!lated tptheProlect or m.y let other direct cOntra~ts;th.refcr
whlthshall.contain Genetal Condition! simll.rei), these. The CONTRACTOR shWllllford the ather
cQ~tractors,whoare partiesto'~thdlr~ttontracts (or the OWNSR, 111~,isPeriorming the additiOnal
Work'itself)"r'alonable opportunity for the introduceior .nclstoragei 91 ma'~~lals,and.i'\1uipment and the
execuuon of Work; and shall propeFlyconnect and cQordlna:tei1;s Work with \heirs.
7.2 If any part Qf the CONTRACTOR'.S Work depends upon proper eXeCution o.r resultS9f th.e Work ohoy
other cQntra.cwr or the OWN~.R. the CONTRACTOR shall promptly report to t~e CPNSULTANT in
writlng'.ny defects or deficiencies in such Work. toatrender it unsuitable for the .cONTRACTOR's
Work.
7.3 The CONTRACTOR .sh.1I do all CUtting. fitting an<i patching ,)fthe Work that maY be required to make
its sever;.i:;part, come together properly andftt to receive 01' be received by such other Work. The.
CONTRACTOR shall ntit endanger any Work of other,by cutting, excavatln~er otherwise altering their
135
7.5
7.9
1.10
Work a~d,shall only, C,UC Or alter~j)~lr Work with the written consent of the CON$ULTANi ,.n~'''f the
other c"ntractiirw!lpse work,l'iill'ij""ff~ct.~,
If the' performan~e',9f .ddltl\>nal \ll,/Qrkby Q'ther COntract"f. or Ihll OWNep. Is n9c:,110ted in,the Cantf1,ct
Documents prior w',the executionQf the <;Ont~ct, writ;t",n h"tlC'" thereof shall be given to the
CONTRACrOftprior to starting any such '.ddi~I,Q~~1 Work. If tile CONTRACTOR bl!lieve, that the
performance of such additional Workbyth"OWNER or Q~her$,WII,1 c~\l~ethe CONTRACTOR
ad<ll,\lonal expe",e oreniltle. him to an extenslonofthe C"tJttactTill)ll,h.,m~,Y m~k~ ,~ claim \h.<.fore '
.. proYid""in Art.ctes tlana 12.,
Where pr.c;ticabl"" tile"CONTAACTORsnaU build around til,ewarko! othersep;1ratecon~ctorsor
sh~lIleave (ha$'~' slo~anl:l hQ.le$ a.requlred to reGelv.and to conceal within thegeneralconstttlctiori
Work the workef'su,h "ther separate contractOrs as directed byth.",. Where.such,chase., slots, etc ..
are.lmpracilcable,'the Work.han reqUire specific approVal oftheeO~SU~T"'NT.
Necessarrch~l'ls,sJq~, anil boles m't built.or left by the CONTRACTOR sh.dl be cutqy Ihe''''''~.rate
con~c~or requlri~g$~¢h:.lt¢rationsafterapproval of the CONTRACTOR. The CONTMC'rQR.hali
do;pl ~t<;f\ing ~OQ. ftol .• hlng:()ftheWQrkofother con~$rswhere it I. cut by'them"and .u~hpat(;hlng
and.finishingshaU beano. expen •• of CONTMCTOR
Co.operatlon I. required in theuseaf site'facilities .and In the det:aU"9.l<.'i'C~.~pn of til .• Work. lEach
q:mtractQr' .hall coordinate their operatiOn with tho~eQf th~ QtherC:ontra~tots 19r ,~h~be$t Inceres.' "f
the Work.inQ!'d~F to pee¥ent delay in the execution thereof.
~ch of.,averal cQntra~or~ working on 'hI' ProjeaSitl> shall keep themselves/nfo.medol the progress of
th,e Work of other t<intra$rs.Sht,"ld·la~k of progress,.or def~"tlve''Work",anship on the part of 'Other
contractors Interfere with ,h. CONTRACTOR', QP~rati"n$, theCQNTRACTO~ .• hall notl(ythe
CONSUJ..TANTimmedlatelyandin Writing .... La.~Qfsuch n,,~ce to the CONSUL TANHhaU.be
construed asacceptance.l>yth.e CONTAACTOR,ofth ... tatu,.o{ th .. work. of otnerconttilcto" as. being
Sati$ctOl"fior Prl'percoorcQinallon of CoNTAACTOR1s own Work.
The cost oftOOra \f\(ork re,s~ltl"':l'fr<jm laclo("fnoti¢e. untimely notice, fililur. to respond '" n(itiee,
Defect;lve Work'or:tl\!ik"(lf cqordina,ionshaU beth. CONTAACTOR's coSt:
The CITY reserves therigh'in ~~""'.ottheCONTM¢TORc ~nQ( prQvide ~n iti;m(~)\lrs~rvl(;"'«) In.a
timely manner .uequested,to"obtainthe good andlor .er,vice~ fr'om()tber so~"esand dedUcilhg the·
COst from the" Contract Prj,. wlthQut,vialating the Intehtof,the Contract.
A./fFICLE8 -CITY'S RESPONSIBILITIES,
8.1 Tile CITY will i.ssue ,I"communicationstoth. CONTRACTOR through the CONSULTANT.
13.2 In.ca'.' of termination a(employment of the CONSULTANT. theC::ITY wlllappoint a CONSULTANT
who~eslJltusunderthe Contract Documents.hall bMhat,,,(,the former CONSULTANT.
8.3 The. CITYshaU PromllUY furnish the da~ r!\quired. Qf th •. "?~ndi .. the Contract Documents.
1M The,:CITY'S. duties in respect co P"ovl\lInll ,ands arid~em.!lts:are.etfQl'th In faragraphs4 . .1 and 4.2. a.S TheCITV.hall have the right to.,takepo.sesslonofand u~e\\ny,.coll1pleted "r partially completed
portion,<>f theWork; nocwithstandinll the fact that the time f(irGo!l1pletlhg the entire W<;irkor any
~<;irtion theeeof I)'laynot have expired; but such taking pos$.ssl<'i~a~d use$hallnot be dee.med an
",,~ept:;\"te of any Work not completed in accordance with the Contract Document~.
ARTlcl../i 2~ CONSULTANTS'STATUS OURINGCONSTRUCTION.
Ctty's-B'_presentAtive;
9.1 The CONSULTANT,h.II be the CITY'S eepresentative duringthe i:oostru~~o~. f!~riod. The duties~n~
responsibilities a/ldthillimlt:;\ti'ons.qf auttll,rityafthe CONSULTANT a".the OTY'S r"preiSentati~\lduring
~ens~u~lon are seC fol'thi~Articles I throullh 16 Qfthese General CondItions and. shell not be extended
wlthllutwritten eOtlsent \!!ftheCITY ""d the CONSUL TAN1F ..
9.1.1 The CONSULtANT,deeision, in mattersrelatingt!!i ae.,het1cs. sha.1I bI! floal, ifwithiO the cer",.
olthe Contract Documents.
9.1.. Ill!ceptas',may beatherwlse provided in thiscontract,a/lclaimJ, cQuntl'rclalm$, dlspute,anooeh_r
mat1;er, ioquestion becweenthe CITY and the CONSUlTANT3.rising.out of or rel~tj,ng tQthis
ContraCt. or the :br~~ch thereof; shall b§! de~ided In.-_a court 'of c~mpetertt -Juri-sdjc~ion :,within,:,dle
Slate ofFlarida.
ViSits. to Site'
2.2 The C;qNS.IJl1TANT'h~Up<ovrd.aninspector to make po.rodie. vI$ltstO.<he site'~t eaCh ph~~.of
con'tructJo~~pp!lseryeth.e "r<:lva" In.dqualityofthecexecuted\iV0r.I<,.andto determIne if the \VJ,lrk is
prOCeedlnglnaccard~ttt. with the Contnl!ftDocutI)onl:S. Hf~,efj'prts:,ihall be. directed toward providing
.s.urance for the OWNER and all appllca!1le regulatoryag~~~le$tha~wl'\,m.q:ionis .in complJancewlth
the C;qnst~!'Iti!)nDocuments and appli<;able law,.rule.an~'reg~fi!tlpns. O~ the ba.i$.afth.se pn $ite.
oQsel!Vil.tIQnoa. an experienced· and qualified design profes~iOhal,be.shalJ keep the qTY infOrme.dof the
prrig"'s~pfth~Work; and ,hall guard the,QWNER against 'defects and deflciencles in tile Wprk.of
CONTRACTOIl,.
Clarifkati9n~~,and, !nterpretatlQns;
9.3 The CONSULTANT shall issue. with reasdn'~I"prdmptne$$, $~ch written clariflcations()rjntetpretali"n~
of the Contract Documents (in tho form of Dr.wlir8l' "totherwise) as: i~may determln,!. necessary,; which
shall lie <onslsten, with, (W r,,,.son.llly inferable from. the overall.intent of the Contrate Ooc~tI)ert~ .If
theCONTIlACTQRslle~san incr.as •. jothe Contract Price or extension of Conttac;t Titl)ep~.ed on a
Written darmcatlo" andlllr Il\tetPre~ti!!n'itshan ber!'qulred tosubmll. timely dalm ~fprovldlld In
Articles I land 12.
McaSuremeIlt: ofC:>'uantjcles;
9;4 All vvotk\c.l?mpl\lted under the ConttacUhall be me.sured by the CON$U~ TANT accordln~ to tile
United Stales. Standard Meas.ures. All linear surfo."emeasurementsshall lie m.de horizontally or vertically
.,requlr.ed by the item measul'ed;
Rejecting Defective -Work:
9,5 . The CONSULTANT shal.lhav •• "th'mity <0. disapprove or releq: Work that Is "Oefeq:lve WQrk"as
ilJ!6n.,p InArtI~I",l. Its"~lf· al~o haveautOQrity to reqUire spO'cialinspeq:ion or testing QftH~vv(\rk
in~luding WQrkfl\l!tl¢~te~"n ",roff site. !."'!;lU!l'd or e~mple~dasprovit:led. Inth.ev.ht that,ihe
CONS.UtTAN'r 'requirest.sti~of CQhlpleted WQrk.tlrecQst ofsych .inspeei:Jons.and/or testing shall be
~p,prQved in writin!iby,the CiTY. All consO'quondal cost 01 sU.eh Inspet.tl",ns~n~testin8 •. lncl~illngb~t not
Ilmltll!:! to the cQst.of testlng·.nd inspection, the cost o!repairing anyoftheVVQrk;\lrth!>':workofothers,
the cost tOtl)9VeJurniMean.d equipment'lnd/or the east topro~idealteth~tive fa¢HI,ies (mpl th.e tE!J?it
worke;tn be completed. shall paid by the CQNTRACTORif the Work Is found to be Defective Work.
Shop Drawi!llJi, Chan. :Qrders a04 PaymtnU!
9;6 In'conn .. <ti<;l~,v;ith 'theCONSULl'ANT re$ponsibllfty a.tOShQP.Orawihg~.andsample.! .ee patagraph.
6.25. through,t;':l8.inclusive.
,9.7 In~(l"oeqti"n·wlth the CONSULTANT's responsibilIty fOr Changi! 9r(j"t$ ,~~ Al'!;lcl~s I O. 11 •• an~ ·I.~.
9.8 1(j.¢pftn~~q~WI~h the.~QNSULTANT r.esponsibilities.wlth r"'pl!~t to the ApplicatiOn for Payment. ~tt; ••
S:~ Artl~le·ll!.
Deds!Qns on pi$a~lfI~'O~~
9.10 The 'CONSULTANT shall be the initial Inwpreter of the Construction Document,.
~jmit;atjo:ns, Rrj -£;QosuIPul tts I!¢spoosjbWtjes;
9.11 The. CONSUL TANTWili not be resppllSlblefor thecon,tru<ltion means. methods. technique,; sequences
,or _procedures, or"':tfte -safe'ty_'_precautiolls and, p)'l(>g'~Ols iri~.i~e,"t ':d1f;mE3~0,
9:12 The CONSULTANT will not be responsible!or the·aq:s oromissidns.of the C9NTIl,ACTOR, 01' any
SUb~O!ltractors. Or any oftheiragent,s.eryants.oremployees. or'any other ptrsJ,lh petforming~nY althe
Worktinderor:through them.
"MICLEI Q • CHANGEI!' IN THEWQRK.
10, f WjthQ.u~, invalid4tlngthe COntr~ the CITY may. at any time or from time to time. order additions.
deletions or revisio~s in drto~he W<i>rk Y!hi~h sh~1I only b~ authQrlzed bya written Change Orders.
Upon receipt ofa Ch~nge Order, the' CONTRACTORsh\dl.procee!l.with the Worklnvofved.AII su.oh
Work ,hall be perlorm¢<!Mnd.r the 'applicable conditions of theContraa: Documents. Ifan)' aUt~(jrlz.d
written Ch.oge Or,d~r ,¢aoses'-a_n :in(:r~e or decre,a,s,e In ·the Contract Price, or ,an. extension ·or
10.2
10.3
lOA
lOS
shortening of the Contract Tlllle.~neq~ltable~djustment will be mad. as prO"laedin Article II Or
Article 12. A written Ch~~geOrder signed by,m .. CITY and the CONTRACTOR IndlcateHneir
agreement tli> the terms·of iheChange Order; All Ch~ng. Orde~$ban be certified by the
CONSULTANT' as to tbl>approprlatenessc and value ,ofth. lli1.aO# In.the WqrK.s well as to ·any change
in tb. timetQ complete·the Wo,*under the draumstances. The.f;!Uureto Include·' tlmee1<tension''in
the Ch'hgeOf'll~rorln the reqtlest for a change order shall result In'. walvet of~iJy e.XtilOslOn of time
due to thec~.ngeintne wClrk as reflected In the Change Order.
The CONStl!I.TANr may auth!;>rize minl>rchange, or alteratiOns in the Work not Involv!ng el(tr~ ~.o~t
and':not'lnconsistentwith);M~ 9Y~l'iIlllntent of the .ConttaC!;'o.ocuments withoutthe·:ne.ed for ~ formal
wrItten Cha~ge Qrder pr9vlde~the CONTRACTORdoe~ not r<!9~.staddltj"naltimeoradditIClnal
~omp.n$ation. These may be l\llcompllshed by a wrlt\eo Field, Qrder. If the. CONTRACTOR believes
ttlatan"changepr alteratipn ."thorlzed by the CONSULTANT's Field Order ""I>uldentitles the
C:ONTRACTO~ t<;>an·!n".a.e In t~eCl>ntract Prlcoor ""tenSion of ContraCt Tim~,it.mySt .,ubmiJ a
written notice of Intent1:Q,demand a Change Qr.Qer withintwentY'fi>ur (24) hours 01 the Issuall.<' of the.
Field Ord.rand.submit. writtenprqpo~al for Change Orderwlthlofour (4) days thereafter. otherwise
In'! CONTRACTO~ shall b. deemed to hayeWalvedsuth claim.
Acjdi.tia\lal W"r~ p.rform.~ ~ytheCONTRACTOR withalJt,~uthar~at\Q~Qf~Wri\t~n Chang~<Ord"r
. s~all not entl.tle itto M In.~r"~·'ein (h. CQntra(, Price!" an extension 9f,th~ Gon,ta~Tlme •. ~i:<lpt In
the OlIse ofao emj!rgency" prQvi<!ed in p.rcagraph 6:22 and except as prqvided I.n paragraph ro.~
Tn. CITY will ~Xec4t<l apprqpri.te ChaogE! Orders prepared by the CONSULTANT covennglli1ange~ irj
th .• Work •. to be performed as provided In pt!r~r~Ph4.4 .• nd Work performed in an emergent)l"~
proVided In par'1l!r.ph 6:22 and. any other claim of the CONTMcrORf6r a <:hMge in the Contract Time
or th~ C;p~tr.ct Price which Is approved by the CONSULTANT.
It Is. t/(eCONTRACTOR'S resp<>nslbllity .1> notify Jts Suretyafanych.O# •• ffectlng the generalSc"pe of
the·Workor change in. th .• Cancract Price or CO.nt:ract Time and the amllunt althe applicable bonds shall·
bo;adjustedaacordingly. The GONTRACT0R~h.1I ,u(nis.hpr9 QI af'u.han .• djustm.ntte;> the CITY
befi>re cammencem.ntoftheChangeOrder W(/rk. The WO"l(sl'\~11 b~$l:Opped untll'the
CONTp,ACrOp,. proyI4.sSj,l,h·prPQfofadj;'stment In tit. Sbnd atnl?unr~nd~ny.uch delay sha.!1 ~e
charged to tfle CONTRACTOR.
ARTICLE II -CHANGE Of CONTRACT pRICE.
i 1.1 The Contract Pric¢ cq~stltui:E!s tlte to(a1compensa.tion payablet!:! th .• CoNTRACTOR for Performing
the Work. All dutle"respl'nsibilitl<'$and obllgatlonS'iiiglled tQ qr undertaken 'by the CONTRACTOR
shall J, .. at its 61<p.ensewlthout changlng .theContract Price.
11.2 TheGJT'( may,at"n, time. wlthoutwritten notice to the sure(il!s.Dywrltteootd~rdeslgnated. or
'Indl<;~dto 1>ea Ch.nge Org"r. Il'\l!ke any change in the Work within the general scope Gf ~he Contract.
induding hl.lt.not limited _tcn:banges-co or~-ln;
11.2.1 SPeclftcatlons(lndud,ng drawings and deslgllS);
I Ic2,iZI'1ethodormannerof perfQrrnance ahhe Work.
11.2.3 CIT'!',furnlsh.<ff;!cilltJes. equipment, lllateriaIS .. servicei;. or site; or
11.204 Acceleration hi the perforlllance of the. Work.
11.3 Except all provided in this .~cdon! orse¢tloos referre.dto Inthl. sllCtlon. nQ order. statement,.or. conduCt
01 til. CITY .shall be treated asa ChangeQtd~r or ontid" the GOI\ITR,I\CTOR~\lanequitable
lIdjuStment 4nless and until tnechange.in .the Work Is specifically and eXpressly provided for in a written
Chang~ __ :Order. or~as·otherwHi~ provided "in anQch(!r sectio.n of'the Contra-ct:, Doc~ments._ _ ",
1104 When a Chan~ Order Is Issued by the CQNSULTANTand,igned bytna CITY or issued by the CITY in
writing. t.heCONTRACTQR shall perfurmtheWorkeveO if th~ CONTRACTQR does nOt agree with
the dollar am\>uot,oftheChallgeOrder. If any Change Order·caU.e!ai)l~cr~~'I\Or d.~crl!aSein the,
CQNTJV.CTOR'S cost Qt. ",r the tim" required for. !heper/ormance "hny part "f t~e/Wortku~der this
Comract,. for whiCh the CITY Md the CQNTRACTOR cannot reach. timely agJ".een:\erit, IUl equitable
adjustrrrent!latedon the cost ofth .• Work shall be. made and the Contract Illodified aOCQrdihgly.
liS lIthe CONTRACTOR intend' tO~sse.ftaclajmfar a"eq~ltableadjustmentor contesethe equitallie
adjustmentmacteby Ihe CONS\JLTANT. it shall. Within ten (10) c.'e.n~.r .days aftefre~"lpt ofawritten
Change OrQer, subniit'to the CITY and CONS\JLTANT a written n?tlce Includin$"astatement .ettlng
forth the. general. nature and monel:ary .)(tem of such d'lmfor~quitable a~juSt",e~t. time·;>Xten.io.n
r.queSte~ i\[rd .uPPOr1;lngdata. In determining the Cost ahhe Change Order, the cOStS .han pe limited to
those listed In sectiollil :7 and 11.8.
138
11.6
11.7
11.8
Np ci.aim ~y the CONTRACTOR for an eq~jtable .djU$tm~nt hereunder ,hilWlle allowed if n~t wpmitted
Ina~cQrdan.ce will! thls,acetonor ifam,i1:ed after flnalpaymel1t unde,. this Cm\1:ra",.
Th, ~I~~ ~fa!\Y'V\l1'mk,c;!lve •• d by a Chanlle Order Qr "f any d4fmfor ~nin.'rease ordecra ••• In the
Contract PN<:."',~~II"~!iI.atenJ)ined. In one 01 .the following Ways:
11.7.1 By n~g(j1:l~t.d l~t'I)P.$\lm.
11.7.2 On me b.,!, of'(/i~r •• son.ble~ostand·saYil)!lS,thatresultsf"om thl! thang.ln the Work plus a
mutually ilgr~d upon fea to·th. C:ONTRACTOlhocover overheadandprofi.t not to .)(,e~rl
IS%. II the CONTRACTOR di~gfe.es wit" the CONSULTANTs determinatiQo of r<!il.on,bl.
<Qst:;. the ,CONTRACT shall prQvide~. nst ofall CQsts together with backup docUII\entation
The t~rlT) Cost .of tb.WQrk means thesqm of all dir~<:!; extl'i! qO$t~. necessarily incurred and .paid bycme
CON'fRACTPR in the, pr<>perperforrnaoce 01 the Chimge.Qrder ••. Exc.P1'~s oth.erwlse may be agreed
to in writjng1:>yCITY ••. uthQosts ~hali be in.mounts no .hl$henhanthose prevailingin Mlami·Dade
County and shalf inclM~~Qnlythe f()II"V\fin~it.nw
11.8.1 Payroll c"st.forempl"yee.i.nth~ direc;j;e.l\lpIRY ¢fCPNTIlACTOKinthe performance of the
W"rkdescribedin the Change Order under'sthficjyl~'Qn"bdasSlftcation.agre.d upon by CITY
and CONTRACTOR. Payroll eQsts for employees r)"t erm?l"ye.<I !till dm~"n!he Work shall be
ap!'¢rtione<i on ,he basis of their timupenr on the Work;P~Y"",II.costs' "hall ,*~limlted to;
salaries and wages, plus the costs offrlnlle benefits which shan indude' SP¢i~1 secqtlo/
conttibution!, unemployment.. ek~I$~~~ndpayrolitaxes, workers'comp~nsati'Qn. heal.th.nd
retirement benefit,.sl~kl.e"v". ymdoh~nd holiday pay applicable thereto. Such employee' shall
incJlIde:superlntendents altd fo,emen A~ the,lt~ The ~l\penses 01 performing WoM< .fter re~lar
working hour,. on Sunday or legal holidays .. *!11 be included in the above only if authorized by
CITY ~nQ.p~olllqed it was not in anyway. whether In wholepr l.n part ,th.e.ffi\sult of the faultahhe
CONTRACT<;)R due to negli~ce"f theCPN:rRACTOR or those·acting'.by or through him or
duei" wIIele or In part):O E).fectlveWorkoftheCQNTRACtQR.
11.8.2 Co,eolali materials and .. equipmentfurilished and incQ¥''"~ti!dlnthe VVork,indudin~com.of
tran!jlortation and $tOrage. and manufacturer"ftelij~eo/I¢"'$ r¢\fulrell'ln ¢onnectiontherewith.
T~e <;:oNTRACTOR.sh~lIn!ltify theCITY·of all ca'hdi.counl$that,are;",\@i.I.I$I~ ~nq Qffl!>r th4!
CITY .the opportUnity ~o dep.osi' .fuo~s wi!h th .• CON1'IIACTORft>rthe paYI11~ntJpr it!i~that
pifer a discount-C.asll disq;>untuhalt accrue ~o CONTRACTOR unless the CONTRACTOR l\>ils.
):0 timely no.tifythe .CIlYof the discounts or If the OWNERdepo.it. funds with C0NfRAtTOR
with which to make payments in whichcaS\!s the cash. disco.uQts'shali accrue tp the OWNER. All
tradil,dlsC6unts. rebates and refunds, and a"returns from •• I" of ,urplus ma""r'.I. an~j.equlpment
.shall aeoN. to OWNER. andCONTRACTORshall makeprovi.!onsso that they maybe
obtained.
11.8.3 Payments made by CONTRACTOR to the $uDc<;>ntractor, for Work perIQr.med ~Y
Subcontractors If required by CITY. CONTRA<;TOR shail Qli~n~o!",p~,r,jv"bj~~(rom
Subc(mtractQrs .. cce~bleto,.himand sh.1I deliver such'blds to CiTY wh9 'lVll1th~~,determihe,
with. the adVi<;e<;>f the CONSULTANT; whic.h8ids wil.l.beaceepted. No SllbcPr!tr.ct'Sh~U,b,e.iiI
cost plus contract unless aPproved in writfngbytneCITY, If a S~b<on=proVid.S th4q~~
Sub~on(i'a<t\lrls to be paid"n thebi$l •. of CostofWo.M<pfU$''i fee.· the .pst'of the Workshallbe
~etermlned rnacc~lrdance tilis' section. 1 I .l!an~!n.sjJ~h ea$.,th~ word "Sub.pott"ctor" shall be
~ubstil:u""dfC)r the word "CONTRACTOR''.
II.lMRel1~s of all Cl;>!ISttuCQOn eq.u!pment andm.chinery. except han.d topl" .and the parts thereQf
whether reht"d.J"omCONTRAC:TO~or others In accordance with rental .$.teements
·approved by CITY with the advice of CONSUL TANT •. andthe costs ofU'ansportation.loadlng;
unloadln!!-InstaUa(f<m. dismandingand removal thereof-all "rnatcoeqanCe with terms· of said
reQtal agrilement$, Therelltal Qf any suchcequlpment, machinery or pa~ $hail.cea~¢;when th"
us.' there"!.I. n~ long.r nec.~la"Y·lorth •. Wprk. .
II.B.S Sal.s, use or similarwes related to thE>, WOrk •. and for whith CONTRACTOR Is Ii.bl~ imposed
Qy any governmental 'authorit):,
I 1.8;6 Paymentli and'(eesfor permits aiid Ii<;enses. CQs4fOr perroiwant! Ilqensesmust beshown as a
$~par.ate item.
Il.S . .7 'the~<>st Qf.u~J.Ii!ies. fuel and,anltal')' facili,;", at the site.
Il.8.8 Minor e>(p:enses'~~C:hastelegr~ms"JopgdistanC.etelephone calls.~tefep~ooeservlce,at the site.
expressage ."d'similar pett;)< cash i.tem, In .connectlon with the Work.
11.8,9 . Cost of premiums for additional Bonannd insura~ce.r.qpi"ed.$Qlely b~causeQf changes in the
Work. not to exceed two flercent (2%) ofth. incre.se li'the Cos.! of the Work,
11,9 'theW~ OIstofth!>Work;shall NOT indude anyofthdollowln/l1 .
:11,9.1 PaYroll tQ.ts~nd <lehe. <;qmp.ensa~19nQfCONTRACTOR'SQffic.r •. executivO$,prlncipals.(",f
pan:nllrshlp ",nd sole proprietOrships). general'illlanaller •• engineers, architacto,estimators, lawyers,
'~ts, expediters:. timekeepers. clerks and "!I1er personnel empioyedbr,CONTRACTOR
whelheratthe site or in Its prin,ipal or abran~h office for general admini.stratlon of the Work
and nOt specifically included In the sChedule·· r\lferred to in Subparagraph I LS.
11.~:.l Expenses ofCQNTRACTOR!Sprindpalandbl'anchoffit~ Qth~r ih~n its office~t the siC!>.
II.~,J Any part of CONTRACTOR'S capitalexpen.es, In~l~cjing inC!>rest on CONTRACTOR'S capital
'I!mplpye(Hor~he Work and charge~ apinst CONTRACTOR for deliliquent pafmen(s,
I L9A Cdst <>f:p".lilf~m'for all bondnndf'lrail insul'llnce poli~reswhether or not CONTRACTQIUs
reqUired byth.,C$otl'llet!1'l¢ylijents tc;> purchase and maintain the 'ame (extopt as.p,hel:Wis ..
provided in $ubparagraph II .8;~},
11,9.5 COSts due to the negligence ofCONrRACTOIl" anr$tibcontraclQr, or'any.'lne direct/yor
IndirecdyemploYlld.!>y .ny of them Or forwho.S. :.etuny of them may be liapl ... , inCluding I:>ut~o~'
limited to, the correction'll defl!qtive work. di.pos.al,olmaWials or equipment wrongly supplied
and makillggood any. damage to prc;>pel't)'.
1.1,9,6 Other o •• mead or general expense costS ahoy kin~.n<l th~ .co.ts of al)yl~m not specl.fically
and expressly induded in Paragraph I 1.8,
I L iQ The.'CQNTRACTOR'S fee which shalt be all~wed to CONTAACrORJor I~s overhead '(ld pro~t shali be
deter'm.I.Oed .s;tQlfows:
II. I OJ A m\itll~IJY~~t~p~~I~ firm fixed pilce; Qr if none can be agreed upon.
11,10.2 A mutuallya¢ee~l$l~ fll$ed PerCentage (nottQexCeed I Sr.).
ILII The·amQunt ohreditto be,'~IIQwedby 'cONTRACTO~ to OWNER fQr.nysQ~h .~hangewhicb resulu In
11 ".et <illerease.11) cOSt win'be',the amount of the aetual netdecreas • .in COSts. cal~ul'ted in the same
manneras pn'vid~d l"II.~.Wben both addition. and credits areinvol.adl," 'aily Ohe change, the n~t
onallbe com~uti).d~ol.n¢'il\l~ overh.adan~ p"ofi!,identjfied~eparately, for both addition. and credtt,
provided however,ch" CONTRACTOR .hall not,be entitled to clai.m IOltpcQfits {opaoy Work not
performed.
ARTICLE 12-TIME fOR COMPLITION. LIQUIDATED }>AMAGE.S AMp CHANGE OF THE
CONTBACT.TIME, . .
I~;I Tim~ I.'ofeh .... seqq. to thi ... ontrac.c~nd.tbe date."f beginning and the time fot cGmpletlon althe WC)rk
arees~ential condlti.onsof c~eConi:raet, Therefore.th.Work .b.llb~ commenced on the date spedfled.
in the NaticiHo Pro.ceed andCClmpletedwI!lrlo tne time 'Recllledror cqmple!i9n of the work.
J !t:2 Tti~ cO~rrMCTo& shelll pro'~~~d w!,th, ,th~ Work at such_ ratE:: of progreSs to ebsu're (ull ~:'nplet_i,d_~
within the Ci;lljtnlct Time, It is e?<pre~sly.~nderStopd ~ljd ogreed, by and betw.en.the CONTRACTOR
and the OWNER. that the Contrac~fimefonhecompl.tlon'of.t~e Work described.herein isa
,.",onabietlme,tal<inllinto .consld_tion the avef1lge dlmatiC and econjjmlc cr:li1dltlonsand<otherfac;cors
prevailingJn·the lo.call~ofthe Work. No extension oftimluhall bEl granted 4ue conditions that the
Contractor kn,ew of Qr should have known of before. bidding on th"'fitoj"'~t,~rdu~ to inclement we~th~".
,*c:ept",provld~g !n,s<l¢tiOn rp,
12.3 IftheC;:ONTRA,CTOR'sh~11 ,fail tocomplecetheWorkwithln the Contract Time; or e)(tElnsion of time
f'amied by the CITY., then th,.,C;:ONTRACTOR .h~1i pay to theOWNI;Rtheam9un,of liquidated
,da~e. as speclfled jntheContract lllocumenuJor each.calend.rd~y ~ft;.r the~cheduled dawf"r
compleuon .. adjustedby.written Change Orders .h.textended the completiot) date,
12,3 .. 1 The •• amO@ts,.re n"tp.n~ltl~s buure Ilqulcfated,damages Incurred by.the"OWNER for Its
Inablllqi to. obtain fuJlu,e of the· PrOje¢t, l.iqu1date\! "_mage' _reherebyfixed and .. agr.ed~pon
batw.Bntheparties, recognizing the imppssib.ll.ityof preqisely ascertllining'theamount <)(damages
that.willbe sustalned .. s a consequem:e ohuch dela)'d,"d~~/lpartl~$ desll1ng to pbvlate any
question or'dlspute .. concernlng the amount of said damage. and t,hedostand.ffect ofthefallure
of CONTRACTOR;to complete the Contract on tim~. The~bove;S!:"tedli!lUld~1;ed dam'!8"~ ~hall
app.lr sep...,.ately tIl eaQh phase Of the Project for which a time for completion is given,
12,~.2 CI.TY is author~"dt9 dadu,", the, liquidated dam'lll'es from monlesduete:> CONTRACTOR fOr the
W1)tK, under this"C~iiqit¢_t.
140
I VI TheC~mtrac:tTimemay ooly bechangeq ~yawrittenCh.ngeOrder. Any claim for an extensiOn inth~
CONTI',ACT TIME .h.1I be bllsed on wrj\l<in notice ~ellvered tp,h. CiTY and CONSULTANT withlh
five (S) busine" daYUlfthe occurrenc. of th~"yent giving rl~e to· the clailTlanq,$t;a,1:infthe general nature
of the d.lmlru;luding,upportingclata. All claims for adjustment in the Cont"i\ct Tjm~ ,h.1I be eval ..... ted
and recommended 9)' the GONSU.~TI!NT, with finaLapprovaLbythe CITY'SrepresenMtlve. Any ,I)anga ,
in the Contract Time ",suiting from .ny such claim ,hall lie Incorporated In a w,ltten Change Qrd,,,·:
12.5 All tim. limitS stat.din the Contra<;t DocumentS are pith. e.sence·of the' Contra!!,.
12.6 Np daimlor delay,hall beall9wed be\:l\us."H,llureto fOrol.sh Dt'ilwlngs befor,. the expiration of
fourt.en (14) ,alendar days after demand has been made in writing to the CONSULTANT for such
Drawings. Furthermore, there shall be.no mpn"lary <:ompensalionfor'.uch delay and the
CONTRACTOIl's sple remedy shall be an ."tenslon .of timl'f"nh.e period of delay.
12.7 i!Xtenslons to the C,on~'a<t Time ·for delayscausecl by theeffeC(s,of Incl.m~nt weather shall. not be
grantedOnless the ",'lather wasunu,u,1 for South Florid .• and could not have been antlCipated,the
abnormal weather Is documented by tec9rds from·the natlpna,!;we.thenervice and the abnormal
weat.her is documented to have. had a subSllantial affected on the cOnsU;utti.0n schedule.
12.a No Damages for Dlliar The'CONTRACTOR agee ... that he~hall qofhaveany claim for damages due to
delay uniess the delay'.!>>\ceed" ~ months, whllther individli~ntor¢l/n\ulati~ly,andth~n the damages shall
be limited to incj'j!a,.~ cps, of material, that. Were unanclclpated and that would not have been· incurred
but for the deiill" O,herthan as set forth.bove, the only remedy for anydel.y.'shan be·limi.ted to an
ext.n .• ion of time as provided for I~Se¢\i.on i 2,4 whit.n sballbe the sole. and exclu.;ve remedyfor SUCh
resultlngcielay, Other than a. set lorth"b6ve, CONTRACTOR shall nQt be.ootidedto .nlnctease inche
Cpnttati:Price or payment or compensation 01 any kind from OWNERfdr direct indlrect,consequential,
impact or p~,~r ,:~qsts; ¢*pense~~,or ·damages. indudiog:but not )imit;~ to,' co;;ts, of ac:(;eleratlon Qr
ineffiCiency, o.verhe.iI or lost prQfilS, arising b.e,"u,. "I delay, disruptiOn, Interierence 9r hlndranc.e.from
any cause whatsoe •.• ;-, whether .u~hd.lay, di'CURtiPD, Interioreneeor hin'drance be r .. s<lnable or
unre:a$pn!lql,~."fQre$eeable or unmre'seeable. or aVQi.d:aQJe or uijav,~*~able.
12.9 Th'e CONTRACTOll.walveull claim'that are not preserited ~ tI1eCi~ in W'rlting on Qr befor.the 21 ..
day lollowlng,):he d~!i¢Of theevel1tupon which the claim is bas.ed.
12.10 Dispute Resoluth:,n, ,ltanydJspute concerning •. questlon of fact,'an,ses under cheContract. other thM
termination for default or conYenieneer the CONTAAcrOPtand the city department responsl,blefor:the
administration of the Contra" shall make a good faith effort co resolve the dispute. If the dispUte cannot
be resolved: by agreement, thenthedepartll1ent with the a<lvie. of the City Attorney and the
CONSV~TANT shall rule. on the dispucedi,SOe and send a written copy of 111$ decision to the
CONTAAcTOft C"ONTRACTOR shall comply withsueb decisiOn anqshalln.at delayt". project.
ARTIClli J3 .. gIJARANtfil!,
13.1 The. CCl/!ljTI',A(:TOR ,.holl gu~rant.e.nd unconditionaIlY"Wller"n' through.lehenhe manuf.c,u ..... r pc the
CONTlUieTOR~irec:tly, all materi.l. tnll equipment furnished and Work perlormed for pa~~n~
O~fe"lve Work for a perIod of one (I). Year from the dat!> ofFln~ Acceptance as Indicated In the
CON$\)~tANT~etter of Recommendation ofAccep\ilnee ~droro the dat" when the defe" was first
o!>serv4~.I~, Whichever is Ilter. The sam. guarantee ""d ~ncOhditlOljalwarranty sball be extend for five
(5)yeaI'Sfrom til!!. date of Fin.1 ACP'ptance as indicated in the CON~ULTANT l$~ei' of
Recomm$!ldation ofAcceptanc. for liitent Defe,,'v. Work. The CITY Will give no'ice.,f ClQs.",,"g
deflicts with reasonable prOmptn •••• Inth. evantth.,th. t:ONTRACTORshouldfi\j1 to commence to
correcesuch Defettive Work wi.thin .cen (1.0) qlendar day. af'1:er h,vingrecalved written no,ice of the
defect, or .no.uld the CONTRACTOR commenCe the·.co",,,,ctlvewprk. but fall to prosecute the
corrective wQrk'91<ln.inuously and diligently and In .esllrd~n~ wit/! eheContract Oocuments, applicable
la)\l" r ... I.sand ~"'i!UI •• ions, the CITY may declare an e".nt:ol default, t.rmln.~:the Con.tract inY/h"I •. or
in partano ,""s~th.Def~ljve W"rlct;Q b •. removedorcorreccedandtocomp!ete. th .• Work 1\tthe·
CONTRACTOR's ellpense, and the CITY shall cha'$e: til. CONTRACTOR the cost thereby incurred.
Thep.rlormance Bond shall remain in full lorCe and effect through the ,uarantee period.
I ~,2 The'specific warran1:y perlods Ii,ted:in tne Contra" DpeumentS, if different from the perl·od oftirneU$ted
in Settion 13.1, shalll;ake:precedence Over Saction 13.1.
13.3 C.ONTI',Ac.TOR~h.1I "ct as agent. on a limited .basis for the OWNER, at the CITY'. option,sCllely lor
the follow-up cpilcerning warranty compliance for aJI items under manufa"ur.r'. Warranty/Guarantee
and for ~he purpOse attompletingall f<lrm. for Warran1:y/Guarilntee coverage under ,hi. Contract.
141
13.4 In .ca'J>ofdQf~4It by the· CONTRACTOR. the City o('South Miami may procure ,th. article. or .• erYlee.
from other source. and .haldthe'CQNTRACTQR responsible for lID)' .xcess COStS Qccasionedor
lncurred;thereby.
13.5 The CITY may withhold acc~ptance of, or reject Items whlch.r. found up,;m examination,. not t.o meet
the sPectfication requirements. Upon written notifICation of rejection, Items shall be removed within ·five'
(5lbusin .• ~. day. by the CONTRACTOR. at his "wnexpens.and red.llvere<l., hr •• l(p.nill>o. Rejected
goods left langertha.thirty (30) ealend.rdays shall b. regarded as.bandanedand the City sh!llthavethe
right to dlspo.se afthem as it$own pn>perty and the CONTRACTOR thereby waives any claim. to .the
good or to cOmpensation of any kinp.Rejectlon fqr NQn"poforming Work or fanure to meet qeliv~ry
schedules may result In the Contract being foQndln default.
ARTICLE 14. PAYMENT) ANQ GR.MPL.EJ;.IQN.
~ei),,! WContrac:t9r
14.1 1;11. CQntra~torsh~1I nllt be entided to any money for any work performed before th.iSsuance of'll
NOD"" to Proceed Oh th." Jorm deserlb.ed in the Contrad: Documen.tsand the Issuance by.the City of a
"purchase order", or .nyother document. .does not and. shall.. OQt ,authori~e. the <ommencement:ofthe
Work. At least ten (10) <aieodard,ys before each prQgr~S$ payr1!lwfaUs due (but not mOre often than
once a mQnth); the CONTRACTOR shan submit to tile CON~VLTAN'-a p~rtlalpayment estJmatefilied
out and signed by tn. CONTRACTOR covering the Work Perfornieddurlng thaperlod covered I>y. the
partial payment .. tlm~'~.~arid supported by such data a.the CONSULTANT may reasonably require. All
progress payment,applicatiPns afw the·fir$t prqgress paymem; shalf be accompanied by partial rell'lt!'eS of
lien execucedbyall persons, firms and ¢<ltporati';'ns whQ have furnished Jabor, service. or material.
incorporated Into the. work during the period of time· f"rwhl~h tire prevlQ~s progress payment Was made,
relea.bjg .~ch claims and lien rights. if any, of those pefsons.lf paym.ehtlsreq~ested o,nlhe,bas.ls of
material, and equipment no~ Incorporated tn the Work but delivered and.ultably stOred ~tor "i'''''''!te,
thepartlrilpaymente,t1mate shall 0.1'0 .I;leaccompanled by such. supporting; data, satIsfaCtory to <be CITY,
which establishes the 0WNER'S title to thenia.teri.1 and e.qulpment •• well ascertlficates.of Insurance
pr9viding cQverage for 100%. "hhe value "f said macerial andeqp!"nient~overln~the,.m •. terlal and
eq~ipment from all casualties as well as theft, vandalism, fire and flQOQ. T~e CONTRACTOR shall replace
at its,e'!!>"n.e any ~tored macerlals p,ldfor which are either damaged or stolen before In~i;a,llatlQn. The
CONSUL TANTwiU within ten (10) calendar·days after receipt of·eaeh partial p'Iyment estimate, either
certifying.ln wrltl~g Its. opproval61 payment and present coe.partial payment estimate to the OWNEiR, or
re.turn the partial p.,ymentestlmate to the CONTRACTOR. indicating In writing his rea.emlfor refosing
to .approve payment. In the .Iatter case, the CONTRACTOR may make. toe necessary corrections ·and
resubmltth .. partial paYment estimate. The OWNER. will within thirty (30).qoiertd.r daysolpresentatlon
to, it ofariY appl'QveQ pi\l:ti~1 payment estimate. parthe CONTRACTOR. pr0!l'"ssPaym"nt on.th'lba$ls
()hhe approved"pa~;q.1 payrnl1Jl:l,t,e$timat;~;, Th~ OWNElt_~ha'-l ,·~tain _ ten '( I 0%) percent, 'of the amount of
e.ch payment until Flnol Completion and A«eptanceof oU WorkCQvere.dby,.~~¢ CQntractOocuments.
.Any. interestearn.dQn~he retalnageshall accrue to the benefltofthe OWNER:.
14.2 The CONTI\ACTOR •. ~~f9'" .Itshall receivaflnal payment, shall deliYar'to the CITY. Contractpr'j, filial
Payment Affid.llit ~'··!~dort~ In .the Flariqa C~,"s.tru~on Lien. Statute as well as flnal release. of Iten
executed by all·l1o'$On. who have performed or fur'ni$he!ll.bpr. services orm.terials, directly or
Ind'rectly. whlenwaslncorporated In,o the Work If any Person refuses to provide such a release a.r
provid •• a conditional release. thE> CITY shall.have the right to is.ue a Joint check made payable to the
CONTRACTOR and such person.
-Contractor's)N"rtanty pf litle
14.~ Th.e CONTRACTOR warrants and guarantees that title to all WQr~: maceri.ls. and equipment, covered by
.n Application for. Parment whether the. Work, material or equlpmelit is Incorppr.tli!d in the Project Or
nO(; shall haVe Pass!!l(j to tI1e'OWNER prlQr to the making e>f the Application for Payment, (rea·.nd clear
ofall,lIens, claims, ~e¢\i~ltY)nt.r~.t aod encijmbraoces (hereafter 10 these aenoral Condidons r.I.~redto
a. "Lions"l: and thllt no Work, mat.erlal. ot equipment. co~ered by an Appllcotlon for Payment. will have
been acquired by the CONTRACTOR or brany other personpeM'ormiogtheWorkatthe.slteor
furnishing malerlals and eqUipment for the.Praiec~ under :or pursullMt to an agreement under which an
Interest therein or encumbrance ,hereon Is retained by ,he seller or <ltherwise ImpQsed by the
CONTRACTOR or such other person. '
142'
Approval, of Rayment
14.4 The C.oNSU~TANT's approval of any p~;.:m.nt requested in a" Application for I'l!ymel)t shall constitute a
representatlond?y him to the CI.TY. based on the CONSU\.TANT', on sit. observaiio.ns oLthe Work in
progress as an ""petienced.professional .nd onnis review otth-Application for Payment and sUPpQl'tlog
dalil, that the Work has progressed . t.O the point. Indicated in the Applicadon for Payment; that.. to the
best his .knowledge.lnformatlon ~n~ belief, the quality althe Worki, in accptd4nte with the COlltract.
Documl'l'\t§ (,ubi_at<> an evalua~,:," anhe W",rk asa fUnc,;oning'PrQj~ct upon substantial completion as
d.firi~dln Article I. to the results "fany subsequent tests caltedfor In the Contract Documents and any
qualifieati"ns stated In hiS. approval); and ti1atthe CONTf\ACrOR Is entitled· to j:>aymMt of the amount
appro¥ed. However,byapproving. any such paymenttlr. CONSULTANT shall "pt therllbY be· deemed
to haverepresented that he made exhaustive or q:mtinuous <In-slte observations to check ;he qu.aJity Or
the quantity of the Work, orth.at hi! has reviewed the means. metjl<;rds. techniques,. SIa<Juenc"sand
procedure. ofCOnstrllctl<;lO';''' tilat he had made any examination toascl!rt;i!!.n how or for what purpose
the CONTRACTOR has used the moneys p~id or to. be. paid tohim:.Qn ~~~Q~.n.t of the· Contrac, Price, Or
that title tOllny ·Wor~j materials. or equipment haspaSled to the',OWNER free and clear c>f any UIlO ••
14.5 TheCONTI\AC'f'OK.haILmakethe foliowiclg('WI;16qti"n on e.ach request far payment:
"I·he"ebycertlfy thaqhelaborand materials listed Mthis r~9u •• t!Qr payment ha~ been used In the
<aOStfUctron ofthis·Workan<;lthatall ma,erials:lncluded in thlsreques' for parmeotand no.tyet
I"Garparateu into. the construction are now on·the site or stored at an approved lacadon, and palme",
reCeived from the la.s' request for Payment has.b.en used to make paymen,,!' to all his Subcontractors
and suppliers, except!Qr the. amounts listed be!QW beside the names Qfthe.persons Who performed work
or supplied materlals'·.
In the,event that the CONTP,ACTOI\.withholds payment frQm aSu.bcontractor "rSupplier, the same
am"un' QlmoneyshaU beWlthh.td fr!>m.the CONTRACTOR'spaymen, uotiJthe.l$s.u,.'f'·resolv<!d by
writt~n agreement beJ:we.en them and then,a joint check shall be madepayllble to the pers", .. in. questiOn
an~tile CONTRACTOR .lna.tordam::e With the sett!em~nt agreement otherwIse the money ,hall be
'held by the OW",Ei\ until a judgment Is 'entered In favor 6t the q.oNTaAcTORorthe person,lnwhich
,(o.eln_money ~h.1l be pil/d.accorc:llng with s.aldjudgmenc. Nothing contained h.ereln shall Indicate an
jntlln' to benefit any third persons whpare "otsignatorii;sto the Contrac!;.
14.6 TheCONSl)L tANT may refuse to approve the whol.~Qt •. nyp.rt of any payrffilntJI. in its opinion, it is
unable to make $uch reprlls.entations to the OWNER·~ requi"eQthis. Section 14. It may al.'o refUse to
approve any payment, or it may void any prior payment applic.~oncertiffcatiOO because of subSequently
disCQ.vered evjdence_or th~rre~_vl,~-,:of sub$eqijent; inspection or t~~~ to such'extent as-may be nece.s~ary:
in its '1pinlan to protect the OWNER frol1'\16~s becau.!>:
t4.6.1 bf Defect_tIve. W:o~k:. -Dn::Qm~fetecrWbd( hat; bt!en·.d~m_aged rElIquiring cO'ri"ec'tion. or r~pl~c_eme'1t
14.6.2 the Work fon,,,hi¢hP.yment is requested canMt be verifled, .
14.6;3 claims of Liens have been flied or rec.l~d. of th.ere is reasonabl,.·eviQen¢~ indicadng the probable
flUng or receipt 'thereof,
14.6.4 the Contract.Pric!> has. been reduced be.cause of mQdiflca~fons,
14.6,5 the CITY tws ,ortect Defective Work or completed the Work in.crord.n.ce with Ai~ic.1e 13,
14,6,6 of unsati,facwry prosec4tlon otth. Work, including fail"re,to.lean up as required by paragraphs
6.29 and 6;)0.
11.6,7 of persistent failure to cooperate. with other contractors 00 tll:. Project and persistent failure to
c.rry o~t the WQrkin accordanc .• wlth,!h. ContracdDocume'lts,
14.6.B of IIqui(i.ted !lam.ges payable by the q(;)NTRACTOR. or
14.6.9 of any olllervlol.clCio of. orfaJlup!> to comply wit!! provlsiqn. pf the Contract Documents.
14.7 Prior to Final Acceptance the OW"'~R,.wil:h the .appr.avaloftheCONSUL TANT.may use any cqmpleted
or substantlaUy completed portl.ons of d,eWork provid.ed ,u<1I use does not interfere With the
CONTRACTOR'., completion·ofthe Work. Suth use shall not c,mstitUte an a"c"prance pf sijch portlon~
ofth. Work.
14.8 TheCITYshalJhave.th~ right to enter the premises for the purpose of doing Work not coVered by the
Contract Documents. This Pf9v',siqn shall not be construed as relleving the. CONTRACTQRcofthe 'QI.
re,sp\inslbllityfonhe care and protection of tbe Work, or the restoration of any damaged Work eXCept
such ~smay be caused by agen" orempk>yees afthe OWNER.
143
14':9 Upon completion and acceptance of t~e WQrk the CONSUL TANHh~lIissue a C~rtiflcat. attached to
~e Final Application for Paymenqhat the WorJ< ha~ b"enacc~pted'by it under the eondltlQns of the
Contract DocumentS, The entire balance found to be due'th~CoNTRACTOR. Including the re..,ineg
parcon~ .. but except s!l~~sum. as, may be lawfully retained ,by,the'OWNER.shall be paid to lI1e
CONTRACTOR within thil'1;)' (JO) calendar days of compl~tl'm and'.cePtanc!'oflhe Work.
I '\.1 0 Upon The awarded CONTRACTOR 1'1111. be .tr.ongly encoUl'ligedto ~gl'~r"li an ePayables Vandorwlth
,he 'Owner. The Bank of America .• Payable. SolUtion i. an automat~d Car:d paynient prQc ... that shifts.
,ccquOtS payable disbursements tQ <orpohlco purchasing cards. ePayabl •• , streaml.!"e th~· proC<lssof
makingpaym"",t, to Yllur organization going fQrward. the City will provid~ th'eCONTRACTOR with.
q~edlt"~r'd at:CQuo' numberto.keepon file. This (lard hal uniquesecurl;y feat4r~s. with$O ofavailOlble
funds until an Invoice is a"pr"veMorpaymen~ Aft;er an invoice has received pro!>er "nd complete
'approval, '"electronic remittance advice 1'1111 be ~eOt vi. e"(II,iI, <IT fall. which notines the
CONTRACTOR th.tt?~ fund, haVe been tranSferred In totheac~ount linked to the card for the amo~nt
nsted ~n the invoice andli>r re,mlttance emall,·Ple'.e refer 10 theePayOIble. Q.u.1l4tIOn's :& Answers Form
con~m.d in·"his,RFP·.or contact the OWN~R·.s Finance department .• t (305) '~63,~343 with anY questions.
Acceptan~':-:Clf Final :piJymljot as gelE!ase
14.1 I 'The Acceptance by the CONTRA.CTO R of Final Payment shall bea.n,d. sh.al! op~rate asa releasno the
OWNER and a w.iverofall claims and aU liability to. the CONTRACTOR'.Qther than claim_previously
~i~~ i!J1d unresolved. The waiver so_I! Include a!! ,hings·doneor furnished· in ~onnection wito the Work
an,cjfor every act iI!ld neglect of the OWNER.nd others relatingeo"r arising out ofthls Wotk.Any
payment, however. final or otherwise. 'hall riot rel.ase the CONTRACTOR or its,ur.ti"'. from anY
obligations under .the Cqntract Document' or the Performa~fe ~ondand Payment 80nd,.
14.12 The CONSULTANTmaYVqlq any certification ofSubstantl~ CQl)'Ipletl(m Or final Completion ofthe
Work as may be necessary in hiS oplnio11 to protect the OWNER from Itlss ifhe determines. because of
subsequen~y di.l:overed evidence (lrth. r.,ul\$91 sub,equent Inspl!'cpon of te,!;S. that;
14.12..1 thevyo.rkis olefective. or thatthe cQmpljjted'Wor~ has been damaged due to ttl~ fault!)f the
CONrRACTeRof~ny Individual drentlty qperating ynder <"through It r"'luiring ~9r(.Gtion
or replacenient to th.1! ~.nt that the project is no lOnger Substantially Completed. orin the
ca'e .ofFinal Completion ~ertlfigttiQn, is np longer ~inally Compete".
14.12.2 ,h. ,Work necessary to be completed for the purpose o('certlfylng tb~ workiis.being
SUbStantl.JiyCompletedor FinallyCompleted ¢annot be verified,
14.12..3 ciaini$ ortlells have beeo6led or received .• ortherei, reasonable evidence indicating the
pr9babiefilingQrreceipt,hereof that. ihalid and Pal<l. would. reduce the amount owlng.lOthe
CONTRACT9RSY 2Q%Jn the case of SUbstantial CqmpletJon and &% in the cas. of Final
Completion. . .
14.12,4 there·is D!>fect:lve' Work the value of which. ifdedlJl;l:ed i«,m the.toorra<:!: pri". ",<,ul.d re~u<.
the 'amount 01l(Iogto the CONTRACTOR BY2Q%"ln th. case QfSu.bstantial CQmpletion.and Sr-
In the cas. afFinal COI\Jpletlo".
14.13 Ifth~CONSU~ TANT de--certifies any pqrtj'pn oftheWorkthat was certified \''In\tlaICettification'') by
theCONSl,lLTANT; .the CONTRACTOR shall repay to the City of South Miaml.ny mon~y paid.,.
reswt of said Initial Certification b~lng Issued which shall "epaid ooly when the decertified work is r~
certified.
ARTIe'! f IS -SUSPENSIQN Qf WORK ANQIEBMINMIONi
IS. I The CITY may. at any time and wi\l!out Pause. suspend "",Work. CIt' .nyportiQn thereoHol' a Period of
not moreth.n ninety (90) calendar days by notice in writing to the CONTRACTOR.ndthe
CONSULTANT. whlcp shall nx: the date on which Work shall be,.resume'd. The CONTRACTOR shall be
allowed an Increas" in ,the.q"ntract Price,'or an. extension 9f t~e'Cpntract Time. or both. directly
attrlbuIilPle,toany'suspension and if a claim is timely made and if it I. allowed under the terms of Artltles
II or Article 12..
CItY MayTerrn'rtJate
15,2 If the CONTRACTOR Is adjudged bankrupt or insolvent. Qr if h'" make, a general assignment'for the
benefit of its creditors. or if .• trustee·or receiver is appointed iQr th~ CONTRACTOR Or fo" ary its
property. or Ifhe flies" pe):ltion to takeadvantago of any debtor's act, .01' to reorg.nize under bankruptcy
Qr slmil..r 1 .• w5. or If he repeatedly fall; t9,.supply suftlclent skilled work.men or suitable materials or
14~
¢llvipment, or if he repe.~~Q'yfa!ls to. make prompt payments to Suq,:Qntracto.rs odor labor. materials Dr
equipment or liodlsregards'aws, ordinances. rules. regulatiorrsatorqers of any public bodyh,villg
jurisdiclion.o" if he disregards'~he.ud1<jtity of the CONSULTANT. or if he otherwise vl,~late. ,any
proVj~I~n,of. th~ ConlractCocuments. then the CITY roay. without prejudice to. a"yother rlahtor
remedy anc:f aft~raivinl! the CONTRACTOlhnd the Surety ••• e" (7) calarldar days l'irlttennoth;e.
terminate the .etvlcesQfthe CONTRACTOR and take PQ •• asslon of thoPraj_.t and of aU macer,lal •. ,
equlpl'l1ent.tools. calistrUcUonequlpment and machlMrythereon oWned or the CONTRACTOp" ~nd
ftnl$hthe Work by whatever method It may deem expedient. In such ~a$e tbe CONTRACTOR shall oat
be en.tj~e!l to recelv.eaoy f~rther p.yment until the Work is flnished. Ifthe unpaid balance of the
Contract Prlce·exceedsche direct. and indirect ~Qsts of c9mpteting the PrQject. including compens'liao
fQracldltional professional'eMc ... su .. ch excess, shall be paid to the CONTRACTOR. Ifouth cos~
exceed SUch unpaid balance. the CONTRACTOR or the Surety an thep!!riatmance ~<!ndshall.pay the
dlffetilhce ~p tije OWNER. Such COsts incurred byene OWNJ:R shall be determlnedby,t/l.
CONSUlTI\Nrrand iOc9rpOrated In a Change Order.
If after cermlnatlonot'the CONTRACTOR under this Section. it i$ determiriedby a court afcempetent
jurisdiction f9rany re ... on that the C0l'llTRAcTORl'I'as not in default, the: rights and Qbligatlans of the
OWNER l\Ild the. cONTRAcTOR shall lie 'he,san)e,~ if the termination had been j~sued pur~uant to.
Section r 5.5
IS.3 Where the CONTRAcTO~S services have been so termlnate.d ~ytl>¢CITY sajlJtermlnadon shall not
affect any rights olthe OWNER againstl'/l!!c CONTRACTOR then existing or which may thereafter
.ccr4,0, . Any retention or paymer" of moneYs bycoe OWNER due the CONTRACTOR, shall norrel ••• e
ihecONTRACTORJrom liability. .
1.5.4 ppaJ\$even (7) ealend~r.<I.ys WI'itteh nodceta the CONTRACTOR and the CONSU~ TANT, tha CITY
may •. witllo.ut cause .m'l'without prejIJdice taany otheNightor remedy.ele<;t to terminate (1)0 Gqntract
for ,h.' convenienae ef the QWNER.ln such case. the CONTRACTOR shall b<1 paid {"Nil Work
executed ~nd accepted by the CITY a,of the dat. oflh". termination. minu., any deduccionfor damage or
DefecUve Work No payment shall be made for profit for Wark whkhhas noebeen p.~,riorrtied.
IS.4A The CITY reserves.t!". right In the event the CONTRACTOR cannot pravlde"n item(s) qrlervi<;e(l) in a
timely manner asrequ .. sted. to obtain the.go.ad.nd/Qr services frarn otherSQurce, and deducUng the
COSt kam the Contrm Pric," witllOut violating the Intent of t!W Contrae1',
R~mQ~i of ~Qvjprt)ent
IS.S In the ~$e aHerroinatlon of thisCont~ct beforecomple!lon {or any cause wlj.te~et" the
CONTRAcTGR. if hiltified to do So by the CITY, shaJi promptly,r"",,,v .. any parcQnll Of its equipment
and supplie:s from the. proPertY of the OWNER. Should the' C0f>lTRACTORn,,' remove such
equlpli!,enund supplies. tneCiTY sh.!r~.ve'therll!ht;toremove them at tneexpense Qf the
CONTRACTOR and the CONTRACTOR agreesthat,th.,QWNgRshall.not be liable for loss or damage
to such equipment ar,upplle.. EqulplllJO.nt and supplies shaUnot be ceQnstrued to inClude such i.tems for
whlcnthe CONTRACTOR has been paid 10 whole or in part.
ConttactQt May Smp· Work: or T~r~
15.6 If; throu~ no. ~ctor faul~ of the CONTRACTOR. \f)l;t Work i$ suspended for. period of more:than
nlnety (90)catendar days by the CITY or by otder of other public autharity •. orv.ll<:I.ran~rd.r of court
anhe CONSUl, TANT falls tOac.t on any Application for Payment wlth,n thirty (30) calendar d,.ys after It
iSSuQmlfted .. ar,ne OWNER ,ails to pay the CONTRACTOR any s4fnappraved by the CONSULTANT: .
.withinth,i~\Y (3QJcalendar days of its appr"v~l. ,10<1 presen1iation, then theC;ONTRACTOR; may., upen
rwen1t(20) ",le"dardaY' w.rltten notice to the·qTYanq tb~ C.ONSULTANT. e"rminate tneContract.
The.CITY may remedy the deli!y or negjectwJihln the twenty(~Olcalend .. ' daytlrlle frame. If timely
remedied by the CITY the Contract shall not be considered l!etmln'~ted,. lo.lieuof terminating the
Cantra<t, if thl> CONSULTANT has falledtQ act on an Applic~tion fQr Payment or the OWN~R.has failed
to make any payment as afore said. the CONTRACTOR may upon.t.n (10) calendar days' nollee to th-
CITYand the CONSULTANT stOP the Wark~ntillt has been paid allamo.unti then due.
Indemnification of I09ilm0dfmt Consultant-
15.7 The CONTRACTOR .n9the CITY herebyacknavvledges tha,t if theCONSU", TANT is an .Independent
contractor of the OWNER. the CONSULTANT may be reluctant to rule on any disputes concerning the
1.45
Conu-act Doc~menq. brem ~he performan •• ofthe CQNTI';ACl'OR or the OWNER pursu~nttp .~he
terms ,,{the ¢on~?!~'pq~um¢nts, <her"fo"", the OWNER; at. th •. CONSULTANT's requ.~t; agree~tq
proVide the CONSUL:rANT with.a w;rl!ti!n indemnlfimion and hold hl\i'mle,ssagreement to indemnity !
and ,bqld the CONSUl T ANTh.rmles~. as to annl.eclllo.n ill thisregardbeforeth@ CONSVL TANTmak~.
an interpre!;ltlon, .de-certifiesa payment application, decertifies Substantial C(lmpletion, decertifies. Final
Completion, Certifies an eventof.default, or .pprove.s'anya~tian whl.ch req~ires theapp'rovai!of the·
CONSU~TANT.
ARTICLE" -M'SCIiiLi,ANEO!:JS,
10.1
16,2
16,4
Whenever any PI'<1VI~i()n ofch.": Con~raa D"cumentSrequir~s th~glving of wri.ttennocice It shall be
.de.emed to have be~11 vaJillly given If !I"livered ioperson ~ the IrlfMdual ,,.to 11 member of the flrnj'</r
,t(I."" offlcerofthe'corpQi'l\tion for VJlhQm it Is intended. orifdelivered at or sotlt by registered or
cilrtifleQmall. postage prepaid. (0 the Iast.kOllwn bu,iness .addres.,
The COl)tract DC/cuments shall remain tlr. propertyQf thl> OWNER. The CONll';ACTOR a~the
CONSULTANT shall have thMlght,:ta.ke"pon" record set of the Cllnu-act D,o.tuments'upontOmpletion
of the Proj4<:t.
The duties andobllgations.lmpose9 PUhese Genel'iHlondltions, ~petial C<lQdltioM andSupp!ementil!1'y
Conqitjon$,if any, and thoIrlghts.a\lQremet;!i.s.vaiiable hereundet"and,ln partH;ul.r hu.twith!M
Urrlit;!tion" ~.warranti.es, guarantee$ an.do!>ll~tiQn$lmpQ .• edup"n CONTRACl'C)R by t" •. Contract
Docum.l!l1t •• n.d ~.e.r'lghts .and remedi •• ~v"'l.abl. t6 the OWNER'and CONSUlTANT thereunder, shall
be In addldon t9,al)d$ha!l ijotbe construed In any wayesa IImit;!t;onof. any.rlghtsaild remedies lYaIl.bl.
by law. by spedal guafant$ or bY (ltherprovlsions of the Cont"ct:DocuOlents,
Should :the OWNER 'W\b .• CONl'RAc:TQRsufferlnjuryor damage to It .• perstln or prope,',y becaus~ 01
any error, omission, or Mt oftl1e"~t>~rptof any ofth~lr employ.e, or ~~ri~or others for whose acts
elreyarel.gaUy liable, claim shall be m:"jeiry Wri!lh~tP,th<lather pa"")' WlthlntloVenfJ'qne,(;l,Q calendar
days of the first observant. of sU .• h Injury or damage.
ABDCLEI7 .WA.",BQP WilY TRIAL.
17; I OWNE;R""d CONTRACTOR ImoV/ip8!y, i"tevocaplyvoluntarily and l!fterl~jbl1l!nyW<!lve. any ri~ht either
may haVetoa"rlaIQY l~"i' In State or Feder • .! Court procel!cliogs Inresp.a to any acti"n, pr9Ceeding,
lawsui; 9r c,'lynterci.im:arising out of the Cantl'llctDocumentsor the performa~ce of (he Work
thereunder.
ARTICLE 18, ATTORNEYi FEES IURISDICTION (Y!i;!iUE I GOVERNING LAW.
ra. I The Contr,cuh.llb:. construed in accordance wlth andgovern'''1 ~y the .Ii1wof theState,of FI.,rilla.
r~;2 The<~tes', $ubmit to 'the, i_yris,<ficti9h of-a~y ~1.H''t qf (QOjpetEiht j;urfsdlCtlon i~ FI9rijd.t-~_;arditJg any clilim
or action arising out"f Qr re.latiog to the Contract or Contract DocumentS, V,,"ue Of any ·acti,," to
e.,force the. C"ntractsh~1I ~e in .Miami.DadeCounty, Florida.
18.3 Except a. !l1ay beotberwise provided in the Contract Documents,· all qt.irn., counterclaims, disputes .nd
other matters In question between the OWNER .m:hhe CONTRACTOR arlsing!?ul of.or reJatlogto
chl,Contract qr thebr~ch thereo'!, shan be deoide·din;Hourc.o!tornpetent jyriidlq:iQn. wit.hinthe State
of Florida.
ARTICLE \9·PBQleCT 8e~QI\Q$,
19, I The CITYshalrh,ve right to inspe¢tand !:QPY during regular buslhess ho.urs at OWNER'S expense," the
books andrecordund actouhtsof CONTRACTOR which relate in any way to the ProjeCt, and"!o any.
claim for ~dditlqn~! 'I'>mp~o,ation made by CONTRACTQR.;and ~ conduct an audit" ofth. finanCial and
accaunti"/1,e<ords ofC;:ONTI';ACTORwhichrelace to th1!!Projett, "CONTRACTOR_hall retaln and
ma~!I avail.bletoCjT¥,~II. Stich b"Ciks 'rld records and ac<;ounts, ilil~nclal .Qrotiherv.iise, whitih'reJattl \9
the .PrQjectaoct to'any ch'im fbt a period atthree (3.) years folioWingflnaJ cp(nPletlon of the Proiea,
Durlng1hePrCilect .aAdthe three (3) yearperiod)foJlowlngflnal completion of to_Proje.t,
CONTRACTORs.h~1I provide CITY a<:ce~sto its b90ksand records upon flve (5) business day'. written
notice.
19,2 CONTRACTOR arid all of itS subconP"aaorsar~ requir~d tQ complywiththepubJicrecords law
(,.119.070 J) while .provlding s~Ni.eq," behalf·of the OWNER and the CONTRACTOR. under such
conditions, shall incorporate th." parllQaph .in all of Its subeon'r.a"" for thts Projea, CONTRACTOR
i.U
9. It is f~rther mutually aareed between tho) part;". hereto mat if a Paymehtam:i/Qr PerfQrm.rrceBon~
("Bpnd") Is requiredalrQ' If, a:tan:ydme.fl:~wtheel(ecutiCln 9fthis C6nt""~ and tneBondfor I.~ Taithful
perfQrmanc~and payment. the Clty.hall deem the Surety or Sureties . uR~n $u.~hll.on<l(~Jto .. I;I~
un.attsfa!:tPry,Pf if,f"" ,anyrea:Qnsuch bond cease. to be adequate tQ . CClver til .. pI\rfQl"Il1an~"Qf ".1/1~
WQrk Or payment rosubCl;>ntra¢\Qts ,~nd.uppllers.the C':>ntractofShall. at Its expense wlthl~ fIVe (5)
business day .• af1;er tberecelp~ qfnC!tlCe fl'Qmthe Cltysc! tod", furnish an additional bondo~ bondsiiJ
such /ormand 'amount and wlthsuc;h',S4tety 9" S~retleu •• han Pesati.faGtoryto·the City. In such ,even!,
no further payment to the Co.ntrac!Qr •. h.Il' be deemed tQ be queundert!1lsCQntract until such new or
a.!ldl.t:ional security for the falthfulperformanc~ of the ',IVqrKis furnlsheli In thl!'manner and Iwt!1e form
~tisfactQry~o theCi1¥. '
J q.No ~c:ldltlonal Wilrkor extrasshall be dQI\e unless the .same Is dulpllthQriZi)<! in wri1;lng",.nd In.dvi\nee of
the worR. by apPropriate action by <h. ,City and in a«ordance with theCont",ctDoculnents.
II. ThE> datetliat this contra~, WaS "malle',and entered into" and its efi"ectlve·date.isthe dat~ th.aNlj,/! c'??t",ct Is
the slll"ed by theCI1¥or~;Jf):/)~ c'mi~Ct is r~qYlreQto be approved by rl!solution,Qf theGlty C"mmls.l~n.;then
\hI! Effective Date 10 the date .. ofth. ".solulipn approving the Conrr.\Ct whit!1exerls the I'cerdate,
INWITNE~$ WHEREO~.the p.";,,, hereto have executed this Contract: on the d.rand date s!'ff"rth
nexttotneir haMe below and !'nlIyb .• ~igned In aile Qr rogre, ,o,unter ; chof which sball,wlthoUt proQf or
accounting for tlte other counterpart. ~e' deemedari.Qrl~hal Con .
Sl.$I'atu : . CONTRAC. o~~: ~~~~~~~~~~~~f!j.lll'lIJe(," ftle Print SignatQry' • .'Name.\ 'e:A
Title ofS!;n.tory: ~
ATTESTED:
Ma'ria Menendez
City Clerk
Reil4and.Approved jjJ1;O form.l.an~uage.
l.gali~y,anQ ·.i3xetu1;lotl· Thereon
Signature: -.:::--::"'" ______ --.,.._
CIt)' Attorn_)!
122
OWN.ER,C;ITY OF$OUTHMIAMI
Signature:
St.w,," Alexander
City Manager
EXHI~IT6
CONSTRUCTION CONTRACT
GISNII!RAL (:ONDITION$
"Milltijl!lrP9~ .. Fi .. ld " .. novations at Murra,)' Park~'
RFP #PR2Q 15.25
ARTICLE I _ DEFINITIONS
Whenever U$.d in th •• e GeneralCondltlon$or In1;l1e other cront .. ~ti)Qcument., the following terms 'ball have
the meaning Indicated, The,e definitions shall always appl1 when tIl~ section of the Contract SJ1l!l:iflc,dly refers to
this Articl~for the. pu.."",. Qfinterpr.tln~;.,word or:groupof Words!n th~t sectioil. <:If theCOntfilil!l.Dpcument,
However, when the section of the qoritrltct,wherethewordtcrb.:deflned'is used,do.s,.n9"lsp.d,flt;ally~efel'$~
this Article to deftne th.,word :oQwouj> ofwords.·the deflnil;lonscontall1ed In.tIllsArdde!,hail hdtapl1lyunl~~
!the word pr group:ofword;,:lnth~"Qntext of It Or tIlelru! •. I~ the'C,;mti;lct'O"cu",ent io:quesl;lon.illfar,e
~fribi$U~U. and open fQrlnt~~pretation, In addition, the •• deflnl.tipn$$hl!l.I.lsoriotii!lply.~ In~rp"'t ter"'slna
spe<:lfic p.ro'yi~IQnpf~ O<>"t)'joctDocument If ,haupeclficprovision cQn~jn.a defirl!:iQnof these terms;
Addenq;.IWritten,or.gl:l\phic:doc~ments Issued prior'tl> ,he BidOp.eolngwhich rnodlfy'l>r interpret t".:Contract
Documents" Drawings andSpeclflc:atIOOS, by addl,iQO, deleti!>n •• ciarificationsorcorrection,
~p!I"iItjgnfQr ~m:: Awrm approvedbyth~ CONSULTANT, Ifaoy. or the City Managerwhichi, to be used
byth_CONTRA:CTORinrequ •• tingprogreSS,MYhlents, . .
l!kt. Th. offeror' PFOpotaLofthe Bidder ,ubm'ttedon the prescribed farnn.wng I<\('th,he prices.nd, other
terms for the Wqr!< to beperforme<l,
~Any persoo,firm or ~orporal;lonsubmittlnga.res!>Onse·t().the OWnet,.,solicltatl"n for Prop()~als or bids.
tor Work,
Bid DQcMmenw" The .olieltatl"," fpr bid. or proPQsal, ilridill.l do~u(l\~n~ that ",ak" ~p the.solicitatlon Ineludlng
the ipsth),¢t!QI)S, form Qf.doc~m.ntsand ,tIlda.lts,
~ Bid. ~Q"d"p.rtorinan~ .... n.d payment bonds and other Instruments Qf $"c((rlty.fu",lshed by the
CONTRAC1fOR .• nd Its:surety in .,cor<la"cawltIT the Contract:.Document$1l.nd In.ecotdancewltbt/le laws of
the State,of Florid ••
C;Q.n~eOrde[' A w",ttenord"rto the CONTRACTOIHlgn~d by 1'h." City Manager .uthorlzlngan addition •.
deleti,on or reviSIon in the Work, oranaqjustment In th" Contract Price or th"Cdntract Time issued.fter
el(ec~!IOI\ of tIl.e. Contract,
Work Or<t,r ProPOUlo: Wrlt;ten prllpo.als from the CONTRACTOR In response to orders qr req~e$tfof work
based on the.·Scope of the: WOI'.k p"dVld~i:I,QY th~ City wth~'CONTRACTO~ The prop."".!. In.lyde$ line Item
pricing; where thereal'l! my!~IR.!¢.I.oq;.;~on$, .. ~nd toetlniefram. fQr compledllllthework,
Qn': The City M.n~"fl:>,.th"Ci'Y<if South Mlami,6.130 Sunse~ 'DRive,. :So~t~"'laml, Fl )~H~, unless. the
CO/ltext wherelntheworq Is u.e~ should more. appropriately mean the Clty<lf SouthMI~lT)i"
.c;OOstOlctjQn Qt!$eql!~' .An.\I~~litized representative of the .c;ONSULTANT.ifany • .,ro,herwlse a
repre.entatj~eofthe:.Clty a.sill"ed to obterve the Work pertormed";WQ material. furnished by the
CONTRACTOR,. Tbll CONTRACTOR: shall be notlned in wrl\lrg9fd\e:'(d¢oii%fthls representative,
CIlPU'i,t Pii.WbenjS< TheConvact DQcuments shall InclUde the C:onvactbe:ewe.n the Owner and tn.
C(mtraCtor, other dpcuments listed In the Cpntract and modifications issued after O)<e~ution of theContract.s
welLas all Bid Documents Inclucflng!1ut!lPtlimi~cf to thespllcltadon for Bid, CONTRACTOR'S Bid, th~ ~jlds,
Insurance endorsementS •. Insur;tnce Cen;ifrcates and !>Olieie., the NQtlce, of· Award; the No~!ce tll Proceed. the
General Conditions .• Special <;:onditions .• Ihny, any Supplem1'ntaqCondklons,.the T eclmlca1Specifrcal;lons,
DfI!wln~~.lncludlngany·incorporatedspecifi~aljons,. addenda.~o.thedrawil18slssueQ prior toe"""uti()n of the
Con;ra<i~ .. :<::"~naeOrqers,Constructlon, Change Direcclv". ai14~QY wri~n order· for a ",Inqr chang"locne
Work, an<lwrl;~n modlflcations "1 anyo! the Contract Documents.
CQOl:nU;t Prj..,' Th.1:otal mon~Ys payable to,.th. CONTRACTrOR:,pursuanttothlfterm •. ofthe C,mtrag;
Documents,
j:qntrl!!;);'l'1h)$" Thl> number o(·calendar days stated intheC(jn~¢(fQrthe complet!on of the Wor!!,
Contraqdnzqffir;er; The In.divldual who Is authoriz.dto sign the aontril<'t~,,~~lT)entson bl>ha1f of the QWNeR.
CQNlMQyB: The person, firm Qr corporation with who", the:OWNER has executed the contract,
C:;ON~ULTANT: The person identified as 1;I1e CONSULTANT In the Supplementary CQndltions or, If n<:ine, th.h
CJTY~s':deslgnated representative as Iden~fled I~ th~Sul'plehlentary Conditions,
121
1 .. 9,3
and its subconl;l"attorure sP~(ificallyrequjred lO'{~)I(~epan9 m~jntain public records thator~'narUy
and ne.essar!lywouid be teqvired byme!'pubfic agency in ordertQperfQrm the.ervice; (OJ Provide the
publllZWithllcceSs to pybl!c recqrds,QIl me same terms and cQn~itiqM;m.tthe,publi~ agency,woul<!
proyide the record. and~tA cost that dOe£ no,! exceed the cosPJiroyided'in thisehapter or a.Omerwise
Ilrovidedby law; (c)'En',ul\\ that public rec<lrd.that are exempt Or confidenti~land exempt from public
records disclosure re,quirernents aren(jt d,\sciose!i e)!c,eptas authoriz.dby law; and (4) Me¢tall
requlremeoitsforretainingpubllc records and tr,nsreK,,'tOO qost, tome publl~ agenqy~tl pvbllc reC(jrds
in po ••• ssion of theC¢)OI;I"~ctor upon termination of th~ ~<!flP1\~t. and destrOY any duplicate public ,;re~(ll'd\
that are exempt or .~Clnfiden!ial and .exemptfrom public recClrdsd's\;!os(,lre'requirements.AII r~C<lrd.
s.tored electronic.UY mu.tbe proyia.dtoth" public. agencY in 11 format that Iscompadble with tn ..
information technolq!lY systemsP( thepublle ~e",;y:
If CONTRACCiOR or its subel,lDtra<;!:or dQ". "otcQmply with a public rec9q:Jstequest.th.e;CITYshail
Nwe the righ~toenforce thiscontf1\\:): prqvl,lonby spec1licperformance·andtheperson who viol.ates this
proylsion .halJ bella!>Jeto OWNERf(jr Itscosts ofenforc.in!lthisprovlsl"n.'in¢/Udlngattorne)<fees
incurred in,<Il1 proqeedln~s.',whe;heradtriinistratlveorclvll ~,*rt ~nd in..11 .appellateproc.eedlngs.
ABTICl.E lD -SliVERAIILlTY.
20.1 If allY provl.ionofthe 'Contract or the application thereoftoanyperson ol'~ltua!:ion shall to anyelltent,
be ~,Mlnvalld or unenforceable" the r.el\1~nder ofth .. Con'!'act.and the application of su(hprovjsl~ns,to
person'orsIMII!>,ns other than those as' t<> which it shalillave bel;\n beld invalid Qr ul)enforceable shall.
not be 'affeCted ther<lm', and.hallcolltlnue In MI force an~elli!qi,aod b.e, eoforcedto the fullest ~tel\t
permitted by law.
ARTICLE.2l -INDErENOEt"l]:.(:QNTRACTQS.
21.1 TheCONTRACTOR;;~ an'independell'CONTRACTOR under theContra<:t. Service. prOVided by the
gONTRACTOR shal.1 Qeby ernployee~ of th~CONTRACTORand .ubjectto supervision I>)'tlle
CONTRACToR,',aliq Oot as officer$;employe' ... ,or'agen~ of the 'OWNER. "","onnel poltClektal<
responslbUltie.si''!¢im ,,",curity and health In,uranco .. emplbyee beneftts, p.prc~~$ingpoll';les and other
similar.admini.tratlve· procedure\.appli~bletoservices renderedund.r the CO,ntract shall.be mQs. of
th~CONTRACTOR.
·ARTI¢!.i·l& ~ &P1fiNMfiNT.
22.1 'TheCONTIiA<;TOR shllil not transfer orassi~ any o(lts figll,s or duties. ooliga(i<>os and responsibilitieS
arising under the terms. cqnditions and provisions "fmls Contra~~ ""i\hout !1flof written consent'of the
CIt» Manager. TneCITY wlil not unreasonal1lywidlhold and/or·delal'itston~nttQ l:l)easslgnment o{·the
,CQNifRACTOR'$ rights. Tn. CITY l'Ilay,lnJIJ"s.ole andabsolutedisc:retlon.refuseW all~!ol' the .
. o;;QNTRAC'YOR.to assign Its dudes. ~blig;.:tlorlS and respcmsiblllt1es, In anyeveo'!:, the' CITYsQ .• llnQt
\:Ons"ntto sllchaS$Ign~.ntunless,C(:)N:tAACTOR rel1)ai,osjOil1tly and seve.raflrllable for any br.",ch ~f
the.A!!r<,ernent by~he assign ••• thea$sl8111ie meets,all of the.CITY'srequlrementgolil. CITY's.,,).
sati$f;l<;tion and the assignee executes alI of theColltrac~ Pocuments that were required. to be exe.cuted
b~ th¢GONTAACTOR
IN WITNESS WHERE!OF,me parties hereto have executed GEtneral CQnditl.o.n •...• ~ .... <knowledge their
inciQslQn as pact olthe Contract,;'Pocuments 0'1) (hIs ~day of ""'!;!I\~,= __ ~ 'J.0..1;l, .
oii-,
T((ltl of Signatory: _...:A:..;.·~=(![""-"S",I""J)""$J,,,. ",7":;.., .. ___ ~ ____ _
147
ATT~sreD:
Read and Approv!iI\:J as to Form. !.;Inltuage.
Legality. and Execution Therepl:
OWNER: CITYOF.$Q\.!TH MIAMI
Siltnal:urre:
51eyen Alex.nd~r
City Manager
END OF SeCTION
148
EXHIBrr7
SU/ilpl.ementary Conditions
..... ul~~purpQ.e Field'Renovatlons at MurrllyPuk"
ltPP#PR20 1)·25
A. Consultant, In accordance With ARTICLE I of the .G~neraIConditions.CONSULTANTi. defined as the
person Identifled as tn. CONSULTANT In .tII.E! Suppl¢mental'Y. Conditions or If none, then CITY'.
de$lgnated representative as Identified II) the SUPRI.~en""'YC.ondltlons. TheCONSULTANrs, if any,
anoj the Clo/,Designated Representative's name; address, tel¢phone number and facsimile number are as
fqllows:
Consultant: N/A
fl. T ermin.tion elr Sub'Qtution of Consultant: NothlhgherE!ln $h~11 pn,vehtthe CITY from terminating the
,ervi~<l$ <lithe CONSULTANT or kom.·substitutlng another·'persoo"ta.<it·asthe CQNSULTANT.
C. Plans lor construction: Th. succe'.,fQ! CONTRACTQR will be fum/shed one (I) set of Contract
Documents wlthourcharg •. Any ~ddlHqral copies required will hofyroished to th .. CONTRACTOR at .•.
cost to the CONTRACTOR equal to thereproducti"n co.st;
D, The Scope 01 Serv;"". I, set forth In the .RFP and in the do¢ument set forth In the .tl:ached llXH1BIT I.
E. Cont11lccorshall cpmpl.y with the Insuranceand,jndemnlflcatlon requirements Is $e~ forth In the RFP.M
in the dqcumen'tset fqrth intheatta.ched EX.HIBIT 2
F. TheWorkshali be completed In.60WO.kl'l~unle$s.shorter .tlmeis set forthi" theContra-teand
in such event the Contract 'hall takepre""dent ""cwithstandlng.oy provision in the .Gene,,1 Conditions
!loth. Contract thauTlaY b. to the c::ongary.
G, Ghml;Fundinll' This project will be fOderally •• slsted through t!l •. "'Ii~mH')a~e County D:eparcmsnt
HOij~iljgandC:alT\m.unlty.De~elopmellt ("MDCDHCD")wlth;Community.De~elopment Bl.o<;l< Gr~nt
funds. This furiding requires that the CITY and CONTRAcTOR comply withth. requirementS of
MDCDHCD and those requirements are mQrespeqific~lIy described In the document title Il:xhlblt4,
"AIt4<hm.elltA To BId PQ¢kOF" which is attached hereto and made a part.nereof.by reference. The
following Is a summary .<1r!lsting.ol manyofther«quirementsand documen'tS that govern the dUtj'.ofthe
CITY AND CONTAACTQR:
I)
2)
3)
4)
.5)
As thecontractQron ttli. project you must cQmply withPre.ldential Executive Order I 1246. as
amended, by Executive Order I 1375; Title VII oftha CiVil Rights Act of .1964 as amended; the
D~vls' liMon A¢t;,of 1968 .• as amended; tneCopeland Anti-Kickback A<;tI the Contract W<:>*
Hour. ~nd$ilfeti'Siandards Act and alloth.rapplicablefe~eral. st.tOang IO!iil1 qrdlnanell.
rqQte::t~a:t _¢9ntr",cto~ ~s requil"ed'to, pay wqrker$',cm 't,hj.s,prOI~ct me. min'irrnjm:~e$_ as
determined In thsWage De~rmina~On Decl$iOn.ln~'4d.d in the Bldd~r'$package; and that the
c;onO'llctor. must ensure that.employees.r<l not dis,"lmina~d .because of race. color. reli;ian.
Sel< or natiOnal .orlgln.
This prQject IS,als"'<I S¢<1:lpn 3 covered activity. Section 3 'requlres that job training, employment
and cQn-~a~tiJlg o.r~porti,lfllties be:~Ure~t~_d to very-low and'JQW tncome:'-,p,eJ"sons or buslnes,s
owners who tive:in'the Prol~Ct'~ ar~.
!'lease refer to "Attachment AT" Bid Package". Public Housing and Community Development
F¢deraILabo.r Standardsarid.Setti"n 3 Requirell)ents" for Federal.liibor Requirements.
Dacum"rits, Rul.s, llegulatlons.ExeClitive Orders •. fed.r.1 cod~, '<tsam:! other laws that are
incorporated In the\>ld, package are:
.) Notice to Bidders/Prospective Contractors(s)
b) .Slratement of Bid.ders c.onstruction Experience
e) Certification Receipt
d) Davis·Bacon Wage Deci~ion FL I4lml Mo.d 10.611312014 -fL221
ej FederalliiborStandardsProvl.slons (Form .l';UO-'lOIO)
f) Insurance Requirement;;
J49
g)
I))
i)
j)
k)
I)
m)
nj
0)
p)
q)
r)
s)
t)
u)
v)
w)
x)
y)
z) .. )
pb)
ee)
dd)
ee)
If)
Provisions, to b~ ·lncorporated in Construction cGlltra¢w
I, Davis.Bacen Act
2. Termination
l. Access to Records and Retention
Non coliusion Affidavit
Certification R~garding lobbying
Affirm.tlye Action Standard.
Certification of tompl lane. with Part 60.2: Affirmative Action f?rogral11'
Otherl\!lq~ired.~erti~cations:
I. Equal Employment Opportunity,
2. Affirm.tiv .. Action,
3. Americans with Disabilities Ae~
4. Copland Anti·Kickba<:k,
~, .Byrd Antl·labbymgAmendment,
6. Fllil.Dlsc.losul'\> bytheContractGr/llldder,
7. Non.Dis~rll1ljl)~tion Clause,
S. Age Discrimination Act of 1974,s Amended, and
9. Section 504 of the Reh.biliratlonAct of 1973., Amended.
C<lotiflcation R~rding DrugFre.eWorkplaceCGrantees Other than Individuals)
As,ur<1nce. of Compliance (Section 3. HUD Act of 1968)
Section 3 R,equirements
Sectl.on 3 clause
EliQQers Inlti.1 Se.ctlon3 Go.ls
Certific.tion Regarding Debarment:, Suspension, Ineligibility aO!il, Vol~ntarylixclusion -
Low"r Tier Transaction. (Certification DO<;\IrnentMd Instructiqn$)
Eq~al Employment Opportunity (EEO) Clau •• for ContfactQ($ i\lo\ SuhJect to
eX<l<:utl.ve Qrder (EO I J:246)
Equal OpponunitY for Special Disabled Veterans.nd Veterans ,,!,he Vietnam Era
Equal Opportunity!or Worker. with Disabilities
Nodce "I Req"irement for Affirmative ActiQn'to .EnSure'.Equal Employrnent
Opportunity (EO I 1246)
Equal Employment Opportunity (EEOrCI.u.e for Contractors Subject tei E) 11.246
Certification of Non."g~ted Fa,iliti.s
Nodce to Prospective Subcontract"" of Requirements for Certifi.cati9n on· Non-
Segregated facilities
NolI~ Qf Requirement ~Clean Water,Cle.nAir,EO I I 73lhnd EPA Regulations
Provision
Certilkation .af COrnpJiantewlthFedet'l!J R,egula,ions
'Clean AlrAct
:feel.rill Wate .. Poli4QOO Control Act; and
:lJ1ad,Elased. Paint Poisoning Prevention Act
Certification Regarding Del>.rment, S4spenslon. and Other Responsibility Matters
(Direct Recipient)
f4blic EntitY Crime. AffidaVit
IN WITNESS WHEREOF, the p.rti~sh.reto have.'e><ecu,edthSupplement ... y Conditions to
ackfiow/e<ll:!etheJrlndusionas partoftheContrai;ttlli <hls,.;21 d ·.(1) ... .... ,20.J.jJf'
. PIc:.. \..4..:\0 "'PI"::>C; ..t
CON c.. c:-I
150
ATTESTEP:
Sigpa~~r~: ~::-::-:::~-; ____ _
Maria Mil.nend~z
City Clerk
Read Md Approved as to Form. Language.
~egalitY. and Exe~.ution Thereof.
SignatUre:--,,_=~_~~ __ _
City Attorney
Slgflatyre:
END OF SECTION
151
Steven Alexander
City Mana811'
Sout~iami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
Multipurpose Field Renovations at Murray Park
RFP #PR20 15-25
SU BMITTAL DU E DATE: August 28, 2015 at lOAM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request
for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or
"Invitation to Bid") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of
South Miami unless otherwise specifically defined.
The City is hereby requesting sealed proposals in response to this RFP #PR20 15-25 titled "Multipurpose Field
Renovations at Murray Park." The purpose of this RFP is to contract for the services necessary for the
completion of the project in accordance with the Scope of Services, (Exhibit I, Attachment A), and the plans
and/or specifications, (Exhibit I, Attachment 5), described in this RFP (hereinafter referred to as "the Project"
or "Project"). The project is funded through a federal grant, Community Development Block Grant, (CDBG)
through Miami-Dade County. Respondents must comply with the CDBG requirements; refer to Exhibit 4
"Attachment A To Bid Package. JJ
Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's
office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage:
http://www.southmiamifl.gov/ whkh is the City of South Miami's web address for solicitation informaflon.
Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package, including all
documents listed in the RFP.
The Proposal Package shall consist of one (I) original unbound proposal, four (4) additional copies and one (I)
digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the
Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The
entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope
Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is
delivered: "Multipurpose Field Renovations at Murray Park," RFP #PR20 15-25 and the name of the
Respondent (person or entity responding to the RFP. Special envelopes such as those provided by UPS or Federal
Express will not be opened unless they contain the required Envelope Information on the front or back of the
envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later
than 10 A.M. local time on August 28, 2015. Hand delivery must be made during normal business
days and hours of the office of City Clerk., A public opening will take place at 10 A.M. on the same date in
the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal
received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty
regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor
of the Clerk's receipt stamp.
Proposals are subject to the terms. conditions and provisions of this letter as well as to those provisions, terms,
conditions, affidavits and documents contained in this RFP Package. The City reserves the right to award the
Project to the person with the lowest. most responsive, responsible Proposal, as determined by the City, subject
to the right of the City, or the City CommiSSion, to reject any and all proposals, and the right of the City to waive
any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project,
and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal
Price or, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate
Respondent ..
Maria M. Menendez, CMC, City Clerk, City of South Miami
SCOPE OF SERVICES and SCHEDULE OF VALUES
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
The Scope of Services and the Schedule of Values. if any. are set forth in the attached
EXHIBIT I
END OF SECTION
2
No
I
2
3
4
5
6
SCHEDULE OF EVENTS
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
Event Date*
Advertisement! Distribution of Solicitation & Cone of
Silence begins 8/14/2015
None
Pre-RFP Meeting: NONE SCHEDULED Scheduled
Deadline to Submit Questions 8124/2015
Deadline to City Responses to Questions 8/26/2015
Deadline to Submit RFP-Response 8/28/2015
Projected Announcement of selected ContractorlCone of
Silence ends 9115/2015
END OF SECTION
l
Time*
(EST)
2:00 PM
None
Scheduled
10:00 AM
10:00 AM
10:00 AM
7:00 PM
INSTRUCTIONS for RESPONDENT
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE
RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL"
THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE
CLOSING HOUR AND DATE STATED ON THE RFP FORM.
I. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price
, for the Project. The City reserves the right to award the contract to the Respondent whose proposal is
found to be in the best interests of the City.
2. Qualification of Proposing Firm. Response submittals to this RFP will be considered from firm~ normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices. equipment and personnel to ensure prompt and efficient service to the City of South
Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or
to take any other action necessary to determine ability to perform in accordance with the specifications.
terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is
satisfactory and reserves the right to reject all response submittals to this RFP where evidence submitted, or
investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this RFP. The decision as to whether an item
fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of
South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in
person, and shall be knowledgeable of the terms of the contract.
5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the
Contract:
a) Addenda to RFP
b) Attachments/Exhibits to RFP
c) RFP
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract, if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the follow'lng is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not
including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request
for permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith.
7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this RFP, the Cover Letter
shall govern and take precedence over the conflicting provision(s) in the RFP.
4
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10
AM, August 24, 2015 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via
facsimile at (305) 663-6346.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to
such questions, shall be issued by a written addendum to the RFP Package (also known as "RFP Specifications"
or "RFP") by U.s. mail, e-mail or other delivery method convenient to the City and the City will notify all
prospective firms via the City's website. .
10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or
the need for additional information shall exempt a Respondent from submitting the Proposal on the required
date arid time as set forth in the public notice.
I I. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence,"
in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until
the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's
professional staff, including the City Manager and his staff. All written communication must comply with the
requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-
proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly
noticed public meeting, public presentations made to the City Commission during any duly notice public
meeting, contract negotiations with the staff following the City Manager's written recommendation for the
award of the contract, or communications in writing at any time with any City employee, official or member of
the City Commission unless specifically prohibited. A copy of all written communications must be
contemporaneously med with the City Manager and City Clerk. In addition, you are required to comply with
the City Manager's Administrative Order AO 1-15. If a copy is not attached, please request a copy from the
City's Procurement Division.
WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN
COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI-
DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S
RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE
OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL
WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW.
THEREFORE, WHERE THE CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS
COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND
WRITTEN COMMUNICATION.
Notwithstanding the foregoing, the Cone of Silence shall not apply to ...
(I) Duly noticed site visits to determine the competency of bidders regarding a particular bid
during the time period between the opening of bids and the time that the City Manager
makes his or her written recommendation;
(2) Any emergency procurement of goods or services pursuant to the Miami-Dade County
Administrative Order 3-2;
(3) Communications regarding a particular solicitation between any person and the
procurement agent or contracting officer responsible for administering the procurement
process for such solicitation, provided the communication is limited strictly to matters of
process or procedure already contained in the corresponding solicitation document; and
(4) Communications regarding a particular solicitation between the procurement agent or
contracting officer, or their designated secretariall clerical staff responsible for administering
the procurement process for such solicitation and a member of the selection committee
therefor, provided the communication is limited strictly to matters of process or procedure
already contained in the corresponding solicitation document."
12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such
event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to
one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any
contract for the provision of goods or services for a period of one year. Contact shall only be made through
regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are
for the purposes of obtaining additional or clarifying information.
5
13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFP,
are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or
any employee of the City of South Miami are to be lobbied either individually or collectively concerning this
RFP. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled
through the Purchasing Division. which are for the purposes of obtaining additional or clarifying information.
14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFP and the
successful firm will be requested to enter into negotiations to produce a contract for the Project. The City,
however, reserves the right, in its sale discretion, to do any of the following:
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the RFP documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore. important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent. by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part. any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as
determined by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed
or retained a company or person, other than a bona fide employee. contractor or subcontractor, working in
its employ. to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person.
company, corporation. individual or firm other than a bona fide employee, contractor or sub-consultant,
working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor
list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a
contract to provide any goods or services, or a contract for construction or repair of a public building, may
not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a
contract to perform work as a CONTRACTOR, sub-contractor, supplier, sub-consultant. or consultant under
a contract with the City of South Miami, and may not transact business with the City of South Miami for a
period of 36 months from the date of being placed on the convicted vendor list.
17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue
ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The
proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by
Respondent
6
f)
18. Goods:
a)
b)
c)
Certificate of Insurance and/or letter of Insurability.
If goods are to be provided pursuant to this RFP the following applies:
Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are
equal to the goods described in this Solicitation with appropriate identification, samples and/or
specifications for such item(s). The City shall be the sole judge concerning the merits of items
proposed as equals.
Pricing: Prices 'should be stated in units of quantity specified in the Proposal Form. In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
City.
Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s)
shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to
do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or
its responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to
the City. Each individual sample must be labeled with the Respondent's name and manufacturer's
brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule
indicates a different time. If samples are requested subsequent to -the Proposal opening, they shall be
delivered within ten (10) calendar days of the request. The City shall not be responsible for the
e)
return of samples.
Respondent.warrants by Signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on
this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to
notify the City at once, indicating in its letter the specific regulation which required an alteration.
The City of South Miami reserves the right to accept any such alteration, including any price
adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole
discretion of the City and at no further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation shall be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform
in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this RFP and as required by law. The
Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a
certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida
Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished
to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to
furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if
required for this Project.
20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 2
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize
the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of
contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the
City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
7
21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been,
nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City
from any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this RFP shall not be responsive unless the Respondent signs the form
of contract that is a part of the RFP package. The Respondent to this RFP acknowledges that by submitting a
response or a proposal. Respondent agrees to the terms of the form contract and to the terms of the general
conditions to the contract, both of which are part of this RFP package and agrees that Respondent's signature
on the Bid Form and/or the form of contract that is a part of the RFP package and/or response to this RFP,
grants to the City the authority, on the Respondent's behalf, to inserted, ,into any blank spaces in the contract
documents, information obtained from the proposal and, at the City's sale and absolute discretion, the City
may treat the Respondent's signature on any of those documents. as the Respondent's, signature on the
contract, after the appropriate information has been inserted as well as for any and all purposes, including the
enforcement of all of the terms and conditions of the contract.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent. the financial position, experience, staffing, equipment,
materials. references, and past history of service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
Contract.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as
amended, when requested shall be cause for rejection of the Proposal as determined by the City.
25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a
conviction for a public entity crime may not submit a response on a contract to provide any services to a
public entity, may not submit RFP on leases of real property to a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36
months from the date of being placed on the Convicted Vendors List.
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a
company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to
solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its
employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of a contract with the City.
27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract,
as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a
proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project,
shall not be released until and unless the Respondent waives any and all claims that the Respondent may have
against the City that arise out of this RFP process or until a judgment is entered in the Respondent's favor in
any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its
attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court
costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required
for this project, shall be applied to the payment of those costs and any balance shall be paid by the
Respondent.
28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall. be Just cause for cancellation of the Award or
termination of the contract.
29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security.
30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith. The bonds
shall be with a surety company authorized to do business in the State of Florida.
8
30.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
30.2. Each Performance Bond shall continue in effect for five year after final completion and acceptance
of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or
subcontractor employed pursuant to this Project.
30.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of
insurance companies as set forth in the insurance requirements of this solicitation.
30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that
the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and
provide CITY with evidence of such recording.
30.6. The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this-RFP package, the successful Respondent, within ten
(10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other
Contract Documents that provide for the Respondent's signatu-re, and deliver to the City the required
insurance documentation as well as a Performance and Payment Bond if these bonds are required. The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the
required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the
Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be
retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid
Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent
fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If
the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the
Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security
deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same
requirements as a Proposal/Bid Bond.
32. Pre-proposal Conference Site Visits: If a Mandatory Pre· proposal conference is scheduled for this project, all
Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall
be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal
conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist,
as a result of failure to make the necessary examinations or investigations, or failure to complete any part of
the RFP Package, will be accepted as basis for varying the requirements of the Contract with the City of South
Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the
property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
entitled to any change order due to any such condition. ·If the survey is provided before the proposal is
submitted, the contract price shall include the Work necessitated by those conditions. If the survey is
provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify
the City of any additional costs required by such conditions and the City shall have the right to reject the
proposal and award the contract to the second most responsive, responsible bidder with the lowest price or
to reject all bids.
33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with
the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders shall be allowed for delays caused by the City, other than for extensions of time to complete
the Work.
34. Submittal Requirements: All Proposals shall comply with the reqUirements set forth herein and shall include a
fully completed Bid Form found on EXHIBIT 3 which is a part of this RFP Package.
35. Cancellation of Bid Solicitation: The City reserves the right to cancel, i,,:, whole or part, any request for
proposal when it is in the best interest of the City.
36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid
9
proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines. monies.
fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal,
partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or
quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid
in full. No bidder who is.in default of any prior contract with the City may have their bid considered until the
default is cured to the satisfaction of the City Manager.
38. Bid Protest Procedure. See attached EXHIBIT 8
39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as EXHIBIT N/A
END OF SECTION
10
Proposal Submittal Checklist Form
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified in an addendum to this RFP. The response shall include the following items:
Attachments and Other Documents described below Ched(
to be Completed
IF MARKED WITH AN "X": Completed.
x ____ Indemnification and Insurance Documents. EXHIBIT 2
X Bid Form See EXHIBIT 3 ---
X CDBG Requirements, (EXHIBIT 4 "Attachment A To Bid
____ Package")
X Signed Contract Documents (All -including General Conditions
____ and Supplementary Conditions if attached) EXHIBIT 5, 6 &7
X Respondents Qualification Statement ---
X ____ List of Proposed Subcontractors and Principal Suppliers
X Non-Collusion Affidavit ---
X ____ Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace ---
X ____ Acknowledgement of Conformance with OSHA Standards
X ____ Affidavit Concerning Federal & State Vendor Listings
X ____ Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation ---
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
END OF SECTION
II
RESPONDENT QUALIFICATION STATEMENT
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar construction projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past IOyears
In the past 10 years On Schedule
2. List the last three (3) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price
12
c) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
3. Current workload
Project Name Ownet" Name Telephone Number Contract Price
4. The following information shall be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
e) Resumes of proposed key project personnel, including on-site Superintendent.
5. List and describe any:
13
a) Bankruptcy petitions filed by or against the Respondent or any predec~ssor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References:
List other Government Agencies or Quasi-government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
14
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
HMultipurpose Field Renovations at Murray Park"
RFP #PR20 15-25 .
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this RFP to be
used on this project if they are awarded the Contract.
Classification of Worl( Subcontractor Name Address Telephone, Fax &
Email
Landscape
Sodding and Turf Work
Electrical
Irrigation
Paving
Park Amenities
Graphics
Utilities
Excavation
Building
Structures
Plumbing
Painting
Testing Laboratory
Soil Fumigator
Signs
Other:
This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder
within five (5) business days after Bid Opening.
END OF SECTION
15
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF MIAMI·DADE )
_____________________ being first duly sworn, deposes and states that:
(I) He/She/They is/are the _______________________ _
(Owner, Partner, Officer, Representative or Agent) of
the Respondent that has submitted the
attached Proposal;
(2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived
or agreed, directly or indirectly. with any other Respondent. firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly, sought by agreement or collusion, or communication, or conference with any
Respondent, firm. or person to fix any overhead. profit. or cost elements of the Proposal or of any
other Respondent. or to fix any overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against (Recipient). or any person interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest. including this affiant.
Signed, sealed and delivered in the presence of:
By:
Witness Signature
Witness Print Name and Title
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI·DADE
On this the day of , 20 ___ , before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before
16
notary) and whose name(s) is/are Subscribed to the
within instrument, and he/shelthey acknowledge that he/she/they executed it.
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE:
(Name of Notary Public: Print, Stamp or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
17
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate
who has been placed on the convicted vendor list following a conviction Jor a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or
proposal for a Contract with a public entity for the construction of repair of a public building or public work, may
not submit bids or proposals on leases or real property to a public entity. may not be awarded to perform Work
as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public
entity. and may not transact business with any public entity in excess of the threshold amount Category Two of
Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor
list".
The award of any contract hereunder is subject to the prOVISions of Chapter I 12, Florida State Statutes.
Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who
is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
[print name of the public entity]
~----~~~~~----~~---------------------------------[print individual's name and title]
fur ____ ~~------~~--~~~------------~-----------------------------
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
--------~------~.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to , any bid, proposal or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of gUilty or
nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the ,entity
and who has been convicted of a public entity crime. The term Uaffiliate" includes those officers,
18
directors, executives, partners. shareholders, employees. members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or proposal or applies to bid or proposal on
contracts for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in management of an
entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies.]
__ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners. shareholders, employees, members. or agents who are active in the management of the entity.
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989.
__ The entity submitting this sworn statement. or one or more of its officers, directors. executives,
partners, shareholders. employees. members, or agents who are active in the management of the entity.
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1,1989.
___ The entity submitting this sworn statement, or one or more of its officers. directors, executives,
partners, shareholders, employees. members, or agents who are active in the management of the entity.
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July
I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this _____ day of _____________ , 20 __ .
Personally known ___________ _
OR Produced identification _______ _ Notary Public-State of _______ _
(Type of identification)
My commission expires ______ ----:----
(Printed. typed or stamped commissioned
Form PUR 7068 (Rev.06/1 1/92) name of notary public)
19
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
I) Publish a statement notifying employees that the un·lawful manufacture. distribution. dispensing.
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that shall be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace. the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (I).
4) In the statement specified in Subsection (I). notify the employees. that. as a condition of working
of the commodities or contractual services that are under Bid. he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of. or plea of guilty or
nolo contendere to. any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) business days
after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
RESPONDENT's Signature: ______________ _
Print Name: ___________________ _
D~e: ________________ ~ ___ __
20
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We, , (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the "Multipurpose Field Renovations at Murray Park" project as specified have the sole
responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970,
and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South
Miami and TBD (Consultant) against any and all liability, claims, damages, losses and expenses they may incur
due to the failure of (Sub-contractor's names):
to comply with such act or regulation.
CONTRACTOR
Witness
BY: -,-,-___________ _
Name
Title
21
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida
Department of Management Services website:
http://www.dms.myflorida.com/business operations/state purchas'lnglvendor information/convicted susp
ended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinaiter referred to as the "Declarant") state, under penalty of perjury,
that the following statements are true and correct:
(I) I represent the Respondent whose name is
(2) I have the following relationship with the Re-s-po-nd-;-e-n-t-----------,(;;O::-w-ner (if Respondent is a
sale proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member>(if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business _operations/state _pu rchasinglvendor _information/convicted _ suspended_ di
scriminatory _ compiai nts _vendor_lists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this. affidavit.
Check if
Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
FURTHER DECLARANT SAYETH NOT.
(Print name of Declarant)
By: ----c:----=-:------,----
(Signature of Declarant)
ACKNOWLEDGEMENT
) STATE OF FLORIDA
COUNTY OF MIAMI·DADE )
On this the __ day of _______ " 20 ___ , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
foll.owing identification and who took an oath or affirmed that that he/shelthey executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL
(Name of Notary Public: Print,
Stamp or type as commissioned.)
22
RELATED PARTY TRANSACTION VERIFICATION FORM
=_::-:-_---:-,---_--:-:,---__ ---,-_::-_' individually and on behalf of _-,-:-_-:-:-:-_--",-=--=.,---::--,------,-__
("Firm")have Name o(Representative CompanylVendor/Entity read the City of South Miami ("City")'s Code of Ethics,
Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or
business that I, andlor the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, dkectors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (Le., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest. direct or indirect. in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_(use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected andlor appointed official or employee of the City of South Miami, or any of their immediate family
members (Le., spouse, parents, children, br:-others and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names: -"7:;-:--:-:--;----:--.,---~--:c--.-:--::--.----
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line. to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected andlor appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected andlor appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
23
before any board, commission or agency of the City within the past two years other than as
~~ ~
necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:IPurchasinglVendor RegistrationI12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
~ __________ --,-______ --,-_______ '(if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and helshe is not required to make an independent
investigation as to the relationship by blood or marriage of employees. officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
______________________________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath}.
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents. as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.] .
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove are true and c9rrect to the best of my knowledge, information and belief.
Signature: ____________ _
Print Name & Title: ______________ _
Date: __________ _
24
Sec. SA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel. quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example. and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasHudicial personnellt shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney. and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children. brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response
to a request by the city, or entering into contract negotiations for the provision
on any goods or services. whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract.
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection maY' be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering. or registered land surveying, as c;lefined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
25
(d) Further prohibition on tronsacting business with the city.
No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation. partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city. and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally. no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any actian .of the city cammissian:
(I) Officer, director, partner, of counsel, consultant, employee. fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor. or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships
.or wha wauld .or might, directly .or indirectly, realize a prafit by the action .of the city cammissian shall not vate an
.or participate in any way in the matter.
(E) Gifts.
(I )De(lnition. The term "gift·, shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, haspitality, item .or pramise, .or in any ather farm. withaut
adequate and lawful cansideratian.
(2)Excepuons. The provisions of paragraph (e)(l) shall not apply to:
a. Palitical cantributians specifically autharized by state law;
b. Gifts fram relatives .or members .of one's hausehold, unless the person is a canduit an behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards far professional or civic achievement;
d. Material such as books, reports. periodicals or pamphlets which are solely infarmational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is
also unlawful far any persan or entity 'to .offer, give .or agree ta give to any persan included in the terms defined in
paragraphs (b)(l) through (6), or for any person included in the terms defined in paragraphs (b)(I) through (6) to
accept or agree ta accept fram another person .or entity, any gift for or because of:
a. An official public actian taken, .or to be taken, .or which cauld be taken, .or an .omission .or failure ta take a public
action;
b. A legal duty perfermed or to be perfermed, .or which cauld be perfarmed, .or an emissian .or failure to perform
a legal duty; .
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(I); or
d. Attendance or absence fram a public meeting at which official action is te be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(l) through (6) shall disclose any gift. or
series .of gifts frem anyane persan or entity, having a,value in excess .of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local
officers" with the city clerk Simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(I) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(l) through (6) be employed by a corporation,
firm, partnership or business entity in which that persen or the immediate family daes nat have a cantralling
financial interest, and shauld the carporatian, firm, partnership .or business entity have substantial business
cemmitments to .or frem the city or any city agency, .or be subject te direct regulatian by the city .or a city agency,
then the persen shall file a swern statement disclesing such emplayment and interest with the clerk .of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an
official pasitien ta secure special privileges Dr exemptiens fer that persen .or .others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(l) through (6) shall accept employment or engage in
any business Dr professianal activity which .one might
reasenably expect weuld require .or induce .one ta disclase c.onfidential informatien acquired by reasan .of an
.official positien, ner shall that persen in fact ever disclese cenfidential infermatien garnered .or gained thraugh an
26
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
0> Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where'such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause ..
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(I) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrati:ve tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract. certificate, ruling, decision,
opinion, rate schedule, franchise. or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include. but not be limited to. any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
27
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official. officer or employee.
(0) Recommending professional services,
No person included in the terms defined in paragraphs (b)(I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise. to assist in any transaction involving the city or any of its agencies. provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service,
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(I) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for
ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two-year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(l) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through deciSion, approval, disapproval. recommendation, the rendering of
advice, investigation. or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval. disapproval,
recommendation. the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval. disapproval, recommendation, the rendering of advice. investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the City is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6-99-1680, § 2, 3-2-99)
Editor's note-Ord. No. 6-99-16BO, § I, adopted 3-2-99, repealed §§ BA-I and BA-2 in their entirety and replaced
them with new §§
BA-I and BA-2. Former §§ BA-I and BA-2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A-I), I (I A-2) adopted Jan. II, 1969.
28
PRESENTATION TEAM
DECLARATION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual orfirm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City
Manager. For the purpose of this subsection only, the listed members of the presentation team, with
the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any
registration fees. No person shall appear before any committee on behalf of an anyone unless he or she
has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is
registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525{2}, Florida Statutes, the undersigned, _______ , makes the following
declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to
pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the
time the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below
Executed this ___ day of _______ ~, 20 .
Signature of Representative
Print Name and Title Print name of entity being represented
END OF SECTION
29
NOTICE OF AWARD
HMultipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
The City has considered the Proposal submitted by your firm for the "Multipurpose Field Ren~vations at
Murray Park" in response to its advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the "Multipurpose Field Renovations at
Murray Park" in the lump sum amount of $ , broken down as follows:
Base Proposal:
Alternate # I :
Alternate #2:
Alternate #3:
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required Performance Bond, Payment Bond, and insurance documents (see Proposal
Submittal Checklist Form) within ten (10) day from the date of this notice to you.
If you fail to execute said Contract and to furnish said bonds, insurance endorsements and certificate of insurance
within ten (10) calendar days from the date of this notice, the CITY shall be entitled to disqualify the Proposal.
revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds
$5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation, the award
and the contract must be approved by the City Commission before it is binding on the City.
Notwithstanding the fact that you have agreed. by responding to the RFP. to the terms of the contract attached to
the RFP package, if you fail to execute said Contract and to furnish said bonds, the required insurance
documentation within ten (10) calendar days from the date of this notice. the CITY shall have the right and be
entitled to disqualify the Proposal. revoke the award and retain the Proposal/Bid Bond/Security. Please be advised
that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than
one year's appropriation, the award and the contract must be approved by' the City Commission before it is
binding on the City.
BY: --;:-----;c---,--------
Steven Alexander
City Manager
Dated this __ day of _______ •• 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the ___ day of _________ ,. 20 __ .
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager.
END OF SECTION
30
NOTICE TO PROCEED
PUBLIC CONSTRUCTION CONTRACT
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
TO: DATE:
PROJECT DESCRIPTION: Multipurpose Field Renovations at Murray Park in accordance with Plans and
specifications. if any. as may be prepared in whole or in part by CONSULTANT, referenced in the Supplementary
Conditions and Contract Documents.
You are hereby notified to commence Work in accordance with the Contract dated • on or before
You are to complete the work within 60 working days. The date of completion of all Work is
therefore 20_"
City of South Miami
BY: _________ _
(print name)
City Manager. or deisgnee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by _____________ _
on this ___ day of ______ • 20 __ "
BY:
TITLE: __________ _
END OF SECTION
31
EXHIBIT #1
Attachment A
SCOPE OF SERVICES
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
I. Scope of Work
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 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 is
constructed to meet all of the needs described in this Scope of Services. Permit fees
are waived for permits issued by the City of South Miami. Permit fees from other
government entities, if required, shall be the responsibility of the Respondent
however, in all cases; it is the responsibility of Respondents to secure any and all
permits that may be required for this project. '
The City's is soliciting proposals from qualified companies to provide quotations for
the renovation of Murray Park, a mUltipurpose athletic sports field in the City of
South Miami. The intent of this RFP is to select a qualified contractor to renovate
the field at Murray Park to ensure playability, safety and improve customer service.
Respondents shall be responsible for the following:
a. The existing site shall be stripped to allow for proper grading. A non invasive
method using approved chemical spraying should be utilized to minimize the
import of new fill. Replace and install seven (7) new solenoid valves and forty-
four (44) rotor heads. Field shall be laser graded to avoid . excess moisture on
field due to ponding. Grade shall not exceed 1.5%. New fill added specifically as
top soil shall be sandy and augmented as needed with peat, fertilizer and other
required additives. Pre-emergent treatment shall be applied as applicable.
b. New turf grass shall be furnished by the Respondent and shall be:
Option A: Certified Celebration Bermuda Grass, or;
Option B Bahia Grass
All sod delivered shall be mature with well established root system and shall be
free of mutation and contamination.
Respondents must quote both "Option A" and "Option B." The City will
select a single respondent for either Option A or Option B, solely at the City's
discretion. Refer to Exhibit 3, "Construction Bid Form."
32
II. Site Specifications and Location:
Murray Park multipurpose field is approximately a 0.69 acre / 30,000 square foot
athletic field. The field is located at 5800 Southwest 66 Street, South Miami,
Florida 33143, in-becween the Gibson Bethel Community Center and Murray
Park Aquatic Center.
The field provides a playing surface for a multitude of community sports
throughout the year including soccer, football, frisbee and sports camps. The
field is heavily used by the public and local associations and in fact is used more
than the recommended amount. Current problems affecting the field include
drainage, irrigation, grading, and turf health with invasive weeds.
III. Respondents Qualifications, Experience 8. References:
All Respondents submitting proposals must have at least 5 years prior
experience with sport/athletic fields and open site improvements. The company
must have also installed sport fields and/or been actively providing sport field
maintenance services in the State of Florida for other municipalities, school
districts or professional sports associations. A qualified agronomist or personnel
with degree in sport turf management must be on staff with the company. The
location of all previously installed sport/athletic field(s) and/or similar site (s)
needs to be provided as part of the proposal. In addition, Respondents must
include an Organizational Table identifying the "qualified agronomist." Applicable
qualifications and certifications for the "qualified agronomist" must be submitted
with the proposal.
IV. Project Duration:
The current estimate to complete the field renovations at Murray Park is 60
working days from issuance of Notice to Proceed.
V. Warranty:
The standard manufacturer's warranty information must be provided in writing
for all equipment being proposed, including installation by an authorized dealer.
VI. Project Funding:
This project is funded through a federal grant, Community Development Block
Grant, (CDBG.) through Miami-Dade County. Respondents must comply with
CDGC requirements. Refer to Exhibit 4 "Attachment A To Bid Package"
and all Respondents shall be responsible for complying with the terms and
conditions of said grants and the cost of same shall be included in the proposed
contract price.
33
VII. Site Plans & Landscape and Irrigation Plans:
A Site Plan depicting the park is included with the RFP. Refer to Exhibit I,
Attachment S, "Site Plan, Murray Park" & "Landscape and Irrigation Plans."
VIII. Frequently Asked Questions (FAQ's)
Question # I :
Will there be any consideration for the improvements to the mUlti-purpose sports field at
Murray Park to include a conversion to a synthetic turf field?
Answer to Question # I:
No, a conversion to a synthetic turf field in not a part of the Scope of Services, refer to Exhibit
I, Attachment A.
Question #2:
Could you please provide a rough estimate of the project value for the project [RFP #PR20 15-
09jlisted above?
Answer to Question #2:
Please refer to the City's Adopted Budget for FY 2014-20 IS, "Capital Improvement Program -5
Year Plan, under Parks. The budget for Murray Park Field Renovations is combined with an
additional project; therefore there is no line item budget amount for the Murray Park Field
Renovations. The Adopted Budget is posted on the City's website, a link is below:
http://www.southmiamifl.govlindex.aspx?NID= 142
Question #3:
Are civil drawings available?
Answer to Question #3:
No, civil drawings are not available.
Question #4:
Are drawings available that depict the location of existing sprinkler heads at Murray Park?
Answer to Question #4:
No, drawings are not available that depict the location of existing sprinkler heads. The awarded
contractor will be responsible to inspect the field and locate existing sprinkler heads prior to
commencing work.
END OF SECTION
34
EXHIBIT I
Attachment B
"Site Plans, Murray Park"
&
"Landscape and Irrigation Plans."
35
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~.a . MISCELLANEOUS DETAILS
W.7 MISCELLANEOUS DETAILS
~.8 ENLARGED· ELEVATOR PLANS +DETAILS
W MIUWORK·ELEVAnONS "'CETAILS
"'.10 MILLWORK· ElEVAnONS ",DETAILS
J.1.1
.. U
So1.3 WALL COMPONENTS AND CLADDING
So2.1 ..,.
.. 21 ..... , .... , .... .... .... ..... ,
W.1.1 •••
.. , .. , ... ... ,. ..
FRST FlOOR PLAN· H,V,A.C,
SECOND FLOOR PLAN· H,V,A.C,
ROOF PLAN -H,V.A.C,
MECHANICAl.. SCHEDULES & DETAILS
MECHANICAl.. DETAILS
E·1 LEGEND
E.1A
E-2 MULTIPURPOSE BUILD. FIRST POWER fLOOR PLAN
£-3 MULTIPURPOSE BUILD, SECOND POWER FLOOR PLAN
E-4 MULTIPURPOSE BUILD. FIRST FLOORUGHTING PLAN
E-5 MUL TlPURPoaE BUILD. SECOND FLOOR UGH1ING PLAN
E.sA MULTIPURPOSE BUID. OYM PHOTCrIETRY PLAN
E-8 ELECTRICAL ROOF PLAN AND LIGHTNING PROTECTION
E·7 ;ELECTRICAL RISERS a SCALE DETAILS
E-8 FillE ~ RISER
E.Q S't8!:rE¥ RISERS AND UGHTlNG SCHEDULE
E·tO' "ELlj:CTRICAL. DETAILS
E·11 ELEc:rRICAL. PANELS
PLUMBING
P-1 PWNIINO SITE PLAN
p.l! FIRST & SECOND FLOOR OVERALL PLUMBING pLANS
fL3 ENLARGED TOILET ROOMS· FIRST FLOOR
Pw4 ENLARI3ED TOILET ROOMS· SECOND FLOOR
P-li PLUMBING RISER DIAOIWI. FIRST FLOOR
P-6 SANITARY RISER DIAGRAM· 2ND FLOOR
P·1 DONEST/C WATER RlSERDIAORAM
P-8 ROOF PLAN PLUMBING p.. PlUMB!NO SCHEDULES & DETAILS
FP.1 PLAN .GENERAL NOTES & LEGEND
FP-2 FIRST fLOOR· FIR£ PROTECTION CEIL!NG PlAN
fP.3 SECOND FlOOR· F!RE PROTEcnON CBLI'(G PLAN
ION DOC U MEN T S • February 8th, 2002
(
/
City
of
South Mia!
"City of Pleasant I
MCHARRYASSOC
ARCHITECTUREI ENGINEERINGJ
AACOOQ986
Thomas M, Carlson, AlA
RAQ007420
James yo,
2780 SW DOUGLAS· RD •• SU
MIAMI, FLORIDA 33133 (305)4
WWW. MCHARRY. COl
CIVIL ENGINEER & LANDSCAPE j
KIMLEY·HORN & ASSOCIA
420 LINCOLN ROAD
SUITE 353
MIAMI BEACH, FLORIDA 3:
305-673-2025
STRUCTURAL ENGINEE
MARTINEZ KREH & ASSOC.
6100 BLUE LAGOON DR!
SUITE 170
MIAMI, FLORIDA 3312E
305-267·9833
MECHANICAUPLUMBINGIELECTRIC
SDM CONSULTING ENGINE
135 ALMERIA AVENUE
CORAL GABLES, FLORIDA:
3Q5-446-2788
CONSTRUCTION MANAG
DOOLEY & MACK CONSTRUCT.
11971 NW 37TH STREE·
CORAL SPRINGS, FLORIDA
954-345-8288
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o TOIIO 251! StAl£l V.LVE ~ (255e-25-DlI)
~ IlAtlCF'LW Ire:11:Il DlUHl£ CI£Q(-f' DCVII)
a CtJ:ITIlll.LE~ (TOIl[) VISION e PLUS SERlEs)
W2""I'» -~ STAll1lN CDNTRlLLER
~ IIo'.MUIE ISDUlTlDN VALve
_v HOZZLa
TO~O I'III:SSUIi£ ~TRIL _nil _ PLUS SPRAY I;IlliL£S SEAlES
IiCI'CR lfIIZaa
TOIIII $\POI 6110 SEJIIU '11/ 3.~ NIIZZLES
eLI "!III CLleK RMN stHSDR
_ _ 2' PVC 1WIoI.INE (sCH 4ID
___ cuoss eM LATERAL = PVC!il.Ei:VE C!iC!l-lO)
!=!~tIl ~f'rg: m"BE 'M~ ~A'i':~~~
PRIl.IIIINARY CALCU.",lIIl>1S INalCATES Tlllll
PR!J'IlIi!ll IRlrni~TIDH SlSTOI WILL tllNTIlUI en
2ClIEi AT lIAIIIIIJM OF '0 IiPII i'£R 2eNE:, TIIi: a ....... TtA M£T£A fillS A RATE Of 15.0 Ii!'lI AT IIINIMUM
OF 3D VlIRIClHG !"SI.
SPRIIOCL.EA LllCllTIOICt An.w:£rIT TIl PAYM£NT.
STliUCTUJlt5, f£/l;ES, tlc VtIlLL. SE lIFf'SEr .. 1 "
TO II!" Mill.
AU. liLt.i:VlHG S>W.L 8£ mi -10 I'I/C 111 $lZE
INDICATED lIN PVH, ~ IF IIOT INDICATED. A "II<. Dr
It PI"!; SIKS ~ TIW! ntI: SUPPLY I.l~
C!JiTAINElJ. ALL SI,.;;J;:va 1,.,1" .~ INS1111.L£II A
111'1. Df 24' IELW FlNISI£I] CilIAtE.
~s stW.L lIE lIiSULLED ft.US~ '11TH
GRADE AIiII SHIII.L INSUliE PLIICIlLIITlOH TIllllUiH THE
.~
KEY PLAN
op-up HE'QcI
Inny Pipe
Tee
Barbed Ell
(2 Places)
fEDULE
SIZE
tj2"
tj2"
......... _ ............ ..L.....I.L .. j r, J....L\O..L.1, U U.L:J .l.t1..l.1..J
/"---Control relay
Miniclic Rainswitch
(Mount to avoid overspr€\)'
from icrigation heads),
Service disconnect/ ----jl:=-+--I-.141
breaker box
(by others)
Galvanized utility
il"On frarn€:work
Place at depth
adequate for
1~ __ ";:"_.Jl::::~,.,~t--Controller (as specified) ~ with locking cabinet.
2" PVC (for control Wil"ing).
CONTROL VALVE
ELECTRIC REMOTE
VALVE BOX (AMETEK OR EQUAL) CONTROL VALVE
BRASS GATE VALVE TO BE
SAME SIZE AS REMOTE
CONTROL VALVE.
COVER OF VALVE BOX TO
FINISH GRADE
BE FLUSH WITH FINISHED GRADE
~~~~~~~~~==~====:;~~~~~~~~~~~~~;C~U~T~-OUT TO BE
2" ABOVE TOP OF
REMAINING CUT-
PREVENT WASHING
6" LAYER OF COMPACTED------i= COURSE GRAVEL, ADJUST
THICKNESS AS NECESSARY ,
TO ESTABLISH FiNISHED
GRADE OF VALVE BOX,
A MINIMUM OF 6" AROUN~
EDGES OF VALVE BOX
GRAVEL MUST EXTEND
SCH 80
PVC PIPE:
VALVE BOX TO sIr
ON COMPACTED
aU'N'iA VI'L BM;E,
LATERAL PIPE
PVC MAIN
(
(
;;.
C
C
LAP
" l TO
HOOD
POL.fS.
NAIL If
ATTalS
"LAG AT
BASE,
:AL. 1 PTuS 11ULCH
; SPECIFIED.
_0 ~-IATER.
~J
I'IIN I' ABOVE
~llED
oN5 FOr< ROOT
15).
(CJ~I'«"(lD
~G WL k5
'ER Ti-IAN
.LL BE , OF
, TLl
"L ASSURE
ILL PLANTING
~TALLATION.
~G [lETAILS
D BE
<ER.
11'IM BE
WOOD JPOlj
IER OR
fECT.
I/Z"
" noIJl3l~"')Thi"
p'l<nll~~n~~.: l<c~"1
,d;o' ,,,;"(OI,.r;i SI, .. ;U,
TAIL
I.:lQIQ.
A. HA51-iiNJiTONIA ~'~8U~1f~ ~M~~~) PAl.~15 SWlllAR
WBCOTS INTACT 2. PRU~IE AND TIE FRONDS 6. SEE PLANS AND WIT14 I-IEI"IP TVlINE. SPECS. fOR PALMS ~ll CABBAGE PAll-IS BOOT5 TO REMAIN O~I TO BE 'I-IURRICAI>lE CUT' TRUNK. ,. 5 LAYER.S OF BURLA?
C. fiNAL TREE STAKING TO PROTECT TRUNr..
DETAILS AND PLACE-4. FIVE 2' X -1" X 10' ~OO[' MEHT TO 8E AP-BATTENS. PRO/ED Br (»INER, ,. SECURE BATTE!;S WITH 2-D. CONTRACTOR SI-IALL 3/4' CARBON STEEL BANOS ASSURE PERCOLATION
OF ALL PLANTING TO I-IOLD BATTENS IN PLACE.
PITS PRIOR TO ~A' I BE DRIYEN
INSTALLATION. , EIG T Of BATTENS SHALL 8E
LOCATED IN RELATION
TO THE HEIGHT OF THE PAll'!
FOR ADEOUATE BRACING
OVERALL PAL!"I 3-2' X 4" ~ Ij' LODGE POLES. I-IEIG!-IT (MEASURED NAIL (DRILL AND NAIL IF TO TOP OF BUD) NECESSAR,) TO BATTENS
CLEAR WOOD AND 2" X 4' STAKES FLAG
~EA5URED TO AT 111DPOINT AND AT BASE
nor-IOF 1. PRuVIDE FLAGGING LEAF SHEAn~5) , 3' SPECIFIED 11ULOI
GRAY HCOD q. BERI"I 50IL TO HOLD WATER ~1EASURED TO
OP OF HARDENED 10. flNI5i-I GRADE
TRUNI~) [I. 2" X 4' X 24' (I'IIN)
PT ~IOOD STAKES (HP')
HAIL TO SUPPORT POLES
11. PREPARED PLANTING
SOIL AS SPEClFIED
o Palm Planting Detail
..;J SEClION lIlTS
with DeepRool 6arrlers
O._p'-""b_~<1'o_"""""_I.a
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~~!':.~~~~e:.
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__ .' .... _CooIopj"Ho ... ~'r'.I7J.~d1_I""'_
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L.>o. ....... _ ..... ,,~ ......... -,
"t::.=or ='~' 11&0 .. 1&'1) '-or_
-!.I"-~!.I'"""",,,,,,
(DEEPROOT@I A)
General Planting Notes
CONTRACTOR SHALL FAI,tlLlARIZE HII"I/!1ERSELf I~ITH THE LIMITS OF WffiK
AND EXISTING COHDlTIOtlS AND VERIFr ALL INFORl1ATION. If DI5L:REPAHCIES
EXIST, CONTRACTOR 5HALL NOTIFY OI-lI~ER'S REPRESENTATIVE IN t>lRITING
rllTHIN SEVEN (7) CALENDAR DAYS OF I~OTICE TO PROCEED.
2. CONTRACTOR SHALL VERIf'( LOCATIONS OF ALL UNDERGROUND UTiLlTI~S AND
OBTAIN AS-BUILT INFORI-IATION DPArllNGS ~ERE PREPARED ACCORDING TO
nlE BEST INfORI1ATION AVAILABLE AT THE TI11£, CONTRACTOR SHALL NOTlf'(
Ot>lNER IN WRITING NtnllN 5EVEN (7) CALENDAR OArs OF NOTICE TO PROCEED
OF AN)' DISCREPAMCIES.
3. CONTRACTOR SHALL NOTifY ALL NECE5SARf UTILlTr COMPANIES 46 HOURS
MINIMUI'I PRIOR TO DIGGING fOj;' VERIFICATION OF ALL UNDERGROJND UTILITIES
AI~D OTHER OB5TRUCTI0[;5 AND W.JRDINATE ~IITH OWNER IN rlRITING
PRIOR TO INITIATING OPERATIUl45.
~. THE coNTRACTOR SHALL TAG AND NUMBER ALL PLANT MATERIAL TO BE
RELOCATED. TI-lE CONTRACTOR SHALL FULLY ASSIST A1~D COORDINATE THIS
NOOK I~ITH THE OWNER PRIOR TO INITIATltjG fiELD DIGGING nlE TREES.
'i LOCATfONS OF RELOCATED PLANT I'IATERIAL ARE APROXIMATED ON THE
DRAl-mltis. EXACT LOCATIONS OF REL!XATED PLANT tlATERIAL I~ILL BE
CLARIFIED BY THE O~INER ON SITE.
10. THE CCNTRACTOR SHALL BEAR ALL COSTS OF TESTING OF SOILS, Al1ENDMENTS,
ETC. AS50CIATED ~ITH THE HORK Al-ID INCLUDED IN THE SPEClfiCATlPN5
7, ALL PLAIH MATERIAL SAALL BE II~ FULL AND STR[CT ACCORDANCE TO
fLOPJDA (.[0, I GRADE, ACCQRDINCi TO THE "GRADES AND STANDARDS FOR
NURSERr PLAinS" PU8l1SHED Br THE fLORIDA DEPARTEMENT OF AGRICULTURE
AND CONSUMER SERVICES AND TJ-jE PROJECT I-IANUAL AND SPECifiCATIONS.
B TYPICALLY, 51-1RUB AND GROIJtlDCOVER PLA./HINGS ARE 5HOl-lH AS l'IA5S PL,IINTIH';'5
6EDS, PLANTS SHALL BE PLACED LlN A TRIAI,JGLJLAR SPAC.ING CONFIGURATION
(STAGCiERED SPACIr!G). PLANT CENHR TO CENTER DIMENSIONS (O.c.; ARE
LISTED ON TI-IE PLAlo/T LIST .
'I, CCNTRACTOR 5j.jALL FIELD STAKE THE LOCATIONS OF ALL PLANT 11ATERIAL PRIOR
TO INITIATING lI~sTALLATIOH FOR THE RI:.VIE~J AND APPROVAL OF THE OI~NER.
10. CONTRACTOR SHALL FIELD ADJUST LOCATION OF PLANT MATERIAL A5 NECESSARy
TO AVOID DAI1AGE TO ALL EXISTING UNDERGROUND UTILITIES AND/OR EXISTING
ABOVE GROUI~O ELEMENTS. ALL CHANGES REQlJlRED SHALL BE CO~IPLETED
AT TilE COHTRACTOR'S EXPENSE AND SHALL BE COORDINATED WITt.l THE OWNER
II, ALL PLANTING SHALL INCLUDE 3' LAYER Of SHREDDED 'FLORA-11ULCIl" OR
EUCALYPTUS 11ULCH AS PER nE SPECIFICATIONS,
12. ALL TREES PLANTED IN LAWN AREA SHALL RECEIVE A 3 ' DIAI1ETER
MULCH RING AT A DEPTH OF 3' AS PER HIE SPECIFICATICl'J5.
13. ALL EXISTING TREES PLAlnED IN LANN AREA SetALL RECEIVE A MINlr"IUH
5' DIAI'IETER 11ULC1-4 RING OR TO THE LIMIT OF THE ADJACENT LAI~N AREA
AT A OEPTH OF 3" AS PER THE SPECifiCATIONS
14. ANT SUBSTITUTION IN SIZE AND/OR PLANT 11ATERIAL MUST BE APPROVED BY
THE OWNER. ALL PLAI~TS WILL BE SUBJECT TO APPROVAL 8) THE CtrlNER
BEFORE PLANTING CAI~ BEGIN.
15. CONTRACTOR SHALL CI).1RDINATE ALL PLAI,ITING, EARTH;.!ORK AND ELECTRICAL
WORK rllTH IRRIGATION NaRK. AN IRRIGATIOtl SEN50R SHALL BE II~STALLED
BY CONTRACTOR AS PART OF THE IRRIGATIOll SYSTEM. CONTRACTOR SHALL BE
RESPOMSIBLE FOR ALL HAND ~~ATERING AS SPfClflED IN nJE PROJECT MAi'NAL TO
SUPPLEtlENTS IRRIGATIGN WATERING AND RAINFALL. CONTRACTOR SHALL BE
"RESPONSIBLE FOR HAllD WATERING IN ALL PLANTING AREAS, REGARDLESS OF TetE
STATUS OF EXISTING, PROPOSED OR NON-Ei:ISTENT IRRIGATION.
IG CONTRACTOR 5etALL COl1PACT AND REGRADE ALL AREAS DISTRUBED 6r PLANT
REMOVAL, RELOCATI(;N ANDIOR SLEEVE INSTALLATION HORK. CONTRAC.TOR SAALL
REPLACE (BY EQUAL SIZE AND OIJALlTr) ANY AND ALL EXISTING PlANT 11AHRIAL
DISTURBED OR DAI1AGED BT HISIHER WORt:.
17 PLANT LIST QUANTITIES ARE PROVIDED FOR CON\lENIENCE IN THE EVENT OF
QUANTln DISCREPANCIES, THE DRA;.!ING 5j.jALL TAKE PRECEDENCE. ANT
DISCREfANC~ES SHALL BE BROlJGi-IT TO THE ATTENTICfIJ Of TilE OWNER.
18. CONTRACTLlR SHALL REFER TO THE LANDSr:APE PLANTING DETAILS, PLANT LIST,
GENERAL NOTES A~ID THE PROJECT MANUAL AND SPECIFICATIONS FOR FURTI-IER
AND COMPLETE INSTRUCTIONS
lapped plants (6&8) aholl be dug wilh firm, nalurOI boll. af soil of sufficient size to
"ous and fe""inl! roots of the plants. No plants moved with a ball Shall bs planted if
d or broken. Plonu. balled and burlapped or container grown ehall not be handled by
"BR" in the Planl Ust Sholl be dug with bare roots. The roots ahall MOt be cut within the
.peclfled In tha Plant Ust. Core shail be ">Cercl.ed Ihat the roots do not dry out in
ta planting.
Palms (if applicable): Only a minimum of fronds Sholl be removed from the crown of the
:llllote mOving gnd hgndllng. CI.gr Tnmk (CT) .hgll be ae speclflad aft.r ths minimum
un ramoved. All pglm9 .. hall be braced per detail.
tre .. pits .hgll be dana using a.ueme care to owid domage to surfgce and Bub.urla~a
. utllitie. or hcrdst;gpe (liements, fggters gnd prepgllld sub-ba~(I~.
00"
IrD"n moterial sholl be healthy. vigorous. well-rooted plants and e.labli8~.,.j in the
~ they are sold. The plont. sholl have tops whlgh Olll of goad quality and are In a
:ondlticn.
QantO;Mr grown pl"n! shall bo transplanled Inlo a canlalner and grown In Ihat container
or the new flbraUB root!! to hovs developed "0 thai the rool mou will rIltein lUi !!hope
r when removed from tha conl<!lnar. Conl<!in.r 9rown ~tor:k sholl not be handled by
,und in containers shgll not be acceptable.
, nem-container grcwn material far mgtericl "'plicltly opecified to be container grown will
unless written oppr()VCIl is obtained frcm the owner and Landscape Archilect.
collected ~lgCk ;9 permitted as indicated on Ihe PI""t LiBt Schedule; the
f rootbolls shall t>o equgl to thot specified far the ne~t lorger size of nur .. ry
he Same variety.
fmm wild or nati ...... tamds .hall be con.ld",..,d .nur.,,/)' grown when they have
Iy re-e.rtablished in c nursery raw and grown under regular nurnery cultural
minimum of tWg (2) grgwing a." .. On8 and have attained adequate real and lop
,te full recavery fram transplanting into the nUr'llery raw.
ssory to complete the work on the Orowings shall be furnished. Quantity e.timote. have
.tully, but the Lond.cape Architect or Owner assumes na liability for omls.iens or
a disarllponcy DCCUr between the bidders loke off and the plant list quantity, the
;jed shall be notified for clcrific"Uan prior to ths .ubml.sian of bids.
and/or ,i~u specilied ~holl be th" minimum oceeplo,blc .. ize.
9 under this Centract sholl consist of flnel finished grodlng ef lawn end planUng a"",. that
I~h groded I)y others. Berming os shCll'w Cln the drQwln98 shall be the responsibility of the
,troctor, unlen othBrwlsB naled.
ape Conlractar .hgll fine grade the lawn and planting areas 10 bring the rcugh grode up 10
lrade allowing for thid<ness of .ed and/or mulch depth. TM" Contmator shall fine grade
or wllh all aquipment nece!!sory including 0 grading troctor with frenl-end loader far
]il wtl;hin the site.
Ore~. sholl be grcded and maintolned to cllow free flow of surfgae waler. Areas adjacent
1011 slope away from tne buildings.
, borio,e commencIng work: The Conlr"c\or shall clean up work and surroundinll are08 of
objeclionable matter. All martor, cement. end to~lo material shall be removed from the
plant bede. The.e moterials sholl nat be m;""d with the soil. Should Ihe Contractor lind
III10ns bsneoth the soil Which w1l1 In ony way <ldvemely offect the plant growth, h8 sholl
,II It to Ihe attenl!on of the landscape Architect or Owner. Failure to ;jo 80 bolere
make the oofTeclive measures the responsibility of the Conlmctor.
,ans of all u~lItle •• conduits. supply line. and cabl ... including but not limited 10: electric.
tonke), water, !!anitgry eewer. stormw"ter lines, cable "nd telephone. Properly maintain
<isting utilities.
"oavgUan: Site Contractor is reepQllslble t" rIlmOlle all o»<i.tin<;J and imparted limerock and
b,,~e from all landscopa planting areas to a mlnf-mum depth gf JC·. Site Cantractar is
bcckfill the,.e pldnt!ng area. to rough finished grade with clean topsoil from on on-sita
Imported sauree. If IImerock "gndllions occur In planted area5 after 36" deep e.cavallon
ctar, and positive draingoe can not be gchieved, Landsoape Contractcr s~,,11 utlli~e
Ihol oddren ... poor drainage.
asry'. certlficale of compliance with all requirements as Mrain specified and required.
,Iect pl"nt moterial. befor. plants are dug 01 nu","ry or grow;ng .ite.
amply with applicable Federol, State, County. and locol r.gulotlons g""ernir.g lendscape
work. Conform to acc~ptod horticultural proclJcee as used In tho Irade. Plontu shall be
1 arrival ot the site by being thgroughly watered and properly maintain"" until plgntod.
)t remain unprotected for a period e.ceeding twenty-four (H) haurs. At all limn
,ethods customary in good horticultu",1 proctlces $h,,11 be enrclsed.
hall be coordinated with other \rodon to prevent conflicts. Coordinate 1M plgnting with the
to assure ovgilability of water and proper location of Irrigation itams and plants.
pile .hall be excaY"ted to size gnd depth In accordance with Ihe USA Standard for Nurs.ry
",Ius shown olhe""i.e on Iha drowings, gnd backfilled with the prepared Planting Soil as
nbofore (So:ction E). Test all tree pl\3 wil;h ",ater before planting to "ssun: proper
,Ialion is oYoilable. No allowance will be made for last plonts due to improper dminage.
j" !»Ciete. utiliZe planting dBtaii that addre ... u thl. condltTon. Trees shell be set plumb
)Bilian until Ihe planting mixture has been flushed into place with a sloW, full hose stream.
all be performed by pen'lonMI familiar with planting procedure and under the
a qualified planting foreman. Propsr "jetting In" shall bo anured to eliminate air
j the roots. "Jet Stick" gr equal is recommended.
cnsary precautions to ""oid damage to buildings and building structures w~ile installing
KEY PLAN
1.01
A.
B.
EXHIBIT 2
Insurance & Indemnification Requirements
Insurance
Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM. from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use reSUlting there from; (I) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on' Florida approved forms and as set forth below:
1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440. Florida Statutes. as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability. contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1 ,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medic.llnsurance: $5,000 per person;
• Property Damage: $500,000 e.ch occurrence;
1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products andlor Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
44
(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 edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the
state of Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) Employers' Non-Ownership
1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision as set forth in section 5.1 above and 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:
45
"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 materiaUy 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 FI RM 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 CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses. claims. demands, suits. fines,
judgments or cost and expenses, including reasonable attorney's fees. paralegal fees and investigative costs
incidental there to and incurred prior to. during or following any litigation, mediation. arbitration and at all
appellate levels, which may be suffered by, or accrued agairist, 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.
46
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.
THIS IS INCLUDED IN THE GENERAL CONDITIONS
END OF SECTION
47
EXHIBIT 3
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
CONSTRUCTION
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this RFP Package and to perform and furnish all work as specified or
indicated in this RFP, including as set forth in Exhibit I (Scope of Services) for the Proposed Price as
set forth below, within the Contract Time and in accordance with the other terms and conditions of the
RFP Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond; if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the RFP package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if reqUired by
this RFP, required insurance documents, and other documents required by the RFP, including the
Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of
Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the RFP Documents and of the following Addenda, if any (receipt
of all which is hereby acknowledged.)
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work. site. locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditioll's: If applicable to this RFP, the Respondent represents that:
i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and
drawings of physical conditions.
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations. investigations, explorations, tests and studies in addition to or to
supplement those referred tb in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations. tests, reports or similar information or data are, or will, be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable
presumption that the Respondent's bid, or proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, shall not be entitled to a change
order for any such condition discovered thereafter.
iii. Respondent has correlated the results of all such observations. examinations, investigations,
explorations, tests. reports and studies with the terms and conditions of the Contract Documents.
48
iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP
Package or in the Contract Documents with respect to existing Underground Facilities or conditions
at or contiguous to the site and assumes responsibility for the accurate location of all Underground
Facilities and conditions that may affect the Work. No additional examinations, investigations,
explorations, tests, reports or similar information or data in respect to any Underground Facilities or
conditions are. or will be. required by Respondent in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the cost of the
Work and unless the respondent makes a written request to the City for additional information
prior to submitting the bid or proposal as required in subsection ii above.
d. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has
discovered in the Contract Documents and. if any conflicts. errors or discrepancies have been found
and notice given, the Respondent represents, by submitting its proposal to the City, that the
Respondent has received sufficient notice of the resolution thereof from the City. that such resolution
is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts. errors or
discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization. or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person,
firm or corporation to refrain from responding; and Respondent has not sought by collusion or
otherwise to obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install
all of the Work complete and in place. The Schedule of Values. if required. is provided for the purpose of
Proposal Exaluation and when initiated by the CITY. it shall form the basis for calculating the pricing of change
orders. The Contract Pr'lce shall not be adjusted in any way so as to result in a deviation from the Schedule of
Values. except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such.
the Respondent shall furnish all labor, materials, equipment. tools, superintendence and Services necessary to
provide a complete. in place. Project for the Proposal Price of:
LUMP SUM BASE PRICE;
Option A. refer to Exhibit I,
Scope of Services: --".$ ________________________ _
$ dollars and cents
LUMP SUM BASE PRICE;
Option B. refer to Exhibit I,
Scope of Services: --".$ _________________________ _
$ dollars and cents
Alternates: #1 _______ #2. ___________ _
A fee breakdown. if applicable. for each .task must be completed in the table shown above. Failure to
complete this information shall render the proposal non-responsive.
5. The ENTIRE WORK shall be completed. in full. within 60 working days from the commencement date
set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time
period shall result in the assessment of liquidated damages as may be set forth in the Contract.
6. Insert the following information for future communication with you concerning this Proposal:
49
RESPONDENT:
Address:
Telephone:
Facsimile:
Contact Person
7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is
assigned to them in the Contract Documents. unless specifically defined in this RFP Package.
8. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the RFP package and I agree to be bound by those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal. or such information that the City and I have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing.
including e-mail confirmation, if any.
SUBMITTED THIS ___ DAYOF _________ 20_.
PROPOSAL SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit Proposal Fax Number
Signature Email Address
Title
END OF SECTION
50
EXHIBIT 4
"Attachment A to Bid Package"
Public Housing and Community Development
Federal Labor Standards and
Section 3 Requirements
51
ATTACHMENT A
TO BID PACKAGE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
FEDERAL LABOR STANDARDS AND
SECTION 3 REQUIREMENTS
Agency Name: City of South Miami
Proiect Name: Murrav Park -Multi Purpose Field
Project Address: 6701 SW 5910 Place, South Miami, FL 33143
Prepared by:
Cathrlne J. Lara, Project Manager
Revised: 0412712015
Table of Contents
Federal Labor Requirements Documents that must be incorporated in the submittal of
the bid package:
• Notice to Bidders / Prospective Contractor(s)
• Statement of Bidder's Construction Experience
• Certification Receipt
• Davis-Bacon Wage Decision FL150221 Mod 1 01/09/2015 -FL221-HIGI!WAY
• Federal Labor Standards Provisions (Form HUD-4010)
• Insurance Requirements
• Provisions to be Incorporated in Construction Contracts:
o 1) Davis-Bacon Act,
o 2) Termination,
o 3) Access to Records and Record Retention,
• Non-Collusion Affidavit
• Certification Regarding Lobbying
• Affirmative Action Standards
• Certification of Compliance with Part 60-2: Affirmative Action Programs
• Other Required Certifications:
o 1) Equal Employment Opportunity,
o 2) Affirmative Action,
o 3) Americans with Disabilities Act,
o 4) Copeland Anti-Kickback,
o 5) Byrd Anti-Lobbying Amendment,
o 6) Full Disclosure by the Contractor/Bidder,
o 7) Non-Discrimination Clause,
o 8) Age Discrimination Act of 1975 as Amended, and
o 9) Section 504 of the Rehabilitation Act of 1973 as Amended.
• Certification Regarding Drug Free Workplace (Grantees Other than Individuals)
• Assurance of Compliance (Section 3, HUD Act of 1968)
• Section 3 Requirements
• Section 3 Clause
• Bidder's Initial Section 3 Goats
• Certificallon Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Transactions (Certification Document and Instructions)
• Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to Executive Order
(EO 11246)
• Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era
• Equal Opportunity for Workers with Disabilities
• Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(EO 11246)
• Equal Employment Opportunity (EEO) Clause for Contractors Subject to EO 11246
• Certification of Nonsegregated Facilities
• . Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities
• Notice of Requirement -Clean Water, Clean Air, EO 11738 and EPA Regulations Provision
• Certification of Compliance with Federal Regulations
o Clean Air Act,
o Federal Water Pollution Control Act, and
o Lead-Based Paint Poisoning Prevention Act
• Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Direct Recipient)
• Public Entity Crimes Affidavit
1-B10 PACKAGE
Miami-Dade County PHCD
Page2
NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (5)
This project, in whole or in part, will be assisted through the Miami-Dade County Public
Housing and Community Development with Federal funding from Community Development
Block Grant and as such bidder must comply with Presidential Executive Order 11246, as
amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the
Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work
Hours and Safety Standards Act and all other applicable federal, state and local ordinance.
The bidder is required to pay workers on this project the minimum wages as determined in the
Wage Determination Decision included in the Bidder's package; and that the contractor must
ensure that employees are not discriminated because of race, color, religion, sex or national
origin.
This project is also a Section 3 covered activity. Section 3 requires that job training,
employment and contracting opportunities be directed to very-low and low income persons or
business owners who live in the project's area.
(Please use thIs language in the advertisement of the project)
2· NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S) (CDBG]
Mlaml-Dade County PHCD
Page 3
Initials
STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE
To be submitted by each Bidder with requested information and documentation with the Bid
package
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, add separate sheets for items marked "*".
1. Prime Contractor: ________________________ _
2. Prime Contractor Address: ____________________ _
3. Name of each principal officer of corporation, partner, firm or individual:
4. Gender and Ethnicity of Principals: _________________ _
5. Company Qualifier: ________ ,-----______________ _
6. Years in Business: ____ _
7. U.S. Treasury Number. (Employer's Identification number; Federal Social Security
number used on Employer's quarterly Federal Tax/return, U.S. Treasury Department.
License Number: ______ _ State: _______ _
8. Contractor's Certification Categories: ________________ _
9. Contracts completed in the last five years (include the months and year completed,
use additional pages, if needed)
10. Contractor's on-going construction projects (Schedule these, showing gross amount of
each contract and the approximate anticipated dates of completion).
11. Have you ever failed to complete any work awarded to your company? ____ _
If so, where and Why?
Page 1 of2
3· STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE
Miami-Dade County PHCD
Page 4
12. Have you ever defaulted on a Contract? ___ Please explain on a separate sheet.
13. Through what personnel or affiliations do you propose to provide knowledge of local
design and construction problems and methods?
14. a) The undersigned has attached a detailed financial statement and furnish any
other information that may be required by Miami-Dade Office of Community and
Economic Development?
(Initials)
The Bidder promises to defend, indemnify and hold harmless the ___ .,.---:_--:-:--_
(agency name) and Miami-Dade County with regard to any disclosures or information
received, whether at trial, in arbitration or on appeal.
(InItials)
15. The Bidder authorizes any person, firm corporation, organization or governmental unit
to act on a copy of the submitted financial statement.
(initials)
17. The undersigned hereby authorizes and requests any person, firm, corporation, or
governmental unit, to furnish any information requested by the (name
of agency) in verification of the recitals comprising this statement of bidder's
experience
(initials)
SUBSCRIBED AND SWORN TO (or affirmed) before me on _______ _
Date
He/She is personally known to me or has presented By __ ~~ ______ _
(Affiant)
___ ---=:;--_:-;-.,----;:-;c--:-;--;-_____ as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print or Stamp Name of Notary) (Expiration Date)
Notary
Public
(State)
. Notary Seal
Page 2 of2
3-STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE
Miarrli--Dade County PHCD
Page 5
CERTIFICATION RECEIPT
This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban
Development Federal Labor Standards Provisions (HUD Form 4010) concerning the
project Murray Park -Multi Purpose Field -Lawn and Turf Renovations
(Name of project)
Further, I hereby certify that I have on this date, read, examined, understood and
acknowledge the contents of U.S. Department of Labor requirements, particularly the
requirements contained in Wage General Decision Number FL 150221 Mod 1,01/09/2015-
FL221 -Highway that is applicable to this project.
I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued
by the United States Department of Housing and Urban Development and described in Form
HUD-4010 and those requirements contained in Wage General Decision Number: FL 150221
Mod 1,01/09/20015 -FL221 -Highway for this project.
Agency Name: Employer 10 #/FIO #:
Full Address (including City, ST and Zip) and Email Address
.
Authorized Signature:
Print Name:
.
Check one, as applicable:
__ Contractor
__ Subcontractor
Other
4 R CERTIFICATION RECEIPT
Miami~Dade County PHCD
Page 6
Title:
General Decision Number: FL150221 01/09/2015 FL221
Superseded General Decision Number: FL20140221
State: Florida
Construction Type: Highway
County: Miami-Dade County in Florida.
HIGHWAY CONSTRUC1'ION PROJECTS
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis-Bacon Act for which the solicitation is issued on
or after January I, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number
o
1
Publication Date
01/02/2015
01/09/2015
* ELEC0349-002 09/01/2014
Rates
ELECTRICIAN ...................... $ 30. 11
SUFL2013-039 08/19/2013
Rates
CARPENTER ........................ $ 17.84
CEMENT MASON/CONCRETE
FINISHER, Includes Form Work ..... $ 15.49
FENCE ERECTOR .................... $ 12. 82
HIGHWAY/PARKING LOT STRIPING:
Operator (Striping Machine) ..... $ 15.07
HIGHWAY/PARKING LOT STRIPING:
Painter ......................... $ 12.13
HIGHWAY/PARKING LOT STRIPING,
Operator (Spray Nozzleman) ....... $ 11.16
INSTALLER -GUARDRAIL ............ $ 13.43
IRONWORKER, ORNAMENTAL .•...•..... $ 13.48
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Fringes
10.06
Fringes
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Page 1 of6
4/2712015
IRONWORKER, REINFORCING .......... $ 18.43
IRONWORKER, S1'RUCTURAL ........... $ 16.42
LABORER (Traffic Control
Specialist incl. placing of
cones/barricades/barrels -
Setter, Mover, Sweeper) •......... $ 11.59
LABORER; Asphalt, Includes
Raker, Shoveler, Spreader and
Distributor ...................... $ 12.31
LABORER; Common or General ...... $ 10.69
LABORER; Flagger ....•........... $ 12.53
LABORER: Grade Checker .......... $ 12.41
LABORER: Landscape &
Irrigation ....................... $ 9.02
LABORER: Mason Tender -
Cement/Concrete .................. $ 13.91
LABORER: Pipelayer .............. $ 15.02
OPERATOR:
Backhoe/Excavator/Trackhoe ....... $ 16.24
OPERATOR: Bobcat/Skid
steer/Skid Loader ...•............ $ 12.88
OPERATOR; Boom .................. $ 18.95
OPERATOR; Boring Machine ........ $ 15.29
OPERA1'OR; Broom/Sweeper ......... $ 13.01
OPERATOR; Bulldozer ............. $ 16.77
OPERATOR: Concrete Finishing
Machine .......................... $ 15.44
OPERA'I'OR; Concrete Saw .......... '$ 14.43
OPERATOR; Crane ................. $ 22.46
OPERATOR; Curb Machine .......•... $ 20.74
OPERATOR; Distributor ........... $ 13.29
OPERATOR; Drill .......•....... ,.$ 14.78
OPERATOR; Forklift .............. $ 16.32
OPERATOR; Gradall. .............. $ 14.71
OPERATOR; Grader/Blade .......... $ 20.22
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0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.85
4/27/2015
OPERATOR: Loader ................ $ 15.53 0.00
OPERATOR: Mechanic .............. $ 18.03 0.00
OPERATOR: Milling Machine ... , . , . $ 14.67 0.00
OPERATOR: Oiler, ... , ........ , ... $ 16.32 0.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) ......... $ 13.61 0.00
OPERATOR: Piledriver., .. , ... , ... $ 17,23 0,00
OPERATOR: Post Dr.iver
(Guardrail/Fences) ............... $ 14.45 0.00
OPERATOR: Roller ................ $ 13.67 0.00
OPERATOR: Scraper .. ".,., .... , .. $ 12.01 0,00
OPERATOR: Screed ................ $ 14 .15 0.00
OPERATOR: Tractor ............... $ 12.19 0.00
OPERATOR: Trencher ........... , .. $ 14.74 0.00
PAINTER: Spray .................. $ 16.52 0.00
SIGN ERECTOR ..................... $ 12.96 0.00
TRAFFIC SIGNALIZATION:
Traffic Signal Installation .. , ... $ 19.07 0.00
TRUCK DRIVER: Distributor
Truck ... " .. " .... , ... , .. , ....... $ 14.96 2.17
TRUCK DRIVER: Dump Truck ........ $ 12.19 0.00
TROCK DRIVER: Flatbed Truck ..... $ 14.28 0.00
TRUCK DRIVER: Lowboy Truck .. , ... $ 15.07 0.00
TRUCK DRIVER: Slurry 'rruck ...... $ 11.96 0.00
TRUCK DRIVER: Vactor Truck ...... $ 14.21 0.00
TRUCK DRIVER: Water Truck ....... $ 13.17 1.60
WELDERS -Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (I) (ii)).
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The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
orde,r. of 'Iidentifiers" tha.t indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) ,
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SUI! or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate/Identifiers
Classifications listed under the "SO" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average r.ate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates, LA indicates
the State of Louisiana, 2012 is the year of survey on which
these' classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification{s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however r 100% of the data repor.:ted fox: the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
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4/27/2015
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under. that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
*
*
*
*
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
290 Constitution Avenue/ N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue/ N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
62
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Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final·.
================================================================
END OF GENERAL DECISION
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Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work
covered by thIs contract pertains is being assisted by the
United States of America and the followIng Federal Labor
Standards Provisions are Included in this Contract
pursuant to the provisions applicable to such Federal
assistance,
A. 1. (I) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not le8s often than once a week., and
without subsequent deduction or rebate on any aocount
{except such payroll deductions as are permitted by
regulallons isslled by the Seoretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide frInge benefits (or cash equIvalents thereof)
due at tIme of payment computed at rates not less than
those contaIned In the wage determinatIon of the
Secretary of Labor which Is attached hereto and made a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contrtbullons made or
costs reasonably anticipated faT bona fide fringe benefits
under Section l(b)(2) of the Davis-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(lv); also, regular contrlbutlons made or costs
Incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or Incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the cls$sificaUon of work actually performed, without
regard to skill, except as provided In 29 CFR 5,5{a){4).
laborers or mechanics performIng work in more than one
classification may be compensated at Ihe rate specIfied for
eaoh classlfloatlon for the time actually worked therein:
Provided, That the employer's payroll reoords accurately
set forth the time spent in each classification in which
work Is performed. The wage determination (Including any
additional classification and wage rates conformed 'under
29 CFR 5.5(a)(1)(1I) and the Davls·Bacon poster (WH·
1321) shall be posted at all times by the contractor and its
subcontractors al the site of the work In a prominent and
accessible, place where It oan be easily seen by the
workers.
(II) (a) Any class of laborers or mechanics whIch Is not
listed In the wage determInation and whloh Is to be
employed under the contract shall be classified In
conformance with the wage determination, HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
U.S. Department of Housing
and Urban Development
Office of Labor Relations
(1) The work to be performed by the classification
requested Is not performed by a classification In the wage
determination; and
(2) The classification Is utilized In the area by the
construction Industry; and
(3) The proposed wage rate, Including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained In the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed In the classification (If known), or their
representatives, and HUD or Hs designee agree on the
classification and wage rate (Including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or Its designee to
the Administrator of the Wage and Hour DiviSion,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator. or an
authorIzed representative, wIll approve, modify, or
disapprove every additional clusificalion action within 30
days of receipt and so advise HUD or Its designee or will
notify HUn or Its designee within the 3D-day period that
additional time Is necessary. (Approved by the Office of
Management and Buclget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanios
to be employed In the classification· or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (Including the
amount designated for fringe benefits, where appropriate),
HUD or Its designee shall refer the questions, Including
the views of all Interested parties and the recommendation
of HUD or Its designee, to the Administrator ·for
determination. The AdmInistrator, or an authorized
representative, will issue a determInation within 30 days of
receipt and so advise HUD or Its designee or will notify
HUD or Its designee within the 30-day period that
additional time Is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(il)(b) or (e) of this pOTagraph. shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed In
the classification.
(III) Whenever the minimum wage rate prescribed In the
contract for a class of laborers or mechanics Includes a
fringe benefit which Is not expressed as an hourly rate, the
contractor shall either pay the beneflt as stated in Ihe
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equIvalent Ihereof.
(Iv) If the contractor does not make payments to a trustee
or other third person, the contractor may conSider as part
Previous editions are obsolete Page 1 of5
form HUD·4010 (0612009)
ref. Handbook 1344.1
64
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated In providing bona fide fringe
benefits under a pian or program, ProvIded, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davls-
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside In a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding, HUD or its designee shall upon lis own
actfon or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements,
which !s held by the same prime contractor so much of the
accrued payments or advances as may be con&ldered
necessary to pay laborers and mechanics, Including
apprentices, trainees and helpers, employ-ad by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, Including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or Its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its desJgnee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due, The Comptroller General shall make auch
disbursements in the case of direct Dav!s-Bacon Act
contracts,
3. (0 Payrolls and basic records, Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved fOT a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain 1he name, address, and soolal security
number of each such worker, his or her correct
classlfloation, hourly rates of wages paid (Including rates
of contributions or costs antiCipated for bona fide fringe
benefits or cash equivalents thereof of the types described
In Section l(b)(2)(8) of the DaVis-bacon Act). dally and
week.ly number of hours worked, deductions made and
actuel wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any
laborer or mechanic Include the amount of any costs
reasonably anticipated In providIng benefits under a plan
or program described In Section l(b)(2)(8) of the Davis·
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits Is
enforceable, that the plan or program Is financially
responSible, and that the plan or program has been
Previous editions are obsolete
communicated In writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred In providing such benefits.
Contractors employing apprentices or trainees under
approved pro9rams shall maintain written evidence of the
registration of apprenticeship programs and certlflcation of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approvecl by the Office of
Management and Budget under OMS Control Numbers
1215-0140 and 1215-0017.)
jll) (a) The contracior shall submit weekly for each week
In which any contract work Is performed a copy of all
payrolls to HUD or Its designee if the agency Is a party to
the contract, but if the agency Is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or Ih~ de~lgnee, The payrolls submitted shall set out
accurately and completely all of the informatlon-required.
to be maintained under 29 CFR 5.5(a)(3){1) except that full
social security numbers and home addresses shall not be
Included on weekly transmittals. Instead the payrolls shall
only need to Include an Individually Identifying number for
each employee (e.g., the last four digits of the employee's
sqcial security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH-347 Is available for this purpose from
the Wage and Hour Division Web site at
http://www.do!goy/osa/whd/forms/wh347iostr.htm or its
successor site, The prime contractor Is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee If the agency Is a party to the
contract, but If the agency is not such a party. the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or I~s designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
Investigation or audit of compliance with prevailing wage
requirements. It Is not a violation of this subparagraph for
a prime contractor to reqUire a subcontractor to provide
addresses and SOCial security numbers to the prime
contractor for Its own records, without weekly submission
to HUD or Us designee. (Approved by the amce of
Management and Budget under OMS Control Numper
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
"Statement of Compliance," Signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract
and shall certtfy the following;
(1) That the payroll for the payrOll period contains the
Information required to be prOVided under 29 CFR 5.5
(a)(3)(II), the appropriate Information is being maintained
under 29 CFR 5.5(a)(3)(1), and that such Information is
correct and complete:
Page2of5
form HUD-4010 (0612009)
ret Handbook 1344,1
65
(2) That e,ach laborer or mechanic (Including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate. eIther directly or Indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified In the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph
A.3.(II)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(III) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or tr:anscrlptlon by authorized
representatives 9f HUD or its designee or the Department
of Labor, and shall permit such representatives to
Interview employees during working hours on the Job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD Of Its designee
may, after written notice to the c,ontractor, sponsor,
applicant Of owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 6.12.
4. Apprentices and Trainees.
(I) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
Individually registered in a bona fide apprenticeship
program registered wIth the U.S. Oepartment of Labor,
Employment and Training Administration. Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person Is employed In his or her flrsl 90
days of probationary employment as an apprentice In such
an apprenticeship program, who Is not Individually
registered in the program. but who has been certified by
the Office of Apprenticeship Training, Employer and Labor
Services Of a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
journeymen on the Job site In any craft classlflcatlon shall
not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who
Previous editions are obsolete
Is not registered or otherwise employed as stated above,
shalt be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the Job sile in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actuaJly performed. Where a contractor Is performing
construction on a project in a locality other than thai In
which Its program Is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified In the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified In the applicable wage determination.
Apprentices shall be paid fringe benefits In accordance
with the provisions of the apprenticeship program, If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
claSSification. fringes shall be paid In accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprentlceshlp program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program Is
approved.
(II) Trainees. Except as provided In 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ',10 and Individually registered In a
program which h~s received prior approval, evIdenced by
formal certification by the U.S. Departme'nt of Labor,
Employment and Training Administration. The raHo of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and training Administration. Every trainee
must be paid at not Jess than the rate specified In the
approved program for the trainee's level of progress,
expressed as a percentage of the Journeyman hourly rate
specified In the applicable wage determination. Trainees
shall. be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the fuJi amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding Journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices, Any
employee lIsted on the payroll at a trainee rate who is not
registered and participating In a training plan approved by
Pago 3 of 5
form HUC-4010 (06/2009)
ret Handbook 1344.1
66
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed, In addition,
any trainee performing work on the Job site In excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage.
determination for the work actually performed. In the
event Ihe Employment and TrainIng Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
until an acceptable program Is approved.
(ill) Equal employment opportunity. The utJllzatlon of
ap·prenUces, traInees and journeymen· under 29 CF~ Part 5
shall be In conformity with the aqual employmenl
opporlunlty requirements of Executive Order 11246, as
amended. and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference In this contract
6. Subcontracts. The contractor or subcontractor will
insert !n any subcontracts Ihe clauses contained In
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or Its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage deolslon, and also a clause requiring the
subcontractors to Include these clauses In any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses In this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses [n 29 CFR 5,5 may be grounds for
termination of the.contract and for debarment, as a
contractor and a subcontractor as provided in 29 CFR
5.12.
B. Compliance with Davl8~8acon and Related Act Requirements,
All rulings and interprelaUons of the DaviswBacon and
Related Acts contained In 29 CFR Parts 1, 3, and 5 are
herein Incorporated by reference In this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not b~ subject to the general disputes
clause of this contract. Such dllJputes,shall be resolved [n
accordance with the procedures of the Department of
Labor set forth In 29 CFR Parts 5, 6, and 7, Disputes
within the meaning of this clause Include disputes between
the contractor (or any of Its subcontractors) and HUn or
Its designee, the U.S, Department of Labor, or the
employees or their representatives.
10. (I) Certification of Eligibility. By entering Into this
contract the contractor certifies that neither It (nor he or
she) nor any person or firm who has an Interest In the
contractor's firm Is a person or firm Ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
Previous editions are obsolete
awarded HUD contracts or participate In HUD programs
pursuant to 24 CFR Part 24.
(Ii) No part of this contract shall be subcontracted to any
person or firm Ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis-Bacon Act
or 29 CFR 5,12(a)(1) or 10 be awarded HUD contr~cts or
participate In HUD programs pursuant to 24 CFR Part 24,
(ill) The penalty for making false statements Is prescribed
In the U,S, Criminal Code, 18 U,S.C, 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Tille 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of . influencing In any
way the action of such Administration" ... makes, utters or
publishes any statement knowing the same to be false .....
shall be fined not more than $5,000 or imprisoned not
more than two years, or both,"
11. Complaints, Proceedings, or Tutlmony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or In any other manner
discriminated against by the Contracior or any
subcontractor because such employee has filed any
complaint or Instituted or caused to be Instituted any
proceeding or has testified or Is about to testify In any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisIons of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used In this paragraph, the
terms "laborers" and "mechanics" Include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
Involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic In any workweek In which the
individual Is employed on such work to work in excess of 40 hours in
such workw.eek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for aU hours worked In excess of 40 hours In such
workweek.
(2) Violation; liability for unpaid wagesj liquidated
damages. In the event of any violation of the clause set
forth In subparagraph (1) of this paragraph, the contractor
and eny subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor lind
subcontractor shall be liable to the United States (in 1he
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory). for liquidated damages. Such liquidated
damages shall be computed with respect to each Individual
laborer or mechanic, Including watchmen and guards,
employed in violation of the clause set forth In
subparagraph (1) of this paragraph, In the sum of $10 for each
calendar day on which such Individual was required or permitted to
work In excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
Page 4 of 5
form HUD-4010 (0612009)
ref. Handbook 1344.1
67
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon Ita own actton
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on acoount of work performed by
the contractor or suboontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work, Hours and Safety Standards Act which Is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
Insert In any subcontracts Ihe clauses set forth In
subparagraph (1) through {4} of this paragraph and also a
clause requiring the subcontractors to include these
clauses In any lower tier subcontracts, The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth In subparagraphs (1) through (4) of this
paragraph.
C. Hsl;tlth and Safety. The provisions of this paragraph Care
applicable where the amount of the prime contract exceeds $100,000.
(1~ No laborer or mechanic shall be required to work In
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to hIs health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulatlons
Issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in Imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et seq.
(3) The contractor shaH InclUde the provisions of this
paragraph In every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Seoretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete
Page 5 of 5
68
form HUD-4010 (0612009)
ref. Handbook 1344.1
INSURANCE REQUIREMENTS
The term "Contractor", as used in this document, refers to the entity providing construction
type services. The terms "owner" and "sub-recipienf' are used interchangeably, and refer
to the entity receiving Federal funds directly from PHCD.
I. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary
certificate(s) and original policies described hereunder.
A. New Construction projects include construction of a new building; addition of dwelling units outside the existing
walls of a structure, etc.
B. Major Rehabilitation includes additions to existing buildings; installation of new infrastructure; rehabilitation of
existing structures (costs at or over 25% of the value of the property), etc.
C. Minor Rehabilitation and Acquisition of Land include rehabilitation of existing structures -moderate home rehab;
repairs and rehab to homes such as installation of new windows, shutters, doors, interior renovation, (costs not 10
exceed 25% of the value of the property); and the actual acquisition of land and for the purpose of developing
affordable housing units (does not include actual construction of the units).
D. Commercial Revitalization includes rehab to the fagade of existing structures to enhance the neighborhood and.
its surroundings.
II. Insurance required by project type:
PROJECT TYPE
A. New Construction
B. Major Rehabilitation
C. Minor Rehabilitation and Land Acquisition
D. Commerc1al Revitalization
A. New Construction
B. ,Major Rehabilitation
D. Commercial Revitalization
C. Minor Rehabilitation and land Acquisition
A, New Construction
B. Major Rehabilitation
A. New Construcllon
B. Major Rehabilitation
C. Minor Rehabllitatton and land Acquisition
D. Commercial Revitalization
A. New Construction
B, Major Rehabilitation
REQUIRED CERTIFICATE(S) OF INSURANCE
Worker's Compensation Insurance .. for all employees of the
Contractor as required by Florida Statute 440,
Professional Liability Insurancew in the name of the Contractor or the
licensed design professional employed by the Proposer in an amount of
not less than $250,000.
Commercial GeneralUability -on a comprehensive basis, including
Explosion, Collapse and Underground liability coverage In an amount
not less than $300,000 combined single limit per occurrence for bodily
Injury and property damage. Miami-Dade County must be shown as
an additional Insured with respect to this coverage.
Commercial General Liability on a comprehensive basis, including
Explosion. Collapse and Underground liability coverage in an amount
not less than $500,000 combined single limit per occurrence for bodily
Injury and property damage. Miami-Dade County must be shown as
an additional Insured with respect to this coverage.
Commercial General Liability on a comprehensive basis, including
Explosion, Collapse and Underground Liability coverage in an amount
not less than $1,000,000 combined single limit per occurrence for bodily
Injury and property damage. Miami-Dade County must be shown as
an additional Insured with respect to this coverage.
Automobile Liability Insurance-covering all owned, non-owned and
hired vehicles used In connection with the work, in an amount not less
than $500,000 combined single I1mit per occurrence for bodily injury and
property damage.
Completed Value Builderts Risk Insurance-on al "All Risk" basis in
an amount not less than one hundred (100%) percent afthe insurable
value of the buikling(s) or structure(s). The policy shall be in the name
of the sub-recIpient and the Contractor, and Miami-Dade County must
be listed as a loss payee.
AU Insurance requirements must be ver1f!ed at the time of the pre-construction meeting.
Page 1 of2
6· INSURANCE REQUIREMENTS
Miami-Dade County PHCD
Page 7
III. All insurance policies required above all shall be issued by companies authorized to do
business under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than
"Class V" as to financial strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the County Risk Management Division.
Or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to Do Business in Florida"
issued by the State of Florida Department of Insurance and are members of the Florida
Guaranty Fund.
IV. All insurance required by the contract must stay in force until final acceptance except,
"Completed Value Builder's Risk" which may be dropped after SUbstantial completion.
The Contractor shall also keep all insurance required by contract, except "Completed
Value Builder's Risk", in force when performing any work during the guarantee
period(s).
The Contractor shall. furnish certificates of insurance and insurance policies to the
owner prior to commencing any operation under this contract, which certificates shall
clearly indicate that the Contractor has obtained insurance, in the type, amount, and
classifications, as required for strict compliance with the contract.
NOTE: Certificates will indicate no modification or change in insurance shall be made
without thirty (30) days in advance notice to the certificate holder.
Compliance with the foregoing requirements as to the carrying of insurance shall not
relieve the Contractor from his liability under any other portion of this contract.
V. Cancellation of any insurance or bonds, or non-payment by the contractor of any
premium for any insurance policies or bonds required by this contract shall constitute a
breach of this contract. In addition to any other legal remedies, the owner at its sole
. option may terminate this contract or pay such premiums, and deduct the costs thereof
from any amount, which are or may be due to the Contractor.
Page2of2
6 -INSURANCE REQUIREMENTS
Miami-Dade County PHCD
Page 8
PROVISIONS TO BE INCORPORATED IN CONSTRUCTION
CONTRACTS
A. "DAVIS-BACON" ACT PROVISION
As stated in 24 CFR Part 85.36:
When required by the Federal grant program legislation, all construGtion contracts in excess of
$2,000 awarded by grantees and sub grantees shall include a provision for compliance with the
Davis-Bacon Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29
CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and
mechanics at a rate not less than the minimum wages specified in a wage determination made
by the Secretary of Labor. The grantee shall place a copy of the current prevailing wage
determination issued by the Department of Labor for this solicitation and the award of the
contract shall be conditioned upon the acceptance of the attached wage determination.
Further, the provision listed below must be included in each set of bid documents and
incorporated in each contract, subcontract, and any lower-tier subcontract:
"The contractor hereby agrees that it will abide by the requirements of the Federal Labor
Standards Provisions issued by the United States Department of Housing and Urban
Development and described in Form HUD-4010 and those requirements contained in iNage
General Decision Number FL 150221 Mod 1, 01/09/2015 -FL221 -Highway or this
project."
E. TERMINATION PROVISION & LEGAL REMEDIES
As stated in 24 CFR Part 85.36
All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee
including the manner which it will be affected and the basis for settlement. In addition, such
contracts shall describe conditions under which the contract may be terminated for default as
well as conditions where the contract may be terminated because of circumstances beyond the
control of the contractor.
Contracts other than small purchases shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate.
Provisions for termination are as follows:
1. Termination at Will
This contract, in whole or in part, may be terminated by the Principal Contractor/Owner
upon no less than ten (10) working days' notice when the Principal Contractor/Owner
determines that it would be in the best interest of the Principal Contractor/Owner and
the Public Housing and Community Development (PHCD), Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery.
Page 1 of 3
7 ~ PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
Miaml~Dade County PHOn
Page 9
Initials
2. Termination for Convenience
The Principal Contractor/Owner may terminate this contract, in whole part, when both
parties agree that the continuation of the activities would not produce beneficial results
commensurate with the further expenditure of funds. Both parties shall agree upon the
termination conditions. The Principal Contractor/Owner, at its sole discretion, reserves
the right to terminate this contract without cause upon thirty (30) days written notice.
Upon receipt of such notice, the Contractor shall not incur any additional costs under
this contract. The Principal Contractor/Owner shall be liable only for reasonable costs
incurred by the Contractor prior to notice of termination. The Principal Contractor/Owner
shall be the sole judge of "reasonable costs."
3. Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations, or should
funds to finance this contract become unavailable, the Principal Contractor/Owner may
terminate this contract upon no less than twenty-four (24) hours written notification to
the Contractor. Said notice shall be delivered by certified mail, retum receipt requested,
or in person with proof of delivery. The Principal Contractor/Owner shall be the final
authority to determine whether or not funds are available. The Principal
Contractor/Owner may at its discretion terminate, renegotiate and/or adjust the contract
award whichever is in the best Interest of the Principal Contractor/Owner.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Principal
Contractor/Owner through Board of County Commissioners' action, the Principal
Contractor/Owner may, at its discretion, request in writing from the Director of PHCD a
release from its contractual obligations to the County. The Director of PHCD will review
the effect of the request on the community and the County prior to making a final
determination.
5. Termination for Breach
The Principal Contractor/Owner may terminate this contract, in whole or in part, when
the Principal Contractor/Owner determines, in its sole and absolute discretion that the
Contractor is not making sufficient progress thereby endangering ultimate contract
performance, or is not materially complying with any term or provision of this contract.
Unless the Contractor's breach is waived by the Principal Contractor/Owner in writing,
the Principal Contractor/Owner may, by written notice to the Contractor, terminate this
contract upon no less than twenty-four (24) hours' notice. Said notice shall be delivered
by certified mail, return receipt requested, or in person with proof of delivery.
Waiver of breach of any provision of this contract shall not be deemed to be a waiver of
any other breach and shall not be construed to be a modification of the terms of this
contract. The provisions herein do not limit the Principal Contractor's/Owner's right to
legal or equitable remedies.
Page 2 of3
7 w PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
Page 10
MIamI-Dade County PHCD
6. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami-Dade County, Section 2-8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material misstatement, shall have its
contract with the County terminated, whenever practicable, as determined by the
County. The County may terminate or cancel any other contracts which such individual
or other subcontracted entity has with the County. Such individual or entity shall be
responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. The foregoing notwithstanding, any individual or
entity who attempts to meet it contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County contracting
for up to five (5) years.
7. Payment Settlement
If termination occurs, the Contractor will be paid for allowable costs incurred in carrying
out activities required by this contract up to the date and time of termination.
F. ACCESS TO RECORDS AND RECORD RETENTION PROVISION
All official project records and documents must be maintained during the operation of this
project and for a period of three (3) years following close out in compliance with 4 NCAC 19L
Rule .0911, Recordkeeping.
The Miami-Dade Public Housing and Community Development, the U.S. Department of
Housing and Urban Development, and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access to any books, documents, papers
and records of the implementing agency which are pertinent to this contract, for the purpose
of making audits, examinations, excerpts and transcriptions in compliance with the above.
Page:3 0(3
7 -PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
MIamI-Dade County PHCD
Page 11
NONCOLLUSION AFFIDAVIT
STATE OF:
COUNTY OF: ____________________ _
____________________________ , being first duly sworn, deposes and says that:
(1) He/she is ...,--..".,----:--,-:-----,,.---,.----:-=.,..,.-_____ of ______________________ , the Bidder
that has submitted the attached Bid.
(2) Bidder has been fully informed regarding the preparation and contents of the attached Bid
and of all pertinent circumstances regarding such Bid;
(3) Such Bid is genuine and is not a collusion or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the contractor for which the attached Bid has been
submitted or to refrain from bidding in connection with such contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid
price or the Bid price of any other Bidder, or to secure through advantage against the
(Local Public Agency) or any person interested in the
proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
affiant.
(SIGNED) ______ _
Title
Subscribed and sworn to before me this
__ day of , 20 __
My commission expires: _______ _
8 -NONCOLLUSION AFFIDAVIT
Miami-Dade County PHCD
Page 12
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
in excess of $100,000
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any of the funds other than Federal appropriated funds have been Pl'lid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report
. Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients
shall certify and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
By:
Print:
Title:
Date:
Business Address:
9 -CERTIFICATION REGARDING LOBBYING
Miami-Dade County PHCD
Page 13
AFFIRMATIVE ACTION STANDARDS
Contracts covered by the Notice and Specifications shall take affirmative action to insure equal
employment opportunity. Evaluation of contractor's compliance with the affirmative action standards
shall be based on contractor's efforts to achieve maximum results from their actions. The contractor
shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative
action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps,
the efforts required to implement them and the records that should be maintained to document the
contractor's efforts.
1. Contractors must maintain a working environment free of harassment, intimidation, and coercion at
all sites and in all facilities at which the contractor's employees are assigned to work. The
contractor, where possible, must assign 2 or more women to each construction project. The
contractor shall specifically insure that all forepersons, superintendents, and other on-site
supervisory personnel are aware of and carry out the contractor's obligation to maintain such a
working environment, with specific attention to minorities or women working at such sites or in
such facilities.
To Demonstrate Compliance:
Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff
meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to
maintain a working environment free of harassment, intimidation, and coercion and to where
possible, assign two or more women to each construction project. Monitoring of work environment
by EEO officer.
2. Contractors must establish and maintain a current list of minority and women's recruitment
sources, provide written notification to minority and women's recruitment sources and to
community organizations when the contractor or its unions have employment opportunities
available, and maintain a record of the organization's responses.
To Demonstrate Compliance:
Contractors must have a current listing of recruitment sources for minority and women craft
workers. It must have copies of recent letters to community resource groups or agencies
specifying the contractor's employment opportunities and the procedures one should follow when
seeking employment. It must note the responses receive and the results on the bottom or reverse
of the letters or establish a follow-up file for each organization notified.
3. Contractors must maintain a current file of the name, address, and telephone number of each
minority and/or women off-the-street applicant and minority and/or women referred from a union,
recruitment source, or community organization, and of the action that was taken with respect to
each individual. If such individual was sent to the union hiring hall for referral and was not referred
back to the contractor by the union or, if referred, was not employed by the contractor, this shall be
documented in the file with the reason, along with whatever additional actions the contractor may
have taken.
Page 1 of5
10 ~AFFIRMATIVEACTION STANDARDS
M!amiMDade County PHCD
Page 14
To Demonstrate Compliance:
Contractors must have a file of the names, addresses, telephone numbers, and crafts of each
minority and/or woman applicant showing the date of contact and whether or not the person was
hired and (if not) the reason; whether or not the person was sent to a union for referral and what
happened; and follow-up contracts when the contractor was hiring.
4. Contractors must provide immediate written notification to the Director when the union or unions
with which the contractor has a collective bargaining agreement failed to refer to the Contractor a
minority or woman sent by the contractor, or when the contractor has other information that the
union referral process impeded the contractor's efforts to meet its obligations.
To Demonstrate Compliance:
Contractors must have copies of letters sent to verify claim that the union is impeding the
contractor's efforts to comply.
5. Contractors must develop on-the-job training opportunities or participate in training programs for
the area that expressly includes minorities and women, including upgrading programs and
apprenticel'hip and trainee programs relevant to the contractor's employment needs, especially
those programs funded or approved by the Department of Labor. The contractor shall provide
notices of those programs to the sources compiled under Item 2, above.
To Demonstrate Compliance:
Contractors must have records of contributions in cash, equipment supplied or contractor
personnel provided as instructors for approved Bureau of Apprenticeship and Training or
Department of Labor funded training programs and records of the hiring and training of minorities
and women from such programs. Supply copies of letters informing minority and women's
recruitment sources or schools providing these training programs.
6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and
training programs and requesting their help in meeting its EEO obligations; by including it in any
policy manual and collective bargaining agreement; by publicizing it in the company newspaper or
annual report; by specific review of the policy with all management personnel and with all minority
and women employees at least once a year; and by posting the company EEO policy on bulleting
boards accessible to all employees at each location where construction work is performed.
To Demonstrate Compliance:
Contractors must have written EEO policies that include the name and contact information on the
contractor's EEO officer and must (a) include the policy in any company policy manuals; (b) post a
copy of the policy on all company bulletin boards (in the office and on all job sites); (c) put in
records, such as reports or diaries, that each minority and woman employee is aware of the policy
and that it has been discussed with them; (d) record that the policy has been discussed regularly at
staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f)
make copies of letters to unions and training programs requesting their cooperation in helping the
contractor meet its EEO obligations.
Page 2 of5
10 -AFFIRMATIVE ACTION STANDARDS
Mlaml·Dade County PHCD
Page 15
7. Contractors must review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions, including specific review of these
items with on-s~e supervisory personnel such as superintendents and general forepersons prior to
the initiation of work at any job site. Contractors must make and maintain a written record and
maintain it to identify the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
To Demonstrate Compliance:
Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the
time and place of meeting, persons attending, subject matter discussed, and disposition of subject
matter.
8. Contractors must disseminate their EEO policies externally by including it in any advertising in the
news media, specifically including minority and women's policy with other contractors and
subcontractors with whom the contractor does or anticipates doing business.
To Demonstrate Compliance:
Contractors must have copies of (a) letters sent, at least every 6 months or at the start of each new
major contract, to all recruiting sources (including labor unions and training programs) requiring
compliance with the policy; (b) advertisement that has the EEO "tagline" on the bottom; and (c)
letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring
compliance with the policy.
9. Contractors must direct recruitment efforts, both oral and written, to minority, women and
community organizations, to schools with minority and women students, and to minority and
women's recruitment and training organizations serving the contractor's recruitment area and
employment needs. Not later than one (1) month prior to the date for acceptance of applications
for apprenticeship or other training by any recruitment source, the contractor will send written
notification to such organizations, describing the openings, screening procedures, and tests to be
used in the selection process.
To Demonstrate Compliance:
Contractors must have written records of contacts (written communications, telephone calls, or
personal meetings) with minority and women's community organizations and recruitment's
sources, and schools and training organizations, specifying the date(s), individuals contacted,
results of the contact, and any follow-up. It must have copies of letters sent to these organizations
at least one (1) month prior to the acceptance of applications for training (apprenticeship or other)
describing the openings, screening procedures, and tests to be used in the selection process.
10. Contractors must encourage minority and women employees to recruit other minority persons and
women and provide, where reasonable, school, summer and vacation employment to minority and
female youth both on-sile and in other areas of the workforces.
Page 30f5
10 -AFFIRMATIVE ACTION STANDARDS
Mlaml·Dade County PHCD
Page 16
To Demonstrate Compliance:
Contractors must have copies of diaries, telephone logs, or memoranda indicating contacts (written
and oral) with minority and women employees requesting their assistance in recruiting other
minorities and women, and record results. If contractors normally provide after-school, summer,
and vacation employment, it must have copies of letters to organizations under Item 9 describing
those opportunities and must have responses received and results noted on leiters or in a follow-
up file.
11. Contractors must validate all tests and other selection requirements where there is an obligation to
do so under CFR 60-3.
To Demonstrate Compliance:
Contractors must have evidence in the form of correspondence, or certificates that all tests,
interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship
Committee meet the requirements in the OFCCP testing and selection guidelines.
12. Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and
women personnel for promotional opportunities and encourage these employees to seek or to
prepare for such opportunities by appropriate training.
To Demonstrate Compliance:
Contractors must have written records (memo, letters, personnel files, etc.) showing that the
company conducts annual reviews of minority and female personnel for promotional opportunities
and notifies these employees of training opportunities (formal or on-the-job) and encourages their
participation.
13. Contractors must ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect, by continually monitoring all personnel and
employment related activities to insure that the EEO policy and the Contractor's obligations under
these specifications are being carried out.
To Demonstrate Compliance:
Contractors must have evidence (letter, memos, personnel files, reports) that: (a) the activity
under Item 12, above, has been carried out; (b) any collective bargaining agreements have an
EEO clause and the provisions do not operate to exclude minorities and women; (c) the EEO
officer reviews all monthly workforce reports, hiring, terminations, and training provided on the job;
(d) the EEO officer's job description identifies his or her responsibility for monitoring all
employment activities for discriminatory effects; and (e) the contractor has initiated corrective
action whenever the contractor has identified a possible discriminatory effect.
14. Contractors must insure that all facilities and company activities are nonsegregated, except for
providing separate or single-user toilets and necessary changing facilities to assure privacy
between the sexes.
Page 4 of 5
10 -AFFIRMATIVE ACTION STANDARDS
Miami-Dade County PHCD
Page 17
Initials
To Demonstrate Compliance:
Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the
contractors federally involved contract documents into all subcontracts and purchase order; have
records that announcements of parties, picnics, etc. have been posted and have been available to
all employees; have written copies of contracts (written or verbal) with supervisory staff regarding
the provision of adequate toilet and changing facilities to assure privacy between the sexes.
15. Contractors must document and maintain a record of all solicitations of offers for subcontractors
from minority and female construction contractors and suppliers, including circulation of
solicitations to minority and women's contractor associations and other business associations.
To Demonstrate Compliance:
Contractors must have copies of leiters or other direct solicitation of bids for subcontractors or joint
ventures from minority or women contractors with a record of specific responses and any follow-up
the contractor has done to obtain a price quotation or to assist a minority or female contractor in
preparing or reducing a price quotation; have a list of all minority or female subcontracts awarded
or joint ventures participated in with dollar amounts; have copies of solicitations sent to minority
and women's contractor associations or other business associations.
16. Contractors must conduct a review, at least annually, of all supervisors' adherence to and
performance under the contractor's EEO policies and affirmative action obligations.
To Demonstrate Compliance:
Contractors must have copies of memos, letiers, reports, minutes of meeting, or interviews with
supervisors regarding their employment practices as they relate to the contractor's EEO policy and
affirmative action obligations, and written evidence that supervisors were notified when their
employment practices adversely or positively impacted on the contractor's EEO and affirmative
action posture.
Page 50f5
10 -AFFIRMATIVE ACTION STANDARDS
Miami-Dade County PHeO
Page 18
CERTIFICATION OF COMPLIANCE WITH PART 60-2
AFFIRMATIVE ACTION PROGRAMS
The bidder represents that he has ( ) has not ( ), participated in a previous contract or
subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246;
that he has ( ) has not ( ) developed a written affirmative action compliance program for
each of his establishments; that he has ( ) has not ( ), filed with the Joint Reporting
Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal
Employment Opportunity Commission (EEOC) all reports due under the applicable filing
requirements; and that representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained prior to contract and/or
subcontract award.
NOTE
The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001
Agency Name:
Full Address (including City, ST and Zip)
Authorized Signature:
Print Name:
Check one, as applicable:
__ Contractor
__ Subcontractor
Other
Employer 10 #/FIO #:
Title:
11 • CERTIFICATION OF COMPLIANCE WITH PART 60-2
AFFIRMATIVE ACTION PROGRAMS
Mlami~DadEl County PHCD
Page 19
OTHER REQUIRED CERTIFICATIONS
A. EQUAL EMPLOYMENT OPPORTUNITY
Bidder, by submission of this quotation represents:
The undersigned has _, has not _, participated in a previous contract or subcontract
subject to the Equal Opportunity clause herein or the clause originally contained in Section
301 of Executive Order No.1 0925, or the clause contained in Section 201 of Executive Order
No. 11114; that it has _, has not _ filed all required compliance reports; and that
representations indicating submission of the required compliance reports, signed by
proposed subcontractors, will be obtained prior to subcontract awards. (The above
representation need not be submitted in connection with contracts or subcontracts which are
exempt from the clause.)
B. AFFIRMATIVE ACTION
The bidder represents that (a) it has _ developed and has on file, has not __ developed
and does not have on file, at each establishment an affirmative action program as required by
the rules and regulation of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not_
previously had contracts subject to written affirmative action program requirements of the rules
and regulations of the Secretary of Labor.
C. AMERICANS WITH DISABILITIES ACT
The contractor represents and certifies the following as part of its offer:
By submission of an offer, the bidder certifies that it complies with the American with
Disabilities Act, 42 U.S.C., and 12101 et. seq., and will maintain compliance throughout the life
of the Contract. By commencing performance of the Contract work, the selected contractor
certifies to the American with Disabilities Act compliance.
D. COPELAND ANTI-KICKBACK
By submission of a bid, the bidder certifies that it has read and complies with the General
Provision entitled "Anti-Kickback Procedures" as stated in 24 CFR part 85.36 as follows:
All contracts and subcontracts for construction or repair shall include a provision for compliance
with the Copeland 'Anti-Kickback" Act (18 USC 874) as supplemented in Department of
Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be
prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he is otherwise
entitled.
By submission of this bid, the bidder attests that neither it nor any of its employees has
performed or participated in any prohibited actions, as defined in this provision.
Page 1 of3
12" OTHER CERTIFICATIONS
Miaml-Oade County PHCD
Page 20
E. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
This certification applies to those contractors who apply for award of bid of $100,000 or
more:
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds
to any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the. recipient.
F. FULL DISCLOSURE BY THE CONTRACTOR/BIDDER. REGARDING
WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR
PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT. STATE
OF FLORIDA OR MIAMI-DADE COUNTY AT TIME OF AWARD.
This certification applies to a contract or subcontract in excess of $25,000
By submission of an offer, the bidder certifies that it has provided full disclosure in writing to
_::-:----:--:--:-:-_-;:-_---;---;-(name of implementing agency) whether as of the
anticipated time of award of any contract resulting from this solicitation; it anticipates
that it or its prinCipals will be debarred, or proposed for debarment by the Federal
Government, State of Florida, or Miami-Dade County.
By commencing performance of the Contract work, the selected contractor certifies that it
has made full disclosure in writing to (name of implementing
agency) as to whether as of the time of award it or any of its principals is debarred,
suspended, or proposed for debarment by the Federal Government, State of Florida, or
Miami-Dade.County.
G. NONDISCRIMINATION CLAUSE
Section 109. Housing and Community Development Act of 1974
No person in the United States shall on the ground of race, color, national origin or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or in part with funds available under Section 109,
Housing and Community Development Act of 1974.
Page2of3
12 -OTHER CERTIFICATIONS
Miami-Dade County PHCD
Page 21
H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED
Non-discrimination on the Basis of Age
No qualified person shall on the basis of age be excluded from participation in, be denied the
benefits of, or otherwise be sUbjected to discrimination under any program or activity which
receives or benefits from Federal assistance.
I. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
Non-discrimination on the Basis of Handicap
No qualified handicapped person shall, on the basis of handicap be excluded from participation in,
be denied the benefits of, or otherwise be subjected to discrimination under any program or activity
which receives or benefits from Federal assistance.
Agency Name:
,--I ___ ---'I
Full Address (including City, ST and Zip)
Authorized Signature:
Print Name:
Check one, as applicable:
__ Contractor
__ Subcontractor
Other
Page3of3
12" OTHER CERTIFICATIONS
Mlaml"Dade County PHCD
Page 22
Employer 10 #/FIO #:
.
Title:
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part
67, subpart F, for grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug-free workplace
by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees
about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five
calendar days after such conviction;
(e) Notifying the agency in writing, within 10 calendar days after receiving notice
under subparagraph (d)(2) from an employee or otherwise receiving actual
notice of such conviction
(f) Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph (d)(2), with respect to any employee who is so
convicted
page1of2
13 -CERTIFICATION REGARDING DRUG-FREE WORKPLACE
Page 23
Mlaml~Dade County PHCD
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
B. The Grantee may insert in the space provided below the site(s) for the performance
of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check 0 if there are workplaces on file that are not identified here.
Agency Name:
Full Address (including City, ST and Zip)
Authorized Signature:
Print Name:
Check one, as applicable:
__ Contractor
__ Subcontractor
Other
Page 2 of 2
Employer ID #/FID #:
Title:
I
13 -CERTIFICATION REGARDING DRUG-FREE WORKPLACE
Page 24
Mlaml~Dade County PH CD
ASSURANCE OF COMPLIANCE (Section 3. HUD ACT of 1968)
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS
A. The project assisted under this (contract) (agreement) is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C.
170U. Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and contracts for work in
connection with the project be awarded to business concerns which are located in or owned
in substantial part by persons residing in the area of the project.
B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient)
shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by
the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October
23, 1973), and ali applicable rules and orders of the Secretary issued there under prior to the
execution of this (contract) (agreement). The requirements of said regulations include but
are not limited to development and implementation of an affirmative action plan for utilizing
business concerns located within or owned in substantial part by persons residing in the area
of the project; the making of a good faith effort, as defined by the regulation, to provide
tr<lining, employment and business opportunities required by Section 3; and incorporation of
the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for
work in connection with the project. The (applicant) (reCipient) certifies and agrees that it is
under no contractual or other disability which would prevent it from complying with these
requirements.
C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and
all applicable rules and orders of the Secretary issued there under prior to approval by the
Government of the application for this (contract) (agreement), shall be a condition of the
Federal financial assistance provided to the project, binding upon the (applicant) (recipient),
its successors and assigns. Failure to fulfill these requirements shall subject the (applicant)
(recipient), its contractors and subcontractors, its successors, and assigns to the sanctions
specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR
Section 135
APPLICANT: ______________ _
SIGNATURE: __________ _
ADDRESS:
DATE:
14 ~ ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968)
Mlami~Dade County PHOD
Page 25
SECTION 3 REQUIREMENTS
I. ASSURANCE STATEMENT
Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall
sign the attached Section 3 Assurance of Compliance.
II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES
Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant
to a Section 3 covered contract shall develop and implement an affirmative action plan, which
shall:
a. Set forth the approximated number and dollar value of all contracts proposed to be
awarded to all businesses within each category (type or profession) over the duration of
the Section 3 covered project.
b. Analyze the information set forth in paragraph (a) and the availability of eligible
business concems within the project area doing business in professions or occupations
identified as needed in paragraph (a) and set forth a goal or target number and
estimated dollar amount of contracts to be awarded to the eligible businesses and
entrepreneurs within each category over the duration of the Section 3 covered project.
c. Outline the anticipated program to be used to achieve the goals for each business
and/or professional category identified. This program should include but not be limited
to the following actions:
i. Insertion in the bid documents, if any, of the affirmative action plan of the
applicant, recipient, contractor, or subcontractor letting the contract; and
ii. Identification within the bid documents, if any, of the applicable Section 3 project
area.
iii. Ensuring that the appropriate business concerns are notified of pending
contractual opportunities either personally or through locally utilized media.
III. BIDDING AND NEGOTIATION REQUIREMENTS
Every applicant and recipient shall require prospective contractors for work in connection with
Section 3 covered projects to provide, prior to the signing of the contract. a preliminary
statement of work force needs (skilled, semi-skilled, unskilled labor and trainees by category)
where known; where not known, such information shall be supplied prior to the Signed of any
contract between contractors and their subcontractors. Consideration should be given to those
contractors who will have training and employment opportunities for project area residents.
When a bidding procedure is used to let the. contract, the invitation or solicitation for bids shall
advise prospective contractors of the requirements of these regulations.
Page1of2
15 ~ SECTION 3 REQUIREMENTS
Miami-Dade County PHCD
Page 26
Applicant. recipient and contractors should insert plan for utilization of project area business in
the bid documents, The recipient must have indicated therein that Section 3 applies to the
project and what is expected of them, All contractors who bid a job just show in their bid what
they will do to implement Section 3. They must in this bid commit themselves to a goal and
show what they intend to do to reach that goal. When the bids are opened, they must be
evaluated in terms of the bidder's responsiveness to Section 3, A bid which lacks a
commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged
nonresponsive.
Applicants, recipients and contractors will ensure that the attached Section 3 Clause and
Assurance of Compliance are made a part of all contracts,
In implementing its affirmative action plan, each applicant, recipient, contractor, or
subcontractor shall make a good faith effort to achieve its goal or target number and estimated
dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within
each category over the duration of the Section 3 covered project.
IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES
Each applicant, recipient, contractor or subcontractor undertaking work in connection with a
Section 3 covered project shall make a good faith effort to fill all vacant training and
occupational category positions with lower income project area residents.
For further information or if you have any questions regarding Section 3, please contact:
Jesus Hernandez, Resident Services Coordinator
Public Housing and Community Development
701 NW 1 at Court, 16th Floor
Miami, Florida 33136
Office: 786-469-2131
Email: Section3@miamidade.gov
Page 2 of2
15· SECTION 3 REQUIREMENTS
Miaml·Dade County PH CD
Page 27
SECTION 3 CLAUSE
A. The work to be performed under this contract is subject to the requirements of section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170lu
(section 3). The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance of HUD-assisted projects covered by
section 3, shall, to the greatest extent feasible, be directed to low-and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties
to this contract certify that they are under no contractual or other impediment that would
prevent them from.complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other understanding,
if any, a notice adVising the labor organization or workers' representative of the
contractor's commitments under this section 3 clause, and will post copies of the notice
in conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,
as provic;led in an applicable provision of the subcontract or in this section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 CFR part
135. The contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to circumvent
the contractor's obligations under CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
16 ~ SECTION 3 CLAUSE
Miami-Dade County PHCD
Page 28
BIDDER'S INITIAL SECTION 3 GOALS
1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of
1968, as amended.
2. The Bidder estimates that there will be new employees hired during the performance
of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to
delineate work force needs (skilled, semiskilled, unskilled, labor, and trainees) by category.
3. Of these new employees, the Bidder plans to hire at least __ percent (%) from the Section 3
Covered Area (Dade County, Florida).
4. The Bidder estimates that percent (%) of those materials purchased for use on this
project will be from business located in the Seclion 3 Covered Area (Dade County, Florida)
I, (please print), as an authorized Officer of the Bidder, do
hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban
Development Act of 1968, as amended, and will abide by them. We further agree to abide by this
Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the
contract, it becomes subject to monitoring for compliance with this plan by Miami-Dade County Public
Housing and Community Development.
Agency Name:
Full Address (including City, ST and Zip)
Authorized Signature:
Print Name:
1'---____ ---'
Check one, as applicable:
___ Contractor
__ Subcontractor
Other
Employer 10 #/FIO #:
Title:
17 R BIDDER'S INITIAL. SECTION 3 GOALS
Miami-Dade County PHCD
Page 29
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION -LOWER TIER COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is
providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined
that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the
person to whom this proposal is submitted if at anytime the prospective lower tier
participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal
and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that
it will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transaction, without
modification, in all lower tier covered transactions.
Page 1 of3
18 • CERTIFICATION REGARDING DEBARMENT, SUSPENSION. INELIGIBILTY AND VOLUNTARY EXCLUSION· LOWER TIERED COVERED
TRANSACTIONS
Mlaml~Dade County PHCO
Page 30
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered tran~action that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals.
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of
business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transactions in addition, to other remedies
available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or
debarment.
Page2of3
18 ~ CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION -LOWER TIERED COVERED
TRANSACTIONS
Miami-Dade County PHCD
Page 31
CERTIFICATION
REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER TRANSACTIONS
By submission of the proposal, the prospective lower tier participant certifies, that:
1. Neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction, by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
I
Agency Name:
I I
Emploler 10 #/FIO #:
I
Full Address (including City, ST and Zip)
Authorized Signature:
Print Name: Title:
I I I I
Check one, as applicable:
Contractor
Subcontractor
Other --
Page 3 of3
CERTIFICATION REGARDING DEBARMENT. SUSPENSION. INELIGIBIL TV AND VOLUNTARY EXCLUSION" LOWER TIERED COVERED TRANSACTIONS
Mlami~Dade County PHCD
Page 32
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246
I n carrying out the contract, the contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor shall take
affirmative action to insure that applicants for employment are employed, and that employees are
treated during employment, without regard to their race, color religion, sex, or national origin. Such
action shall include, but not limited to, advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The contractor shall post in
conspicuous places, available to employees and applicants for employment, notices to be provided by
the Government setting for the provisions of the nondiscrimination clause. The contractor shall state
that all qualified candidates will receive consideration for employment without regard to race, color,
religion, sex, or national origin. .
Agency Name:
Full Address (including City, ST and Zip)
Authorized Signature:
Print Name:
Check one, as applicable:
__ Contractor
__ Subcontractor
Other
Employer 10 #/FID #:
Title:
19 ~ EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246
MiamI-Dade County PH CD
Page 33
EQUAL OPPORTUNITY
FOR SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
1) The contractor will not discriminate against any employee or applicant for employment because
he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which
the employee or applicant for employment is qualified. The contractor agrees to take
affirmative action to employ, advance in employment and otherwise treat qualified individuals
without discrimination based on their status as a special disa.bled veteran or veteran of the
Vietnam era in all employment practices, including the following:
i. recruitment, advertising, and job application procedures;
ii. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff and rehiring;
iii. rates of payor any other form of compensation and changes in compensation;
iv. job assignments, job classifications, organizational structures, position descriptions,
lines of progression, and seniority lists;
v. leaves of absence, sick leave, or any other leave;
vi. fringe benefits available by virtue of employment, whether or not administered by
the contractor;
vii. selection and financial support for training, including apprenticeship, and on-the-job
training under 38 U.S.C. 3687, professional meeting, conferences, and other related
activities, and selection for leaves of absence to pursue training;
viii. activities sponsored by the contractor including social or recreational programs; and
ix. any other term, condition, or privilege of employment.
2) The contractor agrees to immediately list all employment openings which exist at the time of
the execution of this contract, including those not generated by this contract and including
those occurring at an establishment of the contractor other that the one wherein the contract is
being performed, but excluding those of independently operated corporate affiliates, at an
appropriate local employment service office of the state employment security agency wherein
the opening occurs. Listing employment openings with the U.S. Department of Labor's
America's Job Bank shall satisfy the requirement to list jobs with the local employment service
office.
3) Listing of employment openings with the employrnent service office pursuant to this clause
shall be made at least concurrently with the use of any other recruitment source or effort and
shall involve the normal obligations which attach to the placing of a bona fide job order,
including the acceptance of referrals of veterans and non-veterans. The listing of employment
openings does not require the hiring of any particular job applicants or from any particular
group of job applicants, and nothing herein is intended to relieve the contractor from any
requirements in Executive orders or regulations regarding nondiscrimination in employment.
Page 1 of3
20 -EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
Miami-Dade County PHCD
Page 34
4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2
and 3 of this clause, it shall advise the employment service agency in each State where it has
establishments of the name and location of each hiring location in the state: Provided, that this
requirement shall not apply to state and local governmental contractors. As long as the
Contractor is contractually bound to these provisions and has so advised that state agency,
there is no need to advise the state agency of subsequent contracts. The Contractor may
advise the state agency when it is no longer bound by this contract clause.
5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment
openings which occur and are filed outside of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam and the Virgin Islands.
6) As used in this clause:
i. All employment openings includes all positions except executive and top management,
those pOSitions that will be filled from within the contractor's organization, and positions
lasting three days or less. This term includes full-time employment, temporary employment
of more that three days' duration, and part time employment.
ii. Executive and top management means any employee: (a) whose primary duty consists of
the management of the enterprise in which he or she is employed or of a customarily
recognized department of subdivision thereof; and (b) who customarily and regularly directs
the work of two or more other employees therein; and (c) who has the authority to hire or
fire other employees or whose suggestions and recommendations as to the hiring or firing
and as to the advancement and promotion or any other change of status of other
employees will be given particular weight; and (d) who customarily and regularly exercises
discretionary powers; and (e) who does not devote more than 20 percent, or, in the case of
an employee or a retail or service establishment who does not devote as much as 40
percent, of his or her hours of work in the work week to activities which are not directly and
closely related to the performance of the work described in (a) through (d) of this paragraph
6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the case of an employee
who is in sole charge of an independent branch establishment, or who owns at least a 20-
percent interest in the enterprise in which he .or she is employed.
iii. Positions that will be filled from within the contractor's organization means employment
openings for which no consideration will be given to persons outside the contractor's
organization (including any affiliates, subsidiaries, and parent companies) and includes any
openings which the contractor proposes to fill from regularly established "recall" lists. The
exception does not apply to a particular opening once an employer decides to consider
applicants outside of his or her own organization.
7) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
8) In the event of the Contractor's non-compliance with the requirements of this clause, actions for
non-compliance may be taken in accordance with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
Page 2 of3
20 ~ EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND V~TERANS OF THE VIETNAM ERA
Mlaml--Dade County PHCD
Page 35
9) The Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for
Federal Contract Compliance Programs, Director, provided by or through the contracting
officer. Such notice shall state the rights of applicants and employees as well as the
contractor's obligation under the law to take affirmative action to employ and advance in
employment qualified employees and applicants who are special disabled veterans or
veterans of the Vietnam era. The contractor must ensure that applicants or employees who
are special disabled veterans are informed of the contents of the notice (e.g., the contractor
may have the notice read to a visually disabled individual, or may lower the posted notice so
that it might be read by a person in a wheelchair).
10) The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the contractor is bound
by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended,
and is committed to take affirmative action to employ and advance in employment qualified
special disabled veterans and veterans of the Vietnam era.
11) The Contractor will include the provisions of this clause in every subcontract or purchase order
of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued
pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or purchase order as the
Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce
such provisions, including action for non-compliance.
Agency Name:
Full Address (including City, ST and Zip)
Authorized Signature:
Print Name:
Check one, as applicable:
__ Contractor
__ Subcontractor
other
Page 3 013
Employer 10 #/FIO #:
Title:
20" EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
Miami-Dade County PHCD
Page 36
EQUAL OPPORTUNITY
FOR WORKERS WITH DISABILITIESS
1) The contractor will not discriminate against any employee or applicant for employment
because he or she is a physical or mental disability in regard to any position for which
the employee or applicant for employment is qualified. The contractor agrees to take
affirmative action to employ, advance in employment and otherwise treat qualified
individuals with disabilities without discrimination based on their physical or mental
disability in all employment practices, including the following:
x. Recruitment, advertising, and job application procedures;
xi. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff and rehiring;
xii. Rates of payor any other form of compensation and changes in
compensation;
xiii. Job assignments, job classifications, organizational structures, position
descriptions, lines of progression, and seniority lists;
xiv. Leaves of absence, sick leave, or any other leave;
xv. Fringe benefits available by virtue of employment, whether or not
administered by the contractor;
xvi. Selection and financial support for training, including apprenticeship,
professional meetings, conferences, and other related activities, and
selection for leaves of absence to pursue training;
xvii. Activities sponsored by the contractor including social or recreational
programs; and
xviii. Any other term, condition, or privilege of employment.
2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
3) In the event of the Contractor's non-compliance with the requirements of this clause,
actions for non-compliance may be taken in accordance with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.
4) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Deputy Assistance
Secretary for Federal Contract Compliance Programs, provided by or through the
contracting officer. Such notice shall state the rights of applicants and employees as
well as the contractor's obligation under the law to take affirmative action to employ
and advance in employment qualified employees and applicants with disabilities. The
contractor must ensure that applicants or employees with disabilities are informed of
the contents of the notice (e.g., the contractor may have the notice read to a visually
disabled individual, or may lower the posted notice so that it might be read by a person
in a wheelchair).
Page 1 of2
21 . EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
Miami-Dade County PHCD
Page 37
5) The Contractor will notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the
contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, as
amended, and is committed to take affirmative action to employ and advance in
employment individuals with physical or mental disabilities.
6) The Contractor will include the provisions of this clause in every subcontract or
purchase order in excess of $10,000, unless exempted by rules, regulations, or orders
of the Secretary issued pursuant to Section 503 of the Act, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the Deputy
Assistance Secretary for Federal Contract Compliance Programs may direct to enforce
such provisions, including action for non-compliance
Agency Name:
Full Address (including City, ST and Zip)
Authorized Signature:
Print Name:
Check one, as applicable:
__ Contractor
__ Subcontractor
Other
Page 2 of2
Employer 10 #/FID #:
Title:
21 " EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
Miami-Dade County PHCD
Page 38
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
60-4.2 (d) THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause"
and the "Standard Federal Equal Employment Opportunity Construction
Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in
percentage terms for the Contractor's aggregate workforce in all trades on all
construction work in the covered area, are as follows:
A. GOALS FOR MINORITY UTILIZATION, All Trades:
Area Covered: Dade County, Florida
Goals and Timetables *
Timetable Trade Goal
Until Further Notice All 39.5%
B. GOALS FOR FEMALE UTILIZATION, All Trades:
Area Covered: Goals for Women apply nationwide.
Goals and Timetables'
Timetable Trade Goal
Until Further Notice All 6.9%
THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK
CONTRACTORS (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED)
PERFORMED IN THE COVERED AREA.
Page 1 of10
22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 10 ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Mlaml·Dade County PHCD
Page 39
Inilials
The Contractor's compliance with the Executive Order and the regulations in 41
CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, specific affirmative action obligations required by the specifications set
forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the
geographical area where the contract resulting from this solicitation is to be
performed. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract, and in each trade,
and the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female
employees or trainees from Contractor to Contractor or from project to project
for the sole purpose of meeting the Contractor's goals shall be a violation of the
contract, the Executive Order and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours
performed.
3. The Contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs within 10 working days of award of any
construction subcontract in excess of $10,000, at any tier for construction work
under the contract resulting from this solicitation. The notification shall list the
name, address and telephone number of the subcontractor, employer
identification number, estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in
which the contract is to be performed.
4. As used in this Notice, and in the contract resulting from this solicitation, the
"covered area" is Miami-Dade County, Florida (insert description of the
geographical areas where the contract is to be performed giving the state,
county and city, if any).
60-4.3 (a) EQUAL OPPORTUNITY CLAUSE
During the performances of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex', or national origin. The
Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this Equal Opportunity Clause.
Page2of10
22" NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami-Dade County PHCD
Page 40
2. The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.
3. The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the labor union or workers'
representative of the Contractor's commitments under this Equal Opportunity
clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of
the Secretary of Labor or pursuant thereto, and will permit access to his books,
records and accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders, this
Contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the statement preceding subparagraph (1) and the
provisions of subparagraph (1) through (7) in every subcontract or purchases
order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase
order as HUD many direct as a means of enforcing such provisions including
sanctions for noncompliance; provided, however, that in the event the
Contractor becomes involved in or is threatened with litigation with a
subcontractor or vendor as a result of such direction by HUD, the Contractor
may request the United States to enter into such litigation to protect the United
States.
Page 3 of 10
22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami-Dade County PHCD
Page 41
Initials
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
1.As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation
from which this contract resulted.
b. "Director" means Director, Office of Federal Contract Compliance
Programs, United States Department of Labor, or any person to whom
the Director delegates authority.
c. "Employer Identification humber" meansthEi Federal Social Security
number used on the Employer's Quarterly Federal Tax Return, U.S.
Treasury Department Form 941.
d. "Minority" includes:
-Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin).
-Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish Culture or origin regardless of race).
-Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian SUbcontinent,
or the Pacific Islands); and
-American Indian or Alaskan Native (all persons having origins in any of
the original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include in
each subcontract in excess of $10,000, the provisions of these specifications
and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract
resulted.
Page 4 of 10
22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami-Dade County PHCD
Page 42
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the Plan area (including goals and timetables) shall be in accordance
with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to
comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered
Contractor or Subcontractor's failure to take good faith efforts to achieve the
Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards
provided in paragraphs 7a through 7p of these specifications. The goals set
forth in the solicitation from which this contract resulted are expressed as
percentages of the total hours of employment and training of minority and
female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. The
Contractor is expected to make substantially uniform progress toward its goals
in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by
a union with whom the Contractor has a collective bargaining agreement, to
refer either minorities or women shall excuse the Contractor's obligations under
these specifications, Executive Order 11240, nor the regulations promulgated
pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be
counted in meeting the goals, the Contractor must employ such apprentices and
trainees during the training period, and the Contractor must have a commitment
to employ the apprentices and trainees at the completion of their training,
subject to the availability of employment opportunities. Trainees must be trained
in training programs approved by U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the Contractor's compliance with
these specifications shall be based upon its effort to achieve maximum results
from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensive as the following:
Page 5 of 10
22 ~ NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami-Dade County PHCD
Page 43
·
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
Contractor's employees are assigned to work. The Contractor, where
possible, will assign two or more women to each construction project.
The Contractor shall specifically ensure that all foremen, superintendents,
and ocher on-site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individual working at such sites or
in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment
sources and to community organizations when the Contractor or its
unions have employment opportunities available, and maintain a record
of the organizations' responses.
c. Maintain a current file of the names, addresses and telephone numbers
of each minority and female off-the-street applicant and minority or
female referral from a union, a recruitment source of community
organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral
and was not referred back to the Contractor by the union, if referred, not
employed by the Contractor, this shall be documented in the file with the
reason therefore, along with whatever additional actions the Contractor
may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the Contractor has a collective bargaining agreement
has not referred to the Contractor a minority person or woman sent by the
Contractor, or when the Contractor has other information that the union
referral process has impeded the Contractor's efforts to meet its
obligations.
e. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee programs
relevant to the Contractor's employment needs, especially those
programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources
complied under (7) b above.
Page a of 10
22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami-Dade County PHCD
Page 44
f. Disseminate the Contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in
assisting the Contractor in meeting its EEO obligations; by including it in
any policy manual and collective bargaining agreement; by publicizing it
in the company newspaper, annual report, etc.; by specific review of the
policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where
construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees having
any responsibility for hiring, assignment, layoff, termination or other
employment decisions including specific review of these items with onsite
supervisory personnel such as Superintendents, General Foremen, etc.,
prior to the initiation of construction work at any job site. A written record
shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of
the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
Contractor's EEO policy with other Contractors and Subcontractors with
whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and
community organizations, to schools with minority and female students
and to minority and female recruitment and training organizations serving
the Contractor's recruitment area and employment needs. Not later than
one month prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, the Contractor
shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in
the selection process.
j. Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summer and vacation employment to minority and female youth
both on the site and in other areas of a Contractor's workforce.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
Page7of10
22 ~ NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami-Dade County PHCD
Page 45
I. Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and
other personnel practices, do not have a discriminatory effect by
continually monitoring all personnel and employment related activities to
ensure that the EEO policy and the Contractor's obligations under these
specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated
except that separate or single-user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of. all solicitations or offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations that assist in
fulfilling one or more of their affirmative action obligations (7) a. through (7) p.
The efforts of a contractor association, joint contractor-union, contractor-
community, or other similar group of which the contractor is a member and
participant, may be asserted as fulfilling anyone or more of its obligations under
(7) a. through (7) p. of these Specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the
Contractor's minority and female workforce participation, makes a good faith
effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf
of the Contractor. The obligation to comply, however, is the Contractor's and
failure of such a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
Page 8of10
22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
MiamI-Dade County PHCD
Page 46
InItials
9. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide eq~al employment
opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non-minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is
employed in a substantially disparate manner (for example, even though the
Contractor has achieved its goals for women generally, the Contractor may be in
violation of the Executive Order if a specific minority group of women is
underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion,
sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension,
termination and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any
Contractor who fails to carry out such sanctions and penalties shall be in
violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall
implement specific affinmative action steps, at least as extensive as those
standards prescribed in paragraph (7) of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to
submit reports relating to the provisions hereof· as may be required by the
Government and to keep records. Records shall at least include for each
employee the name, address, telephone numbers, construction trade, union
affiliation if any, employee identification number when assigned, social security
number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records
shall be maintained in an easily understandable and retrievable form; however,
to the degree that existing records satiSfy this requirement, contractors shall not
be required to maintain separate records.
Page 9 of 10
22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami-Dade County PHCD
Page 47
15. Nothing herein provided shall be construed as a limitation upon the application
of other laws that establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
these under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
Page 10 of 10
22 ~ NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Mlaml~Dade County PHCD
Page 48
Initials
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246
.
The applicant hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds
obtained from the Federal Government or borrowed on the credit of the Federal
Governrnent pursuant to a grant, contract, loan insurance, or guarantee, or undertaken
pursuant to any federal program involving such grant, contract, loan, insurance, or
guarantee, the following equal employment opportunity clauses:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment without regard to their race, color, religion, sex or national
origin; such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous place,
available to employee and applicants for employment, notices to be provided setting
forth the provision of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex or national origin.
3. The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement to other contract or understanding, a notice to
be provided advising the said labor union or worker's· representatives of the
contractor's commitments under section .202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules regulations, and relevant orders of the Secretary of Labor.
Page 1 of2
23 ~ EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246
Miami-Dade County PHOD
Page 49
5. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the contractor's noncompliance with the non-discrimination clauses of
this contract or with any of such rules, regulations, or orders, the contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
7. The contractor will include the portion of the sentence immediately preceding
paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or
purchase order unless exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontractor or purchase order as
the contracting agency may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however, that in the event the contract
becomes involved in, or threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
By:
Print:
Title:
Date:
Business Address:
Page2of2
23" EQUAL EMPLOYMI:NT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246
Mlaml~Dade County PHCD
Page 50
CERTIFICATION OF NONSEGREGATED FACILITIES
1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas,
rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation
or entertainment areas, transportation, and housing facilities provided for employees,
that are segregated by explicit directive or are in fact segregated on the basis of race,
color, religion, or national origin, because of habit, local custom, or otherwise.
2 .. By the submission of an offer, the bidder certifies that it does not and will not maintain
or provide for its employees any segregated facilities at any of its establishment, and
that it does not and will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. The bidder
agrees that a breach of this certification is a violation of the Equal Opportunity clause of
the contract.
3. By submission of the bid, the bidder further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific time periods) it will:
a. Obtain identical certifications from proposed subcontractors before the award of
subcontra.cts under which the subcontractor will be subject to the Equal
Opportunity clause;
b. Retain such certifications in its files; and
c. Forward this certification and the attached NOTICE TO PROSPECTIVE
SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF
NONSEGREGATED FACILITIES to proposed subcontractors.
d. By commencing performance of the Contract work, the selected contractor
certifies to the Nonsegregated Facilities provisions above.
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C.
1001
By: ____________________________ __
Print: ___________________ _
Title:
Date:
Business Address:
Page 51
24 -CERTIFICATION OF NONS~~~EGATED FACILITIES
Miami-Dade Coun PHCD
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATION OF NON SEGREGATED FACILITIES
A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R.
7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must
be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from
the provisions of the Equal Opportunity Clause. The certification may, be submitted either for
each subcontract or for all subcontracts during a period (Le., quarterly, semiannually,
annually).
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001
I
Agenc~ Name:
I I
Em~lo~er 10 #/FIO #:
I
Full Address (including City, ST and Zip)
Authorized Signature:
Print Name: Title:
I I I I
Check one, as applicable:
Contractor
Subcontractor
Other --
25 -NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES
Miami-Dade County PHCD
Page 52
NOTICE OF REQUIREMENT
CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738
AND EPA REGULATIONS PROVISION
This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et
seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the
Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to
time.
The Contractor and any of its subcontractors for work funded under this Agreement which is in excess
of $100,000, agree to the following requirements:
1. Any facility to be utilized in the performance of this proposed contract has ( ), has not
( ) been listed on the Environmental Protection Agency List of Violating Facilities;
2. The contractor or any of its subcontractors agree to comply with all the requirements of
Section 114 of the Clean Air Act, as amended (42 ISC 1857 c-8) and Section 308 of the
Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to
inspection, monitoring, entry, reports, and infor(l1ation, as well as all other requirements
specified in said Section 114 and Section 308, and all regulations and guidelines
issued thereunder;
3. The contractor or any of its subcontractors agree that, as a condition for the award of
the contract, prompt notice will be given of any notification received from the Director,
Office of Federal Activities, Environmental Protection Agency (EPA) indicating that a
facility utilized or to be utilized for the contract is under consideration to be listed on the
EPA list of Violating Facilities; and
4. The Contractor or any of its subcontractors agree that he will include or cause to be
included the criteria and requirements in paragraph 1 through 4 of this section in every
nonexempt sub-contract and that the Contractor will take such action as the
Government may direct as a means of enforcing such provisions.
Name of Bidder
Authorized Signature
Date
26 -NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR, EXCEUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION
Miami-Dade County PHCD
Page 53
CERTIFICATION OF COMPLIANCE
WITH FEDERAL REGULATIONS
The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued
pursuant to the clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) as amended and with the Lead-Based Paint Poisoning Prevention Act
(Public Law 91-695). All applicable rules and orders of the Federal Government issued there under
prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors, and
assignees. Violations by contractors will be reported to the U.S. Department of Housing and Urban
Development and the Regional Office of the Environmental Protection Agency.
Name of Bidder
Signature
Date
Official Address (including Zip Code)
27 -CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULJ\nONS
Miami-Dade County PHCD
Page 54
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549. Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510-
1. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered. transactions by any Federal department or
agency;
(b) Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default; and
2. Where the applicant is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this application.
Name of Bidder
Signature
Date
Official Address (Including Zip Code)
28 -CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MAnERS (DIRECT RECIPIENT)
Page 55
Miami-Dade County PH CD
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER
OATHS
1. This form statement is submitted to __________________ _
by _____________________________________________________ _
(Print individual's name and title)
For
(Print name of entity submitting sworn statement)
whose business address ______ .,---_______________ _
and if applicable its Federal Employer Identification Number (FEIN) is _____ If the entity
has not FEIN, include the Social Security Number of the individual signing this sworn statement.
2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statues,
means a violation of any state or federal law by a person with respect to an directly related to
the transactions of business with any public entity or with an agency or political subdivision of
any other state or with the United States, including, but not limited to any bid or contract for
goods or services to be provided to public entity or agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in an federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry
of a plea of guilty or nolo contendere.
4. I understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes
means:
a) A predecessor or successor of a person convicted of a public entity crime, or
Page 1 of 3
29 -PUBliC ENTITIY CRIMES AFFIDAVIT
Miami-Dade County PHCD
Page 56
b) An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership
by one person of shares constituting a controlling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under an
arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues,
means any natural person or entity organized under the laws of any state or of the
United States within the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or entity. The term "person"
includes those officers, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting sworn statement, nor any of its officers, director,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
__ .,-;-_ The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged
with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which
additional statement applies.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent proceeding before a Hearing Officer of the State of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement
on the convicted vendor list. (attach a copy of the final order).
Page 2 of 3
2. -PUBLIC ENTITIY CRIMES AFFIDAVIT
MiamI-Dade County PHCD
Page 57
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT
PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE
CALI;NDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF
THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this ____ day of ________ , 20 __ .
Personally known _________________________ _
Or produced identification ________ _ Notary PUblic-State of _____ _
(Type of identification)
My commission expires ___ -'--_
(Printed, typed or stamped commissioned
name of notary public)
Page 3 of 3
29 -PUSLIC ENTITlY CRIMES AFFIDAVIT
MIami-Dade county PHCD
Page 58
EXHIBIT 5
CONSTRUCTION CONTRACT
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
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 (Uhereinafter
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
ho,o) 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 60 working days, In the event that the Contractor shall fail to complete
the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed
upon, in accordance with t~e procedure as more particularly set forth in the Contract Documents,
liquidated damages shall be paid by the Contractor at the rate of $1 ,300 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,
121
9. It is further mutually agreed between the parties hereto that if a Payment andlor Performance Sond
("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.
II. The date that this contract was "made and entered into" and its effective date is the date that the contract is
the signed by the City or, if the contract is required to be approved by resolution of the City Commission. then
the Effective Date is the date of the resolution approving the Contract whichever is the later date.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth
next to their name below and may be signed in one or more counterparts, each of which shatt, 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:
Signature: -::::---;-________ _
City Attorney
122
OWNER: CITY OF SOUTH MIAMI
Signature:
Steven Alexander
City Manager
EXHIBIT 6
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
"Multipurpose Field Renovations at Murray Park"
RFP #PR20 15-25
ARTICLE I -DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have
the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to
this Article for the purpose of interpreting a word or group of words in that section of the Contract Document.
However, when the section of the Contract, where the word to be defined is used, does not specifically refers to
this Article to define the word or group of words. the definitions contained in this Article shall not apply unless
the word or group of words. in the context of it or their use in the Contract Document in question, is/are
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents. Drawings and Specifications. by addition, deletions, clarifications or correction.
Application for Payment: A form approved by the CONSULTANT. 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.
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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.
Defectiye Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents. or does not meet the requirements of any applicable inspection. reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of
final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that
are not properly approved and authorized. any deficiency in the Work, materials and equipment; materials and
equipment furnished under the Contract that are not good quality and new unless otherwise required or
permitted by the Contract Documents.
Drawings: The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and
are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order
signed by both parties, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance
with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
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 usep 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 olthe 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
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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 succes.sful 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 jndividual 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 jf delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing, any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
ARTICLE 2 -PRELIMINARY MATTERS
Award:
2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the
CITY has concluded its investigation, as it deems necessary. to establish. to the satisfaction of the CITY,
which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the
time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sale discretion and satisfaction of the City. to be
sufficiently responSible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may
also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance, the Binder of Insurance if issued, the Insurance 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 ofthe 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 required by the applicable RFP:
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as 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.
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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 of the successful Bidder to execute and deliver the Contract. and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
Contractor's Pre-Start Representation'
2.4 CONTRACTOR represents that it has familiarized itself with. and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents. Work, locality, and with all local
conditions and federal, state and local laws, ordinance. rules and regulations that may in any manner affect
performance of the Work. and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the 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 confiict, 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 confiict, 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.
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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.
2.1 I 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, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength. class,
weight and other applicable characteristics, as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If the CONTRACTOR is prevented from complying with this provision due to the Drawings or
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such
limitations before proceeding with construction in the area where the problem exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum reqUirements acceptable. Whenever reference is given to codes, or standard specifications or
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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 ofthe 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
(f)
(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,
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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
completion of the Project.
Labor, Materials and Equipment:
6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to layout the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing. initial operation and completion of
the Work.
6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents.
When special makes or grades of material which are normally packaged by the supplier or manufacturer
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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 piece of eqUipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials. equipment or products not conform to requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged by such alterations.
at any time before completion and acceptance of the Project. All such Work shall be done at the
expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
6.6.6 Non-conforming Work: The 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 righ~ in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract.
Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
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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 pay orto 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 value~.
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 Ifin 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 performance of Work
that would discriminate against any person on the basis of race, color. creed, religion. national origin, sex,
age, sexual orientation, familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
Patent Fees and Royalties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including attorney's
fees) arising out of any infringement of such rights during or after the completion of the Work, and shall
defend all such claims in connection with any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties
materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for such
determination on systems which do not involve purchase by them of materials, appliances and articles.
Permits;
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work. which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the
CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
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Electrical Power and Lighting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT,
it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain
that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
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 performance of Work that would discriminate
against any person on the basis of race, color, creed. religion, national origin, sex, age, sexual orientation,
familial status or disability.
Taxes:
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage. injury or loss to:
6.19.1 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.
ShOD 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
Il2
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 shaJI have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corrected copies of Shop
Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to
Shop Drawings that are in confiict 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.
6.27A 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 confiicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
Cleaning UR:
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
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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 (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission is the primary cause of injury or damage.
6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all
insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused
in whole or in part by any act. omission. or default of the Contractor. the Contractor's subcontractors.
sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused
by the negligence, recklessness. or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
Responsibility for Connection to Existing Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings and
Specifications to provide a complete installation.
6.36 Excavations. grading. fill. storm drainage, paving and any other construction or installations in rights-of-
ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface. etc., shall be
done in accordance with requirements of the special conditions. The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper
authorities. stating that the Work has been done in accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement,
storm drainage structures, and other items which must be established by governmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently early
in the construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments. Public Utilities. Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers. service companies and corporations (hereinafter referred to
as "third parties") owning or controlling roadways. railways, water. sewer. gas, electrical conduits.
telephone, and telegraph facilities such as pavements. tracks. piping, wires, cables. conduits. poles, guys,
etc .. including incidental structures connected therewith. that are encountered in the Work in order that
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such items are properly shored, supported and protected, that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of
misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
Use Premises:
6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety. nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
its employees, subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The City will designate 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 Improyements'
6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (induding portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
ARTICLE 7 -WORK BY OTHERS.
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWNER, if it is performing the additional
Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the OWNER, the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
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Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the
other contractor whose work will be affected.
7.4 If the performance of additional Work by other contractors or the 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 execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work reSUlting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
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 olthe 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 betwe.en 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:
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9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing
assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with
the Construction Documents and applicable laws. rules and regulations. On the basis of these on site-
observations as an experienced and qualified design professional. he shall keep the CITY informed of the
progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and 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 Gr 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 wridng by the CITY. All consequential cost of such inspections and testing. including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others,
the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed. shall paid by the CONTRACTOR if the Work is found to be Defective Work.
Shop Drawings. Change Orders and Payments:
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples. see paragraphs
6.25 through 6.28. inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10. II. and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment. etc .•
see Article 14.
Decisions on Disagreements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9.1 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.
10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change Orders.
Upon receipt of a Change Order. the CONTRACTOR shall proceed with the Work involved. All such
Work shall be performed under the applicable conditions of the Contract Documents. If any authorized
written Change Qrder causes an increase or decrease in the Contract Price or an extension or
137
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
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 I I -CHANGE OF CONTRACT PRICE.
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR.
shall be at its expense without changing the Contract Price.
11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order. make any change in the Work within the general scope of the Contract,
including but not limited to changes to or in:
11.2.1 Specifications (including drawings and designs);
I 1.2.2 Method or manner of performance of the Work.
11.2.3 CITY-furnished facilities, equipment, materials. services, or site; or
I 1.2.4 Acceleration in the performance of the Work.
11.3 Except as provided-in this section, or sections referred to in this section, no order. statement, or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, or as otherwise provided in another section of the Contract Documents.
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.
11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall, within ten (10) calendar days 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 I 1.8.
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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.
I 1.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed
15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable
costs, the CONTRACT shall provide a list of all costs together with backup documentation
11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade
County and shall include only the following items:
II.B.I Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of 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 I.B.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 I.B.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance this section I 1.8 and in such case the word "Subcontractor" shall be
substituted for the word "CONTRACTOR".
II.B.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, dismanding 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.
II.B.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
I I.B.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
II.B.7 The cost of utilities, fuel and sanitary facilities at the site.
I I.B.B 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.
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11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the following:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects. estimators. lawyers,
agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR
whether at the site or in its principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in Subparagraph I 1.5.
I 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
I 1.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 11.8.9).
11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or equipment wrongly supplied
and making good any damage to property.
I 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph I 1.8.
I 1.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
I 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
I 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%).
I 1.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
manner as provided in 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. LlOUIDATED DAMAGES AND CHANGE OF THE
CONTRACT TIME.
12.1 Time is of the eSSence to this contract and the date of beginning and the time for completion of the Work
are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified
in the Notice to Proceed and completed within the time specified for completion of the work.
12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion
within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR
and the OWNER, that the Contract Time for the completion of the Work described herein is a
reasonable time. taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the Work. No extension of time shall be granted due conditions that the
Contractor knew of or should have known of before bidding on the project or due to 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.
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12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature
of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated
and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change
in the Contract Time resulting from any such claim shall be incorporated in a written Change Order.
12.5 All time limits stated in the Contract Documents are ofthe essence of the Contract.
12.6 No claim for delay shall be allowed because offailure 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.
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13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet
the specification requirements. Upon written notification of rejection, items shall be removed within five
(5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected
goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the
right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the
good or to compensation of any kind. Rejection for Non-conforming Work or failure to meet delivery
schedules may result in the Contract being found in default.
ARTICLE 14 -PAYMENTS AND COMPLETION.
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"purchase order", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such 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 or
not, shall have passed to the OWNER prior to the making of the Application for Payment, free and clear
of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to
as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
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Approval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, that the Work has progressed to the point indicated in the Application for Payment; that, to the
best his knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as
defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount
approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed
to have represented that he made exhaustive or continuous on-site observations to check the quality or
the quantity of the Work, or that he has reviewed the means, methods. techniques. sequences and
procedures of construction or that he had made any examination to ascertain how or for what purpose
the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or
that title to any Work, materials, or equipment has passed to the OWNER free and clear of any liens.
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"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 m'oney 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 ~pplication 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 sole
responsibility for the care and protection of the Work, or the restoration of any damaged Work except
such as may be caused by agents or employees of the OWNER.
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14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to
the Final Application for Payment that the Work has been accepted by it under the conditions of the
Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the
CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with
the Owner. The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards. ePayables. streamline the process of
making payments to your organization going forward, the City will provide the CONTRACTOR with a
credit card account number to keep on file. This card has unique security features, with $0 of available
funds until an invoice is approved for payment. After an invoice has received proper and complete
approval. an electronic remittance advice will be sent via e-mail, or fax, which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount
listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers form
contained in this RFP or contact the OWNER's Finance department at (305) 663-6343 with any questions.
Acceptance of Final Payment as Release
14.1 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
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equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or
equipment or he disregards laws, ordinances, rules. regulations or orders of any public body having
jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any
provision of, the Contract Documents, then the CITY may. without prejudice to any other right or
remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project. including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to the 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 equipme.nt 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
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Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request, agrees to
provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
an interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final
Completion, certifies an event of default, or approves any action which requires the approval of the
CONSULTANT.
ARTICLE 16 -MISCELLANEOUS.
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last known business address.
16.2 The Contract Documents shall remain the property of the OWNER. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions, if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder, shall
be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available
by law, by special guarantee or by other provisions ofthe 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 IURY TRIAL.
17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE 18 -ATTORNEYS FEES IURISDICTION I VENUE I GOVERNING LAW.
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami-Dade County, Florida.
18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
ARTICLE 19 -PROIECT RECORDS.
19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the
books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any
claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and
make available to CITY all such books and records and accounts, financial or otherwise, which relate to
the Project and to any claim for a period of three (3) years following final completion of the Project.
During the Project and the three (3) year period following final completion of the Project,
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.070 I) while providing services on behalf of the OWNER and the CONTRACTOR, under such
conditions, shall incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR
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and its subcontractors are specifically required to: (a) Keep and maintain public records that ordinarily
and necessarily would be required by the public agency in order to perform the service; (b) Provide the
public with access to public records on the same terms and conditions that the public agency would
provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records
in possession of the contractor upon termination of the contract and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall
have the 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 insurance, employee benefits. purchasing policies and other
similar administrative procedures, applicable to services rendered under the· Contract shall be those of
the CONTRACTOR.
ARTICLE 22 -ASSIGNMENT.
22.1 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 sale
satisfaction and the assignee executes all of the Contract Documents that were required to be executed
by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their
inclusion as part of the Contract Documents on this __ d~y of • 20 __ ,
CONTRACTOR: ______________________ ___
Signature: _________________ _
Print Signatory's Name: _______________ _
Title of Signatory: ________________ _
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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
END OF SECTION
148
EXHIBIT 7
Supplementary Conditions
"Multipurpose Fie,ld Renovations at Murray Park"
RFP #PR20 15-25
A. Consultant: In accordance with ARTICLE I olthe 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) set 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 60 working 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.
G. Grant Funding: This project will be federally assisted through the Miami-Dade County Department
Housing and Community Development \,MDCDHCD") with Community Development Block Grant
funds. This funding requires that the CITY and CONTRACTOR comply with the requirements of
MDCDHCD and those requirements are more specifically described in the document title Exhibit 4,
"Attachment A To Bid Package" which is attached hereto and made a part hereof by reference. The
following is a summary or listing of many of the requirements and documents that govern the duty of the
CITY AND CONTRACTOR:
I) As the contractor on this project you must comply with Presidential Executive Order 11246, as
amended; by Executive Order I 1375; Title VII of the Civil Rights Act of 1964 as amended; the
Davis Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work
Hours and Safety Standards Act and all other applicable federal, state and local ordinance.
2) Note that contractor is required to pay workers on this project the minimum wages as
determined in the Wage Determination Decision included in the Bidder's package; and that the
contractor must ensure that employees are not discriminated because of race, color, religion,
sex or national origin.
3) This project is also a Section 3 covered actiVity. Section 3 requires that job training, employment
and contracting opportunities be directed to very-low and low income persons or business
owners who live in the project's area.
4) Please refer to "Attachment A To Bid Package", Public Housing and Community Development
Federal Labor Standards and Section 3 Requirements" for Federal Labor Requirements.
5) Documents, Rules, Regulations, Executive Orders, federal code, acts and other laws that are
incorporated in the bid package are:
a) Notice to Bidders/Prospective Contractors (s)
b) Statement of Bidders Construction Experience
c) Certification Receipt .
d) Davis-Bacon Wage Decision FLl4022 I Mod I 06113/2014 -FL221
e) Federal Labor Standards Provisions (Form HUD-4010)
f) Insurance Requirements
149
g) Provisions to be Incorporated in Construction contracts:
I. Davis-Bacon Act
2. Termination
3. Access to Records and Retention
h) Non collusion Affidavit
i) Certification Regarding Lobbying
j) Affirmative Action Standards
k) Certification of compliance with Part 60-2: Affirmative Action Programs
I) Other Required Certifications:
I. Equal Employment Opportunity,
2. Affirmative Action,
3. Americans with Disabilities Act,
4. Copland Anti-Kickback,
5. Byrd Anti-Lobbying Amendment,
6. Full Disclosure by the Contractor/Bidder,
7. Non-Discrimination Clause,
8. Age Discrimination Act of 1974 as Amended, and
9. Section 504 of the Rehabilitation Act of 1973 as Amended.
m) Certification Regarding Drug Free Workplace (Grantees Other than Individuals)
n) Assurance of Compliance (Section 3, HUD Act of 1968)
0) Section 3 Requirements
p) Section 3 clause
q) Bidders Initial Section 3 Goals
r) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Transactions (Certification Document and Instructions)
s) Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to
Executive Order (EO I 1246)
t) Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era
u) Equal Opportunity for Workers with Disabilities
v) Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (EO I 1246)
w) Equal Employment Opportunity (EEO) Clause for Contractors Subject to E) I 1246
x) Certification of Nonsegregated Facilities
y) Notice to Prospective Subcontractors of Requirements for Certification on Non-
Segregated Facilities
z) Notice of Requirement -Clean Water, Clean Air, EO I 1738 and EPA Regulations
Provision
aa) Certification of Compliance with Federal Regulations
bb) Clean Air Act
cc) Federal Water Pollution Control Act, and
dd) Lead-Based Paint Poisoning Prevention Act
eel Certification Regarding Debarment, Suspension, and Other Responsibility Matters
(Direct Recipient)
If) Public Entity Crimes Affidavit
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: ______________ _
150
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
END OF SECTION
151
EXHIBIT 8
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
The following procedures shall be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for
proposals, requests for a letter of interest and requests for qualifications.
(a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who intends to contest or object to any bid
specifications or any bid solicitation shall file a written notice of intent to file a protest with the
City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of
intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if
hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of
receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who
perceives itself to be aggrieved in connection with the recommended award of a contract and who
wishes to protest the award, shall file a written notice of intent to file a protest with the City
Clerk's office within three calendar days after. A notice of intent to file a protest is considered
filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with
the City Clerk's receipt stamp containing the date and time of receipt.
(b) Contents of protest. A protest of the solicitation or award must be in writing ("Protest Letter")
and submitted to the City Clerk's office within five calendar days after the date of the filing of the
notice of protest. Protest Letter is considered filed when the Protest Letter and the reqUired
filing fee are received by the City Clerk's office bye-mail or, if hand delivered, when stamped with
the City Clerk's receipt stamp containing the date and time of receipt. The Protest Letter shall
state with particularity the specific facts and law upon which the protest is based, it shall describe
and attach all pertinent documents and evidence relevant and material to the protest and it shall
be accompanied by any required filing. The basis for review of the protest shall be the documents
and other evidence described in and attached to the Protest Letter and no facts, grounds,
documentation, or other evidence not specifically described in and attached to the Protest Letter
at the time of its filing shall be permitted or considered in support of the protest.
(c) Computation of time. No time will be added to the above time limits for service by mail. The last
day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in
which event the period shall run until the next day which is not a Saturday, Sunday, or legal
holiday.
(d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or
any formula used for assigning points in making an award determination, nor shall it challenge the
City's determination of what is in the City's best interest which is one of the criteria for selecting
a bidder whose offer may not be the lowest bid price.
W Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney,
shall issue a written recommendation within ten calendar days after receipt of the written protest.
Said recommendation shall be sent to the City Manager with a copy sent to the protesting party.
The City Manager may then, submit a recommendation to the City Commission for approval or
152
disapproval of the protest, 'resolve the protest without submission to the City Commission, or
reject all proposals.
(I) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed
pursuant to the requirements of this section, the City shall not proceed further with the
solicitation or with the award of the contract until the protest is resolved by the City Manager or
the City Commission as provided in subsection (I) above, unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without
delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect
substantial interests of the City or to prevent youth athletic teams from effectively missing a
playing season.
END OF DOCUMENT
153
South!(Aiami
THE CITY OF PLEASANT LIVING
ADDENDUM No. #1
Proj ect Name: Multipurpose Field Renovations at Murray Park
RFP NO. PR2015-25
Date: August 21, 2015
Sent: Fax/E-mail/webpage
This addendum submission is issued to clarify, supplement andlor modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents not
modified herein shall remain in full force and effect as originally set forth. It shall be the sale
responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.
Ouestion #1:
Could you please prOVide a cross section for both options and specs for the material that we have to
install under Bermuda sad?
Answer to Ouestion # I:
For both options, 80/20 mix topsoil with #70 trap sand on top.
Ouestion #2:
Will the existing elevations of the field remain?
Answer to Ouestion #2:
As per the scope, the existing field shall be laser graded for proper elevation of an athletidsports field.
Ouestion #3:
Do you know what type of topsoil is on the field now?
Answer to Ouestion #3:
The topsail currently on the field is 80/20 mix topsoil.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
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