PLAY SPACE SERVICES, INC.REQUEST FOR PROPOSALS
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SUBMITTAL DATE: Friday, May 17, 2013
TIME: 10:00 AM
CITY OF SOUTH MIAMI
REQUEST FOR PROPOSAL
DANTE FASCELL PARK POURED -IN -PLACE (PIP) JOGGING TRAIL PROJECT
RFP #PR- DS2013 -01
Table of Contents
Section Title Page(s)
1.
Advertisement for Bids ............................................................... ..............................3
2.
Instruction to Bidders ............................................................... ...........................4
-11
3.
Contract ..................................................................................... ..........................12
-18
4.
Bidder's Representation and Proposal /Bid Form ......... ...............................
19 -21
5.
Supplementary Conditions ........................................................ .............................22
6.
Specifications /Scope of Work ................................................... .............................23
7.
Allowances ............................................................................... ...............................
25
8.
Addendum Acknowledgement ................................................. .............................26
9.
Anti- Kickback Affidavit ............................................................ ...............................
27
10.
Non - Collusive Affidavit .............................................................. .............................28
11.
Sworn Statement Public Entity ............................................... ..........................29
-31
12.
Supplement Bid Tender ....................................................... ..........................32
-36
13.
Performance Bond ................................................................... ..........................37
-38
14.
Payment Bond .......................................................................... ..........................39
-41
15.
Drug -free Workplace Form ....................................................... .............................42
16.
Related Party Transaction ....................................................... ..........................43
-51
17.
Contract General Condition .................................................... ..........................52
-79
18.
Appendix A ................................................................................... .............................80
CITY OF SOUTH MIAMI
REQUEST FOR PROPOSAL
DANTE FASCELL PARK POURED -IN -PLACE (PIP) JOGGING TRAIL PROJECT
RFP#iPR- DS2013 -01
The City of South Miami is requesting bids from qualified proposers to provide a Poured -In -Place (PIP) jogging trail
for the City of South Miami at Dante Fascell Park located at 5900 SW 66 Street, South Miami, FL 33143.
Interested proposers should visit the City's website at www.southmiamifl.gov to obtain the REQUEST FOR
PROPOSAL package. Packages may also be picked up during normal business hours:
City Clerk, City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Sealed submittals including one (1) original and three (9) copies of the submittals plus a CD containing all
documents submitted must be received no later than 10:00 AM on 10:00 P.M. on Friday, May 17, 2013 and be
clearly marked on the outside, "RFP HPR- DS2013 -01; DANTE FASCELL (PIP) JOGGING TRAIL PROJECT ", Maria M.
Menendez, City Clerk, CITY OF SOUTH MIAMI , 6130 Sunset Drive., South Miami , Florida, 33143. Late
submittals and electronic submittals will not be accepted.
A MANDATORY "pre -bid" meeting will be held on Tuesday, May 7, 2013 at 10:00 AM at Dante Fascell Park, 5900
SW 66 Street, South Miami, FL 33143. Pursuant to City Code, public notice is hereby given that a "Cone of
Silence' is imposed concerning the City's competitive purchasing process, which generally prohibits
communications concerning the RFP from the time of advertisement of the RFP until the City Commission meeting
at which the Commission considers the City Manager's recommendation to the City Commission concerning the
competitive purchase transaction. Please see the detailed specifications for the public solicitation for services for
a statement fully disclosing the requirements of the "Cone of Silence ".
Pursuant to the City Code, vendors of the City are required to disclose any campaign contributions to the City
Clerk, and each vendor must do so prior to and as a condition of the award of any City contract to the vendor.
Please see the detailed specifications of this solicitation for further details.
The City of South Miami reserves the right to accept or reject and /or all proposals or parts of proposals, to
workshop or negotiate any and all proposals, to waive irregularities, and to request re- proposals on the required
materials or services, or take any other such actions that may be deemed in the best interest of the City.
SECTION 2
INSTRUCTIONS TO BIDDERS
1.01. SEALED BIDS
The City of South Miami (the "City "), a municipality located in Miami -Dade County, Florida,
desires to receive sealed bids for furnishing all goods and services necessary to complete the Work
specified in these documents. The City intends to execute an agreement with a selected Contractor
to provide such services.
1.02 SCHEDULE OF EVENTS
No.
Event
Date*
Time* (EST)
1
Advertisement/ Distribution of RFP & Cone of silence
4/25/2013
5:00 PM
begins
Mandatory Pre -Bid Conference
2
Dante Fascell Park, 5900 SW 66 Street, South Miami, FL
5/7/2013
10:00 AM
33143
3
Deadline to Submit Questions
5/14/2013
10:00 AM
4
Deadline to City Responses to Questions
5/15/2013
10:00 AM
5
Deadline to Submit Bid- Response
5/17/2013
10:00 AM
6
Evaluation of Bid Responses
5/24/2013
10:00 AM
7
Announcement of Selected Contractors /Cone of Silence
5/31/2013
10:00 PM
ends
*The City reserves the right to change the scheduled dates and time.
1.03 DEFINITION OF TERMS
Terms used in these Instructions to Proposers are defined and have the meaning assigned to them. The
term "Proposer" means one who submits a proposal directly to the City as distinct from a Sub- Contractor,
who submits a proposal to the Proposer. The term "Successful Proposer' means the best, qualified,
responsible and responsive Proposer to whom the City (on the basis of City's evaluation as hereinafter
provided) makes an award. The term "City" refers to the City of South Miami, a municipal corporation of
the State of Florida. The term "Proposal Package" includes all items as listed and identified in Section IV.
The term "Contractor" shall mean the individual(s) or firm to whom the award is made or also referred to
as the Successful Proposer. The term "Contractor Administrator" shall mean the City Manager or his
designee.
Certain terms used in these documents are defined as follows:
Bid \Proposal - The bid documents submitted by the Bidder.
Bidder /Proposer - Any person, firm or corporation submitting a proposal for the Work covered by these
specifications or his duly authorized representative.
Owner -The City Commission of the CITY OF SOUTH MIAMI or the City Manager, if applicable.
Contractor- The person, firm or corporation with whom the City has executed a contract for the Work.
Days - Shall refer to calendar days.
In order to be considered a "responsible' bidder, the Bidder must possess integrity as well as adequate
equipment and personnel to do the Work within the time limits that are established and adequate financial
status to meet the obligations to perform the Work. The firm must not have defaulted on a prior contract
or been disbarred by any agency.
Any person, firm or corporation submitting a Bid for the Work whose Bid form is complete and includes all
required attachments and enclosures, free from exclusions or special conditions and has no alternative
Bids for any items, unless alternatives are requested in the specifications.
Work - The services required by the Contract Documents, including labor and materials.
1.04 DELIVERY OF BIDS
All Bids, whether mailed or delivered in person, shall be submitted in a SEALED ENVELOPE bearing on the
outside the following project information as well as the name of the Bidder and his address clearly
marked: "DANTE FASCELL PARK POURED -IN PLACE (PIP) JOGGING TRAIL PROJECT."
Addressed to:
CITY OF SOUTH MIAMI
Attn: Maria M. Menendez, City Clerk
6130 Sunset Drive
South Miami, Florida 33143
All Bids must be received by the City no later than 10:00 AM on May 17, 2013.
1.05 BID GUARANTY
A certified or cashier's check drawn on a national or state bank, or bid bond, in the amount of five percent
(5%) of the bid, shall accompany each bid as a guarantee that the Bidder will, if award is made, execute an
Agreement to do the Work for the amount proposed and furnish any required certificates of insurance
and bond documents. The bid bond shall be from a surety with an A- rating or better under Best's
Guidelines, made payable to: The City of South Miami.
1.06 BID FORMS
The Bidder shall submit an original Bid on the bid forms attached to this RFP. The Bidder shall fill in all the
blank spaces completely for each and every unit item for which a Bid is tendered. The Bidder shall state the
price, typewritten or in ink, for which he proposes to do each item of Work. The Bid shall include:
1) Agreement /Contract;
2) Bid Forms;
3) Certificate or Evidence of Insurance;
4) Bid Guarantee;
5) Qualifications Statement;
6) Sworn Statement on Public Entity Crime Form;
7) Addenda acknowledgement, if applicable;
8) Anti - Kickback Affidavit;
9) Non - Collusive Affidavit;
10) Drug Free Workplace form;
11) Related Parties Transaction Verification Form;
12) Acknowledgement of Conformance to OSHA Standards; and
13) Corporate Resolution evidencing authorization to submit Bid, if applicable.
1.07 SIGNATURE ON BID
The Bidder shall sign the Bid as follows: If the Bid is made by an individual, the Bidder's name and address
shall be shown. If made by a firm or partnership, the name and address of each member of the firm or
partnership shall be shown. If made by a corporation, the person signing the Bid shall show the name of
the state under the laws of which the corporation is chartered, also the names and business addresses of
its corporate officers. The Bid shall bear the seal of the corporation attested by the secretary. Anyone
signing the Bid as agent shall include in the Bid legal evidence of his /her authority to do so.
1.08 COST OF BIDS
All expenses involved with the preparation and submission of Bids to the City or any work performed in
connection therewith, shall be borne by the Bidder(s). No payment shall be made for any responses
received, nor for any other effort required of or made by the Bidder(s) prior to commencement of work as
defined by the Agreement duly approved by the City Commission.
1.09 QUALIFICATION OF BIDDERS
Each Bidder shall submit a completed Qualification Statement utilizing the form attached.
1.10 RIGHT TO REJECT BIDS
The City of South Miami reserves the right to accept or reject any and /or all Bids or parts of Bids, to
workshop or negotiate any and all Bids, to waive irregularities, and to request re -Bids on the required
materials or services.
1.11 AWARD OF CONTRACT
1.11.1 The Award of the Agreement will be to the lowest Responsive and Responsible Bidder, whose
qualifications indicate the Award will be in the best interest of the City and whose Bid complies
with the requirements of these specifications. In no case will the Award be made until all
necessary investigations have been made into the responsibility of the Bidder(s) and the City
Manager is satisfied that the Bidder is qualified to do the Work and have the necessary
organization, capital and equipment to carry out the Work in the specified timeframes. In
evaluating responsibility, the City may also consider previous contracts with the City, past
performance and experience with other contracts, compatibility of the project team with City
personnel, and any other criteria deemed relevant by the City.
1.11.2 If the City accepts a Bid, the City will provide a written notice of Award to the lowest Responsive
and Responsible Bidder, who meets the requirements of Section 1.10.1.
1,11.3 If the successful Bidder to whom an Agreement is awarded forfeits the Award by failing to meet
the conditions of subsection 1.12, the City may, at the City's sole option, award the Agreement
to the next lowest Responsive and Responsible Bidder or reject all Bids or re- advertise the Work.
1.11.4 The City, at its sole discretion, may consider the lowest and responsive bidder as the bidder who
has the lowest bid amount for: DANTE FASCELL PARK (PIP) JOGGING TRAIL PROJECT.
1.12 RETURN OF THE BID GUARANTY
All Bid Guarantees of unsuccessful Bidders will be returned after the Agreement is awarded and executed,
if requested by unsuccessful bidder.
1.13 EXECUTION OF CONTRACT
The successful Bidder(s) shall, within ten (10) days of receipt of a written notice of the Award of the
Agreement, deliver to the City a fully executed Agreement and all requested certificates of insurance and
bonds.
1.13.1 FORFEITURE OF BID GUARANTY FOR FAILURE TO EXECUTE CONTRACT
The failure of the successful Bidder(s) to execute an Agreement and submit required insurance
certificates and bonds as specified in subsection 1.12 from "Standard General Conditions of the
Construction Contract" will result in forfeit of the Award. Each Bidder agrees in advance that the
City will sustain certain damages too difficult to accurately ascertain. Accordingly, if the Award is
forfeited under this Section, the amount of the Bid Guaranty of the forfeiting Bidder will be
retained by the City, not as forfeiture or a penalty, but as liquidated damages.
1.14 TIME AND AWARD
The Bidder agrees to abide by the overall and unit prices quoted in the Bid for up to ninety (90) days from
the date of bid opening to allow for the City review, award, and execute the Agreement.
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1.15 INTERPRETATION AND CLARIFICATION
1.16
All questions about the meaning or intent of the Bid Documents and specifications shall be directed in
writing to Steven P. Kulick, Purchasing Manager at (305) 663 -6339 or Email:skulick@southmiamifl.Rov.
All correspondences whether in writing or through e-mail must be titled "DANTE FASCELL PARK (PIP)
JOGGING TRAIL PROJECT." Interpretation or Clarifications considered necessary by the City in response to
such questions will be issued by means of addenda electronically mailed or delivered to all parties that are
on record with the City Clerk as having requested and received the Bid Documents. Provided however that
it is each Bidder's sole responsibility to be informed of any changes to the RFP in the form of written
addenda and the City shall not be responsible for any Bidder's failure to receive same. The City has the
right to rely on all Bids received and the submittal of a Bid shall represent the Bidder's acknowledgement
that he has read and understood the RFP and any addenda thereto. Written questions must be received by
May 14, 2013 at 10:00 AM. Only questions answered by written addenda shall be binding. Oral and other
interpretation or clarifications shall be without legal effect.
No modifications shall be submitted by Bidder or accepted by the City.
1.17 WITHDRAWAL OFA BID
A Bidder may withdraw his Bid at any date and time prior to the time the Bids are scheduled to be opened.
Notice of withdrawal should be made in writing to the Maria M. Menendez, City Clerk, City of South
Miami, 6130 Sunset Drive., South Miami, Florida, 33143.
1.18 OPENING OF BIDS
Bids will be publicly opened and read aloud at the appointed time and place stated in the Request for
Proposals. Late Bids will not be considered. No responsibility will be attached to any City Staff for the
premature opening of a Bid not properly addressed and identified. Bidders or their authorized agents are
invited to be present at the bid opening,
1.19 PUBLIC ENTITY CRIMES ACT
In accordance with the Public Entity Crimes Act, (Section 287.133, Florida Statutes) a person or affiliate
who is a contractor, who had been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to the City, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases or real property to the City, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with the City in excess of the threshold amount provided in Section 287.917, Florida
Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted
vendor list. Violation of this section by the Contractor shall result in rejection of the Bid, termination of the
contract, and may cause Contractor debarment.
1.20 CITY LICENSES, PERMITS AND FEES
In accordance with the Public Bid Disclosure Act, 218.80, Florida Statutes, each license, permit, or fee a
Contractor will have to pay the City before or during the Work or the percentage method or unit method of
8
all licenses, permits and fees required by the City and payable to the City by virtue of the Work as part of
the Agreement are as follows:
1.20.1 Contractor shall have and maintain during the term of the Agreement all appropriate City
licenses, and fees for which shall be paid in full in accordance with the City's Fee structure for
such licenses. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY
LICENSE FEES,
1.20.2 During the performance of the Agreement there may be times when the Contractor will be
required to obtain a City permit for the Work. It is the responsibility of the Contractor to insure
that he or she has the appropriate City permits to perform such Work as may become
necessary during the performance of the Agreement. Any fees related to City required permits
in connection with the Agreement will be the responsibility of the Contractor and will not be
reimbursed by the City. Licenses, permits, and fees that may be required by County, State or
Federal entities are not included in the above list.
1.21 INSURANCE
The Bidder shall be required to provide and maintain insurance coverage of such types and amounts as
specified in Article 5 -Bond and Insurance. The Bidder shall include with his or her Bid either Certificates of
Insurance evidencing same or documentation from his or her insurer evidencing the insurability of the
Bidder to meet the insurance requirements.
1.22 BONDS
A Performance and a Payment Bond for the entire base bid amount shall be required in connection with
this contract.
1.23 FAMILIARITY WITH LAWS
The Bidder is assumed to be familiar with all applicable Federal, State, and local laws, ordinances, rules,
and regulations that may in any manner affect the Work.
1.24 EXAMINATION OF BIDDER'S FACILITIES
The City, as part of its evaluation may perform an examination of the Bidder's facilities. The City Manager
or designee, as part of the evaluation, may perform this examination.
The term facilities as used in this solicitation shall include, but shall not be limited to, all properties
operated by the Bidder, all equipment used in the performance of business by Bidder, and /or any other
evidence, tangible or intangible, that the City may deem necessary to substantiate the technical and other
qualifications, and the abilities of the Bidder to perform the Work.
The examination shall include, but shall not be limited to, appearance and cleanliness of facilities,
appearance and cleanliness of equipment, "road worthiness" of vehicles, appearance and visibility of all
signage on vehicles, and possession and distribution of mandatory equipment. Vehicles shall be examined
for compliance with State of Florida Statutes, as well as applicable County and City Ordinances.
Additionally, examination may include verification of some of the (physical) minimum requirements for
Bidders. Additionally, the City reserves the right to perform such examinations on the successful Bidder as
often as it deems necessary, to ensure proper performance of the proposed Agreement.
9
1.25 ALLOWANCES
Included in the contract sum is an allocation account for unforeseen conditions, potential construction
changes and quantity adjustments, and additional work or materials that the City may deem necessary if
ordered and authorized by the City in accordance with the Contract Documents.
1.26 CAMPAIGN FINANCE RESTRICTIONS ON VENDORS
Pursuant to the City Code, vendors of the City are required to disclose any campaign contributions to the
City Clerk, and each vendor must do so prior to and as a condition of the award of any City contract to the
vendor.
Vendors' Campaign Contribution Disclosure:
1. General requirements:
A) Any vendor required to disclose campaign contributions pursuant to the City of South Miami Code
of Ordinances as may be amended, shall file a written disclosure with the City Clerk, stating all
contributions made that were accepted by an elected official of the City, the official to whom they
were made and the date they were made. The City Clerk may develop a form to be used by
vendors for such disclosure.
B) The disclosure shall be filed prior to and as a condition of the award of any City contract to the
Vendor.
C) The City Clerk shall inform the Commission of any disclosures which were made in relation to any
items before the Commission prior to the hearing on the item or prior to the award of the contract.
D) If an existing vendor makes a contribution the vendor must report the same to the clerk within ten
days of its acceptance or prior to being awarded any additional contract or renewal, whichever
occurs first.
E) The City Clerk shall file a quarterly report with the Commission, which lists all the vendor
disclosures in the quarter.
2. Disqualification:
A) As per the City Charter, if a vendor of products or services who directly or through a member of
the person's immediate family or through a political action committee or through any other person
makes a campaign contribution to a City candidate and fails to disclose it then he /she /it shall be
barred from selling any product or service to the City for a period of two years following the
swearing in of the subject elected official.
1.27 CONE OF SILENCE
Notwithstanding any other provision of these specifications, the provisions of City "Cone of Silence" are
applicable to this transaction. The entirety of these provisions can be found in the City's Purchasing
Ordinance. The "Cone of Silence," as used herein, means a prohibition on any communication regarding a
particular Request for Proposal ( "UP "), Request for Qualification ( "RFQ ") or bid, between:
10
1. A potential vendor, service provider, proposer, bidder, lobbyist, or consultant; and
2. The City Commission, City's professional staff including, but not limited to, the City Manager and his
or her staff, any member of the City's selection or evaluation committee.
The Cone of Silence shall be imposed upon each RFC, RFP and bid after the advertisement of said RFQ, RFP,
or bid. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which time
the City Manager makes his or her written recommendation to the City Commission. However, if the City
Commission refers the Manager's recommendation back to the Manager or staff for further review, the
Cone of Silence shall be re- imposed until such time as the Manager makes a subsequent written
recommendation.
The Cone of Silence shall not apply to:
a. Oral communications at pre -bid conferences;
b. Oral presentations before selection or evaluation committees;
c. Public presentations made to the City Commission during any duly noticed public meeting;
d. Communication in writing at any time with any City employee, unless specifically prohibited by
the applicable RFQ, RFP or bid documents. The bidder or proposer shall file a copy of any written
communication with the City Clerk. The City Clerk shall make copies available to any person upon
request;
e. Communications regarding a particular RFQ RFP or bid between a potential vendor, service
provider, proposer, bidder, lobbyist or consultant and the City's Purchasing Agent or City
employee designated responsible for administering the procurement process for such RFQ RFP or
bid, provided the communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document;
f. Communications with the City Attorney and his or her staff;
g. 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 the City Manager makes his or her
written recommendation;
h. Any emergency procurement of goods or services pursuant to City Code;
i. Responses to the City's request for clarification or additional information;
j. Contract negotiations during any duly noticed public meeting;
k. Communications to enable City staff to seek and obtain industry comment or perform market
research, provided all communications related thereto between a potential vendor, service
provider, proposer, bidder, lobbyist, or consultant and any member of the City's professional staff
including, but not limited to, the City Manager and his or her staff are in writing or are made at a
duly noticed public meeting.
1.28 LOBBYIST REGISTRATION
Proposers must also comply with all City Charter sections and Code provisions that pertain to lobbyists,
Please contact the City Clerk at for additional information.
1.29 PROTEST PROCEDURES
With respect to a protest of the terms, conditions, and specifications contained in a solicitation (RFP, RFQ,
or Bid), including any provisions governing the methods for ranking bids, proposals, or replies, awarding
contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of
protest shall be filed in accordance with City Ordinance.
[END OF SECTION]
SECTION 3
CONTRACT BETWEEN OWNER AND CONTRACTOR
THIS CONTRACT is dated as of the _ day of in the year 2013 (which shall be
the Effective Date of the Contract) by and between the CITY OF SOUTH MIAMI (hereinafter called
"OWNER" or "CITY ") and
(hereinafter called "CONTRACTOR ").
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
DANTE FASCELL PARK POURED -IN -PLACE JOGGING TRAIL PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
CITY OF SOUTH MIAMI
DANTE FASCELL PARK POURED -IN -PLACE JOGGING TRAIL PROJECT
Article 2. CONSULTANT. The Project's construction, design and inspection services will be provided
Owner's representative or by the following;
Who is hereinafter called "CONSULTANT" and who will assume all duties and responsibilities and will have
the rights and authority assigned to CONSULTANT in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1 If awarded the Base Bid Work, the contractor may not mobilize prior to . The Work will be
substantially completed by and within 90 calendar days after the date when the Contract Time
commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for
final payment in accordance with paragraph 14.07 of the General Conditions within 120 calendar days after
the date when the Contract Time commences to run, after such time liquidated damages begin.
3.2 If awarded the Base Bid, the contractor may not mobilize for the Base Bid Work prior to . The
Base Bid Work will be substantially completed by and the Base Bid Work will be substantially
completed within calendar days after the date when the Contract Time commences upon receiving
Notice to Proceed as provided in the General Conditions, and completed and ready for final payment in
accordance with the General Conditions within calendar days after the date when the Contract
Time commences to run.
3.3 LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Contract
and that OWNER will suffer financial loss and other damages if the Work is not substantially or finally
complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the expense and difficulties
12
involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not
substantially or finally complete on time. CONTRACTOR acknowledges and agrees that the actual delay
damages which OWNER will suffer in the event of delay in achieving Substantial Completion or Final
Completion of the Work are difficult, if not impossible, to determine and that the liquidated damages
described herein are a fair and reasonable estimate of the delay damages which the OWNER is expected to
suffer in the event of such delay. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree, that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay
OWNER Five Hundred and 00 /100 dollars ($500.00) for each day that expires after the time specified in
Paragraph 3.1 for Substantial Completion until the Work is substantially complete. Liquidated damages
shall be deducted from the CONTRACTOR's Applications for Payment. However, if at the time of the
CONTRACTOR's Final Application for Payment, CONTRACTOR is owed insufficient amounts to fully cover
the deduction for liquidated damages, then CONTRACTOR shall pay any amount due within 10 days of
written demand by OWNER.
Article 4. CONTRACT PRICE.
4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents
and the Schedule of Values provided for payment request purposes in current funds as follows:
Contract Price
Contract Price (in words)
4.2 Included in the Agreement Sum is an allowance account of for the Base Bid Form for
unforeseen conditions, potential construction changes and quantity adjustments, and additional work or
materials that the City may deem necessary if ordered and authorized by the City Manager in accordance
with the Contract Documents. Money may only be taken from this account at the prior approval of the
CONSULTANT and pursuant to any procedures outlined by the City Manager.
Article S. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by CONSULTANT as provided in the General
Conditions.
5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the
basis of CONTRACTOR'S Applications for Payment as recommended by CONSULTANT, on or before the
28th day of each month during construction as provided below. The Application for Payment shall be in
AIA format or other City approved format. All progress payments will be on the basis of the progress of the
Work measured by the Schedule of Values provided within 10 days of Notice of Award as required under
Article 14 of the General Conditions.
5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the
Work completed and 90% of materials and equipment not incorporated in the Work but delivered
and suitably stored, less in each case the aggregate of payments previously made.
5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments
to CONTRACTOR to 95% of the Contract Price, less such amounts as CONSULTANT shall determine
in accordance Article 14 of the General Conditions.
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5.2. FINAL PAYMENT. Upon Final Completion and acceptance of the Work in accordance with paragraph
14.07.13.1 of the General Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by CONSULTANT as provided in Article 14 of the General Conditions.
Article 6. INTEREST. Not Applicable
Article 7. CONTRACTOR'S REPRESENTATIONS.
7.1. In order to induce OWNER to enter into the Contract, CONTRACTOR makes the following
representations:
CONTRACTOR has thoroughly and to its full satisfaction familiarized himself with the nature and extent of
the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress or performance of the
Work. CONTRACTOR has: (a) examined the Contract Documents, Project Specifications and Drawings
thoroughly to its full satisfaction and has undertaken the responsibility to determine, within the scope of
CONTRACTOR's competence as a licensed General Contractor, that the Project Specifications and Drawings
are fit and proper for the performance of the Work and to the best of CONTRACTOR's knowledge are: (i)
free from material errors, omissions, and /or inconsistencies; and (ii) are in compliance with applicable
laws, statutes, building codes, ordinances, rules and regulations, recognizing however, that CONTRACTOR
is not responsible for the design of the Project; (b) visited the site to familiarize himself with local
conditions that may in any manner affect cost, progress or performance of the Work; (c) examined the
Project Site to its full satisfaction, including any existing work or improvements in place, and has
determined that the same are fit and proper to receive the Work in their present condition and
CONTRACTOR waives all claims that same are not in accordance with all data and information with respect
to the Project as specified in the Drawings and Project Specifications and /or as provided by OWNER and
CONSULTANT; (d) familiarized himself with federal, state and local laws, ordinances, rules, policies, and
regulations that may in any manner affect cost, progress or performance of the Work; (e) studied and
carefully correlated CONTRACTOR's observations with the Contract Documents; and (f) at CONTRACTOR's
own expense, made or obtained any additional examinations, investigations, explorations, tests and
studies, and obtained any additional information and data which pertain to the physical conditions
(surface, sub - surface and underground facilities) at or contiguous to the Project or otherwise which may
affect cost, progress, performance or furnishing of the Work and which CONTRACTOR deems necessary to
determine its Contract Price for performing and furnishing the Work in accordance with the time, price and
other terms and conditions of the Contract Documents.
7.2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied
upon by CONSULTANT in the preparation of the Drawings and Specifications.
7.3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such
reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the
performance of the Work at the Contract Price, within the Contract Time and in accordance with the other
terms and conditions of the Contract Documents; and no additional examinations, investigations, tests,
reports or similar data are or will be required by CONTRACTOR for such purposes.
7.4. CONTRACTOR has correlated and considered the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract Documents and in
reaching the Contract Price and Contract Time.
14
7.5. CONTRACTOR has given CONSULTANT written notice of all conflicts, errors or discrepancies that he has
discovered in the Contract Documents and the written resolution thereof by CONSULTANT is acceptable to
CONTRACTOR. CONTRACTOR shall not rely on any conflicts, errors or discrepancies that CONTRACTOR
knew or should have known exist in the Contract Documents as a basis for a claim for an extra to the
Contract Price or Contract Time.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents that comprise the entire Contract between OWNER and CONTRACTOR are
attached to this Contract, made a part hereof and consist of the items listed in the general conditions and
the following:
8.1. This Contract
8.2. Request for Proposal
8.3. Bid Form
8.4. Standard General Conditions
8.5. Supplementary Conditions (if applicable)
8.6. Detailed Specifications as included in this package and as referenced
8.7. Cone of Silence /Campaign Contribution Ordinance /Lobbyist Registration Requirements
8.8. Addendum Acknowledgement
8.9. Anti- Kickback Affidavit
8.10. Non - Collusive Affidavit
8.11. Sworn Statement
8.12. Qualification Statement
8.13. Performance Bond
8.14. Payment Bond
8.15. Drug -Free Work Place Form
8.16. Related Transaction Verification Form
8.17. Acknowledgement of Conformance with OSHA Standards
8.18. Construction Plans titled — "DANTE FASCELL PARK PIP JOGGING TRAIL"
8.19. Compliance with Federal, State and Local Codes
8.20. Any Modifications, including Work Authorizations, duly delivered after execution of the Contract.
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents
may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General
Conditions).
Article 9. MISCELLANEOUS
9.1. Terms used in this Contract which are defined in Article 1 of the General Conditions shall have the
meanings indicated in the General Conditions.
15
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding
on another party hereto without the written consent of the party sought to be bound; and specifically but
without limitation, moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives
to the other party hereto, his partners, successors, assigns and legal representatives in respect to all
covenants, agreements and obligations contained in the Contract Documents.
9.4. This Contract may be executed in counterparts.
9.5 The OWNER shall retain the ownership of all shop drawings and design drawings once payment therefore
is made.
9.6 OWNER and CONTRACTOR hereby knowingly, irrevocably, voluntarily and intentionally waive any right
either may have to a trial by jury in respect to any action or proceeding based upon the contract
documents or arising out of, under, or in connection with the work or the project.
9.7 The law of the State of Florida shall govern the contract between the City of South Miami and the
successful bidder and any action shall be brought in Miami -Dade County, Florida. In the event of litigation
to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against
the other party its costs and expenses, including reasonable attorney fees, which shall include any fees and
costs attributable to appellate proceedings arising on and of such litigation.
918 INDEMNIFICATION. The parties agree that 1% of the total compensation paid to the Contractor for the
performance of this agreement shall represent the specific consideration for the Contractor's
indemnification of the City as set forth in this Section and in the Terms and Conditions.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless the
City and their consultants, agents and employees from and against all claims, damages, losses and
expenses, direct, indirect or consequential (including but not limited to fees and charges of attorneys and
other professionals and court costs) arising out of or resulting from the performance of the work, provided
that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property (other than the work itself) including the loss of use
resulting there from and (b) is caused in whole or in part by any willful and wanton or negligent or gross
negligent acts or omission of Contractor, any subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder
or arises by or is imposed by Law and Regulations regardless of the negligence of any such party.
In any and all claims against the City or any of their consultants, agents or employees by any employee of
Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them
to perform or furnish any of the work or anyone for whose acts any of them may be liable, the
indemnification obligation under the above paragraph shall not be limited in any way by any limitation on
the amount or type of damages, compensation or benefits payable by or for Contractor or any such
Subcontractor or other person or organization under workers or workman's compensation acts,
disability benefit acts or other employee benefit acts.
16
It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida
Statute 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the
Contract Documents on this project are hereby amended to include the foregoing indemnification and the
"Specific Consideration" therefore.
The official title of the City is "CITY OF SOUTH MIAMI ". This official title shall be used in all insurance, or
other legal documentation. City of South Miami is to be included as "Additional Insured" with respect to
liability arising out of operations performed for City of South Miami by or on behalf of Contractor or acts or
omissions of Contractor in connection with such operation.
9.9 WARRANTIES OF CONTRACTOR. The CONTRACTOR hereby warrants and represents that at all times during
the term of this Agreement it shall maintain in good standing all required licenses, certifications and
permits required under Federal, State and local laws necessary to perform the Specified Services.
9.10 DEFAULT /FAILURE TO PERFORM. The City shall be the sole judge of nonperformance, which shall include
any failure on the part of the successful bidder to accept the award, to furnish required documents, and /or
to fulfill any portion of this contract within the time stipulated.
Upon default by the successful bidder to meet any terms of this agreement, the City will notify the bidder
three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to
correct the default within the required three (3) days shall result in the contract being terminated and
upon the City notifying in writing the contractor of its intentions and the effective date of the termination.
The following shall constitute default:
A) Failure to perform the work required under the contract and /or within the time required or
failing to use the subcontractors, entities and personnel as identified and set forth, and to the
degree specified in the contract.
B) Failure to begin the work under this contract within the time specified.
C) Failure to perform the work with sufficient workers and equipment or with sufficient
materials to ensure timely completion.
D) Neglecting or refusing to remove materials or perform new work where prior work has been
rejected as non conforming with the terms of the contract.
E) Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or insolvency,
or making an assignment renders the successful bidder incapable of performing the work in
accordance with and as required by the contract.
F) Failure to comply with any of the terms of the contract in any material respect.
In the event of litigation or arbitration arising from a default by the contractor, the contractor shall also be
liable for all damages caused by its default which damages may include but not be limited to any and all
costs incurred by the City in completing the project, and damages arising out of the contractor's failure to
adhere to the contract requirements and all attorney's fees and costs incurred by the City in seeking legal
relief for the default.
9.11 OTHER CAUSES FOR TERMINATION. The CITY OF SOUTH MIAMI reserves the right to cancel this contract
by written notice to the contractor effective the date specified in the notice should any of the following
apply:
A) The City has determined that such cancellation will be in the best interest of the City to cancel
the contract for its own convenience. In the event the contract is terminated for the City's
17
SECTION 4
BIDDER'S REPRESENTATION
Proposal of
(Name)
to furnish all materials; equipment, and labor and to perform all work in accordance with the Contract
Documents for:
"DANTE FASCELL PARK (PIP) JOGGING TRAIL PROJECT"
( "THE PROJECT ")
TO: CITY OF SOUTH MIAMI
Attn: City Clerk
6139 Sunset Drive
South Miami, Florida 33143
The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as
principal or principals, is or are named herein and that no other person than herein mentioned has any
interests in the Bid of the Agreement to which the Work pertains; that this Bid is made without connection
or arrangement with any other person, company, or parties making Bids or Proposals and that the Bid is in
all respects fair and made in good faith without collusion or fraud.
The Bidder further declares that he or she has examined the geographic location and sites of the Work;
that he has made sufficient investigations to fully satisfy himself that such sites are suitable for this Work;
and he assumes full responsibility therefore; that he has examined the specifications for the Work and
from his own experience or from professional advice that the specifications are sufficient for the Work to
be done and he has examined the other Contract Documents relating thereto, including the Instructions to
Bidders, the Agreement, Bid, Detailed Scope of Work /Specifications, Qualification Statement, Public Entity
Crime Form, and Insurance requirements and he has read all addenda prior to the opening of Bids, and
that he has satisfied himself fully, relative to all matters and conditions with respect to the Work to which
this Bid pertains.
The Bidder proposes and agrees, if this Bid is accepted, to timely execute the Agreement with the City in
the form attached and to furnish all necessary materials, all equipment, all necessary machinery, tools,
apparatus, means of transportation, and labor necessary to complete the Work specified in the Bid and the
Agreement, and called for by the specifications and in the manner specified and to timely submit all
required bonds and insurance certificates.
NOTE, THIS SCHEDULE OF BID ITEMS IS MERELY ILLUSTRATIVE OF THE MINIMUM AMOUNT /QUANTITY
OF WORK TO BE PERFORMED UNDER THE CONTRACT. IN THE CASE OF ANY CONFLICT BETWEEN THIS
19
convenience the contractor will be paid for all labor and materials provided as of the
termination date. No consideration will be given for anticipated lost revenue, overhead,
mobilization or demobilization or the canceled portions of the contract.
B) Funds are not available to cover the cost of the services. The City's obligation is contingent
upon the availability of appropriate funds.
9.12 ANTI - DISCRIMINATION. The bidder certifies compliance with the non - discrimination clause contained in
Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment
opportunity for all persons without regard to race, color, religion, sex or national origin. Furthermore the
bidder shall comply with all other State and local laws and policies that prohibit discrimination.
9.13 If any provision of this Contract or any Authorization under this Contract or the application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of the is 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.
9.14 Whenever either party desires to give notice to the other, it must be given by hand delivery or written
notice, sent by certified United States mail, with return receipt requested or a nationally recognized private
mail delivery service, addressed to the party for whom it is intended, at the place last specified.
9.15 Contractor shall abide by the applicable provisions of Chapter 119, Florida Statutes (Public Records).
IN WITNESS WHEREOF, the parties hereto have signed 6 copies of this Contract. At least one counterpart each
has been delivered to OWNER, CONTRACTOR, and CONSULTANT. All portions of the Contract Documents have
been signed or identified by OWNER and CONTRACTOR or by CONSULTANTon OWNER'S behalf.
OWNER
CITY OF SOUTH MIAMI
ADDRESS
6130 Sunset Drive
South Miami, Florida 33143
M,
Steven Alexander, City Manager
WITNESS
[CORPORATE SEAL]
CONTRACTOR
ADDRESS
STREET
CITY, STATE & ZIP CODE
BY:
TITLE - COMPANY
WITNESS
[CORPORATE SEAL]
[END OF SECTION]
18
SECTION 6
SPECIFICATIONS /SCOPE OF WORK
Contractor shall provide all labor, parts, materials, and equipment necessary for the installation of EPDM /Poured-
in -Place (PIP) playground surface/ jogging trail at the City of South Miami's Dante Fascell Park. (Refer to Exhibit
#1 'Aerial View, Dante Fascell Park." The Exhibit depicts the suggested route and placement of the jogging
trail.
1. Material and Workmanship
• Material and workmanship shall comply with the following:
• Performance requirements for impact attenuation and Head Injury Criteria as per U.S. Consumer
Product Safety Commission.
• Adjust thickness to meet varying critical fall heights within the repair areas of the jogging trail.
Minimum 1/2" to maximum 5/8" as per line items.
• Surface shall consist of two layers. The base coat is recycled tire 100% wire free and a minimum of
1/2" EPDM rubber installed on compacted crusted stone, concrete or asphalt. Color mixture of
the EPDM wear cap shall be 50% Standard color/ 50% Black.
• Mix proportions by weight -
o Basemat 14% polyurethane 86% rubber.
• Top Surface 18% polyurethane, 82% rubber.
2. Dimensions of Jogging Trail
Note: Dimensions are approximate and are provided for planning purposes only and should not be
considered as a firm commitment. Contractor shall be responsible for exact measurements.
The jogging trail shall, at a minimum, consist of 2" thick PIP rubber material and, is approximately 1,375 ft
long and 6' wide.
Contractor shall be responsible to:
• Clear and grub area for the jogging trail.
• Grade and compact subgrade to allow for the installation of 4" of limerock.
• Install 4" limerock base and compact as required.
• Install 2" thick rubber surface.
Upon completion of the project, a final inspection shall be made by the Contract Administrator or a City
designee.
3. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS AND CODES
23
SCHEDULE OF BID ITEMS AND THE DETAILED SPECIFICATIONS, THE DETAILED SPECIFICATIONS WILL
PREVAIL.
The Bidder further proposes and agrees to comply in all respects with the time limits for
commencement and completion of the Work as stated in the Agreement.
The Bidder agrees to execute the Agreement and furnish the executed Agreement, all required
bonds, insurance certificates, and other required information to City within ten (10) ten calendar
days after written notice of the Award of contract. Failure on the part of the Bidder to timely
comply with this provision shall give City all rights and remedies set forth in the Instructions to
Bidders.
The undersigned agrees to accept as full compensation therefore the total of the lump sum
prices and extended unit prices items named in the following schedule. It is understood that the
unit prices quoted or established for a particular item are to be used for computing the amount
to be paid to the Contractor, based on the Work actually performed as determined by the
Agreement and the City. However, in utilizing the schedule, the Bidder agrees that in no event
shall compensation paid to the Bidder under the Agreement exceed the dollar amount of the
Bidder's Bid amount, asset forth in the attached Bid.
It is intended that all Work to be performed under this Bid shall commence approximately thirty
(30) days after Agreement execution.
In no event shall City be obligated to pay � for Work not performed or materials not furnished.
Bidder's Certificate of Competency NoUyr\
Bidder's Occupational License N
WI NESS: CB
'
�y S nature q Lhorized Agent
[SEAL]
20
SECTION 5
[SPACE LEFT INTENTIONALLY BLANK]
[END OF SECTION]
22
BID FORM
The following is a Lump Sum Bid Proposal is presented to the City. The Bid Amounts includes all items
described in the Bid Documents (Detailed Specifications). Upon receiving a Notice of Award contractor
shall submit a detail schedule of Values. Payment shall be made on the basis of Work actually performed
and completed.
The Base Bid Amount includes all material and labor for the construction of the project entitled "DANTE
FASCELL PARK (PIP) JOGGING TRAIL PROJECT."
LUMP SUM BASE BIDAMOUNT $ tS lc- t
LUMP SUM BASE BID AMOUNT (IN WORDS)0 1 \ `t."f- C(C as '� �, j �,\X� -,
Taxpayer Identification
►1,
(Company Name)
ature of Authorized
(Printed Name and Title)
� y r <7 3
(Company Address )\ p v 1
(Company Phone Number)
[END OF SECTION]
21
Contractor must strictly comply with Federal, State and local building safety codes. Must meet all State
and Federal safety regulations. Certified Test Data that's safety Surfacing meets or exceeds the following:
A. American Society for Testing and Materials (ASTM):
ASTM -F1292 Standards- Method for Testing various surfacing materials to determine their
"critical height" (the fall height below which a life threatening head injury would not be expected
to occur). Copies may be obtained from:
American Society for Testing Materials
100 Barr Harbor Drive
West Conshohocken, PA 19428
B. Consumer Product Safety Commission (CPSC) - Printed Handbook for Public Playground Safety (Latest
edition). Copies may be obtained from:
US Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814
(301) 504 -4973
C. National Playground Safety Institute (NPSI)- identification of 12 leading causes of injuries on
playgrounds. Copies may be obtained from:
National Recreation and Park Association
22377 Belmont Ridge Road
Ashburn, VA 20148 -4150
D. Current Americans with Disabilities Act Guidelines (ADAG). Contractors certify that all products
(materials, equipment, processes, age appropriate signage, or other items supplied in response to this
bid) contained in its bid meet all Federal and State requirements, upon completion of installation of
playground surfacing, contractor shall furnish the City of South Miami a certificate so stating the surfacing
and its installation meet Federal and State requirements as outlined in the publications.
4. CLEAN -UP
Contractor shall:
A. Be responsible for protection of finished surfaces until completion of construction and sign off.
B. Not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be
promptly cleaned.
C. Properly dispose of all material and packing waste before leaving the job site.
D. Be responsible for supplying a dumpster at job site for all waste associated with installation of the
safety surface.
All removal and disposal fees are to be included as part of the rate per square foot as bid.
[END OF SECTION)
24
SECTION 7
ALLOWANCES
[SPACE LEFT INTENTIONALLY BLANK]
25
SECTION 8
ADDENDUM ACKNOWLEDGEMENT FORM
Addendum NDate Received
i
(Printed Name & Title)
[END OF SECTION]
26
STATE OF FLORIDA
SS:
COUNTY OF MIAMI -DADE
SECTION 9
ANTI - KICKBACK AFFIDAVIT
I, the undersigned, hereby duly sworn, depose and say that no port
to any employees of the CITY OF SOUTH MIAMI, its elected officials, and A
its design consultants, as a commission, kickback, reward or gift, directly or
firm or by an officer of the corporation.
Sworn and subscribed before this
dayofi UTAI 2013
Notary Public, State of Flo
(Printed Name)
My commission expires:2l ` \
Mary f bft SP3to of Florida
Tamara L 01912
My Cawwlislan EE023501
Expltes 0910912014
[END OF SECTION]
27
n herein bid will be paid
or
me or any member of my
SECTION 10
NON- COLLUSIVE AFFIDAVIT
State of `v'c }
} SS:
County of, )
LKZ(mo %n�wf ' Q -C(} -- being first duly sworn, deposes and says that:
a) He /she is the rE C (Owner, Partner, Officer, Representative or
Agent) — ` the Bidder that has submitted the attached Proposal;
b) He /she is fully informed respecting the preparation and contents of the attached Proposal and of all
pertinent circumstances respecting such Proposal;
c) Such Proposal is genuine and is not collusive or a sham Proposal;
d) Neither the said Bidder 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 Bidder, 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 proposing in connection with
such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the
attached Proposal or of any other Bidder, or to fix any overhead, profit, or cost elements of the Proposal price
or the Proposal price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or
unlawful agreement any advantage against (Recipient), or any person interested in the proposed work;
e) 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 th Bidder q f any other of its agents,
representatives, owners, employees or parties in interest, including this ally nj. I
gned, sealed and delivered
the presen e of: 3 art - By
Witness
`v ) 1
Witness r \ (Pripted fame)
State of `�'O\Of � Vc _ )
SS;
Count of )
(Title)
Y (�
BEFORE ME, the undersigned authority, personally appeared car ot\- 0'< _ to me
well known and known by me to be the person cl spribed erein and who executed the foregoing Affidavit and
acknowledged to and before me that � (,cxy ) � ZA, Z executed said Affidavit for the purpose
therein expressed. }
WITNESS, my hand and o icial seal this day of V `G�
My Commissi n Expires: ° °x °,�
o84
Notary Public State of Florida a Lar e ' oFr °`
[END OF SEC
28
\1_,2013.
Mlotary Public r State of Florida
Tamara L Ortiz
My Commission EE023581
Expires 0910912.014
SECTION 11
SWORN STATEMENT ON PUBLIC ENTITY CRIMES
SECTION 287.133(3)(a), FLORIDA STATUTES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to the_CITY OF SOUTH MIAMI
by
for
whose business address is
[print individual's name and
[print name of entity submitting sworn statement]
3,4
and (if applicable) its Federal Employer Identification Number (FEIN) isC`1} 1,Cp #t i
(If the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement: M "'
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)98), 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 the United States, including,
but not limited to, any bid or contract for goods and services to be provided to any public entity or an agency or
political subdivision of any other state or of the United States involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation,
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction or 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 1, 1989, as
a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. 1 understand than 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
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
29
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. 1 understand that a "person" as defined in Paragraph 287.133(1)(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 applies to bid 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 the management of an entity.
6. Based on information and belief, the statement that 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 officers, directors, executives, partners,
sharehold rs, employees, members, or agents who are active in the management of the entity, not any affiliate of
the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
This 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 to July 1, 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
IDENTIFIED IN PARAGRAPH 1 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 HAT 1 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 �TATUT FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. /
Signature ofXntit jSubmitting Sworn Statement
Sworn to and subscribed before me this, day of M , , 2013.
Personally known � e,h2(mo l '`y�Tl` L' L
n
OR produced id tification Notary Public — Stat G
-' '' oa°'Y Pae� Notary Public SfAla pi Florida
30 � ': Tamara I. Urtiz
'� � � o° My Commission e�p$3k61
�` or r�ae` Expire! g01g6 /ggY4
(type of identification)
t
rtiYl�.—
My commission ez ' es
(Printed, typed or stamped Commissioned N
[END OF SECTION]
31
Notary Public State of Florida
Tamara L Ortiz
e v -Cl laalon EE0235BI
SECTION 12
SUPPLEMENT TO BID /TENDER FORM
THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE.
QUALIFICATION STATEMENT
The undersigned guarantees the truth and accuracy of all statements and the answers contained herein.
1. Please describe your company in detail.
i> Q- C'E
2. The address of the principal) place of business is:
3. Company telephone number:
4. Number of employees:
Y7��
5. Number of employees assigned to this project:
I
6. Company Identification numbers for the Internal Revenue Service:
7. Miami -Dade County and CITY OF SOUTH MIAMI Occupational License Number, if applicable, and expiration
date. lS)C u5 '� -_, ({ Y e a 9 � �° )
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8. How many years has your organization been in business?
9. What similar engagements is your company presently working on?
\ c G.c mil \ \ 'N' c
10. Have you ever failed to complete any work awarded to you? If so, where and why?
C'(D
11. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or
institutions for which you have performed similar work both in scope and cost:
1.�(name) (address) (phone #)
r-
\
12 S �i - K c
`, (name) (address) (phone #)
- <CUf\i ;`r' W
(name) (address) (phone #)
12. List the following information concerning all contracts in progress as of the date of submission of this bid.
(In case of co- venture, list the information for all co- ventures.)
NAMEOF
PROJECT
OWNER
TOTAL CONTRACT
VALUE
CONTRACTED DATE OF
COMPLETION
PERCENT OF
COMPLETION TO
DATE
(Continue list on insert sheet, if necessary.)
33
13. Has the Bidder or his or her representative inspected the proposed project and does the Bidder have a
complete plan for its performance?
'�' �-Q -'
14. Will you subcontract any part of this work? If so, include a list of subcontractors and task performed by
each subcontractor.
The foregoing list of subcontractor(s) may not be amended after award of the contract without the prior written
approval of the Contract Administrator, whose approval shall not be unreasonably withheld.
15. What equipment do you own that is \available for the work ??
16. What equipment will you purchase for the proposed work?
17, What equipment will you rent for the proposed work?
18. State the name of your proposed project manager and give details of his or her qualifications and
experience in managing similar work.
r'
C\tvck (-Q,—, ` R_�
R �, ttc �, ��, QD'\ t`
19. State the true, exact, correct and complete name of the partnership, corporation or trade name under
which you do business and the address of the place of business. (If a corporation, state the name of the
president and secretary. If a partnership, state the names of all partners. If a trade name, state the
names of the individuals who do business under the trade name.)
19.1 The correct name of the Bidder is:
19.2. The business is (Sole Proprietorship) (Partnership) (Corporation).
19.3. The names of the corporate officers, or partners, or individuals doing business under a trade
name, are as follows:
�Vr\
19.4. List all organizations which were predecessors to Bidder or in which the principals or officers of
the Bidder were principals or officers.
�,)trA
19.5. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5)
years. Include in the description the disposition of each such petition.
OV\
19.6. List and describe all successful Bid, Performance or Payment Bond claims made to your surety(ies)
during the last five (5) years. The list and descriptions should include claims against the bond of
the Bidder and its predecessor organization(s).
35
19.7. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder
or its predecessor organization(s) during the last five (5) years. The list shall include all case
names; case, arbitration or hearing identification numbers; the name of the project over which
the dispute arose; and a description of the subject matter of the dispute.
STATE OF FLORIDA )
)SS.
COUNTY OF RDE )
T e forego ng instrument was acknowledged before me this day of 2013, by
who is erp sonally _known to me or wh has produced
as identification and who VW -4 not take an oath.
WITNESS my hand and official seal, this V6 day of ` W 2013.
a00gr "�q, NGfery t'uGhC t3(:rte pf G'IptlAu
'C4}ItYnnl � tJrili
�nrr.��xp� €eOGilUgtk @iatl 5861 [NOTARY SEAL]
(Signature of person
[END OF SECTION]
36
Jarrod Pike, Construction Manager
Jarrod has worked in the construction industry since 1997. He has experience in both residential and
commercial projects as a construction manager. Starting in North Carolina, Jarrod managed construction
projects for many multifamily dwellings and municipalities in the area. Since in Florida, he has worked as
a crew member and has managed many commercial projects that included site work, foundation work
and structural erection. Jarrod has 9 years of experience quoting and managing residential, commercial
and government projects and has volunteered his leadership to city and local charity playground
projects.
Projects:
Health First, Viera Hospital
Valued at $375,000
As a Subcontractor, managed the site work to include grading, Irrigation, landscaping and lighting.
Worked in conjunction with Bovis General Contractors and PAVCO to complete job on time without
incident. Completed 2011.
Vero Beach Elementary
Valued at $165,000
As Construction Manager, coordinated operations on relocating and installing playgrounds and creating
a safe environment in a public school setting. Worked with the School Board of Indian River County and
Proctor Construction to complete project in a timely manner with no incident. Completed 2012.
Slomin Family Center Valued at $55,000
As Construction Manager, worked with the architects of Ocampo & Associates and owner to create an
interpretive nature trail for children's autistic learning center. Worked closely with all parties involved to
remedy adverse site conditions and provide an aesthetically pleasing and functioning area. Project
completed ahead of schedule in 2012.
Health First Child Development Center Valued at $130,000
As Construction Manager, involved in planning and fulfillment of installation of four playground
environments. Each playground to be completed on different schedules and to be done without any
disruption to child careactivities. Project currently in Progress
SECTION 13
PERFORMANCE BOND
PROJECT TITLE: " DANTE FASCELL PARK (PIP) JOGGING TRAIL PROJECT." (the "Project ")
CONTRACTOR:
CONTRACT NO: CONTRACT DATED:
STATE OF
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That by this Bond, we,
of the City of
County of , and State of , as
Principal, and , authorized, licensed and admitted to do business under the
laws of the State of Florida to act as Surety on bonds, as Surety, are held and firmly bound unto The CITY OF
SOUTH MIAMI, as Obligee, in the penal sum of Dollars
($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written Agreement with Obligee, dated the _ day of
2013, for the construction of the Public Works Improvements (the "Contract "), which
Agreement is by reference made a part of this Bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, IS SUCH THAT, if the said Principal shall faithfully
perform said Agreement and shall in all respects fully and faithfully observe and perform all and singular the
covenants, conditions, warranties and agreements in and by said Agreement agreed and covenanted by the
Principal to be observed and performed, and according to the true intent and meaning of said Agreement, then
this obligation shall be void; otherwise it shall remain in full force and effect.
Whenever Principal shall be declared by Obligee to be in default under the Agreement, Obligee having performed
Obligee's obligations thereunder, the Surety shall promptly remedy the default, or shall promptly:
(1) Complete the Agreement in accordance with its terms and conditions; or
(2) Obtain a bid or bids for completion of the Agreement in accordance with its terms and conditions and
upon determination by Surety of the lowest responsive, responsible bidder, or, if Obligee elects, upon
determination by Obligee and the Surety jointly of the lowest responsive, responsible bidder, arrange for
a contract between such bidder and Surety for completion of the Agreement in accordance with its
terms and conditions, and make available as work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding
the amounts set forth in the first paragraph hereof.
The term "balance of the Contract price" as used in this Bond, shall mean the total amount payable by Obligee to
Principal under the Agreement and amendments thereto, less the amount paid by Obligee to Principal and less
amounts withheld by Obligee pursuant to its rights under the Contract.
37
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement, or to the work performed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in any way affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be
performed thereunder and further agrees to all of the terms contained in the Agreement.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Obligee
named herein or the heirs, successors, executors or administrators of the Obligee.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this_ day of
, 2013.
Principal
(Print)
Address:
Witness:
Surety
Nam
Address:
The name and address of the Resident Agent for service of process on Surety is:
Nam
[END OF SECTION]
38
(Print)
PROJECT TITLE:
CONTRACTOR:
AGREEMENT NO:
STATE OF
COUNTY OF
SECTION 14
PAYMENT BOND
DANTE FASCELL PARK PIP JOGGING TRAIL the "Project"
BY THIS BOND (the "Bond "), We as
AGREEMENT DATED:
called CONTRACTOR, and
hereinafter called SURETY, are bound to CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation, hereinafter
called City, in the amount of
Dollars for payment of which CONTRACTOR and SURETY bind themselves, their heirs, personal
representatives, executors, administrators, successors and assigns, jointly and severally, with reference to a written
Agreement entered into by CONTRACTOR and City, for the following:
Agreement Title:
DANTE FASCELL PARK PIP JOGGING TRAIL (the "Project')
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
Promptly makes payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying CONTRACTOR
with labor, material, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the work provided
for in the Agreement;
THEN THIS BOND IS VOID, OTHERWISE, IT REMAINS IN FULL FORCE.
Any changes in or under the Contract Documents and compliance or noncompliance with formalities, connected
with the Agreement or with the changes, do not affect Surety's obligation under this bond. Surety hereby waives
notice of any alteration or extension of time made by the City.
Claimants must comply with notice requirements set forth in Section 255.05(2), Florida Statutes. No action shall be
instituted against the CONTRACTOR or Surety under this bond after one (1) year from the performance of the labor or
completion of the delivery of the materials or supplies.
IN WITNESS WHEREOF, this instrument is executed this the day of 2013.
WHEN THE PRINCIPAL IS AN INDIVIDUAL:
Signed, sealed and delivered in the presence of:
39
(Witness)
(Witness)
(Individual Principal)
Business Address
WHEN THE PRINCIPAL OPERATES UNDER A TRADE NAME:
Signed, sealed and delivered in the presence of:
(Witness)
(Witness)
WHEN A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
(Witness)
(Witness)
WHEN THE PRINCIPAL IS A CORPORATION:
ATTEST:
[Corporate Seal]
Secretary
ATTEST:
[Surety Seal]
Business Name and Address
By:
Signature of Individual
Name ana Aacress or Partnersnlp
(Partner)
(Corporate PRINCIPAL Name)
Business Address
Bv:
President
(Corporate SURETY)
Business Address
40
By:
(Secretary) (Surety)
Florida Resident Agent
ATTORNEY -IN -FACT
(Type)
NOTE 1: Surety shall provide evidence of signature authority, i.e., a certified copy of Power of Attorney
NOTE 2: If both the Principal and Surety are Corporations, the respective Corporate Seals shall be affixed and
attached
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the State of Florida.
ATTACH a certified copy of Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance
Bond on behalf of Surety.
The Performance Bond and the Statutory Payment Bond and the covered amounts of each are separate and distinct
from each other.
[SPACE LEFT INTENTIONALLY BLANK]
[END OF SECTION]
41
SECTION 15
DRUG -FREE WORKPLACE FORM
ndersigned ve dor in accordance with Section 287.087, Florida Statutes, hereby certifies that
kt N rn px rye 5 7 pry does:
(
Aie of Business)
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's 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 (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer 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) 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 efff rt to continue to maintain a drug -free workplace through implementation of this
sect!on.
As the person auto4rized1to,�ign the statement, I certify that this firm complies fully with the above requirements.
roposers
[END OF SECTION]
42
[� N
Date
SECTION 16
RELATED PARTY TRANSACTION VERIFICATION FORM
individually and on behalf of
have read the Nity 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:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or
business that 1, and /or the firm, am(are) about to perform for, orto transact with, the City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A -1, 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, and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
(use a separate sheet to supply additional information that will
not fit on this line but make reference to the additional sheet which must be signed under oath).
(4) no elected and /or appointed official or employee of the City of Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financially 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 names:
(use a separate sheet to supply additional information that will
not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all
City employees and that of all elected and /or appointed city officials or board members, who own, directly or
indirectly, an interest of five percent (5 %) or more of the total assets of capital stock in the firm areas follows:
-- (use a separate sheet to supply additional information that will not fit on this
line but make reference to the additional sheet which must be signed under oath).
(5) 1 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) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other than as
follows: (use a separate sheet to supply additional information that will not fit
on this line but make reference to the additional sheet which must be signed under oath). Neither I nor any
43
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:
(use a separate sheet to supply additional information that will not fit on this
line but make reference to the additional sheet which must be signed under oath).
(7) 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 (i.e., spouse,
parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as
"Related Parties ") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who
has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le,
spouse, parents, children, brothers and sisters) have also responded, other than the following:
(use a separate sheet to supply additional information that will not fit on
this line but make reference to the additional sheet which must be signed under oath).
(8) 1 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, afterthe opening of any
responses to a solicitation, I and the Firm have an obligation to supplementthis 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.
(9) 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 a cl'or any penalties allowed by law. Additionally, violations may be considered
by and subject to action by the iami -Dade County Commission on Ethics.
Under penalty of perjur , I dec are'hat I have made a diligent effort to investigate the matters to which I am
attesting ereinabove n tha th statements made hereinabove are true and correct to the best of m
g f. Y
knowledge, informatio nd el' f.
Print Name & Title* —(Nb \V`71
Date:�f ±\
44
RELATED PARTY TRANSACTION VERIFICATION FORM
We; :..1`�- tV�.<'4`a-- y'4_�, (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACT Rs for the DANTE FASCELL PARK PIP JOGGING TRAIL 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 and Consultant against
any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub - consultant's
names):
to comply with
CONTRACTOR
n.
BY:� xZ arZ X J "Z AGE
Name pp
Title
45
Witness
Section 8A -1 CODE OF ETHIC
Sec. 8A -1. - 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:
(1) The term "commission members" shall refer to the mayor and the members of the city
commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities,
boards and agencies, such as the city community redevelopment agency and the health
facilities authority.
(3) The term "quasi- judicial personnel" shall refer to the members of the planning board, the
environmental review and preservation board, the code enforcement board and such
other individuals, boards and agencies of the city as perform quasi - judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards
and agencies whose sole or primary responsibility is to recommend legislation or give
advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager,
department heads, the city attorney, and all assistants to the city clerk, city manager and
city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial
benefit conferred, or to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of
ten percent or more of the outstanding capital stock in any corporation or a direct or
indirect interest of ten percent or more in a firm, partnership, or other business entity at
the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and
sisters of the person involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific
goods or services for consideration and to submitting a bid, a proposal in response to a
RFP, a statement of qualifications in response to a request by the city, or entering into
contract negotiations for the provision on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city. No person included in the terms defined in
paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business
46
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 effect forfeiture of office or position.
Nothing in this subsection shall prohibit or make illegal:
(1) 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:
(1) An open -to -all sealed competitive proposal has been submitted by a city person as
defined in paragraphs (b)(2), (3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of
the practice of architecture, professional engineering, or registered land surveying, as
defined by the laws of the state and pursuant to the provisions of the Consultants'
Competitive Negotiation Act, and when the proposal has been submitted by a city person
defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the
city cannot avail itself of such property or services without entering a transaction which
would violate this subsection but for waiver of its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may
in no case ratify a transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed
to amend or repeal any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city. No person included in the terms defined
in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any
business through a firm, corporation, partnership or business entity in which that person or any member
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)(1) shall vote on or participate in any way in any matter
presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city
commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
47
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter
would affect the person defined in paragraph (b)(1) in a manner distinct from the manner
in which it would affect the public generally. Any person included in the term defined in
paragraph (b)(1) who has any of the specified relationships or who would or might,
directly or indirectly, realize a profit by the action of the city commission shall not vote on
or participate in anyway in the matter.
(e) Gifts.
(1) Definition. The term "gift" shall refer to the transfer of anything of economic value,
whether in the form of money, service, loan, travel, entertainment, hospitality, item or
promise, or in any other form, without adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is
a conduit on behalf of a third partyto the delivery of a gift that is
prohibited under paragraph (3);
C. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely
informational or of an advertising nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor
demand any gift. It is also unlawful for any person or entity to offer, give or agree to give
to any person included in the terms defined in paragraphs (b)(1) through (6), or for any
person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree
to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or
an omission or failure to take a public action;
b. A legal duty performed or to be performed, or which could be performed,
or an omission or failure to perform a legal duty;
C. A legal duty violated or to be violated, or which could be violated by any
person included in the term defined in paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to
be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall
disclose any gift, or series of gifts from any one person or entity, having a value in excess of
$25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter
112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the
form with the clerk of the county and with the Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city. Should any person
included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm,
partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial
business commitments to or from the city or any city agency, or be subject to direct regulation by the city
or a city agency, then the person shall file a sworn statement disclosing such employment and interest
with the clerk of the city.
48
(g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs
(b)(1) through (6) shall corruptly use or attempt to use an official position to secure special
privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information. No person included in the terms defined in
paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional
activity which one might reasonably expect would require or induce one to disclose confidential
information acquired by reason of an official position, nor shall that person in fact ever disclose
confidential information garnered or gained through an official position with the city, nor shall
that person ever use such information, directly or indirectly, for personal gain or benefit.
(i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1)
through (6) shall accept other employment which would impair independence of judgment in the
performance of any public duties.
(j) Prohibition on outside employment.
(1) 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 1 -11 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 orgroups of employees for good cause.
(k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) 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.
(1) Certain appearances and payment prohibited.
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(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall
appear before any city board or agency and make a presentation on behalf of a
third person with respect to any matter, license, contract, certificate, ruling,
decision, opinion, rate schedule, franchise, or other benefit sought by the third
person. Nor shall the person receive any compensation or gift, directly or
indirectly, for services rendered to a third person, who has applied for or is
seeking some benefit from the city or a city agency, in connection with the
particular benefit sought by the third person. Nor shall the person appear in any
court or before any administrative tribunal as counselor legal advisor to a party
who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall
appear before the city commission or agency on which the person serves, either
directly or through an associate, and make a presentation on behalf of a third
person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor
shall such person receive any compensation or gift, directly or indirectly, for
services rendered to a third party who has applied for or is seeking some benefit
from the city commission or agency on which the person serves in connection
with the particular benefit sought by the third party. Nor shall the person appear
in any court or before any administrative tribunal as counsel or 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)(1) 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 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)(1) through
(6) shall acquire a financial interest in a project, business entity or property at a time when the person
believes or has reason to believe that the financial interest may be directly affected by official actions or
by official actions by the city or city agency of which the person is an official, officer or employee.
(o) Recommending professional services. No person included in the terms defined in paragraphs
(b)(1) 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.
(1) No person included in the terms defined in paragraphs (b)(1), (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)(1) through (6)) in connection with anyjudicial or
other proceeding, application, RFP, RFQ, bid, request for ruling or other determination,
contract, claim, controversy, charge, accusation, arrest or other particular subject matter
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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, 501(c)(3) non - profit entities or educational institutions or entities,
and who lobby on behalf of those entities in their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1)
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)(1) 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)(1) in which the city or one of its
agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval,
recommendation, the rendering of advice, investigation; or otherwise, during his or her
city service or employment. A person participated "directly' where he or she was
substantially involved in the particular subject matter through decision, approval,
disapproval, recommendation, the rendering of advice, investigation, or otherwise, during
his or her city service or employment. A person participated "indirectly" where he or she
knowingly participated in any way in the particular subject matter through decision,
approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this
paragraph shall execute an affidavit on a form approved by the city attorney prior to
lobbying any city official attesting that the requirements of this subsection do not
preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in
section 8A -2(p).
(q) City attorney to render opinions on request. Whenever any person included in the terms defined
in paragraphs (b)(1) 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.
[END OF SECTION]
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SECTION 17
CONTRACT GENERAL CONDITIONS
ARTICLE 1— 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
Documents. 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, these definitions shall not apply unless the
word, in the context of its use in the Contract Document in question, is ambiguous and open for interpretation. In
addition, these definitions shall also not apply to contradict a definition that is given in a specific provision of a
Contract Document:
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: The form furnished by the CONSULTANT which is to be used by the
CONTRACTOR in requesting progress payments.
Bid: the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the
Work to be performed.
BIDDER: Any person, firm or corporation submitting a Bid for Work.
Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the
State of Florida.
Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion
or revision in the Work, or an adjustment in the Contract Price of the Contract Time issued after execution of the
Contract.
CITY: City of South Miami, 6130 Sunset Drive, South Miami, FL 33143.
Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work
performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as
his representative. The CONTRACTOR shall be notified in writing of the identity of this representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract all Bid
Documents including but not limited to the REQUEST FOR PROPOSAL, CONTRACTOR'S Bid, the Bonds Insurance
Certificates and the Notice of Award, the Notice to Proceed, these 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 and Acknowledgment of Conformance with the City of South Miami.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the
CITY'S governing body.
CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract.
CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as
designated by the CITY in writing and delivered to the CONTRACTOR.
Day: A period of twenty -four hours measured from the beginning of the day at 12:01 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
52
commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the
Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S
recommendation of final payment (unless responsibility for the protection thereof has been delegated to the
City); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and
equipment; materials and equipment furnished under the Contract that are not good quality and new unless
otherwise required or permitted by the Contract Documents.
Drawings: The drawings which show the character and scope of the Work to be performed and which
have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract
Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph
10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change
Order signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in
accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon
compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and
deliver the Contract to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the
date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its
obligations under the Contract Documents.
Person: An individual or legal entity.
Project: The entire construction operation being performed as delineated in the Contract Documents.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are
prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the
equipment, material or some portion of the work and as required by the Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project
or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the
Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or
limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification,
the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or
portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is
lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the
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fabrication of an item, but who does not perform labor at the site of the Work.
Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for
the full and faithful performance of the Contract and for the payment of all labor, services and materials used on
the project.
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and
completion of the Contract.
Notice: The term "Notice' as used herein shall mean and include all written notices, demands,
instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements.
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such
individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address.
Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered
to the CITY's Manager and the CONSULTANT.
ARTICLE 2 — PRELIMINARY MATTERS
Award:
2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded by the
CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has
concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which Bidder is the
most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in
accordance with the Contract Documents, The CITY reserves the right to reject the Bid of any Bidder who is not
believed to be, in the sole discretion and satisfaction of the City, to be sufficiently responsible, qualified and
financial able to perform the work. In analyzing a Bid, the CITY may also take into consideration alternate and unit
prices, if requested by the Bid forms. If the Contract is awarded, the CITY shall issue the Notice of Award and give
the successful Bidder a Contract for execution within 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 written notice of designated supervisor or superintendent as provided in Section 6.1 of the General
Conditions, a detail schedule of values and such other Documents as required by the Contract Documents shall be
executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of
Award. A Contract Document that requires the signature of a party may be executed in counterparts separately
by each of the parties and, in such event, each counterpart separately executed shall, without proof or accounting
for the other counterpart be deemed an original Contract Document.
Forfeiture of Bid Security /Performance and Payment Bond:
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price
guaranteeing to CITY the completion and performance of the Work covered in such Contract as
well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5, 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. The Performance
Bond shall be conditioned that CONTRACTOR shall, upon notification by CITY, correct any patent
defective or faulty Work or materials which appear within one year after final completion of the
Contract and shall, upon notification by CITY, correct any latent defective or faulty Work or
materials which appear within five year after final completion of the Contract.
2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County
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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 will 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 Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to
annul the Notice of Award and declare the Bid and any security therefore forfeited.
Contractor's Pre -Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner
affect performance of the Work, and represents that it has correlated its study and observations with the
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 1), prior to the
date on which the Contract Time commences to run, except with the written consent of the CITY
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements
and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which
it may discover. Neither the CITY nor the CONSULTANT shall be liable for any harm, damage or loss
suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the
Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm,
damage or loss suffered by the CONTRACTOR due to any conflict, error, or discrepancy in the Contract
Documents.
Schedule of Completion:
2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating
the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop
Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within
seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project,
the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special
Conditions.
2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but before
starting the Work at the site, a pre- construction conference shall be held to review the above schedules,
to establish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment, and to establish a working understanding between the parties as to the
Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives, CONTRACTOR and its Superintendent.
55
Qualifications of Subcontractors Material men and Suppliers:
2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and
such other persons and organizations (including those who are to furnish principal items of materials or
equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other
persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30)
calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the
CITY or the CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such
list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or
organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of
such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or
organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective
Work, material or equipment, or any Work, material or equipment not in conformance with the
requirements of the Contract Documents.
2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without an increase in its bid price.
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 CITY and the CONTRACTOR. They may be altered only by a modification as defined in Article
1.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it shall,
before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's attention in
writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the
more stringent interpretation and requirement that shall provide the maximum benefit to the City shall
apply
3.3 The words "furnish" and "furnish and install ", "install ", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service ".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as
obtain the best workmanship possible for the entire Project, and all components of the Work shall be
installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If he is prevented from so doing by any limitations of the Drawings or Specifications, the
CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding
with construction in the area where the problem limitation exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or
56
other data published by regulating agencies or accepted organizations, including but not limited to
National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications,
ASTM Specifications, various institute specifications, and the like, it shall be understood that such
reference is to the latest edition including addenda in effect on the date of the Bid.
3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent ", when used in
connection with brand names, shall be interpreted to mean a material or product that is similar and equal
in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the
material or product specified by trade name, and that is suitable for the same use capable of performing
the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal ", the CONTRACTOR shall use the brand, make and model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.11 In the event that there is a conflict between or among the Contract Documents, only the latest version
shall apply and the latest version of the following documents which are set forth in the order of their precedence
so that all the documents listed above a given document shall have precedence over all the documents listed
below it.
(a) Amendments and Change Orders
(b) Addenda to drawingd
(c) Drawings
(d) Drawings of a larger scale
(e) Drawings of a smaller scale
(f) Written dimensions
(g) Scaled dimensions
(h) Specifications
( i) Solicitation Documents unless the contract expressly excludes them or their provisions
( 1) Solicitation letter
( 2) Instructions to Repsondent /Bidder
( 3 ) Request for Proposal /Bid (RFP), with all Exhibits thereto, and with
Exhibits taking precedence over the RFP
(j) Contract with all Exhibits thereto and with Exhibits taking precedence over the Contract.
(k) Special Conditions with all Exhibits thereto, and with Exhibits taking precedence over the Special
Conditions.
( 1) Supplemenary Conditions, with all Exhibits thereto, and with Exhibits taking precedence over the
Special Conditions; and
(m) General Conditions.
ARTICLE 4— AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be
done, rights -of -way for access thereto, and such other lands which are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by the CITY, unless otherwise specified in the Contract Documents. Other access to
such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of the
CONTRACTOR.
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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.
1.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the
conditions affecting the Work, including but not limited to those bearing upon transportation, disposal,
handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of
weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and
conditions of the ground, the character of equipment and facilities needed preliminary to and during
prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the
character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar
as this information is reasonably ascertainable from an inspection of the site, including all exploratory
work done by the CITY/ CONSULTANT on the site or any contiguous site, as well as from information
presented by the Drawings and Specifications made part of this Contract, or any other information made
available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available
information shall not relieve it from responsibility for estimating properly the difficulty or cost of
successfully performing Work. The CITY assumes no responsibility for any conclusions or interpretations
made by the CONTRACTOR on the basis of the information made available by the CITY/ CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are
disturbed, notify the CITY in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and
4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of, or the time required for, performance of any part of the Work under this Contract, an
equitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the
notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the
CITY, but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE 5 — INSURANCE
Insurance Provisions
5.0 The Contractor shall purchase insurance from and shall maintain the insurance with a company or
companies lawfully authorized to do business in the State of Florida as will protect the Contractor from
claims as set forth below which may arise out of or result from the Contractor's operations under the
Contract and for which the Contractor may be legally liable, whether such operations be by the
Contractor 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:
5.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts
which are applicable to the Work to be performed;
5.0.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor's employees;
5.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person other
than the Contractor's employees;
5.0.4 claims for damages insured by usual personal injury liability coverage;
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coverage afforded under the policies shall not be canceled or materially changed until at least thirty (30)
calendar days prior written notice has been given by the insurer to the CITY and CONSULTANT by certified
mail. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and
authorized to issue insurance in the State of Florida.
5.3 The CONTRACTOR 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 and 5.2 above and substituting the word
SUBCONTRACTOR for the word CONTRACTOR where applicable.
Fire and Extended Coverage Insurance (Builders' Risk):
5.4 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, Fire, Extended Coverage and
Vandalism & Malicious Mischief Insurance on buildings and structures, while in the course of
construction, including foundations, additions, attachments and all permanent fixtures belonging to and
constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the
cost of machinery is included in the Contract, or if the machinery 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
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.
5.5 The CONTRACTOR shall provide the CITY with satisfactory evidence certifying that the foregoing insurance
is in force; and such evidence shall include provisions that the insurance shall not be canceled or
materially changed until at least thirty (30) calendar days prior written notice has been given by the
insurer to the CITY by certified mail.
Cancellation and Re- Insurance:
5.6 If any notice of cancellation of insurance or changed by the insurance company or should any insurance
have an expiration date that will occur during the period of this contract, the CONTRACTOR 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.
5.7 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the option
of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall
procure a Bond, in a form satisfactory to the CITY covering the same.
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,
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5.0.5 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;
5.0.6 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;
5.0.7 claims for bodily injury or property damage arising out of completed operations; and
5.0.8 claims involving contractual liability insurance applicable to the Contractor's obligations under the
Contract.
Contractor's Liability Insurance:
5.1 CONTRACTOR 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 set forth below:
5.1.1 Worker's Compensation insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In
addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The
CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of
Worker's Compensation Insurance.
5.1.2 Comprehensive General Liability insurance with broad form endorsement, on a Florida approved
form including automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage liability with
limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Automobile Liability: $1,000,000 each accident /occurrence.
• Excess /Umbrella: $1,000,000 per claim
Excess /Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form
with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim.
Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and
must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and /or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and /or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
5.1.3 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. 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 the Insurance Services Office, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non - Ownership
5.2 Before starting the Work, the CONTRACTOR shall file with the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, the name, address and telephone number of the insurance agent or
broker through whom the policy was obtained; these certificates shall contain a provision that the
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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 lay out the Work and perform
construction as required by the Contract Documents. It shall at all times maintain good discipline and
order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing, initial operation and completion of
the Work.
6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents.
When special makes or grades of material which are normally packaged by the supplier or manufacturer
are specified or approved, such materials shall be delivered to the site in their original packages or
containers with seals unbroken and labels intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors,
except as otherwise provided in the Contract Documents.
Materials Equipment Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed
materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within 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.
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6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no
delay in Work, all samples required by the Contract Documents.
All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents,
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his review
shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings
and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall
notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in
conflict with each submission or re- submission. The CONTRACTOR'S stamp of approval on any Shop
Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the
CONTRACTOR has either determined and /or verified all quantities, dimension, field construction criteria,
materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they
have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the
Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each
approved sample shall be kept in good order, in a book or binder, in chronological order or in such other
order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available to
the CONSULTANT.
6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from his
responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of submission and
the CONSULTANT has given written approval to the specific deviation, nor shall any review by the
CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings
or samples.
6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its failure to
notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in
the Shop Drawings or samples.
Cleaning Up:
6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the
CITY, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and
rubbish as well as all other material and equipment that does not form a part of the Work, from the
property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Work so as to
leave the whole Work and Work Site in a neat and presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable
obstruction to public travel. The convenience of the general public and of the residents along and
adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation
and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a
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When such charges are normally made by the CITY and when so stated in the Special Conditions, there
will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, in
obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges.
Electrical Power and Lighting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required
by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT.
Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and
proper workmanship, for inspection or for safety. No temporary power shall be used off temporary
lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the
Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it shall
give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an
appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs
arising there from; however, it shall not be its primary responsibility to make certain that the Drawings
and Specifications are in accordance with such laws, ordinances, rules and regulations.
Taxes:
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the
Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or lass 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 11 and 12.
Shop Drawings and Samples:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT
for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at
the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by
and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and
identified as the CONSULTANT may require. The data shown on the Shop Drawings shall be complete
with respect to dimensions, design criteria, materials of construction and the like to enable the
CONSULTANT to review the information without any unnecessary investigation.
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Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the CONSULTANT may
have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has
been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good
cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons
and organizations directly or indirectly employed by it and of persons and organizations for whose acts
any of them may be liable to the same extent that they are responsible for the acts and omissions of
persons directly employed by them. Nothing in the Contract Documents shall create any contractual
relationship between CITY or CONSULTANT and any Subcontractor or other person or organization having
a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT
to pay or to see to payment of any persons due subcontractor or other person or organization, except as
may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other
person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on
account of specified Work done in accordance with the schedule values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any
specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions
of the Contract Documents for the benefit of the CITY.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of
Subcontractors, and give the CONTRACTOR the same power as regards to terminating any
subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the
Contract Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the
CONTRACTOR if and when directed by the CONSULTANT in writing.
Patent Fees and Royalties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including attorney's
fees) arising out of any infringement of such rights during or after the completion of the Work, and shall
defend all such claims in connection with any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties
materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for such
determination on systems which do not involve purchase by them of materials, appliances and articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of his Bid.
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conspicuous position, at such locations as traffic demands. At any time that streets are required to be
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South Miami
Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants
and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall provide on -site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in
a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
6.32 Unless prohibited by law, or by the terms of applicable and viable insurance policies required by the
Contract Documents, of a solvent insurer whose policy covers the same matters as described herein, the
Contractor shall indemnify and hold harmless the CITY and the CONSULTANT, as well as their agents and
employees or any of them from and against claims, damages, losses and expenses, including but not
limited to attorneys' fees, received or sustained by any person or persons during or on account of or
arising out of any operations connected with the Work, but only to the extent caused by the negligent
acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they are liable. In consideration of the separate sum of One Hundred Dollars
($100.00) or other valuable consideration, CONTRACTOR shall indemnify and hold harmless the CITY and
the CONSULTANT from any claim, damage, loss or expense that is caused in part by a party indemnified
hereunder. This indemnification provision is cumulative with all other remedies or other indemnification
provisions contained in the Contract Documents.
6.33 In the event that any action or proceeding is brought against CITY 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 CITY or CONSULTANT, excluding
only those claims that allege that the injuries arose out of the sole negligence of CITY 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.
6.35 All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part.
Responsibility for Connection to Existing Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work,
existing building or structure or Work previously installed as required by the Drawings and Specifications
to provide a complete installation.
6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of-
ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall
be done in accordance with requirements of the special conditions. The CITY will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
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.
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6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement,
storm drainage structures, and other items which must be established by governmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently
early in the construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments Public Utilities Etc
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as "third parties ") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
etc., including incidental structures connected therewith, that are encountered in the Work in order that
such items are properly shored, supported and protected, that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the
performance of his Work, shall permit entrance of such third parties on the Project in order that they may
perform their necessary work, and shall pay all charges and fees made by such third parties for their work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to
work to be done by governmental departments, public utilities, and others in repairing or moving
poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way
possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and regulations
which in any manner affect those engaged or employed in the Work, or materials and equipment
use in or upon the Work, or in any way affect the conduct of the Work, and no plea of
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.
638.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and CITY
as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its
employees, subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be
fenced to protect the job site and the general public.
6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and located
where directed and approved by the CONSULTANT. All such facilities shall be furnished in strict
accordance with existing governing regulations. Field offices shall include telephone facilities.
Protection of Existing Property Improvements:
6.39 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or
noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall be
restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of
Contract.
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ARTICLE 7 — WORK BY OTHERS
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefore
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the CITY, if it is performing the additional Work
itself), reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT in writing any
defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its
several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other
contractor whose work will be affected.
7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the CITY or others will cause the CONTRACTOR additional
expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided
in Articles 11 and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or shall
leave chases, slots and holes as required to receive and to conceal within the general construction Work
the work of such other separate contractors as directed by them. Where such chases, slots, etc., are
impracticable, the Work shall require specific approval of the CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all
patching and finishing of the work of other contractors where it is cut by them and such patching and
finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of the
Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the CONSULTANT
immediately and in writing. Lack of such notice to the CONSULTANT shall be construed as acceptance by
the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper
coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
ARTICLE 8— CITY'S RESPONSIBILITIES
8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT whose
status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of them under the Contract Documents.
8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions
of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof
may not have expired; but such taking possession and use shall not be deemed an acceptance of any
Work not completed in accordance with the Contract Documents.
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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 1 through 16 of these General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms of
the Contract Documents.
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and
other matters in question between the CITY and the CONSULTANT arising out of or relating to this
Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the
State of Florida.
Visits to Site:
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing
assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the
Construction Documents and applicable laws, rules and regulations. On the basis of these on site -
observations as an experienced and qualified design professional, he shall keep the CITY informed of the
progress of the Work and shall guard the CITY against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and Interpretations:
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of
the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and /or interpretation it shall be required to submit a timely claim as provided in
Articles 11 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 1. It shall also have authority to require special inspection or testing of the Work including Work
fabricated on or off site, installed or completed as provided. In the event that the CONSULTANT requires
testing of completed Work, the cost of such inspections and /or testing shall be approved in writing by the
CITY. All consequential cost of such inspections and testing, including but not limited to the cost of
testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move
furniture and equipment and /or the cost to provide alternative facilities until the repair work can be
completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work.
Shop Drawings, Change Orders and Payments:
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25
through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, 11, 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.
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Limitations on Consultant's Responsibilities:
9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or
procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 - CHANGES IN THE WORK
10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon
receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall
be performed under the applicable conditions of the Contract Documents. If any authorized written
Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the
Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A written
Change Order signed by the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms
of the Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness
and value of the change in the Work as well as to any change in the time to complete the Work under the
circumstances. The failure to include a time extension in the Change Order or in the request for a change
order shall result in a waiver of any extension of time due to the change in the work as reflected in the
Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and
not inconsistent with the overall intent of the Contract Documents without the need for a formal written
Change Order provided the CONTRACTOR does not request additional time or additional compensation.
These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or
alteration authorized by the CONSULTANT's Field Order would entitles the CONTRACTOR to an increase in
the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a
Change Order within twenty four (24) hours of the issuance of the Field Order and submit a written
proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed
to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall
not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case
of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the
Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in
paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the
Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of the
Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be
adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before
commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides
such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR.
ARTICLE 11— 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);
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11.2.2 Method or manner of performance of the Work.
11.2.3 CITY- furnished facilities, equipment, materials, services, or site; or
11.2.4 Acceleration in the performance of the Work.
11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment
unless and until the change in the Work is specifically and expressly provided for in a written Change
Order, or as otherwise provided in another section of the Contract Documents.
11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in
writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with the
dollar amount of the Change Order. If any Change Order causes an increase or decrease in the
CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable
adjustment based on the cost of the Work shall be made and the Contract modified accordingly.
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 11.7 and 11.8.
11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in
accordance with this section or if asserted after final payment under this Contract.
11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
11.7.1 By negotiated lump sum.
11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15 %.
If the CONTRACTOR disagrees with the CONSULTANTS 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:
11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work
described in the Change Order under schedules of job classifications agreed upon by CITY and
CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
CITY and provided it was not in any way, whether in whole or in part the result of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in
whole or in part to Defective Work of the CONTRACTOR.
11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection therewith.
The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY
the opportunity to deposit funds with the CONTRACTOR for the payment for items that offer a
discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely
notify the CITY of the discounts or if the CITY deposits funds with CONTRACTOR with which to
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make payments in which cases the cash discounts shall accrue to the CITY. All trade discounts,
rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to
CITY, and CONTRACTOR shall make provisions so that they may be obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors.
If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to
him and shall deliver such bids to CITY who will then determine, with the advice of the
CONSULTANT, which Bids will be accepted. No subcontract shall be a cost plus contract unless
approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on
the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance this
section 11.8 and in such case the word "Subcontractor" shall be substituted for the word
"CONTRACTOR ".
11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements approved by
CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading,
installation, dismantling and removal thereof - all in accordance with terms of said rental
agreements. The rental of any such equipment, machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by
any governmental authority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (2 %) of the increase in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the following:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, CONSULTANTS, 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 11.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 11.8.9).
11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not limited
to, the correction of defective work, disposal of materials or equipment wrongly supplied and
making good any damage to property.
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and
expressly included in Paragraph 11.8.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
11.10.2 A mutually acceptable fixed percentage (not to exceed 15 %).
11.11 The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net
decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as
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provided in 11.8. When both additions and credits are involved in any one change, the net shall be
computed to include overhead and profit, identified separately, for both additions and credit, provided
however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed.
ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME
12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work
are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified
in the Notice to Proceed and completed within the time specified for completion of the work.
12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within
the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the
CITY, that the Contract Time for the completion of the Work described herein is a reasonable time, taking
into consideration the average climatic and economic conditions and other factors prevailing in the
locality of the Work. No extension of time shall be granted due conditions that the Contractor knew of or
should have known of before bidding on the project or due to inclement weather, except as provided in
section 12.7.
12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages as
specified in the Contract Documents for each calendar day after the scheduled date for completion as
adjusted by written Change Orders that extended the completion date.
12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its inability
to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between
the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will
be sustained as a consequence of such delay, and both parties desiring to obviate any question or
dispute concerning the amount of said damages and the cost and effect of the failure of
CONTRACTOR to complete the Contract on time. The above - stated liquidated damages shall apply
separately to each phase of the Project for which a time for completion is given.
12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the
Work under this Contract.
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5)
business days of the occurrence of the event giving rise to the claim and stating the general nature of the
claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and
recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the
Contract Time resulting from any such claim shall be incorporated in a written Change Order.
12.5 All time limits stated in the Contract Documents are of the essence of the Contract.
12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of
fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such
Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's
sole remedy shall be an extension of time for the period of delay.
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather is documented by records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to
delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages
shall be limited to increased cost of materials that were unanticipated and that would not have been
incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited
to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for
such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in
the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential,
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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" day
following the date of the event upon which the claim is based.
ARTICLE 13 - GUARANTEE
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective
Work for a period of one (1) year from the date of Final Acceptance as indicated in the CONSULTANT
Letter of Recommendation of Acceptance or from the date when the defect was first observable,
whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from
the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance
for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In
the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10)
calendar days after having received written notice of the defect, or should the CONTRACTOR commence
the corrective work, but fail to prosecute the corrective work continuously and diligently and in
accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an
event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed
or corrected and to complete the Word at the CONTRACTOR's expense, and the CITY shall charge the
CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect
through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section 13.1, shall take precedence over Section 13.1.
ARTICLE 14 - PAYMENTS AND COMPLETION
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice
to Proceed on the form described in the Contract Documents and the issuance by the City of a "purchase
order ", or any other document, does not and shall not authorize the commencement of the Work. At
least ten (10) calendar days before each progress payment falls due (but not more often than once a
month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and
signed by the CONTRACTOR covering the Work performed during the period covered by the partial
payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress
payment applications after the first progress payment shall be accompanied by partial releases of lien
executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights, if any, of those persons.
If payment is requested on the basis of materials and equipment not incorporated in the Work but
delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by
such supporting data, satisfactory to the CITY, which establishes the CITY'S title to the material and
equipment as well as certificates of insurance providing coverage for 100% of the value of said material
and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire
and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either
damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt
of each partial payment estimate, either certifying in writing its approval of payment and present the
partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR,
indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR
may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within
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thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay the
CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY shall
retain ten (10 %) percent of the amount of each payment until Final Completion and Acceptance of all
Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the
benefit of the CITY.
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indirectly, which was incorporated into the Work. If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR and such person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an
Application for Payment whether the Work, material or equipment is incorporated in the Project or not,
shall have passed to the CITY prior to the making of the Application for Payment, free and clear of all liens,
claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens ");
and that no Work, materials or equipment, covered by an Application for Payment, will have been
acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing
materials and equipment for the Project, under or pursuant to an agreement under which an interest
therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or
such other person.
Approval of Payment
14.4 The CONSULTNT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced and qualified design professional and on his review of the Application for
Payment and supporting data, that the Work has progressed to the point indicated in the Application for
Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance
with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon
substantial completion as defined in Article 1, to the results of any subsequent tests called for in the
Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled
to payment of the amount approved. However, by approving, any such payment the CONSULTANT shall
not thereby be deemed to have represented that he made exhaustive or continuous on -site observations
to check the quality or the quantity of the Work, or that he has reviewed the means, methods,
techniques, sequences and procedures of construction or that he had made any examination to ascertain
how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of
the Contract Price, or that title to any Work, materials, or equipment has passed to the CITY free and clear
of any liens.
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this Work and that all materials included in this request for payment and not yet
incorporated into the construction are now on the site or stored at an approved location, and payment
received from the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed work
or supplied materials ".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same
amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by
written agreement between them and then a joint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held
by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in which case the
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money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to
benefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is
unable to make such representations to the CITY as required this Section 14. It may also refuse to
approve any payment, or it may void any prior payment application certification because of subsequently
discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary
in its opinion to protect the CITY from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement,
14.6.2 the Work for which payment is requested cannot be verified,
14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications,
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by the CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance the CITY, with the approval 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 CITY.
14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the
Final Application for Payment that the Work has been accepted by it under the conditions of the Contract
Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages,
but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within
thirty (30) calendar days of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the
City. The Bank of America ePayables Solution is an automated card payment process that shifts accounts
payable disbursements to corporate purchasing cards. ePayables, streamline the process of making
payments to your organization going forward, the City will provide the CONTRACTOR with a credit card
account number to keep on file. This card has unique security features, with $0 of available funds until an
invoice is approved for payment. After an invoice has received proper and complete approval, an
electronic remittance advice will be sent via e-mail, or fax, which notifies the CONTRACTOR that the funds
have been transferred in to the account linked to the card for the amount listed on the invoice and /or
remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or
contact the CITY's Finance department at (305) 663 -6343 with any questions.
Acceptance of Final Payment as Release
14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the CITY
and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and
unresolved. The waiver shall include all things done or furnished in connection with the Work and for
every act and neglect of the CITY and others relating to or arising out of this Work. Any payment,
however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under
the Contract Documents or the Performance Bond and Payment Bonds.
75
14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as
may be necessary in his opinion to protect the CITY from loss if he determines, because of subsequently
discovered evidence or the results of subsequent inspection or tests, that:
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction or
replacement to the extent that the project is no longer Substantially Completed, or in the case of
Final Completion certification, is no longer Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially
Completed or Finally Completed cannot be verified,
14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
14.12.5 there is Defective Work the value of which, if deducted from the contract price would reduce the
amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the
case of Final Completion.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not
more than 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 11 or Article 12.
City May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit
of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its property, or if he
files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or
if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he
repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he
disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he
disregards the authority of the CONSULTANT, or if he otherwise violates any provision of, the Contract
Documents, then the CITY may, without prejudice to any other right or remedy and after giving the
CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of the
CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method
it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further
payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and
indirect costs of completing the Project, including compensation for additional professional services, such
excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or
the Surety on the Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY
shall be determined by the CONSULTANT and incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY
and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 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 CITY against the CONTRACTOR then existing or which may thereafter accrue. Any
retention or payment of moneys by the CITY due the CONTRACTOR shall not release the CONTRACTOR
from liability.
15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY may,
without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the
76
convenience of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed and accepted
by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No
payment shall be made for profit for Work which has not been performed.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR,
if notified to do so by the CITY, shall promptly remove any part or all of its equipment and supplies from
the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY
shall have the right to remove them at the expense of the CONTRACTOR and the CONTRACTOR agrees
that the CITY shall not be liable for loss or damage to such equipment or supplies. Equipment and
supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole
or in part.
Contractor May Stop Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than 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 CITY fails to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty
(30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon twenty (20)
calendar days written notice to the CITY and the CONSULTANT, terminate the Contract. The CITY may
remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedied by the
CITY the Contract shall not be considered terminated. In lieu of terminating the Contract, if the
CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment
as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the CITY and the CONSULTANT
stop the Work until it has been paid all amounts then due.
Indemnification of Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT may be reluctant to rule on
any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the CITY
pursuant to the terms of the Contract Documents. Therefore, the CITY or the CONTRACTOR, at the
CONSULTANT's request, agree to provide the CONSULTANT with a written indemnification and hold
harmless agreement to indemnify and hold the CONSULTANT harmless before the CONSULTANT makes an
interpretation, de- certifies a payment application, decertifies Substantial Completion, decertifies Final
Completion, certifies an event of default, or approves any action which requires the approval of the
CONSULTANT,
ARTICLE 16 - MISCELLANEOUS
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified
mail, postage prepaid, to the last known business address.
16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSULTANT
shall have the right to keep one record set of the Contract Documents upon completion of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental
Conditions, if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the CITY and CONSULTANT thereunder, shall be in
addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by
law, by special guarantee or by other provisions of the Contract Documents.
16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any
error, omission, or act of the other or of any of their employees or agents or others for whose acts they
are legally liable, claim shall be made in writing to the other party within twenty one (21) calendar days of
the first observance of such injury or damage.
77
ARTICLE 17 - WAIVER OF JURY TRIAL
17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may
have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit
or counterclaim arising out of the Contract Documents or the performance of the Work thereunder.
ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce
the Contract shall be in Miami -Dade County, Florida.
18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the
prevailing party shall be entitled to recover all such costs and expenses, including, but not limited to,
court costs, and reasonable attorney's fees.
18.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the CITY and the CONTRACTOR arising out of or relating to this
Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of
Florida.
ARTICLE 19 - PROJECT RECORDS
19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books
and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for
additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting
records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to
CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to
any claim for a period of three (3) years following final completion of the Project. During the Project and
the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access
to its books and records upon five (5) business day's written notice.
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 s bject to supervision by the
CONTRACTOR, and not as officers, employees, or agents of th CITY. Personnel policies, tax
responsibilities, social security and health insurance, employee benefts, purchasing policies and other
similar administrative procedures, applicable to services rendered u7 er the Contract shall be those of
the CONTRACTOR.
IN WITNESS WHEREOF, the parties her
as part of the Contract on this \1 — day
W TNESSES:
L R�L4tiv, wr
executed the General
20 j
78
acknowledge their inclusion
Name( '�((D
Title:
AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI
Signature:
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature:
City Attorney
Signature:
Steven Alexander.
City Manager
[END OF SECTION]
END OF DOCUMENT
79
SECTION 17
APPENDIX
[SPACE LEFT INTENTIONALLY BLANK]
80
AIA Document A310
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that PLAY SPACE SERVICES, INC.
as Principal, hereinafter called the Principal MERCHANTS BONDING COMPANY
a corporation duly organized under the laws of the State of IOWA Surety, hereinafter called the Surety, are
held and firmly bound unto
CITY OF SOUTH MIAMI
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID------------ - - --
------------------- _ -------------------------------------------------------------------------------------------- Dollars
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has submitted a bid for: DANTE FASCELL PARK
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal Shall enter into a Contract with t e Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract ocuments
with good and sufficient surety for the faithful performance of such Contract and for the prompt payment Rf labor nd material
furnished in the prosecution thereof, or in the event of failure of the Principal to enter such Contract and giv such bo or bonds, if
the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount pecified said bid and
such larger amount for which the Obligee may in good faith contract with another party to perform the ork cov red by llbe said
bid, then this obligation shall be null and void, otherwise to remain in full force and effect. /
Signed and sealed this 15TH day of MAY, 2013.
'51
fitness)
(Principal)
A(e,S5'14A'� {
(Title)
(surety)
t
(Wiin rs)
RYAN P.,ROYHROCKI ATTORNEY -IN -FACT
AIA DOCUMENT A310-BID BOND - AIA@ -FEBRUARY 1970 ED -THE AMERICAN INSTITUTE Or ARCHITECTS, 1]35 N.Y, AVE.. N,W., WASHINGTON, D.C.
MERCHANTS
BONDING COMPANY,~
POWER OF ATT0RNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "),
and that the Companies do hereby make, constitute and appoint, individually,
M. Decker Youngman III, Pamela J. Thompson, Ryan P. Rothrock, Steve P. Farmer
of Daytona Beach and State of Florida their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed"
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 9th day of July 2012 .
,urrren.,,,5„
10Nq; a,,
� • • • •.
COCA
jRK
0, ?, ®o `
POgq�9�
MERCHANTS BONDING COMPANY (MUTUAL)
Pp I
00�0p :
MERCHANTS NATIONAL BONDING, INC.
Zi
6'_
524 2C33 ?.�
1933
".... .... Oil-
.v
STATE OF IOWA r,
COUNTY OF POLK ss. ^ '
"'
President
On this 9th day of July 1 2012 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
MARANDAGREENWALT
? Commission lion Ex Tres
My Commission Expires
October 28, 2014
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 15th day of Mav . 2013 .
POA 0014 (11111)
o��\NPO -
19 �09'•
. it q'9.�• ?,L:
•z:
a'• 33 : c:
Secretary
THE PERSON(S).OR ENTITY BELOW:
BUSINESS PERIOD: OCTOBER 1, 2012 - SEPTEMBER 30, 2013
EXPIRES: SEPTEMBER 30, 2013
PLAY SPACE SERVICES INC
ISSUED PURSUANT AND SUBJECTTO FLORIDA STATUTES AND BREVARO COUNTY CODE ISSUANCE
3125 SKYWAY CI R
DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS.
MELBOURNE FL 32934
BUSINESSTAX RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS, AND /OR FAILURE
TO MAINTAIN REGULATORY PREREQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S), OR
SUBSEQUENT ACTIVITIES, NOTIFYTAX COLLECTOR UPON CLOSING OF BUSINESS.
A PERMIT IS REQUIRED TO ADVERTISE (Including with signage)'GOING OUT OF BUSINESS,
LISA CULLEN, CFC, BreVard County Tax Collector
LOCATION:
P 0 Box 2500, Titusville, Florida 32781 -2500
(321) 264 -6910
3125 SKYWAY CIR
CITY OF MELBOURNE, FL 32934
UPON CHANGE OF OWNERSHIP OR LOCATION,
BUSINESS TAX RECEIPT SHOULD BETRANSFERRED WITHIN 30 DAYS.
OWNED BY:
PLAY SPACE SERVICES INC
CBC059700
LAZARO GONZALEZ, QUALIF
BUSINESS CLASSIFICATIONS, DISCLAIMERS,: AND RELATED FEES:
PENALTY:
300050 BUILDING CONTR. -CERTIFIED
590501 HAZ WASTE GEN, SURCHARGE
820005 2012- 2013- RECEIPT AMT
TOTAL HAZ WASTE CHG
EXEMPTIONS: NON EXEMPT
$:00
$37.00
$50.00
RCT. NUM TILL DATE AMT PAID
PAID - 9473312.0001.0001 HST 09/06/2012 87.00
PLAYS -1 OP ID: MS
III/ CERTIFICATE OF LIABILITY INSURANCE
��
DATE /1612013
05/15/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone: 321 - 214.1990
Insurance and Risk Management Fax: 321. 710.2501
of Florida, LLC
220 Crown Oak Centre Drive
Longwood, FL 32750
David CMoss
CONTACT David C. Moss
PHONE IL No
AIC No EKt:
EMAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC#
msURERA:Great American E &S Ins Co
37532
$ 1,000,000
INSURED Play Space Services, Inc. &
Advanced Recreational Concepts
LLC
INSURER 3:01d Dominion Insurance Company
40231
INSURERC:Bridgefield Employers Ins. Co.
10701
INSURERD:
3125 Skyway Circle
INSURERS:
$ 2,000,000
Melbourne, FL 32934 -7334
INSURER F
$ 2,000,000
--
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR (
LTR
�DDti'
TYPE OF INSURANCE
BR
POLICYNUMBER
POLICY EFF
MMIDDFYYVY
POLICY EXP
MMIDOfIVW
LIMITS
A
'
GENERAL LIABILITY
X I COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
PL4434696
01127/2013
0112712014
EACH OCCURRENCE
$ 1,000,000
A AGEi6TiENT
PREMISES(EaocwOenoe)
5 50,00
MED EXP(Any one person)
5 5,000
PERSONAL &AOV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
..
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY PRO- 1 -1LOC
11T I
PRODUCTS - COMP /OP AGO
$ 2,000,000
--
$
AUTOMOBILE LIABILITY
13 X I ANY AUTO
ALL OWNED rX�SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS X AUTOS
I'Bl G020313
02/03/2013
02103/2014
COMB / NED SINGLE LIMIT
(CEO
S 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per acadent)
$
PROPERTY DAMAGE
Peraccident
$
5
A
X
UMBRELLA LIAR
EXCESS LIAB
X
OCCUR
CLAIMS MADE
UM4434697
0112712013
01/2712014
EACH OCCURRENCE
S 1,000,00
AGGREGATE
$ 1,000,000
III
DID X RETENTIONS 10,000
S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
C I ANY PROPRIETMPARTNERIEXECVTIVE YIN
(Mandator, inN RE %CLUDED?
If yes d ory in NH)
DES6descdbe OF under
OPERATIONS
DESCRIPTION OF OPERATIONS below
1
NIA
830 -34812
07/24/2012
07/2412013
TH
X WCSTATU- DER
T DRY LIMITS ER
EL. EACH ACCIDENT
S 1,000,000
E. L. DISEASE - EA EMPLOYEE
S 1,000,000
_
DISEASE m POLICY LIMIT
S 1,000,000
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Project: RFP #PR- DS2013 -01; Dante Fascell Park Poured -In -Place (PIP) Jogging
Trail
SOUTHMI
City of South Miami
Attn: City Clerk
6130 Sunset Drive
South Miami, FL 33143
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVES
w'f�G/
All riahfs reserved
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD