BG Group ITQ BD 2016 13 7.20.16}
CITY OF SOUH M IAM I
INVITATION I ON TO QUOTE •
`
SOUAGami ITQ#BD2016 -13 • °®:-
THE: CITY QFPIFASATiMW LUMP SUM PROPOSAL
r SUBMITTIDTO: City Clerk PRaECT. Demolition Services
NAME Maria Menendez, CMC ADDRESS 6126 SJV 58 Sreet
ADDED 6130 Sunset Drive CITY /SPATE South Miami, R 33143
CITY /STATE Miami, Florida 33134 ISCUEDATE July62016
PHONE 305 -663 -6339 E-MAIL skulick_ a guthmiamifl.gov.
? MANDATORY PRE- QUOTEMEETTNG NONE DUEDATE Ily20, 201EaJO:00AM
QUOTESIJBM IS90N REQUIREM EJTS '�
Quotessubmitted after 10AMon the duedatewill not be accepted unlessotherwisespecifiedinthequotedocument
of a time change: All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the onthe
envelope needsto read asfollows
City of South Miami
Maria M. Menende2, CIVIC
6130 Sunset Drive
South Miami, R. 33143
Project Name: Demolition Services
Must input project name. If label does not have all information above your quotewill not be accepted.
INSURANCE RMUIREM FITS:
The CITYSinsurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional insured.
AFFIDAVITS REQUIRED WITH SUBMITTAL^ (Exhibit 2)
Pbspondents must complete and submit with your quote affidavits provided in Exhibit 2.
QUESTIONS
Any Requestsfor additional information or questions must be in writing, emailed by 10 AM local time on July 18, 2016 to the
attention of Mr. Steven Kulick, Purchasing Manager at skulick@southmiamifl.gov.
SCOPEOF WORK DESC£IP110N (TO BE OOM PLETED BYCITY):
RSIRTO "SX)PEOFgWC> SI" ODPYATiAC] BD
Bids will only be accepted that include quotations during regular working hours.
DE iI PT10N OF WOPK TO BE PFFORM ED BY CONTRACTOR (M:M TO " SOJPE OF DACES' , OOPYATTAC]-IED):
Item Number
Item Description
Unit
Qty
Wmp SLmy�Amounf
LUMPSUM PROPOSAL
ak e�
M P, S1M Q!AL
t ;
Contractor shall furnish all materials and equipment necessary to secure completion of the work. Contractor shall be
compensated aocording to the quote submitted. Contractor is responsible to secure all permits and should be reflected
in the Lump Sam quote. Contractor may choose to submit a quote on company letterhead but must be attached to this form.
Questions must be submitted in writing, emailed by 10 AM local time on July 18, 2016 to the attention of Steven KUlick,
Purchasing Manager at skulick @southmiamifl.gov. -
DEADUNETO St:1BM IT IS.JLJLY 20, 2016 AT 10 AM
Print/Type Name: jtd p Phone: 5&1 922 —79-9-7
Signature: Date: '7 f //(C r
E- mail: let yi $ v %i ' i $> tit.• _ Fax: j -1 9 9& 99 15,
Firm Name: _ C C °x ? i t C F.E.I.N. No.: W1 e) 5 "
Address: ? 111-b t t CST ( a 'It t9 City: State: C -T-3 Ye
THEEXECLMON OFTHISrORM Y ONSTIMF33THE UNEQUIVOCAL OH -ER OF F� OPOSERTO BE BOUND BYTHETBWSOF ITS PROPOSAL FAIWRETOSCN THISSOLICITATION WHERE INDICATED ABOVE BYAN
AUTHORIZED r rrATIVE9-IALLRENDERTHEPRCT LNON- W-9--QUSVE: :THE CITY MAY, HOWB/ ER INITSSXEDI9- �EnON, ACCEP TAWPRCr- OSALTHATINCLUDESANDTDUTE DDOCi1MENT
WHICH UNEQUIVOCALLYBINDSTHE ITROT 'O9] TOT NEIERMSOFITSORII2 THE OTYSf: EQUESr FOR QUOTES ISFA2THELOWEETANDMOSF RESPONSIVE PRICE THECITYRESSWhSTHERIGiTTOAWARD
THEPRO,LLTTOTHEFIRM OD i9D[12ED Ii1EBESTIDSBWElHEalYSIMUB ESr
♦ EPOIIDHJTAIXEPiSALLOFTHETERMSANDCONDIIIONSOFTHES UCITAT10NANDQUOTESUBMISSONRE QUIRMENTS THIS PROPOSALWLL REMAIN SUB MTOAOCETTANCE FOR 180CALENDAR
DAISAF ERTHEPROPCS4 01-' dING THE RESIRONDENT,, BYSI GNINGANDSUB MITUNG THIS RROIFOSM, Aa;TO ALL THEIMA SAND ODNDITIONSOF THE FORM CONIRAGTTHATISA PART OF-THE
swaTATICNJ PAOKAC£ WnH APPROPIATL- O- IANx75TO CONFORM TO THE INFORMATION CONTAINED IN THIS INVITATION TO QUOTE
NON COLLUSION AFFIDAVIT
STATE O F FLO RIDA )
COUNTY OF MIAMI -DADE )
}
t It Q M f being first duly sworn, deposes and states that:
(1) He(Sie/They is%are the # -
(Owner, Partner, Officer, Representativ r A nt) of
65Q a the Respondent that has submitted the
attached Proposal;
(2) Helche/They istare fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or share Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, - representatives,
employees or parties in interest; including this affiant, have in any way colluded, conspired, connived
or weed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or hale in any manner, directly
or indirectly, sought by agreement or collusion, or communication, or conference with any
Respondent; firm, or person to fix any overhead, profit; or cost elements of the Proposal or of any
other Respondent, or to fix any overhead, profit, or cost elements of the 1 Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlanrful agreement any advantage against (Recipient), or any person interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
9 ed and delivered in the presence of:
gned,
itn Sgnature
Witness Print Name and Title
VX Date
ACKNOWLEDGEMENT
`ice �,elza f7 16111 7_1
COUNTY OF MIAMI -DADE
On this the q day of 'V , 20 1 , before me, the undersigned Notary Public of the State
of Floridan per so al ly appeared (Names) of individu s) who appeared before
notary) t " S and whose name(s) is/are Subscribed to the
within instrument, d e/she/they acknowledge that helshe/they executed it.
Thomas F. Pepe
02 -23 -15 15
WITNESS my hand and official seal.
NOTARY PUBLIC:
M01OFOFFICE
Thomas F. Pepe
02 -23 -15 16
Type of Identific2tion Produced
Did take an oath, or
Did Not take an oath.
r
PUBLIC ENTITY CRIMESAND CONFLICTSOF "INTEREST
Pursuant to the provisions of Paragraph (2) (a) of :action 287.133, Florida State Statutes "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or
proposal for a Contract with a public entity for the construction of repair of a public building or public work, may
not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work
as a RBEPONDENT, Sub - contractor, supplier, gab- consultant, or Consultant under a Contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount Category Two of
Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor
list ".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes.
Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who
is also an officer or employee of the City of South Miami or its agencies
SWORN STATBv1ENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTE; ON PUBLIC ENTITY CRIMES
THISFORM MUST" BESIGNED AND S,(VORN TO IN THEPREEICEOFA NOTARY PUBLIC OROTHER
0 FRCIAL AUTHO RIZED TO ADMINISFEROATHS
1. This sworn statement is submitted to $
[print name of the public entity]
by
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (I)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to , any bid, proposal or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after Jily 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or
nolo contendere._
4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term °affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
Thomas F. Pepe
02 -23 -15 17
' the management ofanaffiliate. The ownership by one person of shares constituting o controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
� xam* value under an arm's length ag===.` shell be ap"'a '°^~`~~~ that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Rorida during the preceding 36 months shall
' considered affiliate. '
5. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e), Rorida St&dea 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 end which bids or proposal or applies to bid or proposal on
contracts for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who ere active in management of an
6. Based on information and belief, the statement which I ha,/e marked below is true in relation to the
=entitysubmi ing this sworn statement. [Indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any of its officers� clirectors� executives,
partners, shareholders, employees, members, or agents who ere active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
Jily 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, clirectors� executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or aii affiliate of the entity has been charged with and convicted of a public entity crime subsequent to Jily
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 end convicted of a public entity crime subsequent of dily
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Roridek 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.]
Qxvornto aid subscribed before mejhis
Personally known
DR Produced ident ificet ion
k)",
(Type of identification) (Printed. typed nr stamped commissioned
Form RJR 7OGB(Fevlk6/11/02) name of notary public)
N PW, PRISCILLA REESE
Notary Public - State of FIVIda
My Comm. Expires Doc 14, 2017
Commission FF 075804
OF
EE
Thomas FPepe
02-23-15 18
r �
T
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace
program, a business shall:
1) Publish a statement notifying employees that the unlatvful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that shall be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any mailable 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 %bsection (1), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
ndo oaitendereto, any violation of Chapter 893 or of any controlled substance IaN of the United
States or any state, for a violation occurring in the workplace no later than five (5) business days
after such conviction:
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a goad faith effort to continu e n1 'main a drug free workplace through implementation
of this section.
As the person authorized to sign the statement l certify t this firm complies fully with the above requirements.
w�RIESPON DENT's Signature:
Print Name: l �1
Date: t r
Thomas F. Pepe
02 -23 -15 19
f
z a
RELATED PARTY TRANSACTION VERIFICATION FORM
_�V fi , individually and on behalf of - �
(" Firm" )have Nafrie of Representatiie Company/Vendor /Entity read the City of SDuth Miami ( "City" )'s Code o E hics
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 Arm have any conflict of interest (as defined in section 8A -1) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither 1 nor any employees, officers, directors of the Firm, nor anyonewho has afinancial 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, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who ha/e afinancial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5 %in the Firm, nor any member of
those persons immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
'1 "
_(use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of afirm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have afinancial interest in the Arm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Arm and the City other than the following individuals whose interest is set
forth following their use a separate names:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5°/0 or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of afirm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge end
he/she is not required to make an independent investigation as to the financial interest in the Arm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(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
Thomas F. Pepe
02 -23 -15 22
t
follows: _ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X: \Purchasing\Vendor Registr2tion \12.28.12 RHATHD PARTY TRANSgCTION VBMFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
nl - (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies; if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the` signatory's personal knowledge and he/she is not required to mace an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (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 (i.e. spouse, parents,
children, brothers and sisters) hate also responded, other than the following
(if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's persona knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, a
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) 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, atter the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
Ell Related Parties who ha,/e also responded to the carne solicitation and to disclose the relationship of those
parties to me and the firm.
(10) A violation of the City's Rhics 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 -d/ r any penalties allowed by lam Additionally, violations may be considered by
and subject to action by the iami -D e County Commission on Ethics, Under penalty of perjury, I declare that 1
hate made a diligent effort o investi e the matters to which I am attesting hereinabove and that the statements
made herelnaboverew -try and q9 rect to the best of my knowledge, information and belief.
Sgnature:
Print Name & Title:* - 7
Date:
Thomas F. Pepe
02 -23 -15 23
Th
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 Ehics
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 transiting 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 businesswith 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 in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of tares, 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 waved 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 waver 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.
Ftaviscns cumulative. This subsection shell 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 businesswith the city.
Thomas F. Pepe
02 -23 -15 24
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
(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 any way 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 Fblitical contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Rohibitions 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 axept 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) Disdosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 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 hate 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 acity agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b )(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
officiall position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
Thomas F. Pepe
02 -23 -15 25
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(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) shell 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 asfollows:
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. Fbnalty. 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 A a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause. .
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall hate personal investments in any enterprise which will create a substantial conflict between private interests
aid the public interest.
(1) Certain appearances and payment prohibited.
(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 athird 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 athird 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 athird party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (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 a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire afinancial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
Thomas F. Pepe
02 -23 -15 26
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or ladv 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 any judicial or other proceeding, application, RFP, RFQ, bid, request for
ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two -year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
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
afficlavit 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 opinionswithout use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6 -99 -1680, § 21 3 -2 -99)
Edita'snote- Ord. No. 6 -99 -1680, § 1, adopted 3 -2 -99, repealed §§ 8A -1 and 8A -2 in their entirety and replaced
them with new §§
8A -1 and 8A -2. Former §§ 8A -1 and 8A -2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ 1 (1A -1), 1 (1A -2) adopted In. 11, 1969.
Thomas F. Pepe
02 -23 -15
END OFgCTION
27
PRESENTATION TEAM
DECLARATION /AFFIDVAIT OF REPRESENTATION
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Thomas F. Pepe
02 -23 -15 25
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4
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South Miami
{iami
THE CITY OF PLEASANT LIVING
ADDENDUM No. #1
Y
}
Project Name: Demolition Services
ITQ NO. BD2016 -13
Date: July 7, 2016
4
¢
Sent: FaxJE- mail /webpage
This addendum submission is issued to clarify, supplement and /or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents not
modified herein shall remain in full force and effect as originally set forth. It shall be the sole
responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.
QUESTION #11: ;
In regards to ITQ #BD2016 -13, located at 6126 SW 58 Street South Miami, FL, 1 have two
questions:
(1) Has an Asbestos Survey been done on the above mentioned property?
(2) Would you be interested in selling this house and lot as is?
RESPONSE:
(l) Asbestos surveys are not required by the Florida Building Code for demolition of a
single family residence.
(2) The house is not ours to sell _ It is not owned by the City.
Note: Please refer to the report from Miami -Dade County's Unsafe Structures Board,
attached to Addendum No. 1, legally authorizing the demolition of the subject property.
IT SHALL RE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDE DUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 of 1
a t
fi N
a
Y
out lami
THE CITY OF PLEASANT LIVING
j ADDENDUM No. #2
a Project Name: Demolition Services
i
r
IE
ITQ NO. BD2016 -13
Date: July 8, 2016
E
Sent: Fax/E- mail /webpage
k
This addendum submission is issued to clarify, supplement and /or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents not
modified herein shall remain in full force and effect as originally set forth. It shall be the sole
responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.
i
r
i
QUESTION 1;
Are we responsible to obtain an asbestos report for the building department to be able to get
the permit?
RESPONSE:
Please 'refer to Addendum No, 1.
QUESTION #2
If it is all possible to allocate an allowance for series of permit involve with this project such as
(Building, Electrical, Mechanical, Plumbing) since we don't have an exact cost of such permits
by the City of South Miami.
RESPONSES
Building and related permit fees are waived for permits issued directly by the City of South
Miami Building Division. Permit fees will apply for permits issued by other governmental
agencies and shall be the responsibility of the CONTRACTOR. CONTRACTORS are
responsible to file for all related permits associated for this project.
Page l of 2
South Miami
THE CITY OF PLEASANT LIVING
ADDENDUM No. #3
Project Name: Demolition Services
ITQ NO. BD2016 -13
Date: July 18, 2016
Sent: Fax/E- mail /webpage
This addendum submission is issued to clarify, supplement and /or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums tha ay be issued for a specific
solicitation.
QUESTION 1:
What is cities budget?
RESPONSE:
The City does not have a line item budget amount published in the City's 2016 Adopted
Budget for this project.
Page 1 of 1
EXHIBIT #3
CONTRACT
" Demolition Services"
ITQ #BD2016 -13
TH IS CONTRACT, entered into this day of , 20 , by the
CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as
the "CITY' where applicable; located at 6130 Sunset Drive, South Miami, Ft_. , E-mail:
salexander(@southmiamifl.gov and with an office
and principal place of business located at and E-mail address of
(hereinafter called the "CONTRACTOR').
W I T N ESSET H:
WHEREAS, the CITY is in need of Sergeants Exam Administrator; and
W H EREAS, the CITY desires to retain the CONTRACTOR to provide the required
goods and /or services based on the CONTRACTORs representations that it is qualified and
capable of providing said goods and /or services in a professional and timely manner and in
accordance with the CITY's goals and requirements; and
WHEREAS, the CONTRACTOR has agreed to provide the required goods and/or
services in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties agree as follows:
1) Engagement of Contractor: Based on the representations of the
CONTRACTOR as set out in the following "checked" documents the CITY hereby retains the
CONTRACTOR to provide the goods and /or services set forth in said proposal, quote or
response to solicitation, whichever is applicable, as modified by the Contract Documents, or as
is otherwise set forth in the Contract Documents defined below (all of which is hereinafter
referred to as the Work").
(Check the box immediately preceding the document described below to indicate that
such document is part of this contract)
4 Contractor's response to the CITY's written solicitation; or
Contractor's proposal or quote, or if none,
❑ As described in paragraph 2 below.
2) Contract Documents: The Contract Documents shall include this Contract
and the following "checked documents" as well as any attachments or exhibits that are made a
part of any of the "checked documents" .
(Check the box immediately preceding the document described below to indicate that
such document is part of this contract)
General Conditions to Contract,
�l Supplementary Conditions,
"Other Documents" referring to in this contract and signed by the parties,
4 Solicitation documents ( "hereinafter referred to as "Bid Documents" including
any request for bid, request for proposal or similar request)
Scope of Services,
Contractor's response to the CITY's Bid Documents,
Contractor's proposal or quote,
�l CITY's Insurance & Indemnification Requirements,
❑ Bonding of Employees (the term "employee as used in this contract, shall
include volunteers) - $1,000,000
❑ Payment Bond,
❑ Performance Bond,
This Contract and the General Conditions to Contract, 8upplementary Conditions, the
Solicitation, Scope of Services and "Other Documents ", if any are "checked documents ", shall
take precedent over the response to the CITY's Bid Documents, the proposal or the quote, if
any. The "checked documents" are attached hereto and made a part hereof by reference.
3) Date of Commencement: The CONTRACTOR shall commence the
performance of the Work under this Contract on T BD or a date to be specified in a Notice to
Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"),
and shall complete the performance hereunder within 30 calendar days or the length of time
set forth in the Contract Documents, whichever is the shorter period of time. Time is of the
4) Primary Contacts: The Primary Contact Person in charge of administering this
Contract on behalf of the CITY is the City Manager (" Manager "), assistant Manager, or the
Manager's designee, who shall be designated in a writing sided by the Manager. The Primary
Contact Person for the CONTRACTOR and his/her contact information is as follows: Name:
e -mail: ; Fax: :beet Address:
5) Scope of Services: The goods and /or services to be provided are as set forth in
the "checked documents ".
6) Compensation: The CONTRACTOR's compensation for the performance of this
contract (hereinafter referred to as the Contract Price) shall be one of the following, as
indicated by a checked box, ❑ $ or as set forth in 4 CONTRACTOR's
response to the CITY's written solicitation, if any, or, if none, then as set out in
CONTRACTOR's proposal or quote, or the Scope of Services, whichever is applicable, and as
modified by the Contract Documents.
7) Hours of Work: In the event that this contract requires the performance of
services, it is presumed that the cost of performing the Work after regular working hours, and
on Sunday and legal holidays is included in the Contract Rice. However, nothing contained
herein shall authorize work on days and during hours that are otherwise prohibited by
ordinance unless specifically authorized or instructed in writing by the City Manager, the
Manager's assistant or designee.
8) Time Provisions: The term of this Contract shall commence on the Work
Commencement Date and shall continue for N/A until it expires on Project Com plet ion, for
a term not to exceed one (1) year; or unless earlier terminated according to the Contract
Documents. Notwithstanding the foregoing, this Contract may be extended by an additional
N/A period if the extension is in writing and signed by the City Manager. An extension of the
term of this Contract is at the CITY's sole and absolute discretion.
9) Term ination: This contract maybe terminated without cause by the CITY with 30
days of advanced written notice. This provision supersedes and takes precedence over any
contrary provisions for termination contained in the Contract Documents.
10)Applicable Law and Venue: Florida law shall apply to the interpretation and
enforcement of this Contract. Venue for all proceedings shall be in Miami -Dade County,
Florida
11) Duties and Responsibilities: The Contractor shall comply with all applicable lauvs,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body
having jurisdiction over any matter related to this Agreement or the goods and /or Services to
be performed hereunder, and shall commit no trespass on any private property in performing
any of the work embraced by this Agreement. Each and every provision and clause required by
law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement
shall be read and enforced as though such provisions and clauses were included herein.
12) Change Orders: No additional Work or extras shall be done unless the same is
duly authorized in writing and in advance of the work by appropriate action by the City
Manager and in accordance with the Contract Documents.
13) Licenses and Certifications: Contractor shall secure all necessary business and
professional licenses A its sole expense prior to executing the Agreement or commencing the
Work.
14)Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents.
15) Liquidated Damages: In the event that the CONTRACTOR shall fail to
complete the Work within the time limit set forth in the Contract Documents, or the
extended time limit agreed upon, in accordance with the procedure as more particularly set
forth in the Contract Documents, liquidated damages shall be paid at the rate of N/A dollars
per day until the Work is completed.
Ll
16) Jury Trial Waiver: The parties waive their right to jury trial.
17) Entire Agreement, Modification, and Non - waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or
oral. The Contract Documents may not be modified or amended except in writing, signed by
both parties hereto. The Contract Documents, in general, and this paragraph, in particular, shall
not be modified or amended by any acts or omissions of the parties. No failure to exercise and
no delay in exercising any right, power or privilege shall operate asawaiver. No waiver of the
Contract Documents, in whole or part, including the provisions of this paragraph, may be
implied by any act or omission.
18) Public Records: CONTRACTOR and all of its subcontractors are required to
comply with the public records lady (s.119.0701) while providing goods and /or Services on
behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this
paragraph in all of its subcontracts for this Project. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECO RDS AT 305 - 663 -6340; E -m ail: m m enendeza)sout hm iam ifl.gov; 6130 Sunset
Drive, South Miami, FL .33143.
19) Background Screening. All personnel and volunteers that will provide any
service with vulnerable persons, as defined in S3ction 435.02, Fla :tat., involving the City or its
Agency in such related activity or who may have access to secure or sensitive areas of the City,
must be in compliance with Level II Background Screening and fingerprinting requirements as
per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer.
CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging
in any such related activities without having passed a background screening to the satisfaction of
the City. A violation of this requirement shall constitute a substantial breach of the agreement.
20) Drug Free Workplace. The CONTRACTOR shall comply with the Drug Free
Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part
of this Contract by reference.
21) Transfer and Assignment. None of the work or services under this contract
shall be subcontracted or assigned without prior written consent from the %ACRA which may
be denied without cause.
22) N of ices. All notices given or required under this contract shall be deemed
sufficient if sent by a method that provides written evidence of delivery, including e-mail and
facsimile transmission and delivered to the CONTRACTOR or his designated contact person.
Return of mall, sent to the address contained herein for the parties or their contact persons, as
not deliverable or for failure to claim the mail shall be deemed received on the date that the
mail is returned to sender.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or
before the date first above written, with full knowledge of its content and significance and
intending to be legally bound by the terms hereof.
FTAV i 1101
[ Individual or entity's name]
B
[name of signatory]
CITY OF SOUTH MIAMI
By: By:
Maria Menendez Steven Alexander
City Clerk City Manager
Le• olity and Execution Thereof:
LOSS
City Attorney
A period of twenty -four hours measured from the beginning of the day at 12:01 am. and it shall be presumed
to be a calendar day unless specifically designated as a business day.
Ds: The number of twenty -four (24) hour periods following the event to which the word "days' refers
commencing at 12:01 am. 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, Sinday 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 CON SULTANT'Srecommendation of
final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that
are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and
equipment furnished under the Contract that are not good quality and new unless otherwise required or
permitted by the Contract Documents.
Draavincs: The dra,Atings which show the character and Sipe of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and
are referred to in the Contract Documents.
Feld 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) awritten clarification or interpretation if issued by the CONSULTANT in accordance
with paragraph 9.3 or (d) awritten order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Non - conforming Work meanswork that does not conform to the Contract Documents and includeswork that is
unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference
standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or
work that has been damaged prior to CON SULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by CITY).
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with
the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract
to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the
date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its
obligations under the Contract Documents.
Person: An individual or legal entity.
Project: The entire construction operation being performed as delineated in the Contract Documents.
Policy: The term "policy" as used in the Contract Documents shall mean the insurance binder, if it is issued, the
declaration page of the policy and the body of the policy, including all endorsements
ITQ: Invitation to Quote.
Sipe of Sarvicea This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Work unless the context in which the phase is used dearly means otherwise.
Shop p rauving . All drawings, diagrans, illustrations, brochures, schedules and other datawhich 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.
.esz Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
92ecifications 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 pat of the Work at the construction site.
Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Projector a
certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or
asubstantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree, other than for the repair of minor "punch list" items, or if there be no such certification, the date
when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an item, but who does not perform labor at the site of the Work.
Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of ail labor, services and materials used on the
project.
Work: Any and ail 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 OWN ER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
ARTICLE 2 —PRELIMINARY MATTERS
Award:
2.1 The CITY reservesthe right to reject any and all Bids, at its sole discretion. Bidsshall beaNarded
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
aNarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of
Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated
supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that
requires the signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document.
rfeiture of Bid Sacurity /Performance and Payment Bond, if anv are required by the applicable ITQ:
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°/1 of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of ail 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 years after final completion and acceptance of the Work
with the liability equal to one hundred percent (1000/4 of the Contract Sum.
2.3.3 Pursuant to the requirements of Section 255.05(1), Rorida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County
and provide CITY with evidence of such recording
2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety, having a resident agent in the State of Florida and having been in businesswith a record
of successful continuous operation for a least five (5) yeas.
2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or
better.
2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
Contractor's Pre -Stat Representation:
2.4 CONTRACTOR represents that it hasfamiliaized 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 observat ions 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 ail such datawith
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.
Stating 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 Stating Construction:
2.7 Before undertaking each pat of the Work, CONTRACTOR shall carefully study and compere 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 OWN ER nor the CONSULTANT shall be liable for any
ham, damage or loss suffered by CO N TRACTO R as a result of its failure to discover any conflict, error,
or discrepancy in the Dravings or S:)ecifications nor shall the CONTRACTOR be entitled to any
compensation for any ham, 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 N otice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule
indicating the stating and completion dates of the various stages of the Work, and a preliminary schedule
of Shop Droving 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 ail CONTRACTORSshail 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 Drauvings and other submissions, and for processing
Applications for Payment, and to establish aworking understanding between the parties asto the
Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives, CONTRACTOR and its Superintendent.
Qualifications of Subcontractors Material men and Suppliers:
2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSJLTANT for acceptance a list of the names of %boontrartors
and such other persons and organizations (including those who are to furnish prindpal 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 alter receiving the list, the CON aiLTANT 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 awaiver of any right of the CITY or the
CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment
not in conformance with the requirements of the Contract Documents
2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without an increase in its bid price.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
ARTICLE 3 —CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1
It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between the OWNER and the CONTRACTOR They maybe 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 Owner shall apply
3.3
The words "furnish" and "furnish and install ", "install ", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service".
3.4
Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, dass,
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 Draivings and Specifications.
3.5
The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall
be installed
or erected
in accordance with
the best practices of the particular trade.
3.6
The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If the CONTRACTOR is prevented from complying with this provision due to the DraAtingsor
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such
limitations before proceeding with construction in the area where the problem exists.
3.7
Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or
other data published by regulating agencies or axepted organizations, including but not limited to
National Electrical Code, applicable State Building Code, Rorida 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, opacity, composition, finish, color and other applicable characteristics to the material
or product specified by trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal ", the CONTRACTOR shall use the brand, make and model specified).
3.9
Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.10
All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.11
The CONTRACTOR shall have advised the CONSULTANT, prior to performing any work involving
conflict in the Contract Documents and the CON SULTANT shall make the final decision as to which of
the documents shall take precedence. In the event that there is a conflict between or among the
Contract Documents, only the latest version shall apply and the latest version of the Contract
Documents. The CONSULTANT shall use the following list of Contract Documents as aguide. These
documents are set forth below in the order of their precedence so that all the documents listed above a
given document should have precedence over all the documents listed below it.
(a) Change Orders
(b) Amendments/addendato Contract
(c) Supplementary Conditions, if any
(d) Contract with all Exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
(g) S1led dimensions
(h) Drawings of a larger scale
(i) Drawings of a smaller scale
Q) Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands.
4.1 The OWN ER 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 OWN ER, unless otherwise specified in the Contract Documents. Other
access to such lands or rights -of -way for the CON TRACTOR'S convenience shall be the responsibility of
the CONTRACTOR
The CONTRACTOR shall provide for all additional lands and accessthereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will, upon request, furnish to the Bidders, copies of all mailable 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 setisfiied
himself asto the character, quality and quantity of surface and subsurface materialsor obstaclesto be
encountered insofar as this information is reasonably ascertainable from an inspection of the site,
including all exploratory work done by the OWNER/ CONSULTANT on the site or any contiguous site,
as well as from information presented by the Drawings and Specifications made part of this Contract, or
any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to
acquaint itself with the a/ailable information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. The OWN ER assumes no responsibility for any
conclusions or interpretations mane by the CONTRACTOR on the basis of the information made
available by the OWNER/ CONSULTANT.
Differing Ste 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 en 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 findsthat such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'Scost
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 unlessthe 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.
A RT ICLE 5 — I N SU RA N C E Contractor shall comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" et 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'Srepresentative 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 A each site A 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 CONTRACTORShome office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings A the site A 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" dravings, aswell as the
original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations,
shall be made available to the City A 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 prooessors, except as
otherwise provided in the Contract Documents.
Work, Materials Equipment, Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal'
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6.1 Whenever a material, article or piece of equipment is identified on the DraNingsor Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform to requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged by such alterations,
at any time before completion and acceptance of the Project. All such Work shall be done at the
expense of the CONTRACTOR
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
6.6.6 Non - conforming Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements or conform to the
plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within five (5) business days by the CONTRACTOR at his own expense and redelivered and/or
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as abandoned and the CITY shall have the right to dispose of them as its own property
and the CONTRACTOR thereby.waivesany claim to the good or to compensation of any kind
for said goods. Rejection for non - conformance or failure to meet delivery schedules may result in
the CONTRACTOR being found in default.
6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or
services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.6.8 The CITY reserves the right, in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner as requested, to obtain the good and /or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract.
Concerning Subcontractors.
6.7
The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the CITY and the CONSULTANT, unlessthe 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. N othing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part
of OWN ER or CONSULTANT to pay or to see to payment of any subcontractor or other person or
organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any
Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to
the CONTRACTOR on account of specified Work done in accordance with the schedule values
6.9
The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10
The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the OWNER
6.11
All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12
The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors;
and give the CONTRACTOR the same power as regards to terminating any subcontract that the
OWN ER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR
if and when directed by the CONSULTANT in writing
6.12A
Discrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of the
terms of the subcontract, including the hiring and retention of employees for the performance of Work
that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex,
age, sexual orientation, fanilid status or disability. This paragraph shall be made a pat of the
subcontractor's
contract with
the
Contractor.
Patent Fees and Royalties.
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subject of patent rights or copyrights held by others He
shall indemnify and hold harmless the OWN ER 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 and /or royalty rights
as to any 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 ermits and licenses and shall pay for all
governriien cf arges and insp ion°�fees new ofo --r—t e- prosecution of the Work, which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the q)ecial 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.
®ectrical Power and Lighting
6.16 Bectrical 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
CONSJLTANT. Lighting shell be provided by the CONTRACTOR in 211 spaces at ail 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 CON SJLTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modificat ion. If the CONTRACTOR performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSJLTANT,
it shall bear all costs arising there from; however, it shell not be its primary responsibility to make certain
that the Drawings and q)ecific Lions are in accordance with such laws, ordinances, rules and regulations.
Discrimination:
6.17A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation,
familial status or disability.
Taxes:
6.18 Cost of all applicable sales, consumer use, and other takes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price shed 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 shell take ail necessary precautionsfor the safety of,
and shall provide the necessary protection to prevent damage, injury or lossto:
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, padements,
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 axidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjaoent 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 A 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 CON SULTANT may require. The data shown on the Shop Drawings
shall be complete with respect to dimensions, design criteria{ materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation.
6.23
The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to
cause no delay in Work, all samples required by the Contract Documents.
All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24
At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.25
The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT aid 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 CON SULTANT, in writing, of any prior Shop Drawing or revisionsto
Shop Drawings that are in conflict with each submission or re- submission. The CONTRACTOR'Sstamp
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 CONTRACTORfrom
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 CONTRACTORfrom responsibility for errorsor omissions in
the Shop Drawings or samples.
6.27A
The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Dranvingsor 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
OWN El:� the CONTRACTOR shall remove all his surplus and discarded materials, excavated material
Q
and rubbish as well as all other material and equipment that does not forma part of the Work, from the
property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the
CONTRACTOR shall dean his portion of Work involved in any building under this Contract, so that no
further cleaning by the OWN ER 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 Ste in a neat and presentable condition.
6.29 If the CONTRACTOR does not dean the Work site, the CITY may dean the Work Ste 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, A 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. "Elreet Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous position, at such locations as traffic demands. At any time that streets are required to be
dosed, the CONTRACTOR shall notify lay 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 Ste, 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 dean.
Indemnification:
6.32
Contractor shall comply with the indemnification requirements set forth in the ITQ and in D(HIBIT 1 of
the Supplementary Conditions (Insurance and indemnification requirements).
6.33
In the event that any action or proceeding is brought against OWN ER 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'Soption, any and
ail claims of liability and all suits and actions of every name and description that may be brought against
OWN BR or CON SJLTANT, excluding only those claims that allege that the injuries arose out of the
sole negligence of OWN ER or CON SJLTANT.
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, drauvings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission is the primary cause of injury or damage.
6.34A
All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of ail
insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused
in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors,
sub - subcontractors, materiaimen, or agents of any tier or their respective employees to the extent caused
by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
Re=nsibility 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
qDecifications 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 a=rdance with requirements of the special conditions The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper
authorities, st2ting that the Work has been done in accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
6.36.2 The CON SJLTANT 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 began 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 ell necessary a rrangementswith 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 ell 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, lams, ordinances, and
regulat ions 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 itsworkmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER aswell 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
locked where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulat ions. Feld offices shall include telephone
facilities.
Protection of Existing Property Improvements:
6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
ARTICLE 7 -WORK BY OTHERS.
7.1
The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWN ER 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 OWN ER, 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 OWN ER is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the OWNER or others will cause the CONTRACTOR
additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore
as provided in Articles 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 Ste shall keep themselves informed of the progress of
the work of other contractors. 3iould lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9
The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
7.10
The CITY reservesthe right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
ARTICLE 8— CITY'S RESPONSIBILITIES.
8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of them under the Contract Documents
8.4 The CITY'Sduties in respect to providing lands and easements are set forth in Paragaphs4.1 and 4.2.
8.5 The CITY shall have the right to take possession of and use any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such taking possession and use shall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents
ARTICLE 9— CONSULTANTS' STATUS DURING CONSTRUCTION.
City's Representative:
9.1 The CONSULTANT shall be the C ITY'S representat ive 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 CON SULTANT'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 Rorida
Visits to Ste:
9.2 The CON SULTANT 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 OWN ER 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 OWN ER 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 atimely 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 Sates 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 p raivings Chang Orders and Nyments:
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 Chang 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.
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
Sibcontractors, 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 THEWORK.
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 awritten 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 and the
CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall
be certified by the CON SULTANT 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 aformal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These maybe accomplished by awritten Feld Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Feld Order would entitlesthe
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
Feld Order and submit awritten proposal for Change Order within four (4) daysthereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3
Additional Work performed by the CONTRACTOR without authorization of awritten Change Order
shall not entitle it to an increase in the Contract Rice 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 Rice 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 Rice 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 Rice 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 A its expense without changing the Contract Rice.
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);
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 awritten
Change Order, or as otherwise provided in another section of the Contract Documents.
11.4 When aChange 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
CONTRACTORScost 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 atimely 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 awritten
Change Order, submit to the CITY and CONSULTANT awritten notice including astatement 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 wags.
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 costsfor 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. PErroll 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 discountsthat are available and
offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for
items that offer adiscount. Cash discounts shall accrue to CONTRACTOR unless the
CONTRACTOR fails to timely notify the CITY of the discounts or if the OWNER deposits funds
with CONTRACTOR with which to make payments in which cases the cash discounts shall
accrue to the OWN ER. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make
provisions so that they may be obtained.
11.8.3 Payments made by CONTRACTOR to the SAbcontractorsfor 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 cage 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 CON SJLTANT, and the costs of transportation, loading
unloading installation, dismantling and removal thereof -ail 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 Sles, 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'Sofficers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers,
agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR
whether at the site or in its principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in Subparagraph 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'Sc2pital expenses, including interest on CONTRACTORScapital
employed for the Work and charges against CONTRACTORfor delinquent payments
11.9.4 Cost of premiumsfor all bonds and for all insurance policieswhether 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 darnage 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'Sfeewhich shall be allowed to CONTRACTORfor 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 OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
manner as provided in 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 -TI ME FOR COMPLETION LIQUI DATED DAMAGES AND CHANGE OFTHE
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 OWN ER 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 oonditionsthat 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 OWN ER 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 OWN ER 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 anount of said damages and the cost and effect of the failure
of CONTRACTOR to complete the Contract on time. The above- stated liquidated darnagesshall
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 awritten 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'Srepresentative. Any change
in the Contract Time resulting from any such claim shall be incorporated in awritten 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 Dravings 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 De rages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to
delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall
be limited to increased cost of materials that were unanticipated and that would not have been incurred
but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an
extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such
resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st
day following the date of the event upon which the claim is based.
12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than
termination for default or convenience, the CONTRACTOR and the city department responsible for the
L'
Y
administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department with the advice of the City Attorney and the
CONSULTANT shall rule on the disputed issue and send awritten copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE 13— GUARANTEE.
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly, all materials and equipment furnished and Work performed for patent
Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in the
CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if
issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if more than
one is applicable, the one that is issued last, for patent Defective Work,. The same guarantee and
unconditional warranty shall be extended for three (3) years from the date of Final Acceptance as
indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of
Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if
more than one is applicable, the one that is issued last, for latent Defective Work. The CITY will give
notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail
to commence to correct such Defective Work within ten (10) calendar days after having received written
notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute
the corrective work continuously and diligently and in accordance with the Contract Documents,
applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in
whole or in part and cause the Defective Work to be removed or corrected and to complete the Work
at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby
incurred. The Performance Bond shall remain in full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section 13.1, shall take precedence over fiction 13.1.
13.3 CONTRACTOR shall act as agent, on a limited basis for the OWN ER, at the CITY's option, solely for
the follow -up concerning warranty compliance for all items under manufacturer's Warranty /Guarantee
and for the purpose of completing all forms for Warranty /Guarantee coverage under this Contract.
13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet
the specification requirements. Upon written notification of rejection, items shall be removed within five
(5) business days by the CONTRACTOR A his own expense and redelivered at his expense. Rejected
goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the
right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the
good or to compensation of any kind. Rejection for Non - Conforming Work or failure to meet delivery
schedules may result in the Contract being found in default.
ARTICLE 14 - PAYMENTS AND COMPLETION.
payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"purchase order ", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stored at or near site,
the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY,
which establishes the OWNERS 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
CONSJLTANT 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 OWNB� 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 OWNB� will within thirty (30) calendar days of presentation
to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis
of the approved partial payment estimate. The OWN BR 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 OWN BZ
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 Fiorida Construction Lien Statute as well as final releases of lien
executed by all persons who hate 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 ajoint check made payable to the
CONTRACTOR and such person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by
an Application for Payment whether the Work, material or equipment is incorporated in the Project or
not, shall have passed to the OWNER prior to the making of the Application for Payment, free and clear
of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to
as "Liens "); and that no Work, materials or equipment, covered by an Application for Payment, will halve
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the C0NSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
dat4 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 asoertdn 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 OWN M 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 personswho 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 ajoint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement ageement, otherwise the money shall be
held by the OWNER until ajudgment is entered in favor of the CONTRACTOR or the person, in which
rase the money shall be paid according with said judgment. Nothing contained herein shall indicate an
intent to benefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is
unable to make such representations to the OWNER as required this Section 14. It may also refuse to
approve any payment, or it may void any prior payment application certification because of subsequently
discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary
in its opinion to protect the OWN ER 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 OWNED with the approval of the CONSJLTANT, 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. %ch use shall not constitute an acceptance of such portions
of the Work.
14.8 The CITY shall hate 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 OWN ER
14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue aCertificate 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 OWN El:� shall be paid to the
CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work.
14.10 Upon The atarded CONTRACTOR will be strongly encouraged to register as an ePayablesVendor with
the Owner. The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards eftables, 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 Mailable
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 eftables Questions & Answers Form
contained in this ITQ or contact the OWN BR's Finance department at (305) 663 -6343 with any
questions.
Acceptance of Final Payment as Release
14.11 The Acceptance by the CONTRACTO R of Final Payment shall be and shall operate as a release to the
OWN ER and awaiver 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 OWN BR 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 Fayment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the
Work as may be necessary in his opinion to protect the OWNER from loss if he determines, because of
subsequently discovered evidence or the results of subsequent inspection or tests, that:
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20 %in the case of Substantial Completion and 5 %in the case of Final
Completion.
14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the cage of Substantial Completion and 5%
in the case of Final Completion.
14.13 If the CONSULTANT de- certifies any portion of the Work that was certified ( "Initial Certification ") by
the CONSULTANT, the CONTRACTOR shall repay to the City of South Miami any money paid as
result of said Initial Certification being issued which shall be paid only when the decertified work is re-
certified.
ARTICLE 15 —SUSPENSION OF WORK AN D TERMINATION.
15.1 The CITY may, A 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 rterials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to the OWNER Such costs incurred by the OWNER shall be determined by the
CONSULTANT and incorporated in aChange Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTORwas not in default, the rightsand obligationsof the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section 15.5
I
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY
may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the OWN ER 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 male for profit for Work which has not been performed.
15AA The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment
and supplies from the property of the OWNER Should the CONTRACTOR not remove such
equipment and supplies, the CITY shall halve the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR egees that the OWN ER 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 pat.
Contractor May aop 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 OWN ER 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 dayswritten notice to the CITY and the CONSULTANT, terminate the
Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If
timely remedied by the CITY, the Contract shall not be considered terminated. In lieu of terminating the
Contract, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due.
Indemnification of Independent Consultant
15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent
contractor of the OWNER the CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of the CONTRACTOR or the OWN ER pursuant to the
terms of the Contract Documents. Therefore, the OWN ER, at the CON SULTANT's request, agrees to
provide the CONSULTANT with awritten indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
an interpretation, de- certifies a payment application, decertifies Substantial Completion, decertifies Final
Completion, certifies an event of defwlt, 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 OWN ER The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions, if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the OWN ER 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 laN, by special guarantee or by other provisions of the Contract Documents.
16.4 Should the OWN ER or the CONTRACTOR suffer injury or damage to its person or property because of
any error, omission, or act of the other or of any of their employees or agents or others for whose acts
they are legally liable, claim shall be made in writing to the other party within twenty -one (21) calendar
days of the first observance of such injury or damage.
ARTICLE 17 - WAIVER OF JURY TRIAL.
17.1 OWNER and CONTRACTOR knowinjy, 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,
laevsuit 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 gate of Florida
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any dam
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, Rorida
18.3 Except as may be otherwise provided in the Contract Documents, all dams, counterclaims, disputesand
other matters in question between the OWN ER 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 OWN ER'Sexpense, the
books and records and axounts of CONTRACTOR which relate in anyway to the Project, and to any
clam for additional compensation made by CONTRACTOR, and to conduct an audit of thefinanclal 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 clam 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 days written
notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.0701) while providing services on behalf of the OWN ER and the CONTRACTOR, under such
conditions, shall incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR
and its subcontractors are specifically required to: (a) Keep and maintain public records that ordinarily
and necessarily would be required by the public agency in order to perform the service; (b) Provide the
public with access to public records on the same terms and conditions that the public agency would
provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by lav; (c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records
in possession of the contractor upon termination of the contract and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements All records
stored electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
Supplementary Conditions
Demolition Services
|TC>#BD2U1S-13
A. Consultant: |n accordance with ARTICLE 1of the General Conditions Q]NajLTANTisdefimed as the
person identified asthe CONSULTANT in the - SupplementaryConclitionsmif none, then CITYs
designated representative ns identified in the Supplementary Conditions The{}ON9ULJ7\NT`s, if any,
and the City's Designated Representative's name, address, telephone number arid facsimile number are as
follows.
Consultant: N /A
B. Termination or 8ibstitutioncfConsultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting another ^person"toact asth*CDN8U[TANT
C. Plans for Construction: The successful CONTRACTOR will be furriShed sets of
Contract Documents without ohe/ga Any additional copies required will be furnished to the
CONTRACTOR ata cost tn the CONTRACTOR equal to the reproduction cost.
D. The Scope of E�rvimss, also referred to as the Work in the contract documents, ismeset forth in the |TQ
and in the attached oa" Scope ufServioes�' to the |TC> and \f there ioa conflict the attached Exhibit
shall take precedence.
E Contractor shall comply with the insurance and inclemnification requirements is set forth in the ITQ and
in the document set forth in the attached B<H|BIT 1 to the |TC> and if there iaa conflict the attached
Exhibit shell take precedence.
F The Work shall be completed in 30 calendar d3ys unless o shorter time io set forth in the Contract and
in such event the Contract eh2l| take precedent notwithstanding any provision in the General Conditions
to the Contract that may beto the contrary.
|N'VV|TNE88VVHEREOF. the parties hereto haie executed theEbpp|enmsntm'y Conditions to
acknowledge their inclusion es part of the Contract on this day of .20 ___.
IBM
Print Signatory's N arne:
Title of Signatory:
ATTESFBD: OVVNBl CITY OF SOUTH MIAMI
9gnaitme:
Maria Menendez
City Clerk
Read and Approved mato Form, Language,
Legality, and Execution Thereof
Signature:
City Attorney
Steven Alexander
City Manager
Serving the State of Florida