Williams Paving CoPROPOSAL SUBMITTAL CHECKLIST FORM
Multiple Locations for Road Resurfacing Projects
This checklist indicates the forms and documents to be submitted for this solicitation and tobe presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified inan addendum oo this Solicitation. The response shall include the following items:
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
Thomas F. Pepe
Proposal package shall consist of one (|) original unbound
x
proposal, three (3) additional copies and one |) digital (or
comparable medium including Flash Drive, DVDor CD) copy
x
Indemnification and Insurance Documents EXHIBIT 2
x
Construction Bid Form, EXHIBIT 3
x
Signed �on�actDocuments (Al| — induJiog General Conditions
and .Supplementary Conditions ifattached) EXHIBIT 4^5,&6
x
Performance and Payment Bonds (As a Condition �n��m�Not
required with Su6m/ttaI.) EXHIBIT 7&0
x
^�
Respondents Qualification Statement
x
List cf Proposed Subcontractors and Principal Suppliers
x
Non-Collusion Affidavit
x
Public Entity Crimes and Conflicts ofInterest
x
w~
/~
Drug Free Workplace
x
Acknowledgement of Conformance with OSHA Standards
x
Affidavit Concerning Federal & State Vendor Listings
x
Related Party Transaction Verification Form
x
Presentation Team Dec |arvcion6«fH6avitofRepresentation
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
Thomas F. Pepe
South Miami
THE CI IN OF ITFASANI I IVING
Project Name: Multiple Locations for Road Resurfacing Projects
Date: April 6, 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 orJginally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
No, a bid bond is not required to bid. However, a Performance and Payment Bond are
required as a condition of award.
M���
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Page 1 of 1
The City of South Miami, Florida (hereinafter referred officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request
for Proposals" or''RFp'). All references in this Solicitation (also referred to as an "Invitation for Proposals" or
"Invitation to Bld,' to '«Cicy" shall be a reference uothe City Manager, or the manager's designee, for the City of
South Miami unless otherwise specifically defined.
The City ishereby requesting sealed proposals in response co this RFP #PW2Q|6-o8 "Multiple Locations for
Road Resurfacing Projects." The purpose of this Solicitation is to contract for the services necessary for the
completion of the project in accordance with the Scope of Services, (Exhibit 1, Attachment A) and Respondents
Cost and Technical Proposal, or the plans and/or specifications, if any, (Exhibit 1; Attachment B), described in this
Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the
City Clerk's office Monday through Friday from 9:00 a.m. to 4:08 pm. or by accessing the following webpuge:
http:/Aom*w.muut6mmimm{R.gov/ which is the City of South Miami's web address for solicitation information.
Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package,
including all documents listed in the Solicitation.
The Proposal Package shall consist mf one (l) original unbound proposal, three (3)additional copies
and one (|) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which
shall be delivered to the Office of the City Clerk located at South Miami City Hall, 8130 Sunset
Drive, South Miami, Florida 33l43. The entire Proposal Package shall be enclosed ina sealed envelope or
container and shall have the 6r0mming Envelope Information clearly printed or written on the exterior ofthe
envelope or container in which the sealed proposal is delivered: "Multiple Locations for Road Resurfacing
Projects," RFP #PW2016-08 and the name of the Respondent (person or entity responding to the Solicitation.
Gpedo| envelopes such as those provided by UPS or Federal Express will not beopened unless they contain the
required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office
of the City Clerk, either by mail or hand de|ivary, no later than 18;00 a.m. local time on April 25` 2016.
Hand delivery must be made during normal business days and hours of the office of City Clerk.
A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City
Hall, 8|30 Sunset Drive, South Miami 33143. Any Proposal received after 10:00a.m. local time nn said date will
not be accepted under any circumstances. Any uncertainty regarding the time n Proposal is received will be
resolved against the person submitting the proposal and in favor nF the Clerk's receipt stamp.
A Non-Mandatory Pre-Proposal Meeting will he conducted at City Hall in the Commission
Chambers located at 613O Sunset Drive, South Miami, FL 33143 on April |4,20i6 at1O:QOa.rn..The
conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and
provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained inthis
Solicitation Package. The City reserves the right to award the Project to the person with the lowest, most
responsive, responsible propoma|, as determined by the Chy, subject to the right of the City, or the City
Commission, to reject any and all proposals, and the right of the City uz waive any irregularity in the Proposals or
Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a
Respondent or Respondents, other than to one who provided the lowest Proposal Price or. if the Scope of the
Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent..
Maria M. Menendez, CIVIC
City Clerk, City of South Miami
SCOPE OF SERVICES and SCHEDULE OF rA
Multiple a t. : for Road . • Projects
RFP #P
f 1
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I
• s
Thomas F. Pepe
12/1012015
SCHEDULE OF EVENTS
RIFIR #PW2016-08
No � Event
Date* I Time*
(EST)
10MR -"
21111FAIII
q
Advertisement/ Distribution of Solicitation & Cone of
Silence begins
3/29/2016
12:00 PM
2
Non-Mandatoa Pre - FP Meeting
4/14/2016
10:00 AM
3
Deadline to Submit Questions
4/18/2016
10:00 AM
4
Deadline to City Responses to Questions
4/20/2016
10:00 AM
5
Deadline to Submit RFIP Response
4/2512016
10:00 AM
6
Projected Announcement of selected Contractor/Cone of
Silence ends
5/3/2016
7:00 PM
10MR -"
21111FAIII
q
|. Purpose of Solicitation. The City of South Miami is requesting proposals for the lowest and most responsive
price for the Project. The City reserves the right to award the contract to the Respondent whose proposal is
found nobek` the best interests of the City.
Z. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms
normally engaged in providing the services requested. The proposing firm must demonstrate adequate
experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the [|q/
of South Miami. The City reserves the right, before recommending any m*urd, to inspect the offices and
organization or to take any other action necessary to determine ability to perform in accordance with the
specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to
perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where
evidence submitted, or investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm s6uU clearly indicate, as applicable, all areas in which the
services proposed donot6u||ycomplywicht6erequinamevts of this Solicitation. The decision astowhether
an item fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact. The awarded #nn shall appoint a person to act as a primary contact with the City of
South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in
person, and shall be knowledgeable of the terms of the contract.
S. Precedence pfConditions. The proposing firm, 6y virtue o{submitting a response, agrees General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as .an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being st
the top of the list and the remaining documents in descending order of precedence. This order of precedence
shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the
Contract:
a) Addenda ooSolicitation
b) Attach men,s/Exh\ bits to
d Solicitation
6) Attachment/Exhibits to Supplementary Conditions
Supplementary Conditions to Contract, if any
8 Attach m=n6Exhi6ksnoContract
c} Contract
h) General Conditions to' Contract, ifany
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may o||om the proposing firm to withdraw an 'erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
m) The proposing firm acted in good faith in submitting the response,
b) The error was not the result of gross negligence or willful inattention nu the part uf the firm;
d The error was discovered and communicated to the City within twenty-four (24) hours (not
including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request
for permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error
was made and delivers adequate documentation to the {]q/ to support the explanation and to show
that the error was not the result mf gross negligence pr willful inattention nor made in bad faith.
I The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. {f there |so
conflict between the Cover Letter and these 1nuuumiona, or any other provision of this Solicitation, the
Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation.
Thomas p.Pepe
12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such
event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to
one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any
contract for the provision of goods or services for a period of one year. Contact shall only be made through
regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are
for the purposes of obtaining additional or clarifying information.
Thomas F. Pepe
12/10/2015
13. Lobbying, All firms and their agents who intend to submit, or who submitted, bids or responses for this
Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City
Commissioner of the City of South Miami are to be lobbied either individually or collectively
concerning this Solicitation. Contact shall only be made through regularly scheduled Commission meetings, or
meetings scheduled through the .Purchasing Division, which are for the purposes 'ufobtaining additional or
clarifying information.
14. Reservation of Right. The [iq/ anticipates awarding one contract for services as a result of this Solicitation
and the suoca,db( firm will be requested to enter into negotiations to produce a contract for the Project.
The City, however, reserves the righ� in its sole discretion, to do any of the following:
a) co reject any and all submitted Responses and to further define or limit the scope of the award.
b) nu waive minor irregularities in the responses nrhm the procedure required 6y the Solicitation
documents.
c) »o request ad6id na|infnrmacionfrum0rmousdeemednecesaary.
d) uo make an award without discussion mr after limited negotiations. |c is, therefore, important that all
the parts of the Request for Proposal be completed iv all respects.
e) cn negotiate modifications uo the Proposal that it deems acceptable.
8
to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed uz negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees nm such modifications and tpbe bound by such modified documents.
h) tm cancel, in whole orpart, any invitation for Proposals when itis|n the best interest of the City.
i) co award the Project to the person with the lowest, most responsive, responsible Proposal, as
determined by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price'
W if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The firm, by submitting a proposal, warrants that it has not employed
or retained u company or person, other than obona fide employee, contractor orsubcontractor, working in
its employ, to solicit qr secure a contract with the City, and that irhas not paid or agreed ro pay any person,
company, corporadun, individual or firm other than o bona fide employee, contractor or.sub`mmn,o1cant,
working in its employ, any fee, commivaiun, peroentage, gift or other consideration contingent upon or
resulting from the award or making ofa contract with the City.
|6. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor
list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a
contract to provide any goods or services, or a contract for construction or repair of a public building, may
not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a
contract to perform work as a CONTRACTOR, sub-contractor, supplier, sub-consultant, or consultant under
a contract with the City of South Miami, and may not transact business with the O9, of South Miami for o
period of36 . months from the date p{ being placed on the convicted vendor list.
|7. Respondents shall use the Proposal ponn(s) furnished bythe City. All erasures and corrections must have the
initials of the Respondenes authorized representative in blue ink at the location of each and every erasure and
correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue
ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NN'. The
proposal shall be delivered onor before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected, Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent shall deliver orthe City, as part o{its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions moRespondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/Bid Bond. H3mod or cashier's cherW.i(required, attached to the Proposal Form.
Thomas F. Pepe
e) Certificates of Competency as well as all applicable State, County and City Licenses held by
Respondent
f) Certificate of Insurance and/or Letter pfInsurability,
18. Goods: |f goods are tobe provided pursuant to this Solicitation the following applies:
a) Brand Names: If brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this SoUdtatino, whether or not followed by the words "approved equa|^, it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are
equal to the goods described in this Solicitation with appropriate iJentiHcadon, samples and/or
specifications for such item(s). The City shall be the sole judge concerning the merits of items
proposed asequals.
b) pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended phce(s), the unit price(s) shall prevail and the extended price(s)
shall be adjusted tocoincide. Respondents are responsible for checking their calculations. Failure to
do so shall 6eatthe Respondent's hsk, and errors shall not release the Respondent from his/her or
its responsibility mg noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to
the City. Each individual sample must be labeled with the Respondent's name and manufacturer's
brand name and delivered 6yit within ten (|O) calendar days uf the Proposal opening unless schedule
indicates a different time. |f samples are requested subsequent oo the Proposal opening, they shall be
delivered within ten (10) calendar days of the request. The City shall not be responsible for the
return o(samples,
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
�
Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on
this Proposal prior to their delivery, it shall be the responsibility cJthe auoceua6u| Respondent to
notify the [iq/ at once, indicating in its letter the specific regulation which required an
alteration. The [iq/ of South Miami reserves the right to accept any such a|ceezion, including any
price adjustments occasioned chm,aby, or to cancel all or any portion of the Contract, at the sole
discretion of the City and at no further expense to the City with thirty (30) days advanced notice.
{) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a
period of one hundred eighty (|BU) calendar days from the date of the Proposal opening unless
otherwise stated iv the Proposal Form. Incomplete, unresponsive, irresponsible, vague, mrambiguous
responses to the Solicitation shall be cause for rejection, as determined by the City,
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the []tY conform
i^ all respects tn the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must he accompanied by Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. Liability, Licenses &Permits: The successful Respondent shall assume the full duty, obligation, and expense cf
obtaining all necessary |icensas, permks, and inspections required by this Solicitation and as required by
im*. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the
Respondent (or its agent or employees) or any d for or through the Respondent. Respondents
shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement
necessary to practice their profession and applicable to the work to be performed as required by Florida
Statutes. the Florida Building Cbde, Miami-Dade County Code or City of South Miami Code. These
documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required
licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and
forfeiture of the Proposal/Bid Bond, i{ required for this Project.
2U, Respondent 'shall comply with the City's insurance requirements amset forth in the attached EXHIBIT 2^prior
cn issuance ofany Cmntmacds)orAward(s) Ka recommendation for award ofthe contract, oran award oƒ
the contract is made before compliance with this provsion, the failure co fully and satisfactorily comply with
the City's bonding, ifrequired for this project, and insurance requirements as set forth herein shall authorize
the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of
contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the
City harmless and agrees to indemnify the City and covenants not uo sue the City 6y virtue mfsuch rescission.
Thomas F. Pepe
7
21. Copyrights and /or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been,
nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City
from any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this Solicitation shall not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the Bid Form and /or the form of contract that is a part of
the Solicitation package and /or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
23. Evaluation of Proposals. The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, financial position, experience, staffing, equipment,
materials, references, and past history of service to the City and /or with other units of state, and /or local
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
Contract,
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as
amended, when requested shall be cause for rejection of the Proposal as determined by the City.
25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a
conviction for a public entity crime may not submit a response on a contract to provide any services to a
public entity, may not submit Solicitation on leases of real property to a public entity,, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of
36 months from the date of being placed on the Convicted Vendors List.
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a
company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to
solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in its
employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of a contract with the City.
27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract,
as applicable, unless the claim is based solely on allegations of fraud and /or collusion. The submission of a
proposal shall act as an agreement by the Respondent that the Proposal /Bid Bond, if required for this project,
shall not be released until and unless the Respondent waives any and all claims that the Respondent may have
against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's
favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover
its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court
costs and expenses associated with the litigation are awarded to the City, the Proposal /Bid Bond, if required
for this project, shall be applied to the payment of those costs and any balance shall be paid by the
Respondent.
28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or
termination of the contract.
29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal /Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal /Bid
Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security.
30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and /or furnishing materials in connection herewith. In addition,
if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require
OEM
M
that the Respondent provides employee bonding, naming the City uf South Miami as the obligee on the bond.
The bonds shall be with a surety company authorized todnbusiness in the State of Florida.
]&|~ Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
30.2. Each Performance Bond shall continue in effect for five years after final completion and
acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
303' Each Payment bond shall guarantee the full payment ofall supp|iers, material man, )aborero, or
subcontractor employed pursuant omthis Project.
30`4. Each Bond shall be with a Surety company whose qualifications meet the requirements of
insurance companies as set forth in the insurance requirements of this solicitation.
38.5. Pursuant to the requirements of Section I55.05. Florida Statutes, Respondent shall ensure that
the Bond(s) above shall be recorded in the public records ofMiami'Dade County and
provide CITY with evidence of such recording.
30,6. The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds fn accordance with the United States Department of Treasury Circular S7O. current revisions.
31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposa|, agrees to the
terms contained in the form of contract that is part of this Solicitation package. the successful Respondent,
within ten (|D) calendar days of Notice ca Award by the City, shall deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the
required ixsunmos documentation as well as a Performance and Payment Bond if these bonds are required.
The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the
required Bonds and Insurance Documents within the specified time shaU, at the City's option, forfeit the
Proposal/Bid Bond/Security that accompanied the propooa|, and the Proposal/Bid Bond/Security shall be
retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid
Bond, that this 'sum 1oa fair estimate of the amount of damages the City will sustain in case the Respondent
fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If
the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the
Respondent td|y to perform in accordance with the Contract Documents. Pro |/06 Bond/Security
deposited inthe form of a cashier's check drawn ona local bank in good standing shall besubject to the same
requirements auaProposal/Bid Bond.
32. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall
be grounds for rejecting u Proposal from o Respondent who 6i6 not attend the mandatory pre-proposal
conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist,
asa Solicitation result mf failure uumake the necessary examinations or investigations, or failure cocomplete
any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract
with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a
survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and
will not be entitled to any change order due to any such condition. If the survey is provided 6e6xna the
proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the
survey is provided subsequent om the submission of the pnoposa|, the Respondent shall have five calendar days
to notify the City of any additional costs required by such conditions and the City shall have the right uoreject
the proposal and award the contract tm the second most responsive, responsible bidder with the lowest price
or to reject all bids.
33. Time ofCompletion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions oftime may be allowed only in accordance with
the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders shall be allowed for delays caused by the City, other than for extensions oftime to complete
the Work.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a
fully completed Bid Form found mnEXHIBIT 3 which isa part of this Solicitation Package.
35. Cancellation of Bid Solicitation: The City reserves the right to canpel, in whole or part, any request for
proposal when icisin the best interest ofthe City.
36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
Thomas F. Pepe
|2/|0/m15
37. All respondents, at the time ofbid opening, must have fulfilled all prior obligations and commitments o»the
City in order nohave their bid considered, including all financial obligations. Prior ^o the o[ any bid
proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies,
fees, taxes, Urns or other charges owed to the City by the Respondent, any of the Respondent's principal,
partners, members or stockholders (collectively referred coas "Respondent Debtors"). Abi6. proposal or
quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid
in full. No bidder who is in default of any prior contract with the City may have their bid considered until the
default i, cured co the satisfaction oythe City Manager.
38. Bid Protest Procedure. See attached EXHIBIT 9\
39. Evaluation Criteria: |f this project )suobe evaluated byan Evaluation Committee, the evaluation criteria is
attached aaN/A.
Et
%ESPONDENT QUALIFICATION STATEMENT
Multiple Locations for Road Resurfacing Projects
RFP #PW2016-08
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last three (3) completed similar projects.
3
Project Name: 5R "7 =rnprbven-en+5
Owner Name: • 0 - 15-h/ i C+ 51
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days): / 90 of
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price
Thomas F. Pepe
1 211 0120 1 5
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3. Current workload
4. The following information shall be attached to the proposal.
a) RESPONDENT's home office organization chart. 5:5c 0 MrWj--,,, A
1-1
b) RESPON DENT's proposed project organizational chart. �56!�%t TICI-CPO C:i
c) Resumes of proposed key project personnel, including on-site Superintendent.
5 C-,-- a
5. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
Thomas F. Pepe
12/1012015
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Resume of Elliot Eichel
Education July 2O0Oto December 2DD4 Florida International University; Miami, Florida
Bachelor of Science in Construction Management
"
Program of study comprised of construction related courses such as
Estimating, Construction Surveying, ConstructhxnSbework
Construction Safety, and Structural Design
Work experience
I004-2005 Williams Paving Co., Inc. Medley, Florida
Assistant Project Manager
• Project Scheduler
• Estimating
2005-2013 Williams Paving Co., Inc. Medley, Florida
Project Manager
° Coordinate and supervise the construction process from start tofinish,
implementing muy knowledge |m budgeting, scheduling, and experience.
2013-2015 Williams Paving [o, Inc. Medley, Florida
Senior Project Manager
" Supervise Project Managers.
2Q1G-Current Williams Paving Lo, Inc. Medley, Florida
Vice Preside nV\Opemtions
" Oversees all work out in the field.
Accreclitations and
licenses ATSSA Intermediate Certified
5300 S.W. 148 Avenue o South West Ranches, Fl. 33330 o (954) 434-0358
PROJECT MANAGER
Construction project manager having 11 years of experience ensuring that each construction project occurs according to
schedule and within budgetary guidelines without sacrificing quality, Backed by a proven history of on-time, on-budget
and high-quality project completions to the satisfaction of the clients.
—FDOr Projects Site SafetylOSHA Compliance — SubcontractorlCrew Supervision
—^,"°,n |—Change Order Management |—Microsoft Word and Excel
WILLIAMS PAVINK5 CO., IUC. (Medlev. FL) — Construction Project Manager, 2/2003 to Present
Responsible for the overall project planning, daily scheduling, project accounting, and contract compliance within standards and
specifications.
Project Highlights
- Infrastructure improvement Projects (2003 to Present) 0 Budgets up to 18.5M
City of Miami. $2,9001929.00 in experience to date
City pf Hallandale Beach: $46r,867.o8inexperience to date
City ny South Miami: $411J0VO.AOio experience todate
City of Miami: $2,542,0VU.13Miv experience bndate
City mfDma(: $721,881`000 in experience to date
City of Pompano Beach (AirPark):$344,361,OOO^OOin experience tndate
City afSweetwater: $69,,3l9.80in experience tndate
City mf Lauderdale Lakes: $745/670.VO|n experience tndate
City of Miami: $4749'U62.0Vin experience to date
City of Hialeah: $710,086J00in experience todate
City of Lakes Worth: $189,315.VOin experience todate
City uf Coral Gables: $523/45Q.OD in experience todate
City n[ Cooper City :$195,QO&`D0in experience todate
City of Miami :$4,5s5,OOO.U0im experience bmdate
Currently managing 2 Miami Dade County projects with a combined contact value of over 10.5 million
MIAMI SPRINGS SR. HIGH (MIAMI SPRINGS FL)
MI8MI[ADE COMMUNITY COLLEGE ' Associate Degree Arch. -(Miani,FL)
2009 —PRESENT WILLIAMS PAVING COMPANY, INC.
SUPERINTENDENT
Supervision of all phase of aproject from site work to
paving. Experience with all heavy equipment, from dozers
to asphalt pavers.
2003 —2009 WILLIAMS PAVING COMPANY, INC.
FOREMAN
Supervised construction, water-sewer drainage and
concrete construction. Supervised a crew.
1993 —2003 WILLIAMS PAVING COMPANY, INC.
LABORER
General Construction duties.
1988-1993 TRIPLE A PLASTERING
ASSISTANT LABORER
General Construction duties.
1986-1987 WILLIAMS PAVING COMPANY, INC.
LABORER
General Construction duties.
b) Any arbitration or civil or criminal proceedings, or 1� 011C
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References:
Type of Project- B t) &I d LAJ CD Y- I IL ':TM 0 ro 1/61 eYl 1 s
Thomas F. Pepe
12110/2015
14
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIEF&9,
Multiple Locations for Road Resurfacing Projects
RFP -0i
Thomas F. Pepe
12110/20 15
15
•
COUNTY OFmNMI-DADE )
Ju Sc being first duly sworn, deposes and states that:
(|) He/She/Theyis/mre the
(Owner, Partner, Officer, Representative or Agent) of
attached Proposal;
(2) He/She/Theyis/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such |;
(]) Such Proposal is genuine and is not acollusive or sham Proposal;
(4) Neither the said Respondent nor any of its officem, partners, o*ners, aQents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived
or agreed, directly or indirectly, wich any other Respondent, Grm, or person to submit collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
uz refrain from Bidding or proposing in connection with such Work; or have fn any manner, directly
or indirectly, sought by agreement or cd|usiun, or communicadon, or conference with any
Respondent, hrm, or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, oroo fix any nyerhea6, profit, or cost elements of the Proposal Price or the
Proposal Price cf any other K,mpondem oroo secure through any collusion, connivance,
or unlawful agreement any advantage against (Racipiend, 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 o,parties vf interest, including this affiunt.
Signed, sealed and delivered |n the presence ot
Witness
Date
On this the c>13 day of 20 before me, the undersigned Notary Public of the State
__9f Flori pUrsonally appeare�,(Name(s) of individual(s) who appeared before notary)
oe-) Lie i , co to Ic'6 tv / J-) and whose name(s) is/are Subscribed to the within
instrument, and `ke/she/�hey acknowledge that he/she/they executed it.
Thomas FPepe
10.
(Name of Notary Public: Print, Stamp or type as commissioned.)
Thomas F. Pepe
12/10/2015
17
Did take an oath, or
Did Not take an oath.
Pursuant the provisions of Paragraph 33, Florida StateStatutes — "A person or afffl kate
who has been placed onthe 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 tou public endq/^ may not be awarded to perform Work
asp RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount Category Two of
Section Z87.O|7. Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor
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.
LO] 19 01 F-A W-'AVJ 111KNOW1 OR LOX-11
|. This sworn statement b submitted co
[prini name of the public entity)
[print individual's name and title]
for UOtLLICItY15 Pdt1Ir)4 CC-
[print name ofentity submittingYworn statement)
l | understand that a"public entity crime" as defined in Paragraph 387.i33(1)(g), Florida Statutes
means uvipEation o{ any state or federal law by person with respect to and directly related to the
transaction o[business with any public or with an agency mr 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 ocher state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. | understand that "convicted" or "conviction" as defined in Paragraph 287.133 ( ) (b), Florida
Statutes, means afinding of guilt oraconviction ofapublic entity crime, with or without an /adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or
nu|ucontemclere
4. | understand that un^affi|iate'as defined in Paragraph Z07|33(1)(a), Florida Statutes, means:
(a) A predecessor or successor ofa person convicted o[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 ofa public entity crime. The term ''affiUate° includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
Thomas p.Pepe
E
the management of an affiliate. The ownership by one person of shares constituting ucontrolling
interest i mo or a pooling of equipment or income o when for fair
oov^oc value under an annu length agreement, `nm/ be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted ofa public entity crime io Florida during the preceding 38 months shall
be considered anaffiliate.
| understand that a "person" as defined in Paragraph 287]]3 (1) (e), Florida Statutes, means any
natural person or entity organized under the |u*o of any state or of the United States with the legal
power to enter into a binding contract and which bids or proposal or applies to bid or proposal on
contracts for the provision of goods or services let by a public enthY, or which otherwise transacts or
applies to transact business with e public entity. The cenn "person" includes those officers, d\recomrs,
executives, partners, shareholders, employees, members, and agents who are active in management of an
entity.
6 Based pn information and belief, the statement which | have marked below b true in relation to the
:ZNeither the entity submitting this sworn statement, nor any of its officers, directors, executives,
ubmitting this [Indicate which statement opoUeu]
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
The entity submitting this sworn statement, or one ormore of its officers, directors, executives,
shareholders,
Florida, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Division ofAdministrative 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 u copy of the final orderJ
Sworn uz and subscribed before methis day of
Personally known
(Type of identification)
19
(Printed, typed or stamped commis'sioned
name of notary public)
,�p'f P,% Notary Public State of Florida
ivera
my
My Commission EE 218201
F. _ Pre Ile 01
p_Xpires. 07/1912016
Whenever two or more Bids m 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 ic has implemented a drug-free workplace program shall 6e
given preference in the award process. Established procedures for processing tie Bids or Proposals shall be
followed ifnone uf the tied vendors have a drug-free workplace program. |n order *n have a drug-free workplace
program, a business shall:
() Publish a statement notifying employees that the unlawful manufacture, dischbu6 dispensing,
possession, or use ofa controlled substance is prohibited in the workplace and specifying the
actions thashaU6e taken against employees for violations of such prohibition.
4 Inform employees about the dangers ufdrug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy oJ the statement specified 1n Subsection (|).
4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working
oJ the commodities or contractual services that are under Bid, heemployee shall abide bythe
terms of the statement and shall notify the employee of any conviction of, or plea cf guilty or
noloomten6en:to, any violation oT Chapter 8V3orof any controlled substance law of the United
States or any state, for aviolation occurring in the workplace no later than five (5) business days
after such conviction.
S) Impose a sanction on, orrequire the satisfactory participation inu drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
RESPONDENT's Signature:
Print Name:
00
TO THE CITY OF SOUTH MIAMI
Die -
We, 01WOM-5 P40,0,5 & ,',—,(Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the Multiple Locations for Road Resurfacing Projects as specified have the sole
responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970,
and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South
Miami and N/A (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may
incur due to the failure of (Sub-contractor's names):
to comply with such act or regulation.
Thomas F. Pepe
12/10/2015
K
Witness
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida
Department of Management Services website:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted cusp
ended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
1, bpilje* 5 (hereinafter referred to as the "Declarant") state, under penalty of perjury,
that the following statements are true and correct: —
(1) 1 represent the Respondent whose name is �J 0-se e od� rA it e- z-
(2) I have the following relationship with the Respondent PYeS i ClCr-) --f- , (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Mernber> (if Respondent is a Limited Liability
Company).
(3) 1 have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business — 0 perations/state—pu rchasi ng/vendor—i nformatio n/convicted—su spend ed_d i
scriminatory_,complaints — — vendor lists
(4) 1 have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing, If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
FURTHER DECLARANT SAYETH NOT.
_3mnte'511141� -
(Print name Of Dedar t
By.
(Signature of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
22
RELATED PARTY TRANSACTION VERIFICATION FORM
("Firm") have Name of Representative CompanylVendorlEntity read the City of South Miami 's Code ofEthics,
Secdon 8A-|of the City's Code of Ordinances and jhereby certify, under penalty of perjury that to the best of my
knowledge, information and belief.
(|) neither | nor the Firm have any conflict nf interest (as defined in section 8A'|) with regard cu the contract or
business that 1, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither | nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A- 1, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither | nor the Firm, nor anyone who has a8nandal interest greater than 5%in the Firm, nor any member of
those s' immediate N has transacted mrentered
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:
— (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed offidx| or employee of the City of South Miomi, or any of their immediate 6xh|y
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their 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%)or more cf the total assets cf capital stock in the firm
are aofollows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5)! and the Firm further agree not to use urattempt to use any knowledge, property m^ resource which may
come tqus through our position of trust, or through our performance o/ our duties under the terms oJthe
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not d|admmeorusein6ormadon.notmxd|ab|etomembersofthegenero[pvb|ic.forpurpe/sono|Qainor
benefit or for the personal gainor6eneMtofanyotherpeoonorbusinessendty,outddeofthenormd&ainor
benefit anticipated through the performance cJ the contract.
(6)| 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 au
Thomas p.Pepe
23
(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, oo the additional sheet and the additional sheet must be signed under ooth).
X:\Purchasing\Vendor Registration\[ 2.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; 00 any city emp|oyee;or(iii)unymeonberof any board or agency of the City other than asfbUovvs:
---- (if necessary, use a separate sheet oo 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 6e signed under math) . [while the ethics code still applies, i[ the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the 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 S%in the Firm, or any member af those persons' immediate family (ie. spouse, parents,
chi|dcen.brothersandsisoeru)huvea|smresponded.ct6er6hant6e6uUowing:
--~ (if
necessary, use a separate sheet »o supply additional information that will not fit on this line; however, you must
make reference, onthe above line, to the additional sheet and the additional sheet must be signed under h
[while the ethics code still applies, if the person executing this form is doing so .mn behalf of a firm whose stock ix
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any pf their any member of those
persons' immediate jamily]
(9)| and the Firm agree that *e are obligated tosupplement this Verification Form and inform the City ofany
change incircumstances th/tw/ou|dchan&enurnnsvvemtothisdacument. Specifically, after the opening ofany
responses to aso|idtadon. | and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(|0A violation of the City's Ethics Code, the giving ofany false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject coaction by the Miami-Dade County Commission on Ethics. Under penalty of perjury, | declare that |
have made u diligent effort cu investigate the matters no' which I am attesting hereinabowe and that the statements
made 6 the ofmyknowledge, information and belief.
Svp'"`"' `
Print Nzf�/e& Title,//�C P 0,447) Q V 2
Thomas F. Pepe
24
(a) Designation.
This section shall be designated and known ao the "City of South Miami Conflict of Interest and Code ofEthics
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.
Definitions. For the purposes ofthis section the following definitions shall beeffective:
(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 uo perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer tu the members of those city advisory boards and agencies whose
sole or primary responsibility isto recommend legislation or give advice tn 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 tv 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
*o6e conferred, in return for services rendered orooberendered.
&U The term "controlling financial inte mt"ahal|re6^rtoownecmh|p.dinecdyorindirecdy.oftenpercentornnore
of the outstanding | l stock in any corporation oradireccorin6inectinterestnftenpercentornooreina5rm.
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
oo any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
mo ' person included inthe terms defined in paragraphs (h)(|) through ) and in paragraph (W(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 ur 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 taxes, special assessments or fees for services provided by the city government;
(2) The purchase oJbonds, anticipation notes '^r other securities that may 6e issued 6y the city through
underwriters .or directly from time tptime.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes cf 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 the scope mJ the practice of
architecture, professional engineering, vr registered land surveying, defined 6y the laws o/ the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted byo city person defined in paragraphs (b)(2).(3) and (4)
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will bein the best interest cf the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered inviolation pf this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining uo the same subject matter.
(d) Further prohibition om transacting business with the city.
M
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. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(l) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (b), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (b) 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 have a controlling
financial interest; and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
Thomas F. Pepe
12/1012015
rm
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs |) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition oo outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee pf the city from any source other than the city, except as may be permitted osfollows:
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
tobe 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 io subparagraph cisobtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section |-|| of the Code of Miami-Dade County and, io addition shall be subject to dismissal by the appointing
authority. The city may also assess against m violator 'a fine not co exceed $SOOIm and the costs cfinvestigation
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 cf the outside employment, the mo of the work being done and any amount of money orother
consideration received 6y the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available aoa reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups cf employees for good cause.
(k) Prohibited investments.
Wo person included in the terms defined in paragraphs OW(!) through (6)ora member pf the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(1) Certain appearances and payment prohibited
(|)No person included in the terms defined in paragraphs (b)(|), 8) 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, rulin& decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2)Na person included in the terms defined inparagraphs (]) and (4) shall appear before the city
commission or age un which the person serves, either directly or through an associate, and make u
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party, Nor shall the person 'appear in any court nr before any administrative tribunal us
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 inquestion.
(m) Actions prohibited when financial interests involved.
No person included inthe terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person mr any member oJ 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 iv any investment, equity, mrdeht.
(m) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person io.an official, officer oremployee.
(0) Recommending professional services.
Thomas F. Pepe
M
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly 6e made when required tobe made by the duties vf
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), (S) 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)(|) through (G)) in connection with any judicial or other proceeding, application, Solicitation, 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 cfits agencies isaparty 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,
SU|(d(]) non-profit entities or educational institutions orentities, and who lobby on behalf cf 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)(|)vvhmseci iFe or employment ceased within two years prior u»
the effective date mf this ordinance shall for a period uf 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 pr one of its agencies isa party or has direct and substantial interest; d in which h h
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request
Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
0& No. 6-99/680,V2,3-2-99
Editor's note- Ord. No. 6'99^|68O§|. adopted 3-2,9g repealed §§8A-| and 8A-2in their entirety and replaced
them with new
8A-| and 8A_2,Former | and 8A-2 pertained to declaration of policy and definitions, respectively, and
Thomas F. Pep
at]
PRESENTATION TEAM
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need tm register members of your presentation team aslobbyists. Pursuant Lo City Ordinance 28-l4-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentodon
before a City certification, evaluation, selection, technical review or similar committee, shall list nnan
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City
Manager. For the purpose of this subsection only, the listed members of the presentation team, with
the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any
registration fees, No person shall appear before any committee on behalf of an anyone unless he or she
has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is
registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes the undersign mekes the following
declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents, Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
NAME
Rodki- ,� VC 2--
TITLE
For the purpose of this Affidavit of Representation only, the listed members mfthe presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to
pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the
time the committee's proposal is submitted to the City as part of the procurement process.
Print Name and Title Print name mf entity beih'grepresented
Thomas F. Pep
ffl
NOTICE OF AWARD
e- a _NMM*A0 N
The City has considered the Proposal submitted by your firm for the Multiple Locations for Road
Resurfacing Projects n response to its advertisement for Request for Proposal and Instructions to
Respondents.
You are hereby notified that your Proposal has been accepted for the Multiple Locations for Road
Resurfacing Projects in the lump sum amount of $ , broken down as follows:
Alternate #1:
Alternate #2:
Alternate #3:
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required Performance Bond, Payment Bond, and insurance documents (see Proposal
Submittal Checklist Form) within ten (10) day from the date of this notice to you.
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY shall have the right
and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be
approved by the City Commission before it is binding on the City.
W
Steven Alexander
City Manager
Dated this _ day of _,20
Receipt of the above Notice of Award is hereby acknowledged by
On this the _ day of 20
HA
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager.
Thomas F. Pepe
1 211 0/20 1 5
99
IZE0111rel
PUBLIC CONSTRUCTION CONTRACT
Multiple Locations for Road Resurfacing Projects
RFP #PW2016-08
TO: DATE:
PROJECT DESCRIPTION: Multiple Locations for Road Resurfacing Projects in accordance with Plans and
specifications, if any, as may be prepared in whole or in part by CONSULTANT, referenced in the Supplementary
Conditions and Contract Documents.
You are hereby notified to commence Work in accordance with the Contract dated , on or before
. You are to complete the work within 190 calendar days. The date of completion of all Work is
therefore 20
City of South Miami
BY:
(print name)
City Manager, or designee
Receipt of the above Notice to Proceed is hereby acknowledged by
on this — day of 20
TITLE:
Thomas F. Pepe
12/10/2015
RY
RFP #PW2016-08
ANLZ���
Scope of work involves performing road resurfacing work on selected streets within the
City of South Miami and shall comply with applicable standards, including but not limited
to the FDOT and the Miami Dade County Public Works standards. Work covered
under this contract shall also include and is not limited to maintenance of traffic, off-duty
Police officer, mng, clearing & grubbing, asphalt placement, and striping.
Scope of work involves performing I" milling and I" resurfacing with Type S-111 asphaltic
concrete at the locations described below. All striping shall be thermoplastic paint.
Temporary paint shall be included within the thermoplastic paint item.
If the limerock base is impacted within the milling process, the base will need to be
reworked and compacted to comply with Miami Dade County Public Works standards
and specifications.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday.
.Location # 1: SW 61 AVE (SW 40 & SW 44 ST)
0 Includes approximately 2,040 SY to be milled and resurfaced
0 A 24 inch white stop bar marking at both stop signs on SW 61 Avenue, intersecting
with SW 42 ST
0 50 linear feet of double yellow 6 inch solid stripe on both sides (I OOLF total)
Location #2: SW 58 ST (SW 62 PL to SW 62 AVE)
• Includes approximately 1,100 SY to be milled and resurfaced
• A 24 inch white stop bar marking at the stop sign on SW 58 ST, intersecting with
SW 62 Ave
0 SO linear feet of double yellow 6 inch solid stripe
Thomas F. Pepe
12/10/201S
32
Talues utilized for the purpose of this RFP are approximate. Contractor is responsible
to field and quantities as per defined by •
locatiot.
1w i i i i
Thomas F. Pepe
12/10/2015
r _ THE * -••• SAL NON-RESPONS
KKI
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IN
A
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Plans not applicable. Please refer to location sketch for reference, EXHIBIT 1, Scope
of Services, Attachment B.
The current estimate to complete construction of the project is 60 calendar days
substantial completion. Thermoplastic paint shall be installed 30 calendar days after
substantial completion. 90 total calendar days to final completion from issuance of
Notice to Proceed.
Liquidated Damages shall be paid by the Contractor at the rate of $ 1,000.00 dollars
per day, plus any monies paid by the Owner to the Consultant, if any, for additional
engineering and inspection services, if any, associated with such delay.
The standard manufacturer's warranty information must be provided in writing for all
equipment being proposed, including installation by an authorized dealer.
NOTE: A Performance and Payment Bond is required for the full amount of the
project.
Thomas F. Pepe
12/101201S
znfl��
34
Total Pric
llmkm=
Pavi ng Type S III
i 6" White Thermoplastic Paint
Yellow Thermoplastic Paint
_6"
12" White Thermoplastic Paint
24" White Thermoplastic Paint
Police Officers
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IN
A
AM iN un-
MBMKZM t = e
Plans not applicable. Please refer to location sketch for reference, EXHIBIT 1, Scope
of Services, Attachment B.
The current estimate to complete construction of the project is 60 calendar days
substantial completion. Thermoplastic paint shall be installed 30 calendar days after
substantial completion. 90 total calendar days to final completion from issuance of
Notice to Proceed.
Liquidated Damages shall be paid by the Contractor at the rate of $ 1,000.00 dollars
per day, plus any monies paid by the Owner to the Consultant, if any, for additional
engineering and inspection services, if any, associated with such delay.
The standard manufacturer's warranty information must be provided in writing for all
equipment being proposed, including installation by an authorized dealer.
NOTE: A Performance and Payment Bond is required for the full amount of the
project.
Thomas F. Pepe
12/101201S
znfl��
34
SCOPE OF SERVICES
Attachment B
RFP i' I:
IMP
i fi III IN
Thomas F. Pepe
1 21 1 0120 1 5
35
EXHIBIT 2
Insurance & Indemnification Requirements
|D| Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the [ontract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub'connarzucorby anyone directly or indirectly employed 6y any of them orby
anyone for whose acts any of them may beliable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase inuorance from and shall maintain the insurance with a company orcompanies
lawfully authorized co sell insurance in the State uf Florida, on forms approved by the State of Florida, au
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations b by the FIRM or bya Subcontractor orby anyone directly or indirectly employed by
any of them, orby anyone for whose acts any of them may 6e liable: (u) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the F|RM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any t6 than the BRM'oemployees (d) claims for damages insured hy usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; AD claims for damages because
.of bodily injury, death of a person or property, damage arisicl.g out of ownership, maintenance. or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the RRM'sobligations under the Contract.
1.02 FIRM shall provide and maintain in force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration asisotherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
1.03 Workers' Compensation Insurance at the statutory amount as to all employees comp with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
az the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
1.04 Commercial Comprehensive General LiabiliV insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $ 1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
^ Personal |niury: $ J.0UQ,0OO;
^Medical Insurance: $5,000 per person;
• Property Damage: $SQO/)OU each
|'OS insurance shall be written mnu Florida approved
form with the same coverage as the primary insurance policy but im the amount cf$|.U8O/3O8 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, asfiled by the Insurance Services
Office, and must include:
(a) Premises and Operation
Thomas 1F.Pepe
41
(b) Independent Contractors
(d Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard [overage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Cuncmcmx| Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
1.06 Business AutooipbLile Liability with minimum limits of One Million Dollars ($i/0O.00nJ3D) plus =n
additional One Million Dollar ($ 1/)OAI0ODN umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the
state oy Florida, and must include:
(a) Owned Vehicles.
0W Hired and Non'OwnedYehides
(c) Employers' Nun-Ownership
1.07 The FIRM agrees that if any part of the Work under the Contract issublet, the
subcontract shall contain the same insurance provision as set forth in section S. I above and 5.4 below and
substituting the word Subcontractor 'for the word FIRM and substituting the word FIRM for CITY where
applicable.
|88 Fire and Extended Coverai!e Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
tn and constituting a part oF said buildings orstructures. The policy m policies shall also cover
machinery, if the cost of machinery is included in the Contract, or1fthemacNneryis|ocatedinabui|dinQ
that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests ofall
Subcontractors performing Work.
B. All of the Drovisions set forth in Section 5.4 herein, below shall apply to this coverage unless it would be
clearly not applicable.
1.09 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall beresponsible for securing other acceptable insurance prior to such cancellation, change, or
expiration nooato provide continuous coverage as specified in this section and souscomaintain
coverage during the life cf this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory uz the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy nr policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment qfthe CITY as well as contractual liability provision covering the Contractors duty umindemnify
the City os provided jn this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number mf the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.VOor better per A.M. Best's Key Rating Guide, latest edition and authorized toissue
insurance in the State of Florida. All insurance policies must be w,uao on forms approved by the Stave
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
Thomas F. Pepe
��
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(|) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami isanadditional insured' The insurer shall pay all sums that the City of
South Miami becomes legally obligated cp pay us damages becavyeof'bodi|y1njury^.property
6ammge'.or "personal and advertising 'and ir will provide om the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage 8'';
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment ofprenVum),
terminated ar materially modified without first giving the City of South Miami ten (|O)days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the [ity.^
E If the FIRM is providing professional services, such m would be provided byan architect, engineer,
attorney, mraccountant, to name a few, then in such event and in addition ro the above requirements,
the FIRM shall also provide Professional Liability Insurance ona Florida approved form in the amount of
$ 1.00O.DOO with deductible per claim )f any, not oo exceed 5%cf the limit uf liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out ofthe
services or work performed 6y the FIRM its agents, representatives, Sub Contractors or assigns, or6y
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability |nuurxnce, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized 1n writing by the city mt the city's sole, absolute and unfettered
discretion.
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks pfany injuries, damages, or harm which might
arise during the work or event that is '�m the negligence or other fault of the
Contractor or anyone acting through ornn behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affi|iateu.employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments pr cost and expennes, including reasonable attorney's fees` paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and *call
appellate levels, which may be suffered by, or accrued against, charged mour recoverable from the City of South
Miami, its officers, affi|imea.employees, successors and assigns, by reason o/ any causes of actions ur claim ofany
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out oJa negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through oron behalf p[ any c6 them, arising out of this eemeot,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the loss of dh CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affi|iatec, employees,
successors and assigns shall beheld liable pr responsible for any claims, including the costs .and expenses uf
defending such claims which may result from or arise out of actions mr omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, o, assigns, oranyone acting through
or on behalf ofthe them, and arising out ofmr concerning the work or event that iu occurring theOTy's
property. in reviewing, approving orrejecting any submissions or acts cf the Contractor, CITY 1nno way assumes
rnmnas F. Pep
43
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, orassigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F However, as to design professional contracts, and pursuant to Section 725.08 (1 ), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thua,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance o( the contract.
Thomas pPepe
44
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FIL 33143
|, If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City uf
South Miami in the form included in this Solicitation and to perform and furnish all work as
specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services) for the
Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and
conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, |frequired. This
Proposal will remain subject to acceptance for 188 calendar days after the day ofthe Proposal Opening.
The Respondent, 6y signing and submitting this proposal, agrees to all ofthe terms and conditions ofthe
form uf contract that 1na part uf the Solicitation package with appropriate changes to conform cuthe
information contained in this Bid Form. Respondent agrees tn sign and submit the Bonds, ifrequired by
this Solicitation, required insurance documents, and other documents required by the So|idtation,
including the Contract if not already submitted, within ten ((0) calendar days after the date of the City's
Notice ofAward.
3. |o submitting this Proposal, Respondent represents that:
u. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknow|edgedj
k Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress performance .nr furnishing o[ the Work.
c. Subsurface conditions: |f applicable om this Solicitation, the Respondent represents that:
i Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and
drawings of physical conditions.
U. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests and studies in addition to or to
supplement those referred to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance, or the furnishing o( the Work ot
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests, reports or similar information or data are, pr will, be required 6y
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre-bid marking of the 'construction site by any or all utility companies shall create an irrefutable
presumption that the Respondent's bid, or proposal pr|oe, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, shall not be entitled to a change
order for any such condition discovered thereafter.
iii. Respondent has correlated the results of all such mbservadons, exarninaz\onm, investigations,
explorations, tests, reports and studies with the terms and conditions m/ the 'Contract Documents.
Thomas pPepe
45
iv. Respondent has reviewed and checked all information and data shown ur indicated in the Solicitation
Package mrin the Contract Documents with respect to existing Underground Facilities orconditions
acor contiguous to the site and assumes responsibility for the accurate location of all Underground
Facilities and conditions that may affect the Work. No additional exam|nations, invesdgadons,
explorations, tests, reports or similar information or data in respect to any Underground Facilities or
conditions are, or will hc, required by Respondent in order no perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the cost of the
Work and unless the respondent makes u written request to the City for additional information
prior tosubmitting the bid or proposal ns required in subsection iiabove,
d` Respondent has given the City written notice of all c^oOicts, errors or discrepancies that it has
discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found
and notice given, the Respondent represents, by submitting its proposal to the City, that the
Respondent has received sufficient notice of the resolution thereof from the Cicy, that such resolution
is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or
discrepancies.
e. This Proposal bXenu1neundnutmudeincheiocerextoforonbeho!fofanyvndisdosedperuon.firmor
corporation and is not submitted pursuant to any agreement or rules of any group, ausociation,
organization. or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not nn|idred or induced any person,
firm or corporation to refrain from responding; and Respondent has not sought by collusion or
otherwise to obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price b the amount that it needs to furnish and
install all of the Work complete and in place. The Schedule mf Values, K required, is provided for the
purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the
pricing of change orders. The Contract Price shall not be adjusted inany way soasoo result ioa
deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the
Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment,
tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal
Price: K this Solicitation requires the completion cfd Cost and Technical Proposal, as may 6m sot forth in
in an exhibit to this 3o|ichncion, such proposal must be attached to this Bid Form and will take
the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is
as follows:
5. The ENTIRE WORK shall be completed, in full, within 90 calendar dUs from the commencement date
set forth in the NOTICE TD PROCEED. Failure cocomplete the entire work during the described time
period shall result in the assessment of liquidated damages as may be set forth in the Contract.
6. Insert the following information for future communication with you concerning this
�� �� Co R�PONDENT [�V/i ��\//��t�J
- - �_-" .`- ,
Thomas pPepe
M
Address:
Telephone:
Facsimile
Contact Person
V�
n�
l The terms used in this Proposal which are defined in the Contract shall have the same meaning as is
assigned m them in the Contract Documents, unless specifically defined in this Solicitation Package.
& Kucost & technical proposal i required 6y the Solicitation, Respondent hereby of the
facts and responses to the questions posed in the cost & technical proposal, if such an exhibit ismade
apart of the Solicitation, are true and correct and are hereby adopted as part of this Bid Form, and are
made a part of this proposal, by reference.
By submitting this proposal, |.on behalf of the business that i represent, hereby agree to the terms ofthe
form of contract contained in the Solicitation package and ]agree tobe bound 6ythose terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposd, or such information that the City and | have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing,
including e-mail confirmation, if any. | hereby certify under penalty of perjury that | am the lawful
representative of the business entity referenced in this 0|d Fqrm, that have authority to bid for that
entity and that all of the information and representations contained herein are true and correct to the
best ofmy information and belief.
Thomas F. Pep
47
THIS CONTRACT was made and entered into on this day nf _,20 by
and between (hereafter referred uzas
"Contractor"), and the City of South Miami (hereafter referred to as "Owner"), through its City Manager (hereafter
referred to as "City").
VY[[NESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
|. The Contractor shall furnish all labor, mmshn|s, equipment, machnery, too|s, apparatus, transportation
and any ocher items necessary to perform all of the work shown on and described in the Contract
Documents and shall do everything required by this Contract and the other Contract Documents
hereinafter referred coas the Work.
l. The Contract Documents shall include this Contract, General Conditions to the Contract, if any, the
drawinXp, p|ons, specifications and project manual, if any, any supplementary or special condiduns, other
documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter
referred to as "Bid [>mcannemu'� and any documents ou which those documents refer which are used by
the Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein.
3. The Contractor shall commence the Work oobe performed un6erth)s[ontraccona6ateu=6espedGed
in a Notice to Proceed and ahuU complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees to pay to the Contractor for the faithful performance ofthis Contract, subject
to additions and deductions as provided in the Contract Documents and any properly approved, written
change orders, in lawful money of the United, States, the amount Of (Spell o*^, Amount_ here)
__DoUars ($.nO__), Lump Sum ("Contract
Price").
S. The expenses of performing Work after regular working hours, and on Sunday and legal holidays sksH he
included in the Contract Price. The [iq/ may demand, at any point in cime, that any part, or a||. of the
Work be performed after regular working hours. In such event, the Respondent shall have no right to
additional compensation for such work. However, nothing contained herein shall authorize work pndays
and during hours that are otherwise prohibited by ordinance unless specifically authorized orinstructed in
writing by the City.
6 If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
T Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and
other costs incurred by the Contractor in connection with the construction of the Work have been paid in
fu||, and after compliance with the terms for payment provided for in the Contract 'Documents, final
payment on account of this Contract shall be made within sixty (60) calendar days after the completion by
the Contractor of all Work covered 6y this Contract and the acceptance of such Work hy the Owner.
8. The Work dn^|| be completed in 90 calendar days. In the event that the Contractor shall tsU to
complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit
agreed upmn, in accordance with the procedure as more particularly set forth in the Contract Documents,
liquidated damages shall be paid by the Contractor at the rate of plus any
monies 6 by the Dxvnar to the Consultant, if any, for additional engineering and inspection services, if
any, associated with such de|uy.
Thomas F. Pepe
48
9. It is further mutually agreed between the parties hereto that U x Payment and/or Performance Bond
("Bond^)io required and if, oz any time after the execution of this Contract and the Bond for its faithful
performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be
unsatisfactory, or it for any reason such bond ceases to be adequate to cover the performance of the
Work or payment cmsubcontractors and suppliers, the Contractor shall, ut its expense within five (5)
business days after the receipt of notice from the City ,o to do, furnish an additional bond or bonds in
such form and amount and with such Surety or Sureties osshall be satisfactory the City. In such event,
no further payment to the Contractor shall be deemed to be due under this Contract until such new or
additional security for the faithful performance of the Work ivfurnished in the manner and in the form
satisfactory co the City.
10. No additional Work or extras shall be done unless the same is duly authorized in vvddog, and in advance of
the work, by appropriate action by the City and in accordance with the Contract Documents.
11. The date that this contract was "made and entered into" and its effective date is the date that the contract is
the signed by the City or, if the contract is required to be approved by resolution of the City [ommission, the"
the Effective Date is the date uf the resolution approving the Contract whichever is the later date.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth
next to their name below and may be signed in one or more counterparts, each of which shall, without proof or
accounting for the other counterpart, be deemed an original Contract.
Signature:
Print Signatory's Name:
Title of Signatory:
'Signature:.
Mara Menendez Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language,
Legality, and Execution Thereof.
Signature:
City Attorney
Thomas F. Pepe
49
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
Whenever used in these General Conditions urin the other ContnactDocuments.thefd|owingrermssha|huve
the meaning indicated These definitions shall always apply when the section of the Contract specifically refers to
this Article for the purpose of interpreting a word or group of words in that section of the Contract Document.
However, when the section of the Contract, where the word to be defined is used, does not specifically refers to
this Article to define the word or group of words, the definitions contained in this Article shall not apply unless
the word or group of words, in the context of it or their use in the Contract Document in question, is/are
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision ofa Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, clarifications or correction.
ApplicatigD for Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments.
Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other
terms for the Work tobeperformed.
Bidder: Any person, firm or corporation submitting a response to the Owner's solicitation for proposals orbids
for Work.
Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including
the instructions, form of documents and affidavits.
Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished bythe
CONTRACTOR and its surety }n accordance with the Contract Documents and in accordance with the laws of
the State ofRor'6a.
Change Order: A written order to the CONTRACTOR signed by the City 'Manager authorizing an addition,
deletion nr revision iv the Work, urun adjustment in the Contract Price vr the Contract Time issued after
execution of the Contract.
Work Order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations, and the timeframe for completing the work.
CITY: The City Manager for the City of South Miami. 6130 Sunset Orive, South PUmni, FL 33143. unless the
context wherein the word is used should more appropriately mean the City of South M|unH.
Construction Observer: An authorized representative of the CONSULTANT, if any, or otherwise a
representative of the City si d to observe 'the Work performed and materials furnished by the
CONTRACT()R. The CONTRACTOR shall be notified in writing cf the identity of this representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the
General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications oo any of the Contract Documents.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of. calendar days stated in the Contract 'for the completion of the Work.
ContractiDg Officer. The individual who is authorized to sign the contract documents on behalf of the OWNER.
The person, firm or corporation with whom the OWNER has executed the Contract.
The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
OTY's designated representative as identified in the Supplementary Conditions.
Thomas p,Pepe
50
Cay./\ period pf twenty-four hours measured 6n the beginning of the day ac|2:8]a�. and ic shall brpresumed
uubea calendar day unless specifically designated usa business day.
Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers
commencing at |I:O| a.m.az 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 ordefault from which the designated period oftime
begins oo run shall not 6eincluded. The last day o{ the period xo computed shall be included unless itb a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not oSaturday, Sunday or legal holiday.
Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of
final payment (unless responsibility for the protection thereof has been delegated umthe{)xvned; substitutions that
are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and
equipment furnished under the Contract that are not good quality and new unless otherwise required or
permitted by the Contract Documents.
Drawings: The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and
are referred ooin the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification: (o)A written amendment of the Contract Documents signed byboth parties, (W a Change Order
signed by both parties, ( a written clarification or interpretation if issued 6ythe CONSULTANT )naccordance
with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant noParagraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Non-conforming Work means work that does not conform to the Contract Documents and includes work that is
unsatisfactory, faulty, or deficient orthat does not meet the requirements of any applicable inspection, reference
standard, test, mr that does not meet any approval required by, o, referred to in, the Contract Documents, or
work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing byOTY).
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.
f±soiect: 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.
&FP: Request for Proposal.
Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared 6y
the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment,
material nr some portion of the work and as required by the Contract Documents.
Samples. Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will bejudged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied no the Work.
Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance o{a part ,of the Work ot the construction site.
Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a
certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or
a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree, other than for h e repair of minor "punch list" items; or if there be no such certification, the date
when final payment is due in accordance with paragraph 149. However, }nno event shall the project orportion
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
Thomas F. Pepe
RE
issued by the applicable govemmental 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 ao item, but who does not perform labor orthe site of the Work.
Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used onthe
project.
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion
of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
c|ohns, approvals unddisopprova|s 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 indwdud, firm, or
corporation, orif delivered rour sent 6y registered mail tp the last known business address. Unless otherwise
stated in vvr)dog, any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
Award:
I| The CITY reserves the right toreject any and all Bids, mt its sole discretion. Bids shall beawarded
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 rake into consideration alternate and "nit prices, if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award 'and give the successful Bidder u Contract for
execution within ninety (gO) 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 aa provided in Section &.| 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 (|U) calendar days of receipt cf the Notice ofAward. 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 ocher
counterpart 6e deemed on original Contract Document.
Forfeiture of Bid SecuritvIPerformance and Payment Bond. if any are reauired by the aDDlicable RFP:
2.3 Within ten notified of the Award, shall furnish aPerformance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall bein the amount cf one hundred percent (|00%)cf the Contract Price
guaranteeing to OWNER the completion and performance cf the Work covered in such Contract
ao well as full payment of all suppliers, material man.|aburen.or3ubcontracoremp|oye6pumuaot
to this Project. Each Bond shall be with aSurety company whose qualifications meet the
requirements ofSections 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 (|88%)of the Contract Sum.
2.3.3 Pursuant to the requirements of Section 255.05(l), Florida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded inthe public records ofMiami-Dade County
and provide CITY with evidence of such recording.
Thomas F. Pep
M
2.3.4 Each Bond must be executed by surety company authorized to do business in the State of Florida
as a surety, having a resident agent in the State of Florida and having been in business with a record
cf successful continuous operation for a least five (5)
23.5 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.
2.36 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 uzexecute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
Contractor's Pre-Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance rules and regulations that may 1n any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations xsit deems necessary for the performance ofdhe
Work reflected in the Contract Documents and that he has correlated the results of all such data with
the requirements ofthe Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice *mProceed.
Starting the Project:
2.6 CONTRACTOR shall start co 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 inArticle
the date on which the Contract Time commences to run, except with the written consent of the CITY,
Before Starting CgnstC_uct�orr
2L7 Before undertaking each part oy the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. |t shall otonce report i writing co CONSULTANT any conflict, error, or
discrepancy which ic may 'discover. Neither the OWNER nor the CONSULTANT shall 6e liable for any
harm, damage orloss suffered by CONTRACTOR as a result of' its failure to discover any conflict, error,
ur discrepancy in the Drawings or Specifications nor shall the CONTRACTOR 'be entitled uzany
compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error,
or discrepancy in the Contract Documents.
Schedule of Completion:
ID Within Five (5) business days after delivery of the Notice to Proceed by CITY mCONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule
indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions
thereto within seven (7)calendar days uf its submittal. |f there is more than one CONTRACTOR
involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided in the Special Conditions.
2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work acthe site, a pre-construction conference shall be held to review the above
schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment, and to establish a working understanding between the parties as to the
Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives, CONTRACTOR and its Superintendent.
Qualifications of Subcontractors, Material men and SURDIiers:
Thomas pPepe
53
2.0 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and such other persons and organizations (including those who are nofurnish principal he sufmausriWs
or equipment) proposed for those portions mf the Work amtp which the identity of Subcontractors and
other persons and organizations must be submitted as specified in the Contract Documents. Within
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, peraon,
or organization on such Uuc. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person, =r organization on the list within thirty (3D) calendar days of the receipt shall
constitute an acceptance of such Subcontractor, person nrorganization. Acceptance of any such
Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the
CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment
not in conformance with the requirements of the Contract Documents.
2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit av acceptable substitute without an increase 1n 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 umbe done and materials cob* furnished, shall be regarded as
meaning that only best 'practices are ro prevail and only materials and workmanship oJ the best quality are
cube used in the performance of the Work.
3] |cb the intent vfthe Specifications and Drawings tm describe a complete Project tobe constructed 0n
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between the OWNER and the CONTRACTOR. They may be altered only byn modification ao defined 1n
Article |.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. |f 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 uu
the Owner shall apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall
he interpreted, unlessothenwisespedMcally staze6comeon'YurndivndinstaUcomoleceinp6ceand
ready for senioe'.
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, as specified for the major component of which the
miscellaneous item or accessory isan essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components mf the Work
'
shall be installed or erected in accordance with the best practices mf the particular trade.
3.8 The CONTRACTOR shall 6e responsible for making the construction of habitable structures under this
Contract min proof, and for making equipment and ud|iq/ installations properly perform the specified
function. K the CONTRACTOR is prevented fro complying with this provision due to the Drawings nr
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 »o codes, or standard specifications mr
other data published by regulating agencies or accepted organizations, including but not limited to
National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications,
ASTM Specifications, various institute specifications, and the like, it shall be understood that such
reference is to the latest edition including addenda in effect on the date of the Bid.
Thomas F. Pepe
54
3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent", when used in
connection with brand names, shall be interpreted to mean a material or product that is similar and equal
in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material
or product specified by trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal", the CONTRACTOR shall use the brand, make and model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
l|| The CONTRACTOR shall have advised the CONSULTANT, prior to performing any work involving a
conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of
the documents shall take precedence. |n 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 uf Contract Documents auaguide. 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.
(o) Change Orders
(W Amendments/addenda toContract
Supplementary Conditions, ifany
( Contract with all Exhibits thereto
(e) General Conditions
(8 Written or figured dimensions
Scaled dimensions
(h) Drawings ofa larger scale
(|) Drawings ofa smaller scale
0 Drawings and Specifications are to6econsidered complementary voeach other
ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
-
Availability-.af Lands.
4.1 The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to
be done, rights'pf-wuy for access thereto, and such other lands which are designed for the use cfthe
CONTRACTOR. Easements for permanent structures orpermanent changes 1nexisting facilities will be
obtained and paid for by the OVYNER, unless otherwise specified in the Contract Documents. Ocher
access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of
the CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests ztnocost.
Subsurface Conditions:
43 The CONTRACTOR acknowledges that ha has investigated prior to bidding and satisfied himself asm
the conditions affecting the Work, including but not limited ro those bearing upon transportation,
disposal, handling and storage of materials, availability oflabor, water, electric power, roads and
uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself asuo the character, quality and quantity ofsurface and subsurface materials or obstacles cu6e
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 co
acquaint itself with the available information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any
Thomas F.Pepe
55
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER/ CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty-eight (48) hours of its discovery, and before such conditions are
disturbed, notify the CITY inwriting, of:
4.4.1 Subsurface or latent phyuica conditions ac the site differing materially from those indicated ln the
Contract Documents, and
44.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions, and ifitfinds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of, or the time required 6ur, performance of any par, of the Work under this [ontmct, an
equitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by
the CITY, but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE 5 — INSURANCE Contractor shall comply with the insurance requirements set forth inthe
Supplementary Conditions vu the Contract.
Supervision and Superintendence:
W The CONTRACTOR ,hoU supervise and direct the Work. b shall he solely responsible for the means,
methods, techniques, sequences and procedures ofconstruction. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred toas'Soperviuor ut the Work
site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the
site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and
all communications given cn the Supervisor shall beam binding usif given #»the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work. (Copies of written communications given zo the Supervisor shall be mailed to
the ICONTRACTOR'S home offica).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
all changes made during the construction process. These shall be available to the CONSULTANT
and any CITY Representative at all reasonable times. A set of "As-Built" drawings, as well as the
original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations,
shall be made available oo the City at all times and it shall be delivered uo the CITY upon
completion 'mf the Project.
Labor, Materials and Equipment:
62 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, i nt,|abor, 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 ba new, except as otherwise provided |n 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.
kb All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except om
otherwise provided in the Contract Documents,
Work, Materials, Equipment. Products and Substitutions:
Thomas F. Pepe
56
66 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit oo the CONSULTANT a list of
proposed materials, equipment nr products, together with such samples aa may be necessary for them oo
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6,1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance mrochersa|)encrequirementsandt6etotherpruduczoof
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 pfthe CONSULTANT, such material, article, or piece of equipment |sofequal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes ur extra component parts required ooaccommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price orthe
Contract Time.
6.6.2 No substitute shall be ordered ur installed without the written approval of the CONSULTANT
who shall be the judge ofquality.
6.6.3 Delay caused byobtaining approvals for substitute materials shall not be considered iusd0ab|e
grounds for on 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,
co any time before completion and acceptance ofthe Project. All such Work shall 6e done atthe
expense of the CONTRACTOR.
6.63 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject ~o any chattel mortgage under a conditional sale .ur other agreement by
which an interest * retained by the Seller. The CONTRACTOR warrants that they have good
title oo all materials and supplies used by them }n the Work,
6.6.6 Non-conforming Work: The City mf South Miami may withhold acceptance of, nr reject items
_
which are found upon examination, not o,meet the specification requirements or conform tothe
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 mt his expense. Rejected goods left longer than thirty (30) calendar days shall 6e
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 »othe good oruz compensation of any kind
for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in
the CONTRACTOR being found i default.
8.6,7 |v case mf default by the CONTRACTOR, the City of South Miami may procure the articles pr
services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.68 The CITY reserves the right, in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner osrequested, to obtain the good and/or services 'from other sources
and deducting the cost from the Contract Price without violating the intent nf the Contract.
Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY orthe
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT
determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may 6e liable co the same extent that they are responsible for the 'acts and
omissions u/ persons directly employed bythem. Nothing .io the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part
of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or
rxmnas F. Pepe
ffil
organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish many
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.
69 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.
6.18 The CONTRACTOR agrees oo bind specifically Subcontractor tu 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
cn the Work uz bind Subcontractors to the CONTRACTOR by the terms uf these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power ns regards tp terminating any subcontract that the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.122 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
jf and when directed by the CONSULTANT inwriting.
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 ofWork
that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex,
age, sexual orientation, familial status or disability. This paragraph shall be made a part mfthe
subcontractor's contract with the Contractor.
Patent Fees and Royalties.
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention -, design, process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including attorney's
fees) arising out of any infringement of such rights during or after the completion of the Work, and shall
defend all such claims in connection with any alleged infringement of such rights.
614 The CONTRACTOR shall be responsible for determining the application of patent andfor royalty
o,to any materials, appliances, articles or systems prior mzbidding. However, he shall not beresponsible
for such determination on systems which do not involve purchase by them of materials, appliances and
articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution pf the Work, which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions, .there will 6eno charges to the CONTRACTOR. The CITY shall assist the
CONTRACTOR, when necessary, in obtaining such permits 'and licenses. The CONTRACTOR shall also
pay all public utility charges.
Electrical Power and LightiM
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall 6e installed byaqualified electrical Contractor approved bythe
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for afe mo temporary power shall be
used off temporary lighting lines without specific approval nf the CONTRACTOR.
Laws and Regulations:
Thomas F. Pepe
58
617 The CONTRACTOR with all notices, laws, ordinances, rules and regulations applicable co
the Work. |y the CONTRACTOR observes that the Specifications orDrawings are uc variance therewith,
iz' shall 'give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted byun appropriate modification. |f the CONTRACTOR performs any Work knowing it to be
contrary to such |m*s, nrdinances, rules and regulations, and without such notice to the [{}|4SULTANT,
it shall bear all costs arising there from; however, it shall not be its primary responsibility ,p make certain
that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
Discrimination:
6.17A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation,
familial status or disability.
Taxes:
618 Cost of all applicable sales, consumer use, and other taxesfor which the CONTRACTOR b liable under
the Contract shall be included in the Contract Price stated 6y the CONTRACTOR.
Safety and Protection:
6,19 The CONTRACTOR shall 6e responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection oo prevent damage, injury or loss to:
6.19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials v,egu}pmentuzbeivcvrporacedthenyr,whetherin storage onor
off the site, .and
6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course 'ofconstruction.
6.20 The CONTRACTOR shall designate u responsible member oftheir organization azthegitewhoaeduty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated 1n writing by the CONTRACTOR oo the CITY.
-Emergencies.
621 |n emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is
obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. |/ the CONTRACTOR believes that additional Work done hyhim
inan emergency which arose from causes beyond his control entities him tuan increase |nthe Contract
Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles || and
{2.
Shop Drawings and SampLies:
622 After checking and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review, inaccordance with the accepted schedule of shop drawing submissions, six
es (or at the CONSULTANT option, one reproducible copy)mf all Shop Drawings, which shall
have been h ked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
be numbered and identified ao the CONSULTANT may require. The data shown on the Shop Drawings
shall be complete with respect to dimensions, design criteria, materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation.
6.33 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 4t the time cfeach submission, the CONTRACTOR shall notify the CONSULTANT, inwriting, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
625 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 ofa separate item os such will not indicate
rxmnas F. Pepe
59
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number o[ corrected copiesofShop
Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility
for doing so, and that they have reviewed or coordinated each Shop Drawing nr sample with the
requirements of the Work and the Contract Documents.
6`26 Nn Work requiring a submittal ofa 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 acthe site and shall 6eavailable
to the CONSULTANT,
6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the [UN3ULTAWT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused byits
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
oo errors in the Shop Drawings orsamples.
Cleaning W.
818 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses' Upon completion o| the Work, and before acceptance of final payment for the Project 6ythe
OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material
and rubbish as well as all other material and equipment that does not form a part of the Work, from the
property, roadvvays, uidem=|kw. parking areas, lawn and all adjacent property. |n addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that na
further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Work so as to
leave the whole 'Work and Work Site |nx neat and presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials
referred ooin paragraph 6.28 and charge the cost oz the CONTRACTOR.
Public Convenience and5afety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction topublic travel. The convenience ofthe general public and mf the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent uz the Work, io
uconspicuous position, az such locations am traffic demands. At any time that streets are required umbe
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South
Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall provideon'sioe o0oe, and necessary toilet facilities, secluded from public
observation, for use cf all personnel mn the Work Site, whether or not in his employ. They shall 6ekept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
6.32 Contractor shall comply with the indemnification requirements set forth inthe RFP and in EXHIBIT 2of
the Supplementary Conditions (insurance and indemnification requirements).
Thomas F.Pepe
60
6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of
any such claim o,demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory uo CITY. The indemnification provided above shall obligate
CONTRACTOR to defend nt its own expense orto provide for such defense, at CITY'S option, any and
all claims of liability and all suits and actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the
sole negligence of OWNER orCONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6]3 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications or(b) the giving Ff or the failure on
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission io the primary cause of injury ordamage.
6.]4A All of the forgoing indemnification provisions shall survive the term o/ the Contract oo which these
General Conditions are a part. Indemnification shall not exceed anamount equal to the total value ofall
insurance coverage required by Section S. I of this document. Indemnification is limited to damages caused
im whole mrin part by any act, omission, mr default oJthe Contractor, the Contractor's subcontractors,
sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused
by the negligence, recNessness` or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
ReSDonsibility for Connection to Existing Work:
BS It shall be the responsibility of the CONTRACTOR to connect its Work meach part of the existing
Work, existing building w structure orWork previously installed as required by the Drawings and
Specifications to provide a complete installation.
6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of-
ways of streets, high .pub|iccarrierUneo,ud||q/Unea.aitkeraerial,surfaceoryubyudace.etz_oha|| be
done in accordance with requirements of the special conditions. The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
8.36^1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities orpublic
authorities involved in the above requirements. `
6.36.2 The CONSULTANT shall be responsible for obtaining elevations mf curbs and gutters, pavement,
storm drainage structures, and other items which must be established bygovernmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently early
in the construction period mm prevent any adverse effect on the Project.
Cooperation with Governmental DeDart-mentsPublic Utilities, Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as "third pardes") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph faci|idessuch 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 uoobtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall gJve all proper notices, shall comply with all requirements of such third parties in
the performance o( his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6]7.1 The CONTRACTOR'S attention is called to the fact that there may be delays mn 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 ]nevery
way possible, sothat the construction can be completed in the least possible time.
6.371 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use in or upon the Work, or in any way affect the conduct of the Work, and vo plea of
misunderstanding will be considered mn account ofdamage or delay caused by his ignorance
thereof.
rhomanPep
M
Use Premises:
6.38 CONTRACTOR shall confine its apparatus, storage of materials, andopemdons of its workmen tothe
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 o(any structure to he loaded with such
weight as will endanger its safety, nor shall it subject any work costresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER am well as their instructions with regard oo signs, advanisements,6,esnndsmmking.
6.38^3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
its employees, subcontractors and other personnel, au well us that of the material delivery rrucus
and other vehicles that come no the Project site.
638.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be
fenced to protect the job site and the general public.
6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
Protection of Existing Property Improvements:
6.0 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions chereof). trees and shrubbery, not indicated nn the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction u[ the Project. Any such improvements dumage6auringcmnscrucdvnofthePuojectshaU
be restored at the expense of the CONTRACTOR ton condition equal cuthat existing mo the time cJ
award ofContract.
T| The CITY may perform additional Work related mthe Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWNER, if itbpurforming the additional
YVp,kiue|o. 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 |f any part of the CONTRACTOR'S Work depends upon proper execution m, results of the Work ofany
other contractor or the OWNER, the CONTRACTOR shall promptly report to the CONSULTANT |n
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 oomake
its several parts cometogetherproper|yandfittqneceiveorbereceive66ysuchpcherYVodk. 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 ofthe
other contractor whose work will beaffected.
7/4 If the performance of additional Work by other contractors or the OWNER is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be 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 mr entitles him coanextension of the Contract Time, he may make .a claim therefore
as provided 'in Articles \| and |2.
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 uf such other separate contractors am 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 cf 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 beuc the expense mfCONTRACTOR
62
77 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 m prevent delay inthe execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing, Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination ofCDWTRA[TDR`s uvvn Work.
79 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 [ONTKA[TOR`a cost.
7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as neqoeored, 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 uothe CONTRACTOR through the CONSULTANT.
82 In cases of termination of employment of the CONSULTANT, the CITY will appoint aCONSULTANT
whose status under the Contract Documents shall be that cf the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of` them under the Contract Documents.
8.4 The CITY'S duties inrespect ta providing lands and easements are set forth 1n Paragraphs 4.| and 4.2.
8.5 The CITY shall have the right uo take possession of and use any completed or partially completed
portions o[ the Work, notwithstanding the fact that the time for completing the entire Work orany
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.
City's Representative:
9.| The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articles | through |6ofthese General Conditions and shall not be extended
without written consent of the CIT/and the CONSULTANT, -
9.|.| The C(]N5ULTANT's decision, io matters relating to aesthetics, shall be final, if within the terms
of the Contract Documents.
9,12 Except .as may 6e otherwise provided i^ this contract, all claims, counterclaims, 6)sputesandot6er
matters |n question between the CITY and the CONSULTANT arising out ofo, relating omthis
Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the
State ofFlorida.
Visits to Site:
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and co determine if the Work is
proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing
assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with
the Construction Documents and applicable laws, rules and regulations. On the basis of these on site-
observations as an experienced and qualified design professional, he shall keep the CITY informed of the
progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and Interpretations:
B The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Documents (in the form of Drawings determine necessary, which
shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. R
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based ova
written clarification and/or interpretation, it shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of Quantities:
Thomas F. Pepe
63
94 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. All linear surface measurements shall be made horizontally or vertically
as required by the item measured.
Rejecting Defective Work-
9.5 The CONSULTANT shall have authority todisapproveorn4ectvYorkthx 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 unor off site, installed o, completed asprovided. |n 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 ^o the cost o/ testing and inspection, the cost of repairing any of the Work, or the work mfothers,
the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work.
Shop Drawings, Change Orders and Payments:
96 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.25 through 6.28, inclusive.
97 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10. 11, and |Z
9^8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article |4.
Decisions on DisaEreements:
9.|O The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's ReSDonsibilities:
01 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences
incident or procedures, or the safety precautions and programs thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 -CHANGES IN THE WORK.
|{i| Without invalidating the Contract, the CITY may, at any time or from time co time, order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change
Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work
involved. All such Work shall be performed under the applicable conditions of the Contract
Documents. If any authorized written Change Order causes an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as
provided in Article ||ur Article |lA written Change Order signed by the CITY and the
CONTRACTOR indicates their agreement to the terms of the Change Urder. All Change Orders shall
be certified by the CONSULTANT asuo the appropriateness ondva|ueofthechunge in the 'Work nswell
a000 any change in the time to complete the Work under the circumstances. The failure oo include a
time extension in the Change Order or in the request for a change order shall result 'inu waiver ofany
extension of time due to the change in the work as reflected in the Change Order.
|O.l The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request uddicinnu|timeoraddidond
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the COm3ULTAMT's Field Order would entities the
CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a
written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authprizacon of a written Change Order
shall not entitle ictoan increase in the Contract Price oran extension of the Contract Time, except )o
the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10I
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, cobe performed as provided \n paragraph 44^andY\orkperfbnne6inanemergencyao
Thomas F. Pepe
rV
provided in paragraph 6.22 and any other claim of the CONTRACTOR for n change |n the Contract Time
op the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work. The Work shall be stopped 4nci1the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged oo the CONTRACTOR.
ARTICLE I I — CHANGE OF CONTRACT PRICE.
(L| The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be:t its expense without changing the Contract Price.
11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or
indicated to be u Change Drder, make any change in the VVoHx within the general scope of the Contract,
including but not limited *o changes *rnrin:
| |.l.| Specifications (including drawings and designs);
| |2.2 Method or manner of performance of the Work.
11.2.3 CITY-furnished facilities, equipment, materials, services, or site; or
[|.2.4 Acceleration in the performance uf the Work.
||.] Except as provided in this section, or sections referred to in this section, no order, statement, or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, or as otherwise provided in another section of the Contract Documents.
11.4 When a Change Order igissued by the CONSULTANT and signed by the CITY or issued by the CITY io
writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with
the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the
CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach timely agreement, an equitable
adjustment based on the cost of the Work shall be made and the Contract modified accordingly.
||.S |f the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall, within ten (ION calendar rj--7s after receipt of a written
Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting
forth the general nature and monetary extent of such claim for equitable adjustment, time extension
requested and supporting data. In determining the cost ofthe Change Order, the costs shall be limited co
those listed insection 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 Gnn| 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 cf the following ways:
11.7.1 8y negotiated lump sum.
11.72 Dn the basis o6 the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee tp the CONTRACTOR to cover overhead and profit not ovexceed
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 us otherwise may 6eagreed
to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade
County and shall include only the following items:
11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall 6e limited to:
salaries and wages, plus the costs offringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensudon, 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 6e included in the above only if authorized by
Thomas p.Pepe
29
CITY and provided it was not in any way, whether in whole or in part the result of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due in whole or in part to Defective Work of the CONTRACTOR.
11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection
therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and
offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for
items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the
CONTRACTOR fails to timely notify the CITY of the discounts or if the OWNER deposits funds
with CONTRACTOR with which to make payments in which cases the cash discounts shall
accrue to the OWNER. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make
provisions so that they may be obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance this section 11.8 and in such case the word "Subcontractor shall be
substituted for the word "CONTRACTOR".
11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof - all in accordance with terms of said
rental agreements. The rental of any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
11.8.7 The cost of utilities, fuel. and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (21) of the increase in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the following;
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers,
agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR
whether at the site or in its principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in Subparagraph 11.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 1 1.8;9).
11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph 11.8.
1 1.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
I [.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
1 1.10.2 A mutually acceptable fixed percentage (not to exceed 15 %).
Thomas F. Pepe
12/1012015
66
|i.|( The amount of credit cobe allowed by CONTRACTOR cu 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.
CONTRACT TIME.
|I| 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
122 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 OYYNB{, that the Contract Time for the completion of the Work described herein is a
reasonable time, taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the Work. No extension of time shall be granted due conditions that the
Contractor knew of or should have known of before bidding on the project or due to inclement weather,
except as provided in section 12I
|I] K 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 nu the OWNER the amount of liquidated
damages as specified in the Contract Documents for each calendar day after the scheduled date for
completion as adjusted by written Change Orders that extended the completion date.
12L3.1 These amounts are not penalties but are liquidated damages incurred by the OWNER for its
inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon
between the parties, recognizing the impossibility of precisely ascertaining the amount ufdamages
that will ba sustained aau consequence of such delay, and both parties desiring to obviate any
question or. dispute concerning the amount cf said damages and the cost and effect nf the failure
of CONTRACTOR to complete the Contract ontime. The above-stated liquidated damages shall
apply separately to each phase of the Project for which a time for completion is given.
12.32 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the
Work under this Contract.
124 The Contract Time may only be changed bya written Change Order. Any claim for an extension ivthe
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature
of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated
and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change
in the Contract Time resulting from any such claim shall be incorporated in a written Change Order.
1I.5 All time limits stated in the Contract Documents are of the essence of the Contract.
126 No claim for delay shall be allowed because uf failure oofurnish Drawings before the expiration o[
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 asu6standa| affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to
delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall
be limited to increased cost of materials that were unanticipated and that would not have been incurred
but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an
extension of time us provided for 1nSection |2'4 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 nf acceleration or
inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference orhindrance be reasonable or
unreasonable, foreseeable or unforeseeable, pr avoidable or unavoidable.
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119 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 isbased.
12.10 Dispute Resolution: K any dispute u question of fact arises under the Contract, other than
termination for default or convenience, the CONTRACTOR and the city department responsible for the
administration ofthe Contract shall make ^ good faith effort curesolve the dispute. If the 'dispute .cannot
be resolved by agreement, then the department with the advice of the City Attorney and the
CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE 13 —GUARANTEE.
13] The CONTRACTOR shall guarantee and unconditionally warrant through either the or the
CONTRACTOR direcdy, all materials and equipment furnished and Work performed for patent
Defective Work for o period of one 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 Cornp|edon, if issued by the City, whichever is applicable and if more than
one is applicx6|e, the one that is issued last, for patent Defective V\orh.. 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. {n 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 cfdefault, 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 [OWTRACTOR'o expense. and the CITY ohd| charge the CONTRACTOR the cost thereby
incurred. The Performance Bond shall remain \n full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period uf time listed
in Section |].|. shall take precedence over Section 111.
1I3 CONTRACTOR shall act as agent, on4 limited basis for 'the CyAYNER,oc�he{]TY`aopdon. solely for
� warranty 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 mr
incurred thereby.
|lS The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet
the specification requirements. Upon written notification of rejection, items shall be removed within five
(5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected
goods left longer than thirty (30) calendar days shall beregarded as abandoned and the City shall have the
right todispose of them as its own property and the CONTRACTOR thereby waives any claim cpthe
good mroo compensation of any kind. Rejection for Non-Conforming Work ur failure to meet delivery
schedules may result in the Contract being found indefault.
Payments to Contractor
14.1 The Commonshal|notbeentitled to any money for work performed before the issuance of
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 (|8) calendar days before each progress payment 6aUsdue(butnotmoreoftenthun
once .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 am 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, o( those persons. Ifpayment is requested on the basis mf
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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 bysuch supporting data, satisfactory to the CITY,
which establishes the OWNER'S title to the material and equipment as well as certificates o/ insurance
providing coverage for |00%of the value of said material and equipment covering the material and
equipment from all casualties au well ms theft, vandalism, fire and flood. The CONTRACTOR `shall replace
zt its expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either
certifying in writing its approval of payment and present the partial payment estimate to the OWNER, or
return the partial payment estimate uathe CONTRACTOR, indicating in writing his reasons for refusing
to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and
resubmit the partial payment estimate. The OWNER, will within thirty (30 calendar days of presentation
to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis
of the approved partial payment estimate. The OWNER shall retain ten (10%) percent of the amount of
each payment until Final Completion and Acceptance of all Work covered by the Contract Documents.
Any interest earned on the ret inagesha||aco"etoch=6ene0cufdhe0YYNER.
142 The CONTRACTOR, before itshall receive final payment shall deliver twthe CITY Contractor's Find
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indirectly, which was incorporated into the Work. |f any person refuses to provide such n release or
provides a conditional release, the CITY shall have the right tm issue a)oint check made payable tothe
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 Project or
not, shall have passed to the OWNER prior oo 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 noWork, materials orequipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR orby any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant uo an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR orsuch other person. _
ADDroval of Payment
14.4 The CONSUL]AJNTm approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, that the Work has progressed to the point indicated in the Application for Payment; that, to the
best his knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject toun evaluation of the Work asa functioning Project upon substantial completion ao
defined inArticle |,uz the results cfany subsequent tests called for in the Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount
approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed
to have represented that he made exhaustive or continuous on-site observations to check the quality or
the quantity of the Work, or that he has reviewed the means` methods, techniques, sequences and
procedures of construction or that he had made any examination to ascertain how or for what purpose
the CONTRACTOR has used the moneys id or to be paid to him on account nfthe Contract Price. or
that title oo any Work, materials, orequipmenthumpassedcotbe{)WNERfreeanJ6emrofany|ienx`
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed onthis 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 u, all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons 'who performed work
or supplied materia|s^.
In the event that the CONTRACTOR withholds payment from u Subcontractor orSupplier, the same
amount of money shall 6e withheld from the payment until the issue 1s resolved by
Thomas p Pepe
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written agreement between them and then a joint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be
held by the OWNER until a judgment is entered in favor of the CONTRACTOR or the person, in which
case the money shall be paid according with said jo encNpthing contained herein shall indicate an
intent co benefit any third persons who are not signatories cm the Contract.
14.6 The CONSULTANT may refuse m approve the whole or any part of any payment if, in its opinion, |cis
unable oo make such representations to the OWNER aa required this Section 14. |t may also refuse cu
approve any payment, orit may void any prior payment application certification because of subsequently
discovered evidence or the results of subsequent inspection or tests oo such extent ,o may 6enecessary
in its opinion co protect the OWNER from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement,
14`6'2 the Work for which payment is requested cannot beverified,
14.63 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable
filing or receipt thereof,
|4'6,4 the Contract Price has been reduced because o(modifications,
14.8.5 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
829 and 6.30.
14.8.7 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,
146.8 cf liquidated damages payable by the CONTRACTOR, ur
14.69 nf any other violation of, nr failure vz comply with provisions of the Contract Documenco.
14.7 Prior to Final Acceptance the OWNER, with the approval of the CONSULTANT, may use any completed
or substantially completed portions of the Work provided such use does not interfere with the
[(]NTRACTOR'o completion of the Work. Such use shall not constitute an acceptance cf such 'portions
of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This provision shall not ha construed asrelieving the CONTRACTOR o{ the sole
responsibility for the care and protection of the Work, or the restoration of any damaged Work except
such as may becaused by agents or employees of the OWNER.
149 Upon completion and acceptance of the Work the CONSULTANT shall issue a 'Certificate attached tv
the Final Application for Payment that the Work has been accepted by it d the conditions of the
Contract Documents. The entire balance found cnbe due the CONTRACTOR, including the retained
percentages, but except such sums ay may be lawfully retained 6ythe OWNER, shall be paid urthe
CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to regJster as an ePayables Vendor with
the Owner. The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements uu corporate purchasing 'cards, ePayabies. streamline the process of
making payments to your organization going forward, the City will provide the CONTRACTOR with a
credit card account number no keep on file. This card has unique security features, with $Vmfavailable
funds until an invoice is approved for payment. After an invoice has received proper and complete
approval, ao electronic remittance advice will besent via e-nai|.or fax, which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount
listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form
contained in this KFP or contact the Ox/VNGR'a Finance department pt(3nS) a63~6343 with any questions.
Acceptance of Final Payment as Release
14.11 The Acceptance by the CONTRACTOR ofFinal Payment shall be and shall operate asarelease to the
OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously
filed and unresolved. The waiver shall include all things done or furnished in connection with the Work
and for every act and neglect of the OWNER and others relating tomrarising out nf this Work. Any
however, final or otherwise, shall not release the CONTRACTOR or its sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Completion Final Completion ofthe
Work as may te necessary in his opinion tnprotect the OWNER from loss i[he determines, because cf
subsequently discovered evidence or the results of subsequent inspection or tests, that:
Thomas F.Pepe
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14.1I1 the Work is defective, or that the completed Work has been damaged due to the fault ofthe
CONTRACTOR or any individual o, entity operating under orthrough 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.
14.1I.2 the Work necessary tobe completed furdhepurposeoJcartihing the work asbeing
Substantially Completed or Finally Completed cannot beverified,
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 vo the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion,
14-1I.4 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR 8Y2O%in the case of Substantial Completion and 5%
in the case of Final Completion.
14.13 If the CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification") by
the CONSULTANT, the CONTRACTOR shall repay uo the City cfSouth Miami any money paid asa
result of said Initial Certification being issued which shall be paid only when the decertified work isre-
certified.
|S`| The CITY may, at any time and without cause, suspend the Work or any portion thereof for nperiod of
not more than ninety 00calendar days by notice in writing omthe CONTRACTOR and the
CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
I I or Article 12.
City May Terminate
152 R the CONTRACTOR is adjudged bankrupt or insolvent, orifhemakes a general assignment for the
benefit of its creditors, orifo 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, nrifh repeatedly fails oo supply sufficient skilled workmen or suitable materials or
equipment, orifherep=ate6!y fails to make prompt payments to Subcontractors or for labor, materials mr
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 oo any other right or
remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs ofcompleting 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 6y the 'OWNER shall be determined bythe
CONSULTANT and incorporated ina Change Order.
If after termination of the CONTRACTOR under this Section, it|sdetermined by^court of competent
jurisdiction for any reason that the CONTRACTOR was not io default, the rights and obligations of the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section |S.5
15.3 Where the services have been su terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing which may thereafter
accrue. Any retention or payment of moneys 6y the OWNER due 'the CONTRACTOR shall not release
the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days written notice co the CONTRACTOR and the CONSULTANT, the CITY
may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work
Thomas p.Pepe
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executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or
Defective Work. No payment shall bemade for profit for Work which has not been performed.
|S.4A The CITY reserves the right in the event the CONTRACTOR cannot provide o"i»em(s)o,semice(s)ina
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 Equipmen
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment
and supplies from the property of the OWNER. Should the CONTRACTOR not remove such
equipment and supplies, the CITY shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
to such equipment qrsupplies. Equipment and supplies shall not be construed to include such items for
which the CONTRACTOR has been paid in whole orinpart.
Contractor MaX Stop Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court
or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it
is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT,
within thirty 80calendar days of its approval, and presentation, then the CONTRACTOR may, upon
twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the
Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If
timely remedied by the CITY, the Contract shall not be considered terminated. In lieu of terminating the
Contract, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due,
Indemnification of IndeDendent Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that Kthe CONSULTANT is an independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
.'
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER, st the [ONSULTANT'o request, agrees oo
provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
an interpretation, cle-certifies a payment application, clecertifies Substantial Completion, clecertifies Final
Completion, certifies an event of default, or approves any action which requires the approval of the
CONSULTANT.
|'L| Whenever any provision of the Contract Documents requires the giving oY written notice it shall be
deemed uo have been validly given if delivered i^ person co the individual nrcoa member nf 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.
182 The Contract �Documents shall remain the property uf the OWNER. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
uf 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 u nCONTRACTDKbycheContract
Documents and the rights and remedies available uo the OWNER and CONSULTANT thereunder, shall
be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available
by law, by special guarantee or by other provisions of the Contract Documents.
16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of
any error, omission, pr act uf the other orof any of their employees or agents ur others for whose acts
they are legally liable, claim shall be made in writing to the other party within twenty-one (2 1) calendar
days 'of the first observance mf such injury 'or dmmags
Thomas pPepe
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17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either
may have coa trial by jury in State orFederal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance nf the Work
thereunder.
ARTICLE 18 - ATTORNEYS FEES 1URISDICTION / VENUE / GOVERNING LAW.
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
KB The submit the jurisdiction of any court of competent jurisdiction inFlorida regarding any claim
or action arising out ofor relating co the Contract or Contract Documents. Venue of any action um
enforce the Contract shall beiu Miami-Dade County, Florida.
18\3 Except as may be otherwise Provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out of or relating to
this Contract vr the breach thereof, shall be decided in a court uf competent jurisdiction within the State
of Florida.
19] The CITY shall have right to inspect and copy during regular business hours mt OWNER'S expense, the
books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any
claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and
make available to CITY all such books and records and accounts, financial or otherwise, which relate to
the Project and co any claim for a period of three (3) years following final completion ufthe
Project. During the Project and the three (3) year period following final completion of the Project,
CONTRACTOR shall provide CITY access toits books and records upon five (5) business day's written
notice.
19.2 CONTRACTOR and all cf its subcontractors are required oo comply with the public records law
(s.||9.070|) while providing services mn behalf cf the OWNER and the CONTRACTOR, under such
conditions, shall incorporate this paragraph 1n 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 nn the same terms and conditions that the public agency would
provide the records and ota cost 'that does not exceed the cost provided |n this chapter ormsotherwise
provided by law, (c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records
in possession p7 the contractor upon termination o[ 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 tu the public agency ina format that \s compatible with the
information technology systems mf the public agency.
19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
provision shall be liable oo OWNER for its costs ofenforcing this provision, including attorney fees
incurred in all proceedings, whether administrative n, civil court and 1n all appellate proceedings.
ARTICLE 20 — SEVERABILITY.
20.1 U any provision of the Contract or the application thereof to any person or situation shall m any extent,
be held invalid nr unenforceable, the remainder cf the Contract, and the application mf such provisions oo
persons or situations other than those amzo` which izshall have been held invalid or unenforceable shall
not be affected thereby, and shall continue ln full force and effect, and be enforced oo the fullest extent
permitted 6ylaw.
2L| The CONTRACTOR ismmindependent CONTRACTOR under the Contract. Services provided bythe
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers, employees, or agents of the OWNER. Personnel policies, tax
Thomas pPepe
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responsibilities, social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable m services rendered under the Contract shall be those of
the CONTRACTOR.
ARTICLE 22 —ASSIGNMENT.
ll| The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
arising under the terms, conditions and provisions ofthis Contract without prior written consent ofthe
City Manager. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the
[ONTRA[TOR'a rights. The CITY may, n its sole and absolute discretion, refuse cu allow the
CONTRACTOR to assign its duties, obligations and responsibilities. In any event, the CITY shall not
consent uosuch assignment unless CONTRACTOR remains jointly and severally liable for any breach of
the Agreement by the assignee, the assignee meets all of the OTY'` requirements to the OTY'ssole
satisfaction and the assignee execvesaUo/theConcraccDocuments that were required tobeexecuted
by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their
inclusion as part of the Contract Documents on this day of 20 1
ATTESTED:
CONTRACTOR:
Signatons___
Print Signatory's Name:
__
Title of Signatory:___
Signature:
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved asto Form, Language,
Legality, and Execution Thereof.
City Attorney
Thomas F. Pepe
MI
Supplementary Conditions
A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's
designated representative aside^dGe6|ntheSvpp|emencmYCondiduna` The C{}NSULTANT`s.ifany,
and the City's Designated Representative's name, address, telephone number and facsimile number are as
6rUuws
Consultant: N/A
B. Termination or Substitution ofConsultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished sets of
Contract Documents without charge. Any additional copies required will be furnished to the
CONTRACTOR utx cost no the CONTRACTOR equal uu the reproduction cost.
D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP
and in the attached EXHIBIT | to the 0FP and iTthere is conflict the attached Exhibit shall take
precedence'
E Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and
in the document set forth io the attached EXHIBIT 2 to the RFP and if there is u conflict the attached
Exhibit shall take precedence,
F. The Work shall be completed in 90 calendar days unless a shorter time is set forth in the Contract and
in such event the Contract shall take precedent notwithstanding any provision in the General Conditions
oo the Contract that may boro the contrary.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions oo
acknowledge their inclusion as part nf the Contract po this _ day cf 20 __,
Signature:
CONTRACTOR:
Signature:___
Print Signatory's Name:
__
Title of Signatory:
Signature:
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature:
City Attorney
Thomas F. Pep
VA