RG Underground RFP #PW2016-19 8.26.16The City o(South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request thereinafter referred to as "Request
for Proposals" m"kFP"), All references in this Sv||c|odnn (also referred o,asnn "invitation for Propm»a|s"or
"Invitation to Bid" to "City" shall be a reference to the City Manager, or the manager's designee, for the City nf
South Miami unless otherwise specifically defined.
The City |s hereby requesting sealed proposals ix response tothis RFP^"^SW 64"' Avenue Drainage
Improvement Project, RFP #PW2016-19, The purpose of this Solicitation is to contract to?- the services
necessary for the completion of the project in accordance with the Scope of Services, (Exhibit 1, Attachment A) and,
or the plans andhor specifications, (Exhibit 1, Attachment 9). described in this Solicitation (hereinafter referred to as
"the Project" m '^Proic,t'`)
Interested persons who wish on respond co this Solicitation can obtain the complete Solicitation package outhe
City Clerk's office Monday through Friday from 9:00 a.m. to 4:00 p.nr or by accessing the following webpage:
hittpd/vmw"*oonuthmwvantifl.Qa*/ which is the City *f South Miami's web address for solicitation information,
Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package,
inc|ud(ng all documents listed hn the Solicitation,
The Proposal Package shall consist nf one (1) original unbound proposal, one (1) additional copies and
one (1) digital (or comparable medium including Flash Drive, DmyCvmr CD) copy all mf which shall be
delivered tn the Office pfthe City Clerk located at, South Miami City Hall, 6|3O Sunset Drive, South Metal, Florida
33143, The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the
following Envelope Information clearly printed or written on the exterior of the envelope or contamet in which
the sealed proposal |ode|ivare&"SW 64" Avenue Drainage Improvement Projeo*," RFP#P99I0U6^C9
and the name n{ the Respondent (person nr entity responding c*thmSn||duunn, Special envelopes such authose
provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on
the front or back nY the envelope. Sealed Proposals must bc received by Office ny the City Clerk, either h/mail
ur hand delivery. no later than 1W:q0 am. local time o° August 3&,2#S6.Hand delivery must bmmade
Monday through Friday from 0AMco 5 PH tm the office mf City Clerk.
A public opening will take place at 10:00 a,m. on the sarne date in the City Commission Chambers located at City
Hall, 6\38 Sunset Drive, South Miami 33{43. Any Proposal received after |0�00c.m, local time oo said date will
not bm accepted under any circumstances, Any uncertainty regarding the time a Proposal is received will be
resolved against the person submitting the proposal and in favor of the Clerk's receipt scm`p
A Non-Mandatary Pre-Proposal Meeting will bw conducted at City Hall iw the Commission
Chambers located m*68JW Sunset Drive, South Miami, FL 33843 on, August 12,201emt V#:ANa^m*^
The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditionsand
provisions of this letter ao well motn 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 Proposal, as determined by the City, subject to the right of the City, or the City
Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or
Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a
Respondent orKwspondeno.ndhm- &xmnonne who provided the lowest Proposal Price or, if the Scope ofthe
Work it divided into distinct subdivisions, tn award each subdivision nzu separate Resprn0o~t.,
Plans M, Menendez, [M[
City Clerk, City of South Miami
+ 4th '. "III a ` ,' j Improvement
t
Scope The a
EXHIBIT 1, Attachment A and Attachment
YY
Proposal Submittal Checklist Form
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified inun addendum ,othis Solicitation, The response shall include the following items:
X
Indemnification and |omonnnww Documents EXHIBIT J
X
Corso uc6mn Bid Form EXHIBIT 3
Signed Co^t.actDocun.eo;s (All —i*dodi^%/�wnera|C"oV|b^*,
-~ and Supplementary Conditions |y attached) EXHIBIT 4,5, &6
x Performance and Payment Bonds (A w�vCmm�ionAward. Not
required with Submittal,) EXHIBIT 7vQ*
x
Respondents Qualification Statement
x
UxofPrupouedSutcomtracmorvmnd6inc|pdSopp|iem
x
Nun'Cv{lusionAffidavk
x Public Entity Crimes and Conflicts of Interest
x Drug Free Workplace
X
Acknowledgement o| Conformance with OSHA Standards
x
Affidavit Concerning Federal Q State Vendor Listings
x
Related Party Transaction Verification Form
x Presentation Team Declaration/Affidavit of Representation
� �
�
�
.�
^�
�
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents,
Thomas pPepe
Insurance & Indemnification Requirements
|D| |uxuzme:
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 az its own expense during the life ny the Contract, insurance u(the types and in the minimum
amounts stated below is will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with tire City, of South Miarni, whether such claim is against
the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any *f them may, deliable,
[L No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance fromand shall maintain the insurance with a company or companies
lawfully authorized to sell insurance \nthe State v[ Florida, onforms approved hy the State of Florida, a»
will protect the RRMT at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or less Subcontractor or by anyone directly or indirectly employed by
any nf them, wrby anyone for whose acts any of them may bm liable: (u) claims under workers'
compensation, dissficQuy benefit and other similar employee benefit acts which are applicable to the Work
to be perforated: (b) clairra for damages because of bodily injury, occupational sickness or disease, or
death of the FiRM's employees; (c)dw|mo far- damages because of bodily injury, sickness or disease, or
death of any person other than the RKM'u employees; (d) claims for damages insured ky usual personal
injury liability coverage: (e) clairns for damages, other than to the Work itself, because of injury to or
destruction oY tangible property, including loss oy use resulting there from: n) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle: (g) claims for bodily injury or property damage arising out of completed operations; and
(b) claims involving contractual liability insurance applicable tm the RRM's obligations under the Contract,
1 D FIRM shall provide and maintain in force and effect until all the Work x.
be performed under this Contract has been completed and accepted byCITY (or for such duration a»|sotherwise
specified hersunafter), the insurance coverage written on Florida approved forms and as set forth below:
1,83 mz the statutory amount asuo all employees h compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, us presently written
vr hereafter amended, and all applicable federal laws. |n addition, the policy 8ex) must include: Employers' Liability
at the statutory coverage arnount. The FIRM shall further insure that all Of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance,
1,04 Comprehensive General Lia his 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 $I.000.D#8 aggregate, including.
" Personal Injury: $1,008.000;
" Medical Insurance: $5/)Wo per persom
" Property DumnQe�$5V0^0O0 each ncovrrm^ce;
|DS ;riepLebL C�mrvUisr z��LCooWo�a�u�uu��muzmdi�bQ�y|owrunce shall hewriom`ona5or|dnapproved
form with the same costs rage asthe primary insurance policy but in the amount nY$|.08O.80& Per claim and
$l.8Wn,000 Annual Aggregate, Coverage must ba afforded nnu form nn more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products mnd/"r Completed Operations Hazard
Thomas F,Pepe
44
(d) Explosion, Collapse and Underground Hazard Coverage
Broad Form Property Damage
(f) Broad Form Contractual Cover-age applicable to this specific Contract including any hold harmless
xacho/ indemnification agreement
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
186 Business Antonio b&�lab8d_y with minimum limits of One Million Dollars (W|.UOD.00Q,D0) plus uo
additional One Million Dollar ($1,000,000,00) hnelbper 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 vf the Business Automobile Liability policy, without restrictive endorsements, ax filed by with the
state mY Florida, and must |nu"da�
(w) Owned Vehicles,
Hired and Non-Owned Vehicles
(c)Employmm'Non^Owocrsh|p
|R7 SUBCQN1RACTS, The FIRMagrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision ^» set forth m section 5.| above and 5A below and
substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where
applicable,
|�08
&In the event that dd �
�non�ruc�volvn;thmconsrn.cWonn{zstn/uune,thmC(}MTRACTOKshd|
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" forrn/All
Risk Insurance on buildings slid structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
cv and constituting o part af said buildings r. structures, The policy u, policies shall also cover
machinery, i{ the cost oK machinery w included iM the Go*maccnr|f the machinery /s located inabuilding
that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B, All of the provisions set forth in Section 5A herein below shall apply to this coverage unless it would be
c|mar|ynntapp||riWo.
|89 Misge Liat1goge�
A, K any notice of cancellation d insurance n, change |o coverage ioissued by the insurance company mr
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall bc responsible for securing other acceptable insurance prior ro such cancellation, change, *r
expiration zuuuoo provide continuous coverage ao specified |othis section and xnaxtmmaintain
coverage. during the life py this Contract.
&L 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 no the CITY covering the same,
[, The policies shall contain waiver vf subrogation against CITY where applicable, shall expressly provide
that such policy or, policies are primary over any other collectible insurance that CITY may have, The
CITY reserves the right at any time to request a copy of the required policies for review, All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment v/ the CITY as well ^s contractual liability provision covering the Contractors duty unindemnify
the [ig,as provided |n this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of Stich
insurance, acceptable zo the CITY, nu well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained, The insurer
shall be rated A.Vb or better per A.M, Best's Key Rating Guide, latest edition and authorized to issue
insurance io the State o( Florida. All insurance policies must ba written *n forms approved hy the State
of Florida and they must remain in full force and effect for the duration of tile contract period with the
CITY. The FIRM rnay,bm required by the CITY, nz its sole discretion, tn provide n "certified copy" *fthe
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements, In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as follows:
Th"m°sP*m
45
"The City of South Miami |uan additional insured. The insurer shall pay all sums that the City uf
South Miarni becomes legally obligated to pay as damages because of 'bodily injury", 'property
damage', or "personal and advertising injury" and it will provide to the City all of the covet-age
that is typically provided under the standard Florida approved forms for commercial general
liability coverage /\ and coverage 8".
(2)a policy provision wron endorsement with substantially similar provisions ayh||o*a�
"This policy shall not be cancelled (including cancellation for non-payment of premium)-
terminated wr materially /nediSmd without firmxgiving the City m1 South Miami ten (|n) 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 nf delivery ro the C|xy,^'
E If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few. then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$ 1 .000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
surns which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by this FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agi cement, This insurance shall be
maintained for four years after completion wf the construction and acceptance mi any Project covered hy
this Agreement, However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city zt the city's sole, absolute and unfettered
d|u,n:dmn.
A. The Contractor accepts and voluntarily incursall risks of any injuries, damages, ce harm which might
arise during the work nr event that isoccurring on the C[rY\ property due tv the negligence or other fault oYthe
Contractor or anyone acting through oron behalf q[ the Contractor,
& The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses. including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be Suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for, injury to, or death of any person or persons and for the loss mrdmm4getwany
property arising out of a negligent error, omission. misconduct. or any gross negligence, intentional act or harrinful
conduct of the Contractor, its contractortsubcontrector or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of thern, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT,
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates. employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their
agents, representatives, employees, or assigns, andlorarising out of, or incident to, this Agreement, or incident to
or resulting from she performance or non-performance of she Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither, the CITY nor its officers, a0|iaors.employees,
successors and assigns shall be held liable or responsible For any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or, omissions of the Contractor, its
contractorksubcontracnor or any of their, agents, representatives, employees, or assigns, or anyone acting through
mron behalf vf the them, and arising out m{er concerning the work ur event that |s occurring wn the C|TY'v
property. |n reviewing, approving orrejecting any submissions wr acts nf the Contractor. CITY inno way assumes
or shares responsibility or liability for the acts or omissions of she Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, 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
vf South Miami, which approval will not ba unreasonably withheld,
Ta",m*mpPepe
IVIOcni
46
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 |n conflict with this Subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification, Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utili7ed by the design professional in tire
performance o( the contract.
r°"anis F. Pepe
47
Steven Alexander
City Manager
City ny South Miami
6|3O Sunset Drive
South Miami, FL33|43
I^K this Proposal |oaccepted. the undersigned Respondent agiewo^^ enter into x Contract with the City «f
South Miami in the form included in this Solicitation Package and to perform and furnish all work as
specified or indicated inthis Solicitation, including us set forth |n Exhibit 8 (Scope wf Services) for the
Proposed Price us set forth below, within the Contract Tinne and in accordance with the other terms and
conditions of the Solicitation Package.
I, Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposalibid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form wfrunt/a*s that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form, Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents , squired by the Solicitation,
including the Contract if not already submitted, within ten f 10) calendar days after the date of the City's
Notice nfAward.
3. |n submitting this Proposal, Respondent represents that:
zc Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(mcwiptcd all which io hereby uuknn*/|mdWeJJ
�
Addenclurn No, I Dated:
b Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance wrfurnishing of the Work.
c. Subsurface conditicurc If applicable to this Solicitation, the Respondent represents tffac
|, Respondent has studied carefully all reports and drawings, |/ applicable, *f subsurface conditions and
drawings oy physical conditions,
iL Respondent has obtained and carefully studied (of, assurnes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests and studies in addition to or to
supplement those referred onin this paragraph which pertain tothe subsurface of, physical conditions
a- the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other, terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests, reports of- similar information or data are, or will, be required by
Respondent for any reason in connection with the Proposal, The failure of the Respondent to request
a pre-bid marking of the construction site by any or all utility cornparres shall create an irrefutable
presumption that the Respondent's bid, nr proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, shall not be entitled to a change
order for any such condition discovered thereafter,
iflL Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Conti-act Documents.
iv, Respondent has reviewed and checked all information and data shown or indicated in the Solicitation
Package or in the Contract Documents with respect to existing Underground Facilities or conditions
Thomas cPepe
IN
ouurcontiguous to the site and assumes responsibility for the accurate location o/ all Underground
Facilities and conditions that may affect the Work, No additional examinations, investigations,
explorations, tests, reports or sunilar information or data in respect so any Underground Facilities or
conditions are, or will be, required by Respondent in order to perform and furnish tile Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions uf
the Conti-act Documents unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery u(underground facilities and/or conditions that affect the cost ufthe
Work and unless the respondent makes a written request to the City for, additional Information
prior tn submitting the bid mr proposal an required |n subsection ||above,
d, Respondent has given the all conflicts, errors of, discrepancies that ithas
discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found
and notice given, the Respondent represents, by submitting its proposal to the City, that the
Respondent has received sufficient notice of the resolution thereof from the City, that such resolution
is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or
discrepancies.
e. This Proposal iu genuine and not made i, the interest mf^/un behalf mf any undisclosed person, firm nr
corporation and is not submitted pursuant to ,my agreement or rules of any group, association,
organization, or corporation; Respondent has not directly of, indirectly induced or solicited any other
Respondent to submit a false orsh^n` Proposal: Respondent has not solicited vr induced any person,
8rmur corporation os refrain from responding; and Respondent has not sought hp 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 m/ furnish and
install all ,f the Work complete and in place, The Schedule cf Values, if required, i, 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 in any way so as ro result in a
deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of tile
Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment,
tools, superintendence and services necessat y to provide a complete, in place, Project for the Proposal
Price. If this Solicitation requires the completion of a Cost and Technical Proposal, as may be set forth in
innn exhibit rvthis Solicitation, such proposal must &wattached tw this Construction Bid Form
and will take the pUmum of the Lump Sun" Price, otherwise, the Contract Price for the
completed work im*s follows; for Work activity limited tw the hours from 7:WWm^m*. through
0:00p^mm^,ow weekdays from Monday thpow0hFriclwyx
LUMP SUM BASE P0UCIE� $_L�,? /4/ dollars and cmwtm
NOTE;
Q[nm alternative price is provided with the proposal, it shall 8enmmqn:bm=abW»
presumption that the contract price includes work performed after normal working hours
whenever requested by the City Manager.
Alternate: #I ��� 4�5 - dollars and � cents
Afee breakdown for such task included hthe lump sum contract Price, if applicable, must be provided. Failure m
provide this information shall /w*dr/ thn proposal noo~xspoos/ve,
I The ENTIRE WORK shall bmcump|ered./n lull, within Wcalendar tays from the commencement date
set forth |n the NOTICE T{)PROCEED, Failure on complete the entire wm rk during the described time
pe'ivdohn||rvso|cindheaxsexvmwntnf|/qo|doxmddnn`o%exasn`aybase'0»rth{othmCmnorzct,
& Insert the following information for future communication with you concerning this Proposal:
49
Address:
Telephone:
Facsimile:
Contact Person
T The terms used (nthis Proposal which are defined io the Contract shall have the same meaning owiu
assigned "m them |o the Contract Documents, unless upecifiodlydefined |nthis Solicitation Package,
& |[u cost & technical proposal |v required by the Solicitation, Respondent hereby certifies that all of the
facts and responses tp the questions posed |n the cost & technical proposal, i[ such an exhibit iomade
a part of the Solicitation, are true and correct and are hereby adopted as part. of this Construction Bid
Form, and are trade a part ofthis proposal, byreference.
9. 0y submitting this proposal, |,on behalf of the business that | represent, hereby agree nn the terms nfthe
form of contract contained iw the Solicitation package and | agree ^mhr bound hy those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
agreed upon in the course of contract negionations and which have been confirmed by the City in writing,
including e-mail cunfi,miw*,,.|Yany. | hereby certify under penalty mf perjury that |om the lawful
representative of the business enuty referenced in this Bid Form, that I have authority to bid for that
entity and that all of the information and representations contained herein are true and correct to the
best oYmy information and belief,
SUBMITTED THIS
DAY OF 20 4,
to
Signat ire t' §
FAZIMMINIXAfiffom
Tide
Im
%
14
Lo
0
%
%
z <
<
<
0
0
w
tD
aq
<
z
z
z
<
0
z
z
<
w
V
<
A
<
Lp
w
Z
<
4Li,ik
W
<
w
0
w
Z
0 <
0
D
0
0
LU
u
z
u
z
z
u
z
C3 0
z
u
z
—
<
xu
Z
—
<
xu
<
<
z
w
w
z
z
0 00
U
U
<
Z >
>
0
Z
<
< �0- 'j
<
u
x
W
x
W
�J-
0
E
0 > 0
0
<
y
0
CL ti. < cc
0
u
C9 w
z
<
Z
Z
Z
0
<
<
a U
u
Z
Z
u z
z w
0
z
O<
Zz
z
a
�i
"�
=2
0
u
0
0
0
0
c
ra
1�
u
3�
u
>
0
, z
z 2
T
0
<
u
�
m
E
z � -
- w
0
�-
P
Z
�E�
z
x
0
1-
m
In t
o
z
Z
z
w
0
m
In <
<
w
z
z
rev
<
z
YL 0
VF
U <
<1
<
<
r
< <
z
'n
0
0
vi
t7�
u
17;
0
0
E
w
�- � �Zzz*
zu
i�
u
zzz-z
zwoowv,�K ---
Q U L13 non
z a C,
<
-
0
Z
0
Z
0
±C�
z �069Z'Z'Zzz
= t�
z
9
z
2
z
<
u
z
. z
z 0 < L') < < 0 n:
(D = U m
< <
m =
<
=
5
<
=
<
<
=
< 0
=
w Z
0 Z I0 D
�n �n
0
�
z < Z = 7- Z
Z Z
D
z
z
z
I ;<E-210 W�w ==Mu
wv,uw,,
<
w
<
U u R E
E El
Z-
z
Z
Z
u
I,
00
E
ro
u
CI 0
IN
00
South Miami
.•0 9 it
Date: August 16, 2016
Sent: Fax/E-mail/webpage
i U551011 Is
Solicitatim and is hereby rnade part of the Documents, All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addenclums that may be issued for a specific
solicitation.
94 �Wll
11 1 - M41MIRom
fFVnFCY—TTVfL'-1rrrC� LU o tttttt
dated 8-15-16, which shalt replace sheet C-4 in the RFP,
Page I M'2
Due to revisions in sheet C-4 a revised Schedule of Values is being provided as a part of
Addendum No. I and shall replace the Schedule of Values in the RFP.
Page 2 M'2
THIS C 'TRACT was made and a d into on [his day of. le 20 by
and
"Contractor"Fand the E7ity of South Mlami q eferrIto as "Owner"), through its City Manager (hereafter
referred to as "City"),
VV[Tx|ESGTK
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
1. The Contractor shall furnish all labor, materials, equilarnent, machinery, tools, apparatus, transportation
and any other items necessary to perform all of she work shown on and described in the Contract
Documents and shall do everything required by this Contract and the other Contract Documents
hereinafter referred tw"s the Work.
l The Contract Pmc"mu`* shall include this Contract. Genet-at Conditions tn [he Contract, if any, the
drawings, plans, specifications and project manual, if any, any supplementary of, special conditions, other
documents referring no this contract and signed bfthe parties, the wo|idxationJncon*m,z('^honeinofter
referred to is "Bid Documents") and any documents to which those documents refer which are used by
the Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein,
]. The Contractor shall commence the Work oohm performed under tNa Contract ^na date wohmspecified
in a Notice to Proceed and shall complete all Work hereunder within the ongth of time set forth in the
Contract Documents.
+ The Owner net not, agrees .o pay tw die Contractor ib/ the faithful performance uf this Contract, subject
to additions and deductions as provided in the Contract Documents and any properly approved, written
change d
eme /i ell, Dollars ($1->idA4.5_,00 I, Lump Sum ("Contract
5, The expenses vY performing Work after regular working hours, and wn Sunday and legal holidays shall ha
included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the
Work be performed after regular working hours, Iri such event, the Respondent shall have no right to
additional compensation for such work. However, nothing contained herein shall authorize work on days
and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in
writing by the City,
6, If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duty certified and approved schedule of values for the Work performed
during each calendar month by the Contractor, less the reta|nage (all uu provided for io the Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
pf eject in accordance with this Contract and the other Conti-act Documents and until such Work has
been accepted hy the City,
7, Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and
other costs incurred by the Contractor in connection with the construction of the Work have been paid In
full, and after compliance with the terms for payment provided for in the Conti-act Documents, final
payment w^ account u( this Conti-act shall hm made within sixty (&8) calendar days after the completion by
the Contractor of all Work covered by this Contract and the acceptance vy such Work b/ the Owner,
0, The Work shall hm completed im90zwhxmWar da)s,|n the event that the Contractor shall fail rm
complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit
agreed upon, in accordance with the procedure as more pardcularly set forth in the Contract Documents,
liquidated damages shall hm paid by the Contractor ot the rate nf�j^��@��u�NU�,�����*� plus any
monies paid by the Owner to the Consultant, if any, for additional engineering and kispecdon services, if
any, associated with such delay,
Thomas ePepe
11
THIS CONTRACT was made and nt d into on this � day of A
by
"Contractor"), and the City of So �thiarmni drrea �erefei'irieb �oa;twner"), through its City Manager (hereafter
referred to as "City"),
vYTNESETH:
That the Conti actor, for the consideration hereinafter fully set out, hereby agrees with the Owner as followic
1. The Contractor shall furnish all labor. materials, equipment, machinery, tools, apparatus. transportation
and any other items necessary to perform all of the work shown on and described in the Contract
Documents and shall do everything required by this Contract and the other Contract Documents
hereinafter referred rnus the Work.
I. The Contract Documents shall include this Contract, General Conditions tw the Contract, |f any. the
drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other
documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter
referred to as "Bid Documents") arid any documents to which those documents refer when 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 tobm performed under this Contract ons date w,6especified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject
to additions and deductions as provided in the Contract Documents and any properly approved, written
change d { WfUl looney of the United States, the amount of, �S,,11 MAT,, A-,,�
u�co' ��i
�� Thmaxpen«�/&fpn*/u,kmkor/a#u|mr~vrkynghoors.an*onSundayund}m��|hm||days»hu|}bo
included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the
Work be performed after regular working hours, In such event., the Respondent shall have no right to
additional compensation for such work. However, nothing contained herein shall authorize work on days
and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in
writing by the City,
6, If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a only certified arid approved schedule of values for the Work performed
during each calendar mouth by the Contractor, less the retainige (all as provided for in the Contract
Documents), which is to be withheld by she Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and
other costs incurred by the Contractor in connection with the construction of the Work have been paid in
full, and after compliance with the terms for payment provided for in the Contract Documents, final
payment on account of this Contract shall be made within sixty (60) calendar days after the completion by
the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner,
S. The Work shall bc completed iw9Doa6«mndmr,'���m�|n the event that the (�vn^rucuorshall fail cp
complete the Work within the time limit stipulated in die Contract Documents, or the extended time limit
agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents,
liquidated damages shall be paid hy the Contractor ,o the care oyJL {�W��KL- dNdQs��Riac'dd
ay, plus any
monies paid by the Owner to the Consultant, if any, for additional engineering and inspection services, if
any, associated with such delay,
Is
9\bis further mutually agreed between the parties hereto that if a Payment andlor Performance Bond
("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful
performance and payment. the City shall deem the Surety or Sureties upon such bond(s) to be
unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the
Work or payment om subcontractors and suppliers, the Contractor shall, «t its expense within five. (5)
business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in
such form and amount and with such Surety ur Sureties ws shall hc satisfactory to the City, |n such event,
nu further payment to the Contractor shall be deemed to be due under this Contract until such new or
additional security for the faithful performance of the Work is furnished in the manner and in the form
satisfactory cn the City,
10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of
the work, by appropriate action by the C4 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 hy the City or, iy the contract iu required tuhe approved by resolution nf the City Commission, then
the Effective Date |s the date uf the resolution approving the Contract whichever |x the later date,
IN WITNESS WHEREOF, the parties hereto have executed this Contract nn the day and date set fmnt
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,
Title of Signatory:
SiQnoconc Iig»uzuxe�
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved uxno Form, Language,
Legality, and Execution Thereof:
City Attorney
52
EXHIBIT 5
A—RTICLE 1– DEFINITIONS
Whenever used inthese General Conditions or in the other Contract Documents, the following terms shall have
the meaning indicated, These definitions shall always apply when the section of the Contract specifically
chis Article for the purpose of interpreting a word or group of words in that section of the Contrast Document.
However, when the section ,Y the Contract, where she word tobw defined is used, does not specifically refers rn
this Article to define the word or group of words, the definitions contained ill this Article shall not apply unless
the word or group of wm ds, in the context of it or their use in the Contract Document in question, islare
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision o(a Contract Document if that specific provision contains » definition oY these terms:
Addendic 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.
Applisam9n forpaympl A form approved by the CONSULTANT, if any, or the City Manager which is to be used
hy the CONTRACTOR |n 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 robeperformed,
8bMmr. Any person, firm *r corporation subm|o|nQm response tn 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 uf documents and affidavits,
Biatc1s; Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and io accordance with the laws «d
the State ofFlorida.
[2oin��{lrt*r�A written order ,o the CONTRACTOR signed by the City Manager authorizing onaddition,
deletion or revision in the Work. oran adjustment in the Contract Pi ice or she Contract Time issued after
execution oi the Contract,
Work Ordel-Pri
oposals! 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 thereare multiple locations, and the timeframe for completing the work.
CITY: The City Manager for the City o( South Miami, *|3$ Sunset Drive, South Miami, FL33|43. unless the
context wherein the word u used should more appropriately mean the City nf South Miwmi-
1acaeruer:A* authorized representative uf the CONSULTANT, if any, mr otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR, The CONTRACTOR shall be notified in writing of the identity of this representative.
Cont–rapt [b)oxul, The Contract Documents shall include the Contract between the Owner and the
Conti-actor, other documents listed in the Contract and modifications issued after execution of the Contract as
well sz all Bid Documents including but not limited tn 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 *o the drawings issued prior tm execution nfthe
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications co any of the Contract Documents.
Ctm–trazt-Er–icp;, The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents,
Contract .[kc-c. The number a| calendar days stated |n the Contract for the completion of the Work,
Co tractingOfficer. The individual who ix authorized nm sign the contract doo/mmnmon behalf w/ the OWNER.
The person, firm or corporation with whom the OWNER has executed the Contract.
CO*dJL[ANI: The person identified ux the CONSULTANT |n the Supplementary Conditions or, ||none, then
CITY's designated representative as identified in the Supplementary Conditions.
Cbfy�A period vyo°e fo hours measured from the beginning of the day ac|I:*|a.n`. and i, shall bepresumed
cubem calendar day unless specifically designated aoa business day.
Thomas F. Pepe
is
Days: The number of twenty -four (24) hour periods following the event to which the word "days" refers
commencing at 12 :01 a,mr at the start of the next day. Therefore. in computing any period of time prescribed or,
allowed by the Contract Documents, the day of the ace, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall ruin until the end of the next business day that is
not a Saturday,. Sunday or legal holiday.
Defeciiv_e Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of
final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that
are not properly approved and authorized, any deficiency in the Work, amaterials 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,
D.awmgs; The drawings which show the character and Scope of the Work to be performed and which have beer)
prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and
are referred to in the Contract Documents.
Field Order, A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modifam Tory (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order
signed by both parties, (c) a written clarification or Interpretation if issued by the CONSULTANT in accordance
with paragraph 9.3 or fell a written order for nsinor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2, A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Non- cn_nfi r °mine W rf< means work that woes not conform to the Contract Documents and includes work that is
unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable Inspection, reference
standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or
work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by CITY).
'Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with
the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract
to him,
Nptice,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 r°un and on which CONTRACTOR shall start to perform its
obligations under the Contract Documents,
Pers_ot7:: An individual or legal entity..
Project.,, The entire construction operation being performed as delineated in the Contract Documents,
Poficyc 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 polity, including all endorsements.
RFP:.Request for Proposal.
Scope rfSeryices. This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Worfe unless the context in which the phase Is used clearly means otherwise.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOR, a Subcontractor, manufacturer, supplier, or, distributor, and which Illustrate the equipment,
material or some portion of the work and as requir "ad by the Contract Documents.
Sinop e5= Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
Specifications; Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment; construction systems,: standards and workmanship as applied to the Work.
Su
rjbcontrwavor An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Camplenon;. The date, as certified by the CONSULTANT, when the construction of the Project or a
certified part they eof is sufficiently completed, in accordance with the Contract Documents, so that the Project„ or
a substantial part, can be utilized for rare purposes for which it was intended without restriction or limitation to
any degree, other than for the repair of minor "punch list" "items: or if there be no such certification, the date
when final payment is due In accordance with paragraph 14,9. However, in no event shall the project or portion
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency, A certificate of Substantial Completion, Issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or Inaccurate Information, from any source,
Thomas F. Pepe
r2trodlols
M
of, when it would not have been issue but for the consideration of Work that is diereafter 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.
Sup kar, Any
jah-
person or organization who supplies materials or equipment for the Work, including the fabrication
vfan item, but who does not perform labor u, the site wf the Work,
&u r�� The individual vr entity who isanab||Xuron^ Bond and who |x bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project
\A/;lk Any and all obligations, duties and responsibilities necessary for the successful performance and completion
uy the Contract,
N4zdcg; The term ^'Nmdce^^am used herein shall mean and include all written notices, demands, instructions,
claims, approvals and d|wxppnovuh required to obtain compliance with Contract requirements, Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation For whom it is intended, or to an authorized representative of such individual, firm, or
corporation, of- if delivered at or sent by registered mail to the last known business address, Unless otherwise
stated in writing, any notice to or demand upon the OWNER under this Conti-act shall be delivered to the City
Manager and the CONSULTANT.
Awarck
I,| The CITY reserves the right mo reject any and all Bids, wt its sole discretion, Bids shall hmawarded
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 Docturients. The CITY reserves the tight 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, [if analyzing a Bid, the CITY may
also take into consideration alternate and unit prices, if requested by tile Bid forms, If the Contract is
awarded, the CrFY shall issue he Notice of Award and give the successful Bidder a Contract for
execution within ninety (V%) day after opening vfBids,
lI At least Four counterparts of the Contract, the Performance and Payment Bond, tile Certificates of
Insurance, the M"darwf Insurance if issued, the insurance Declaration puoe|f not included i" the Policy of
,`
/nsur�ce, the Policy of insurance ,wqni.�mWhy the Contract Dmcomrnq -the written notice ofdesignated
supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY within ten (10) calendar days of receipt of the Notice of Award, A Contract Document that
requires the signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart $* deemed «n original Contract Document,
23 Within ten (!O) calendar days o| being n �
Bond and zPuyn`wrs Bond nnotdnio&all the pnov��nso( the YwrKnnmonrBond and -'--'--���~~~
»^�hod� `----attached,
3J.( Each Bond shall hw|n the mmwon,nf one hundred percent (|80%)of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers. matef ial man, laborers, or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements u| Sections l3.4.l,33. and 2.3.6,
l3,2 Each Bond shall continue in effect for Five years after final completion and acceptance of the Work
with the liability eqva|"u one hundred percent (lO0%)of the Contract Sum.
l.33 Pursuant *n the requirements vy Session lj5,O5([), Florida Statuses, CONTRACTOR shall ensure
that the Bmnd(o) referenced above shall he recorded |n the public records vf Miami-Dade County
and provide CITY with evidence vf Such recording.
2,14 Each Bond roust be executed bya surety rompany authorized to do business in the State of Florida
as surety, having a resident agent if) the State vf Florida and having been |n business with urecord
ni successful continuous operation for a least five (5)yyar*L
Thomaysrmvm
W
2.I5 The surety company shall hold a current cerzmre of authority as acceptable surety nnfederal
bonds in accordance with the United States Department of Treasury Circular 570, current
,nv}x|onw,
23,6 The CITY shall only be required to accept a surety bond from a company with a rating A. Vil or
bmoer�
2,17 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds arid Insurance docurnents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited,
2A CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent uf the Conti act Documents, Work, locality, and with all |-
condi�:osand (ede,nLn$teaodlocal |aw+ordinance, ,u|esand rwCo!admnsthat ,nuyin any manner mMe`-
perk`rnunnc*nf the VVorkand rnpnssenothat |thas correlated its study and observations °/ixhthe
-`
requirements of the Contract Documents, CONTRACTOR also represents that it has studied all surveys
arid investigations, reports of subsurface arid latent physical conditions referred to in the specifications
arid made such additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data with
the requirements ny the Contract Documents,
[�uu&��g�U��;�{��uawct' Turn
m�
2,5 The Contract Time shall commence to run on the date stated in the Notice to Proceed,
ltu�dW�be.laopjasc
26 CONTRACTOR shall start to perform its obligations under the Contract Docurivents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined In Article 1), prior to
the date on which the Contract Time commences to run, except with the written consent of the CITY,
Babcoe-Staoving ��/gnzcuul�o:
IJ Before undertaking each part mY the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions, It shall at once i court in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover, Neither the OWNER nor the CONSULTANT shall be liable for any
list in, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict- error,
or discrepancy in the Drawings or Specifications nor, shall the CONTRACTOR be entitled to ally
compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error,
ur discrepancy io the Contract Documents,
Schedule
Car used;
2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule
indicating the starting arid 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)oa|nndm days wY its submittal, |f there |s more than one CONTRACTOR
involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided i// the Special Conditions,
19 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work wt the site, u pre-construction conference shall hw held nn 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 tire
Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives, CONTRACTOR add its Superintendent,
-Q-u-q of und 1uyle berm:
2, 10 Within five (5) business days after bid opening, che apparent lowest responsive and responsible Bidder
shall submit t^ the CITY and the CONSULTANT for acceptance a list wf the names wf8oh*wnwacvor`
and such other por d
von��nd�'�pn|z�w`s0nc|ud|ngthunawhoorenm6 �d
rnixhpr|n�itenaof-u,oriu|s
or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and
Thomas F.Pepe
0
other persons and organizations must be submitted as specified in the Contract Documents, Within
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person,
or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall
constitute an acceptance of such Subcontractor, person or organization, Acceptance of any such
Subcontractor, person or, organization shall not constitute a waiver of any right of the CITY or the
CONSULTANT to reject defective. Work, material or, equipment, or any Work, material or- equipment
not in conformance with the requirements of the Contract Documents.
111 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person nr organization listed, the apparent low Bidder may, prior nw Notice vfAwvurd
submit znuucwpsN«*uboim.taw/i,hm"xxn increase in bsbid yh«� '
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent emission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
tmbw used |n the performance oy the Work,
ARIKLE1--COMEL&TION, NIT PRE
AT 4DRINTON19f CONTRACT DOIZQMENT-5
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be conStcucred in
accordance with the Contract Documents, The Contract Documents comprise the entire Contract
between the OWNER and the CONTRACTOR, They mary be altered only by a modification as defined in
Article 1.
32 The Contract Documents are complementary; what is !|edfor by one is as bindingas if called for by all
the documents, If CONTRACTOR finds a conflict, error or discrepancy in Elie 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 maximurn benefit to
the Chonershall apply
33 The words "furn|sh^" and "furnish and |nstal|^'.'^/nstal|'`^ and °pr*vd*"w, words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for vmrv|ce°.
14 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 bo furnished and installed without change |* the Conti act Price, Such mixco||^nem/sitems
and sccmooh6«shall hwuf the same quality standards, including material, sw|~,Mn|chstrength, da-s
wa�h,and other upyUcoh|nch^ran,arixdcs^mvxp*dfiod for the o^^ioronn�poom",u/ which the
`'
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
installation, The above requirement /snot intended tw include major components not covered bywr
inferable from the Drawings and Specifications,
15 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall 6r installed or erected in accordance with the best practices nf the particular tr�de
3.6 The C{}mT%A{�'[>Kshall bw responsible for /nak|ngthe cmno*^vcdnnwf habitable st'uc'orenondwrthis
Contract /ainp,°nt and for making equipment and ub|i,yiosta||xd^ns properly pw/fb/m-the specified
function, |f the CONTRACTOR is prevented firvn` complying with this (iondue oo�he0nmvingso/-
3ped8cq�oos,zhoCC)MTRACT(]Rnh,|||mmedi�e|yovx|f/thc[{}�VS'L'ANTi*writin~of»uch
|imimzionobefrrmprncomding,v|thcon`tru«*i*n|nd/ma,em*herwthpyrwWewenis*s ~
17 Manufacturer's literature. when referenced, shall be dated and numbered and is intended to establish the
minimum rwq,iremenxs acceptable, Whenever reference is given ov codes, or standard specifications vr
other data published hyregulating agencies oruccmoodor��niz,doo4indud|og but not |imim.dzn
Mazbnm|8mc,,icn|{�od*.applicable State Building �Code, Florida Building Code, Federal Sppcifica`|m`s
ASTMSped�cu�nn� various inwi`omeupe�Mooivno.and the like, � shall teu*dmm000d that such
`
reference is to the latest edition including addenda in effect on the date of the Bid.
3,8 Brand naines 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 drat is similar and equal
in type, quality, size, capacity, composition, finish, color and other applicable characteristics no the material
or product specified hy trade name, and that io suitable for the same use capable wf performing the same
Thomas F.Pepe
M
function, inthe opinion vf the CONSULTANT, ms the material of, product s* specified, Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated inthe
Work. (When u brand name, number, model number, or other }dendficmjon,iu used without the
phrase "or equa/'. the CONTRACTOR shall use the brand, make and model spwc|fiod),
19 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, In the event that there is a conflict between of- among the
Contract Documents, only the latest version shaf apply and the latest version of the Contract
Documents, The CONSULTANT shall use the following list of Contract Documents as a guide. These
documents are set forth below in the order of their precedence so that all the documents listed above a
given document should have precedence ovei if the documents listed below it,
(u) Change Orders
(b) Ammndmwns/adJmoda,mContract
(,) Supplementary Conditions, ifany
(d) Contract with all Exhibits thereto
(n)
General Conditions
(M
Written o,figu,nddimensions
(Q) Scu|^ddim«nn|m`s
(N Drawings wfalarger scale
Of Drawings rfoonm]hrscale
(i) Drawings and Specifications are "wbw considered rnnp!mmnnmrytu each other
Ave Wass LhMciff U-mcls:
4.1 The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to
be done, rights-of-way for access thereto, and such other lands which are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by the OWNER, unless otherwise specified in the Contract Documents, Other
access to such lands or rights-of-way, for, the CONTRACTORS convenience shall be the responsibility of
the CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may ha required for
temporary construction facilities nr storage of material arid eQu|pmenc
+2 The CITY will, upon request, furnish no the Bidders, copies of all available boundary surveys and
subsurface tests atnncost,
43 The CONTRACTOR arknowledges; that he has investigated prior to bidding arid satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal, handling and storage of materials, availability of labor, water, electric power, roads and
uncertainties of weather, river stages, udes, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character- of equipment and facilities needed preliminary
to and during prosecution of the Work, The CONTRACTOR further acknowledges that he has satisfied
himself as to the character, quillity and quantity of surface and subsurface materials or obstacles to be
encountered insisfar as this information is reasonably ascertainable from an inspection of the site,
including all exploratory work done by the OWNER/ CONSULTANT mn the site or any contiguous dtm
ms*/e||axhnn�/n6,/�mxhon presented by the Drxv°|n��and &pac|fica�onsmade ya,zn[ this ��oot/�c+mr`
any other information made available ooir prior on receipt ^y bids. Any failure by the CONTRACTOR u:
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
co"c/uuionoo,,|"terpnmxationsmadmby^hoC{tWTR/\CTORmn,hwhnsisnfthe|n(ormationmade
available ty the OWNER/ CONSULTANT.
Thomas F. Pepe
In
4.4 The CONTRACTOR shall within H0 hours of its discovery, and before such conditions are
disturbed, notify the CITY m writing, nt
4A.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and
4.41 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered slid generally inherent in Work of the character provided for in this
Contract The CITY shall promptly investigate the conditions, and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of. or the time required for, performance of any part of the Work under this Contract, an
equitable adjustment shall bo made and the Contract modified io writing aconrJ|ndy
+l Nodoimnf the C(]MTK8��TDRunder this dxuvezhuUhe^Uovved unless the /�(]ATKA[� &has �ven
the nmdcarequired io4.4 above; provided, however, the .|n,eprescribed therefore may bm�~xcodmdhy
dhe��|TY.ku,nv|yifdnnoinvvridnJd8nedhythe��{,yMuna#zrorb,a(�[)%QULT8NT, ^~
JNSI.MANIJE_Contractor shall comply with the insurance requirements set forth in the
Supplementary Conditions oo the Contract,
6,1 The CONTRACTOR shall supervise and direct the Work, It shall bu solely responsible for the means,
methods, techniques, sequences and procedures of construction, The CONTRACTOR shall employ and
maintain ? qualified supervisor or superintendent (hore|naftmrrwferrwdtozs°—S" � i --` at
the Work
site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the drine required by the Contract, as the CONTRACTOR'S representative at the
site. The Supervisor urun designated shall have full authority to act nn behalf of the CONTRACTOR and
all communications given to the Supervisor shall be as binding as if given to Elie CONTRACTOR, The
Superveor(s) shall be present at each site at all times as required to Pat form adequate supervision and
coordination o| tile Work, (Copies ny written communications given ,othe Supervisor shall be mailed on
the CONTRACTOR'S hwnewMce).
8,1,1 The CONTRACTOR shall keep one record copy oY all Specifications, Drawings, /\dduodu
Modifications and Shop D/a`winQxa, the dteat all dmw,and in good order and annotated ^ushow
all charges made during the cwnxnuc,|mnprmcmo^ These shall braw^ibh|wnw the C0��S~^T&mT
and any OTYRnprmsenq�vestall reasonable dn�cs/i xc�°A�8ii°d | `~
� set ^"t ,a~n���^,°e|/usthe
original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annmmu|"n*
ohd|hm made available oo the ri,yut all ti"`e�and iz shall bo delivered to the (�|TTupon
'
completion of the Project.
62 The CONTRACTOR shall provide competent, suitably qualified personnel nz lay out the Work and
perform construction oormqui,adhythe Contract Documents, |, shall m^ all ounce maintain good
discipline and order ut the site.
0.3 The CONTRACTOR shall furbish all mntwria|sequipment, /ubmr.t/an»pvrmhvncnnutrvcdnnequipm°nt
and machinery, tools, appliances, fud.power, light, �o,local telephone, water and sanitary facilities oo*
all other faci||desand |nddenoa|»necessary for the oxecuxun.,eodn�|o|da|npensivnand com�edo—of
the Work.
''
6'4 All materials and equipment shall be new, except as otherwise provided in the Contract
Documents. When Spedal 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 theiroriginal
packages or containers with seals unbroken and labels intact
6.5 All materials and equipment shall bc applied, installed, connected, erected, used, cleaned and conditioned
|o accordance with the instructions nf the applicable manufacturer, fabricator, nrprncexsors except mo
otherwise provided in the /�nntructDocuments,
'
Woyk,_K,aqqnafsJ in nt pr
thattspo us
6A Materials, equipment and products incorporated if) the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall subinit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
cleterrame their acceptability and obtain their approval, within ninety (90) calendar days after award of
Thomas F.Pepe
12110120 15
59
Contract unless otherwise stipulated |nthe Special Conditions. Nn request for payment for "or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT,
&.6,| Whenever, a material, article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function shall b* considered. The CONTRACTOR ma mund
the sukvdn/Jonofn material, addc,nrpiece ofwquiyn`entaf equal substance and 'for
those r�errwdnnin the ��wnt,ac, Documents hr reference cwhad ooa|''`�-'
brand og^xmhcrand
i�in the opinion nf the C(}NSU[[AAT,such '^noria[an:ida.or piece ofaqu|�rnent|xu/equal
substance arid function wo that specified, the CONSULTANT may approve its 'substitution and use
byd'mCCNTKA(]}N, |nddm�tx|vk^o�c* or extra parts required
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
661 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall bo the judge n!quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension nf construction hire,
6,6.4 Should any Work or materials, equipment or products not conform to requirements of the
Drawings and Specifications or becorre damaged during the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged hy such a|xeobnno
at any �"mbefore compi*d �
*nxnduccapta"oemyxh�prmiu�A/|uuchvVnrkuho||bwdooemcthr^
expense a| the CONTRACTOR,
&63 r$n materials or Supplies for the Work shall hn purchased hy the CONTRACTOR nrany
Subcontractor subject to any chattel mortgage m/ under a conditional sale v, other agreement by
which uo interest is retained by the Seller. The CONTRACTOR warrants that they have good
title «n all materials and supplies used b/ them in the Work,
G66 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements or conform to the
plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within five (5) business days by the CONTRACTOR at his own expense and redefivered and/or
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as abandoned and the CITY shall have the right to dispose of them as its own property
and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind
for said goods, Rejection for non-connormance or failure to meet delivery schedules may result in
the CONTRACTOR being found |ndefault,
«&7 !n case od default by the CONTRACTOR, the City of South Miami may procure the aniclesor
services from other sources and field the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6,6.8 The CITY reserves the right, it) the event the CONTRACTOR cannot provide uni,ew(s)or
service(s) in a timely manner- as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent cf the Contract,
6,7 The CONTRACTOR shall not employ any Subcontractor,
doing 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 6,8 The CONTRACTOR shall b fully responsible
for all acts and omissions of its Subcontractors and vf
persons and organizations directly or indirectly employed by it arid of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions uf persons directly employed b/them, Nothing |n the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontracuor or other person or
organization having a direct contract with CONTRACTOR, nor shall it creace any obligation on the part
of OWNER or CONSULTANT to Pay or to see to payment of any subcontractor or other pet-son or
organization, except as may otherwise be required by law, CITY or CONSULTANT may furnish to any
Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to
the CONTRACTOR mn account af specified Work done |n accordance with the schedule values.
In
69 The divisions arid 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.
61O The CONTRACTOR agrees ,o bind specifically every Subcontractor to the applicable ,*nnsand
conditions of the Contract Documents for the benefit wf the OWNER,
6J| 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
menan{y0od upon their Work,
6,!1/ The CONTRACTOR shall Cause appropriate provisions tnhw inserted |n all subcontracts relative
to the Work to hind Subcontractors to the CONTRACTOR by the terms of these General
Conditions arid other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power asregards tvmxrmi""dngmny subcontract that the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents,
6,12,2 The CITY or CONSULTANT will fact undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors,
& 123 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent *, otherwise unsatisfactory. they shall be promptly replaced by the CONTRACTOR
if and when directed h, the CONSULTANT |pwriting,
6.|lAUixcr|m|nuduwNoauion shall hetaken hy the any subcontractor with regard vn the &/|$nnontmfthe
terms of the subcontract, including the hiring and retention of employees for the performance of Work
that would discriminate against any person vn the basis of race, color, creed, religion, national origin, son
age, sexual orientation, b/n|||uixozuour disability, This px'�^g,nphshall benadea part ofthe
'
subcontractor's contract with the Contractor.
Pate :
6,13 The CONTRACTOR shall pay all license fees and royalties and assurne all costs incident to the use of any
invention, design, process or device which .s the subject uY patent rights nr copyrights held byurho/sHm
shall |nden�nifyand hold harmless the Cm�WER,ndthe ��<}xjDULTANTand anyone 0|,�ecdyorindir�cdy
employed by either cJ them Aruma8a|noall claims, damages, losses and expenses (indud|n%a,u/r"ey'`
0es)o^iomOout of any !nNngemantnf such rights during m, after the completion vy the Vvor�and o°w||
defend all such ck|mz|ncon^enWon with any alleged io�in0on�antnY� such r�htx �'
6�|4 The /��3NTN,\[TC)Kshall 6oreopnnsiWe for de,oro`io|ngthe application nf parent and/mr royalty rights
as to any materials, appliances, articles or systems prior to bidding. However, lie shall not be responsible
for such determination on systems which count involve purchase by them of materials, appliances and
articles,
Persons;
6,15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of tile Work, which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions, there will be no charges to the CONTRACTOR, The CITY shall assist the
CONTRACTOR, when necessary, in obtaining such perints and licenses, The CONTRACTOR shall also
pay all public utility charges,
Electrical Power, and, Lighmur.
RJR Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it, This sio-vice shall be installed by a qualified electrical Contractor approved by the
CONSULTANT, Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for safety. mutrv*xornry power shall bm
used off temporary lighting lines without specific approval w( the CONTRACTOR-
Laws
6A7 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to
the Work, w the CONTRACTOR observes that the Specifications orDmwiwgsaruux variance therm°id`
i, shall give the C[>NSULTAMTp/�mn`p:v,dt"onnndcerherew�and any necessary dha�.Qe`shall ha �
adjusted byuo appropriate modification. |y the CONTRACTOR performs any Work knowing itonbc
Thomas p.Pepe
a
contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT,
it shall bear all costs ariong there frorn| however, it shall not be its primary responsibility to make certain
that the Drawings and Specifications are )n accordance with such laws, ord|^xnos.rules and r**v|udony
Pb�z ,
6.17A No action shall be taken by the Contractor with regard to the futfilment of the terms of the Cnntnoz,
Including the hiring and retention of employees for the performance of Work that Would discriminate
against any person on the basis vf race, color, creed, religion, national nh gin, sex, age, sexual nriw*tst|mn
�m|Ua|status ordisability.
`
6,|8 Cost efall applicable sales, consumer use, and other taxes fast which the CONTRACTOR |s liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Sampy-uxdl±otteLbou:
&}9The CONTRACTOR shall be responsible foi initiating, maintaining and supervising all safety precautions
and programs in connection with the Work, They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss tor
&|9A All employees and other persons, who may he affected thereby,
6,191 All the Work and all materials or equipment to be incorporated therein, whether in storage on or
off the site, and
6,19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course mfconstruction,
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duq'
sha|lbetheprwveodvno[ucddmnrs.Thi*pmrsundhd/be the CONTRACTOR'S Superintendent unless
otherwise designated |n writing hy the CONTRACTOR ux the CITY,
6r2i |n emergencies affecting the safety vf persons a, the Work nr property at the site ^r adjacent ,he/eto
the <�{)NTRACTDN.,,|thovcupodn|insuucdonor authorization from the /�{)�iSviT8NTnrOTT�s
obligated touctot his d|scre�o,`pn prevent d.remonmdUunm�x.injury or|,ss,Hm shall give the
^�
CONSULTANT prompt written notice vf any dgnificanE changes |n the Work or, deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control entities him to an increase in the Contract
Price or an extension of the Conti-act Time, he may make a claim cherefore as provided in Articles I I and
|Z`
6,22 After checking and verifying all field measurements, the CONTRACTOR shall smannit to the
CONSULTANT for reView, in accordance with the accepted schedule of shop drawing submissions, six
(6) copies (or at the CONSULTANT option, onereproducible copy) of all Shop Drawings, which shall
have been checked by and stamped with the approval of the CONTRACTOR, The Shop Drawings shall
be numbered and identified as the CONSULTANT inay, require. The data shown on the Shop Drawings
shall be complete with respect to dimensions, design critin is, materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation,
613 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 Conti-act 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,
&24 At the time of each submission, the CONTRACTOR shall notrly the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents,
615 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents, The review of a separate item as such will not indicate
review of the assembly in which the items functions, The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corl acted copies of Shop
Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to
Thomas F. Pepe
62
Shop Drawings `hocmmil:conNctwtheachsuhwbxi*onrrm-vuhm|osion.TheCC>WTR*CTQR3oamp
py approval nn any Shop Drawings or sample shall constitute representation no the CITY and the
CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, d|mw,don
�w|dconstruction cri^oriamaterials, c�a|n&numbers and similar data or they aovn`efull rwnpons|hiUty'
for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements w( the Work and the Contract Documents.
6r26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
beerr reviewed and approved in writing by the CONSULTANT, A copy of each Shop Drawing and each
approved sample shall be kept in good order, a) a book or binder, in chronological order or in such other
order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available
on the CONSULTANT.
617 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements py the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, i" writing, co each deviation at the time w|
submission and the CONSULTANT has given written a vn|outhem*ad0cdo/ixdnn^norsh»||any
rm/n°by the C��mS\/(J�\NTrelieve �he(�QNTK�\(���K from responsibility for errors or, omissions |n
the Shop Drawings mrsamples,
$17A The CONTRACTOR shall he liable ^`the OWNER for any additional cost or delay that |o caused byits
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
co errors i^ the Shop Drawings orsamples.
CI
6,28 The CONTRACTOR shall clean up behind the Work as muchas is reasonably possible as the Work
progresses, Upon completion of the Work, and before acceptance of final payment for the Project by the
OWNER, the CONTRACTOR shall remove all his surplus slid discarded materials, excavated material
and rubbish as well us all other material and equipment that does not form a part wy the Work, from the
property, roadways, d |i
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further e--n~-^-h.~WN~,.^.`"^e^""',p..w/tw.",ccupm`cyanonmunm/,nnc,reaxp*operQ^bw*h
public and private, which has been disturbed mr damaged during the prosecution W the Work so as to
leave the whole Work and Work Site ina near 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 toin paragraph &,I0 and charge the cost oo the CONTRACTOR,
P�ubliq.�:on
63Q The CONTRACTOR shall. ut all times, conduct the Work in such a manner autu insure the least
practicable obstruction to public travel, The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent xu the Work, |n
u conspicuous position, xt such locations as traffic demands, /\, any time that streets are required t*bm
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City *fSouth
Miami Police Department before the street is closed and again as soon as|ris opened. Access uxfio:
hydrants and other fire extinguishing equipment shall be provided and maintained at ail times,
San����
6.31 The CONTRACTOR shall provide on-site dfica.and necessary toilet facilities, secluded {rumpublic
observation, for use of all personnel on the Work Site, whother or not in his ernploy, They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having juradiction 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,
[title rinnification
6,32 Contractor shall comply with the indemnification requirements set forth in the REP and in EXHIBIT 2 of
the Supplementary Conditions (insurance and indumni8cndwn `u |
6,33 !" the event chat any action or proceeding iu brought against —OWNER c.--� CONSULTANT by reason af
any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory to CITY, The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and
Thom" aPepe
a
all claims of liability and all suits arid actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those claims that allege that the injurie's arose out Of the
sole negligence of OWNER or CONSULTANT,
6.34 The obligations
damage, CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the fulure to
give directions or instructions by the CONSULTANT, its agents or employees pi corded such act or
omission is the primary cause of injury or
��AA �^d chn(mr��ivg indemnQcabvnp�s|unwu
� ||survive the term oY the Contract uo which these
General Conditions are a part Indemnification shall not exceed an amount equal to the total value of all
insurance coverage required by Section l|mY this document. Indemnification in limited cn damages caused
io whole or|n part by any act, omission, ur default of the Contractor, the Contractor's subcontractors,
by the negligence, rwcWcxsn*^p.orin,w.`z}un«|*/ron��u|n�|ucondoo,«6 the indemnifying pamyand ymroo°s
employed nru*|bwdby the mdmmnifyingparty in the performance uf the roomrundwwnonuao. '^
try -cy
6.35 it shall be the responsibility of the CONTRACTOR to concert its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings and
Specification, to provide a complete installation,
636 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of-
ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be
done in accordance with requirements of the special conditions, The OWNER will be responsible for
obtaining all perress necessary for the Work desci,itied in this paragraph 6,36, Upon completion of the
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, froul the proper
authorities, stating that the Work has been done in accordance with their requirements,
6,36,1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements,
6,36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement,
storm drainage structures, and other items which must be established by governmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently early
in the construction period to preventany adverse effect on the prefect.
Coo ro
6,37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public ca; riers, service companies and corporations (hereinafter referred to
as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
etc., including incidental structures connected therewith, that are encountered in the Work in order that
such items are properly shored, supported and protected. that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires ric relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third par-ties for their
63Blhe attention b called wthe fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
Moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parries inevery
way possible, uuthat the construction can ba completed in the least possible dm+
,
6,37.l The CONTRACTOR shall have made itself brn|ur with * || �od mx.laws, ordinances, and
regulations which |n any manner affect those engaged *r employed |p the Work, or materials arid
equipment use i"mr upon the Work, orin any way affect the conduct nf the Work, and no plea *f
misunderstanding will b* considered vn account u| damage m delay caused hy his ignorance
rhmrwuf.
!Jug-Pr—:uomsxs:
638 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen *xthe
limits indicated hy law, ordinances, permits and directions of CONSULTANT and CITY, arid shall not
unnecessarily encumber any part of the site or any areas off site.
Thomas p,Pepe
1211 Ocal 15
M
6,3R| CONTRACTOR shall not overload nrpermit any part of any structure cpba loaded with Such
weight m: will endanger its safety, nor shall it subject any work mz stresses or pressures that will
endanger it.
6381 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER "s well as their, instructions with regard to signs, advertisements. fires and smoking,
6.}G3 CONTRACTOR shall arrange and cooperate with CITY i* routing and parking oy automobiles of
its employees. subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come \v the Project site,
&J0/1 The City will designate specific areas o" the site for storage, parking, etc, and the iu6site 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 befurnished
in strict accordance with exisuriggoverning regulations. Field offices shall include telephone
6,38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereod, trees and shrubbery. not indicated on the Drawings
or noted in the Specifications as being removed or aftered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract,
I| The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar tothese, The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWNER, if it is performing the additional
Work itselfl, seasonable opportunity for the introduction and storage of materials and equipment and the
execution uf Work, and shall properly connect and coordinate its Work with thn|m
7.2 /f any parmf,|`m��(�NTKALT�JR'S�V*rk depends upon proper mxmcudon*r results o, the Work nfany
other convaccor or the OWNER, the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficiencres in such Work that tender it unsurrable for the CONTRACTOR's
Work,
7.3 The CONTRACTOR shall do all cutting, fitting and patching mf the Work that may bn required x
to make
uke |#oovmra|yurtscnmwtoQecharprwpm'lyandfittnrerm|v*orkereceivadbysochothor'`r~The C3wT8&CT0Kdhu|nnto`dunQoronyVorknfnd`orobycutz|nCmnca'ubnxo/md`c^i'°"'~ r|n%tkm
ir Ynrkondohu!/nniycutora{"xrthnirVos k with the written oonsmn, of the CONSULTANT and ofthe
other contractor whose work will hnaffected.
7A If the performance of additional Work by other contractors or the OWNER is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the OWNER mr others will cause the CONTRACTOR
additional expense or entities him to an extension of the Contract Time, fie may make a clairn therefore
ms provided io Articles !| and /l
73 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 nf such other separate contractors ax directed by them. Where such chases, dnuou�
are imynxc§cab/m.the YYnrkshall require specific apprn,duf the {�(]NSQiT/\NT, ' �
76 Necessary chases, slots, and holes not built or left bythe CONTRACTOR shall bo cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR, The CONTRACTOR shall
dr all patching and 0nihi <,h ,koy 6
^..u" �nw w�mrcnncmcnurswm*/pu"cot uy them and such patching
and finishing shall hea, the expense o(CONTRACTOR
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 m order xo prevent delay Un the execution thereof
T8 Each x{ several contractors working oo the Project Site shall keep themselves informed nf the progress of
the work of other contractors, Should lack of progress or defective workmanship on the part of other
Thomas *,Pepe
f 2110120 15
M
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 contracto's as being
satisfactory for proper coordination of own Work,
79 The cost m( extra Work resulting tmm lack nf notice, d | failure *o respond ^wnotice,
Defective Work mr lack nf coordination shall be the CONT'[TOK`ocost.
7,10 The CITY reserves the right in the event the CONTRACTOR cannot provide all |nmmbdnrsw"/icm(x)|nx
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 nf the Contract,
K! The CITY will issue all communications to the CONTRACTOR through the CONSULTANT,
(ll In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall he that of the former CONSULTANT,
8.3 The CITY shall promptly furnish the data required o( them under the Contract Ducumeno
8�� The ��|TTSdud,s|n,�m»pnocnu providing lands and easements are set ymmh|w Paragraphs ~| and 4I
8�5 The OTYshall have the right tm take possession mf and use any completed mrpmrbaoynom°|emod��
poo|vnonf the VVnrk.nnm�thoondin$the fact that the �mefor comp|nd"g the *n6rmVYm`knrany
portion thereof may not have expired; but such taking possession slid use shall not be deemed an
acceptance of any Work not completed m accordance with the Contract Documents,
9,1 The CONSULTANT shall be. the CITY'S representative during the construction period, The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articles I through 16 of these General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT,
9,1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms
of the Contract Docurnents.
9�|3 Except xo may ba otherwise provided |othis contract, all |i counterclaims, other
o,axnso/nquox6un between the [O`Yand the (�(�NSJL77\NTaddoCout ofor,�|xr|ng to |;
(�mntrac,nr the breach ckeroo�shall bmdaddmd|na court ufcompetent jurisdiction
Smn*.|R*6da. ~ ^''^
Visbstu'&pm:
12 The CONSULTANT shall provide m inspector m make periodic visits w the site nt each phase of
cnomrucdmh*o observe the progress and qua|b7vf the oxe�medVYurkand tmd�enn�m'� the Work iv
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 |sin compliance with
the Construction Documents and applicable laws, rules and regulations. Qn the basis of these *n Site-
observations asunempmrimncmdanOqua||0eddwdQnpm0sssmcihm,hd|ke*pd`e[|TYinh`rmadrfd`m
progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of
CONTRACTOR.
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications minterpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
shall he consistent with, wr reasonably inferable 0`om. the overall intent nf the Contract [)nnumnn,s|f
the C(}mTA8(�TC)Kseeks un|/`urmanmin the ��murzctPrice or extension uf Con�aurlOmubased ~nu
*rimeoc|ari0c"**nand/or in,°rp,pmdno.i:ohg|bo required tu submit admm|rdn|mus provided i`
Articles I I and 11
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according rmthe
United States Standard Measures. All 'mear surface measurements shall ba made horizontally orvertically
as required by the item measured,
Thomas sPepe
in
%5 The CONSULTANT shall have authority to disapprove of, reject Work that is "Defective Work" as
defined in Article I It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided, In the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections andlor testing shall be
approved in writing by the CITY, All consequential cost of such inspections and testing including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others,
the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work,
9.6 in connection with the CONSULTANT responsibility uu,n Shop DruwjnQxa^d samples, see paragraphs
6.25 through 6,28, inclusive.
9.7 |n connection with the C(3MSWLT4NT`x responsibility for Change Orders see Articles |0|| and /l
9�V |n connection with d�.wC()MSVLTANTraxpnn*iN||d*sv^iUh respect to the �\pplirx�mnhv,'Pa°,m*nL etc,,
see Article 14.
Decisions on_Qcajg_qeTgpts,.
9.10 The CONSULTANT shall be the initial interpreter oy the Construction Documents,
Limitations on Consultant's Res sibi
9.11 The CONSULTANT will not be responsible for the constructron means, methods, techniques, sequences
or procedures, or the safety precautions arid programs incident thereto,
9,12 The CONSULTANT will not be responsible for the acts of- omissions of the CONTRACTOR, or any
Subcontractors, orany of theiragent servants or employees, or any other person performing any of the
Work under or through them,
|(l< Without invalidating the Contract, the CITY may, at any time or fronn urne to time, order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change
Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work
involved, All such Work shall be performed under the applicable conditions of the Contract
Documents, If any authorized written Change Order causes an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as
provided Wn Article i|o. Article !2,K written Change Order v{ »` dbythaC/TYundrhe
CnNTR/\CT0Windicates their ag�mmmntto the terms cf the °Change. (Jr1y', All Change Orders shall
be certified by the CONSULTANTas to the appropriateness and value of the change in the Work as well
usuz any change inthe time nn complete the Work under the circumstances, The failure nv include u
time extension in the Change Order or in the request for a change order shall result in a waiver of any
extension of time due to the change in the work as reflected in the Change Order,
M2 The CONSULTANT may authorize minor changes car alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for uformal
written Change Order provided the CONTRACTOR does not request additional time of- additional
compensation, These may be accomplished by a written Field Order, If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Field Order would entities the
CONTRACTOR to an increase in the Conti-act 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 $ written proposal for Change Order within four (4) days therm0fturotherwise
the C(}NTKACTOKshall ha deemed ,n have waived such duim, `
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in
the case nf an emergency *s provided |npora |a22mndmuca»taxprox|dedinparngyup|/|�2
|0.4 The 0TYwill execute appropriate Change -d�/�xprepared hy the C(?MSWLTANTcovering c~^nYe»m
die VVn,k.ozbepe,fwrmed*s provided in paragraph 4 4' and VVorkp*rk/n~ad|''nnnme�*oc`~s
provided inpu,n�nph6,l2 and any other du|o,mf the Cc>NT8KCT[>Mfor a change io the '~Time
or,bcCnnuacc Price which i» approved by the ��<�;�SULT/\NT, Contract
10,5 itis the CONTRACTOR'S responsibility m> notify its Surety of any changes affecting the general Scope of
the Work of- change in the Contract Price or Contract Tirne and the atuCuuE of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such u" adjustment cw the C|TY
Thomas F,Pepe
67
before commencennent of the Change Order Work, The Work shall be stopped until the
CONTRACTOR provides such pnncfmYmdjumman,|nd`e@o"damnu,uu"d«nynuchdob"uh�/hu
w
c� gmdno the C(}MTM,�CT{)R, �
i|A The Contract Price constitutes the total compensation payable the
the vVork,�W|dude�r*spnnuibi|ideyand pM��konoxo,�nadnmpr^nHenmom-'-��~��-~�����*
-' the CONTRACTOR
shall
|beac|expeuwov0d`nut changing the Contract Price,
11.2 The CITY may, at any time, without written notice to the sureties, by written order- designated or
indicated tubeu Change Order, make any change in the Work within the general scope m( the Cmnt,act
|ndudinKbut not Wn,tmdro changes w,n,in:
'
|/,1{ Specifications Vndud|o%drnw|ngs and demgnd;
||ll Method wr manner nf performance vf the Work,
11I3 CITY-furnished facilities, equipment, materials, services, ar site; wr
1|.Z.4 Acceleration in the performance of the Work.
11.3 Except as provided in this section, or sections referred to in this section, no order,
statement,
or rconduct
of the CITY shall be created 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,
IIA When a Change Order is issued by tile CONSULTANT and signed by the CITY or, issued by the CITY in
writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with
the dollar amount uf the Change Order. J any Change {, der 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 u timely agreement, an equitable
adjustment based on the cost of the Work shall be made and the Contract roodified accroclingly.
11,5 |f the CONTRACTOR intends to assert claim for an equitable adjustment or contest the equitable
adjustment made hy she CONSULTANT, |t shall, within ten (|0)ouimndardays after recw|p«0/uwritten
Change Order, submit cwthe CITY and CONSULTANT m written notice including ustatement setting
forth the general natureand monetary extent of such claim for equitable adjustment, time extension
requested and supporting data, |pdetermining the cost o/ the Change Order, the costs shall b* limited co
those listed in section }|.7 and |}'&.
1 L6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if ?lot submitted
in accordance with this section *ri/ asserted after final payment under this Contract.
Con,r�tPrice shall b"dotnr"oinedin one */ the following m'uys: ~
|LT/8y negotiated lump sum,
!!72{>n the basis uf the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not no exceed
15%, If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable
costs, the CONTRACT shall provide a list of all costs together with backup documentation
1 L8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
uo|n writing by CITY, such costs shall hm ill amounts nnhigher than those prevailing inMisn}'Dnde
County and shall include only tile following items:
/|�&| Payroll costs for employees |o the direct employ mf CONTRACTOR in the performance ofthe
Work described {n the Change Order under schedules nyiobclassifications agreed upon 67CITY
and CONTRACTOR, Payroll Costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment. excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto, Such employees shall
include superintendents and foremen at the site, The expenses of perfor,ming Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
CITY and provided it was not in any way, whether- 4r whole or in part the result of the fault of the
CONTRACTOR due ,o negligence f the CONTRACTOR or those acting bynr through him nr
due |" whole or |n part *o Defective Work wf the CONTRACTOR,
||,81 Cost "f all materials and e@u|pment8^n`bheJ and incorporated in she Work, including costs of
nnnspvru*n"and suwr8g�and ma`u#.ourco'Oe|dnrr�cmsrequired |nuon,ec�ro
IV 1012015
�»°m.a,p�p*pe
mm
therewith. The CONTRACTOR shall notify the CITY o( all ca»h discounts that are available and
offer the CITY the opportunity to deposit funds with the CONTRACTOR for tile payment for
items that offer a discount, Cash discounts shall accrue to CONTRACTOR unless the
CONTRACTOR fails rm timely notify the CITY my the discounts rrif"hm()VVNERdep*dmYundo
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 co OWNER, and CONTRACTOR shall make
provisions so that they may bwobtained.
11,83 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors, If required by CITY, CONTRACTOR shall obtain competitive bids from
Suhonounc,mrs acceptable to him and shall deliver such bids wo CITY who will then determine,
with the advice o( the CONSULTANT, which Bids will ho accepted, Wo subcontract shall bma
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
cleterrinined in accordance this section 11 .8 and in such case the word "Subcontracuor" shall be
substituted Yn. the word ^'C<]NTR/\CT[)8°.
1 LEA Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whetherrented from CONTRACTOR or others ln 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^o longer necessary fbr the Work.
||�&S Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
hy 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,
|!.&J Tile cost mf utilities, fuel and sanitary facilities m, the site.
11 R,8 Minor expenses such as telegram& long distance telephone calls, telephone service at the site,
expressage and similar petty cash items |n connection with the Work.
11.8A Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, nor to exceed two percent (3%)of the increase i^ the Cost v( the Work.
||3 The term Cost nf the Work shall NOT include any of the following
1 13A Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general rinaragers, engineers, architects, estimators, lawyers,
agents, expediters, timelceepers, 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.
(!,V1 Expenses o/ CONTRACTOR'S principal and branch offices other than its office x, the s|,n
|!,9�� Any part oy{�C)mTRACTL}K'Snupim|oxpeosesindud|nQinrerw^tun/�{)NTRa�TC>R'I� im|
' oep
employed for the YVnrkand chxq�s�ain#[C)NTKACT(]Rfor dginquen« —
||,9�� [�mxtpf premiums for d|bonds and for d{insurance pw||desw|`ezhern, not r`----CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided |n Subparagraph }},W,9L
10\I Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly ernployed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction u( defective work, disposal of materials *r equipment wrongly supplied
and making good any damage on property,
i|,96 Other overhead or, general expense costs nf any kind and the costs ny any item not specifically
and exist eoJy included fn Paragraph |i&
|L|0 The CONTRACTOR'S fee which shall b~ allowed rn CONTRACTOR for its overhead and profit shall bm
dotenninndu,follows:
HA0.1 A mutually acceptable firm fixed price; or if rione can be agreed upon.
(!A828 mutually acceptable fixed percentage (not cv exceed |5%),
i|,|( The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
matter us provided |n||A. When both additions and credits are involved in any one chuc��the net
shu|bmc"mpp,mdun|nc|udwnvarhoadondPnofi�|dendVeduwpa'aua|y,k,,bod`add|dnnszn�crmd|t/
TboaaF, Pepe
a
provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not
LIQU
|l| Time isu/ the essence ou this contract and the date v( beginning and the time for completion n| the Work
are essential conditions of the Contract, Therefore, the Work shall be commenced on the date specified
|n the Notice nm Proceed and completed within the time specified for completion uf the work,
|2.2 The CONTRACTOR shall proceed with the Work ut such rate °f progress wn ensure full completion
within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR
and the OWNER, that the Contract Time for the completion of the Work described herein is a
reasonable time, taking into consideration the average climatic and economic conditions and other factor's
prevailing in the locality of the Work, No extension of time shall be granted due renditions chat the
Contractor- knew of or should have known of before bidding on the project or due to inclement weather,
except as provided in section 123.
123 If the CONTRACTOR shall fail to complete the Work within the Conti-act Time, or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the OWNER the arnount of liquidated
damages u»xpacifiodin the Contract Documents for each calendar day after- the scheduled date for
completion as adjusted by written Change Order z that extended the completion date.
|2.1/ These amounts are not penalties but are liquidated damages incurred hy 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 she amount pfdamages
that will be sustained as a consequence of such delay, and both parties clearing to obviate any
question or dispute concerning the amount of said damages and the cost arid effect of the failure
of CONTRACTOR to complete the Contract on time, The above-stated liquidated damages shall
apply separately tu each phase *y the Project for, which a time for completion |s given.
|l32 CITY i` authorized w:deduct the liquidated damages from monies due op CONTRACTOR for the
Work under this Contract.
12A The Contract Time may only be changed by a written Change Order, Any claim for an extension in the
CONTRACT TIME shall be based on written notice deliven ed 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
nf the claim including xuppordn& data, All ,|n|ms for adjustment in the Contract Time shall bmevaluated
and recommended by the CONSULTANT, with final approval by the CITY'S rwpr*smn,x0v�Any change
in the Contract Time ,mxv|dn%from any such cb|mshall h"i/,corpmmswd\nm*r&zanCho,~^(�rdmr
|2,5/\||dme limits stated in the Contract 0ucurnenmare of the essence of+e(�unrract, *~ �
|J4No claim for delay shall bm allowed because of failure zn furnish Drawings before the expiration nf
fourteen (14) calendar days after dernand has been trade 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 air extension of time for the period of delay.
12.7 Extensions to the Contract Time for delays caused �c0w«mo(indmmmaweather, shall not b:
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather (s documented hy records from the national v"euxhnr service zn|h*abnormal
,.mozheriodocu,nentodtu have had as"boantix|a�mctedun the c"narrurgnns,hn'/|e
12@No Damages &rDelay: The r(�NTK8(�T{)Kag/mu� that he shall not have any dni---`damages due to
delay unless the delay exceeds 6 months, whether individually orcumo|atvm|y, and '��-�the darn�es shall
he limited ," increased cost ofn`oterixsthat were unan�dputedand "!�nzwould not '-�-'have been incurred
but for the delay, Other than us set forth above, the only remedy for any delay shall ha limited noa"
extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such
resulting delay, Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contract Price or payment or compensation of any kind front OWNER for direct, indirect, cmnsmouwndd
impact or other xuss.expenses *rdu/nu%uw.|nd o
uding6u�"ot|imi,udov.�nsmfacFn|erozi"oar '
inefficiency, overhead or lost profits, arising because n( delay, disruption, interference ur hindrance from
any cause whatsoever. whether such delay, disruption, interference or, hindrance be reasonable or
unreasonable, foreseeable mr unforeseeable, or avoidable nrunavoidable.
12,9 The CONTRACTOR waives all claims that are not presented to the City in writing on or, before the 21 at
day following the date nf the event upon which the claim |sbased,
12.10 Dispute Resolution: If any dispute concerning a question of fact arises tinder the Contract, other than
termination for, default wr convenience, the CONTRACTOR and the city department responsible for the
Thomas w.Pepe
Im
administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department with the advice of the City Attorney arid 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.
A-RTLC LUE
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly, all materials and equipment furnished and Work performed for patent
Defective Work for a period uf one (|) Year from the date wf Final Acceptance nw indicated i"the
CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, |f
issued, or the Certificate of Completion, if issued by die City, whichever is applicable and if more than
one is applicable, the one that is issued last, for patent Defective Work., The same guarantee and
unconditional warranty shall be extended for three (3) years frorn 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 ix applicable, the one that |s issued last, for latent Defective Work, The CITY will givm
notice of observed defects with reasonable promptness, In the event that the CONTRACTOR should fail
to commence to cort set 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 tile Contract Documents,
applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in
whole mrin part adcau»mxhmDcyecdweVvo,kvm&nrwmovednrcnrrwc,wdnodu:comp|poxtheYVu/k
at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby
incurred. The Performance Bond shall rernsun in full force and effect througn the guarantee period,
13.2 The specific warranty periods listed in the Contract Docurnents, if different frorn the period of time listed
|n Section |I|. shall take precedence over Section |I|,
133 CONTRACTOR shall act as agent, vnu limited basis for tile OWNER, at the C|TY'u option, solely for
the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee
arid for the purpose m[ completing all forms for VVarrm/ty/Guum'nxww coverage under this Contract,
13.4 In case of default by the CONTRACTOR, the City of South Miami they procure the articles or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
|l5 The CITY may withhold acceptance of, nr reject items which orziw"nduponemuminzdon`'^'no�tt—rn`em, d`*spaddcudn"requ/rmmeno,Upnwwr|tuonnn"|ficxdnno[rwiecdwn.itcns shall 4erem^eJ within five
(5)buuneosdoysbythmr[NTX\CT}Razh|snwnaxpno*e and redelivered ax his expense. Rejected
goods left longer than thirty (3g) calendar days shall be regarded vs abandoned and tile City shall have the
right to dispose of them as its own pa operty and the CONTRACTOR thereby waives any claim the
good or to compensation of any kind, Rejection for Non-Conforming Work or failure to meet delivery
schedules may result in the Contract being found in default.
AR
Payments-to Contractor
1,L 1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"purchase order". or any other document, does not and shall not authorize the commencement of the
Work, At least ten ( 10) calendar days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering die Work performed during the period covered by the
partial payrnent estimate and supported by such data as the CONSULTANT may reasonably require, All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights. if any, of those persons. If payment is requested on the baras of
materials and equipment not incorporated in the Work but delivered and suitably stored at or near site,
the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY,
which establishes the OWNER'S title to the material and equipment as well as certificates of insurance
providing coverage for 100% of the value of said material and equipment covering tile material and
Thomas F. Pepe
R
equipment from all casualties ,n well wu they, vandalism, fire and flood, The CONTRACTOR shall replace
at its expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either
certifying in writing its approval of payment and present the partial payment estimate to the OWNER, or
return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing
to approve paymerm In the latter case, the CONTRACTOR may make the necessary corrections and
resubmit the partial pay/^e/n estimate. The OWNER, will within thirty (3D) calendar days mfpresentation
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 tile amount of
each payment until Final Completion and Acceptance oy all Work covered h/ the Contract Dwoxmmnt'
Any |/`tmreztca.�nednn the *rtai"agm shall accrue to the benefit u[ the (JYVNER, �
|4I The CONTRACTOR, before >r shall receive final payment, shall deliver "v she CITY u Contractor's Final
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have pep-formed air furnished labor, services or materials, directly or
indirectly, which was incorporated into the Work. If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable rethe
CONTRACTOR arid such person.
143 The CONTRACTOR warrants arid guarantees that tide to all Wu k, materials and equipment covered by
^o Application for Payment whether the Work. material or | |s|nonrp:rx�din the Pr�mcrv/
not, shalt have passed to the {}�YN6Rprinrco the ,naNp&of� the Application for Payment free and clear
ni all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred -
uv'iiwnx"X and that omoVo/�k,n�mr*riabo.aqw|pmnnc covered hy^n/\pp|icodon for P^ym°n�*,|||huv`°
been acquimdby the /�{>NTK8(�T()Rorhy any other person pudh,mingd�/wvV"rkut the site nr ~
furnishing materials and equipment for the project, Linder or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR ur such other person.
14A The NT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, that the Work has progressed to the point indicated in the Application for Paymenu that, to the
best his knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject u»un evaluation nf the Work oxafunctioning Project upon substantial completion ao
defined in Article |,tn the results my any subsequent tests called for |n Elie Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of themnvont
approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed
to have represented that he made exhaustive or continuous oil-site observations to check Ehw quality ur
the quantity of the Work, or that lie has reviewed the means, methods, techniques, sequences and
procedures of construction or that he had made any examination to ascertain how or for what purpose
the CONTRACTOR has used the moneys paid rrt"he paid tv him vn account cf the Contract Pncex�r
that dMe«wu .materials, nrmquipn`wnr has puamdzo the <�YVNEK�eoand daxrnf any |ieno�
14�5 The {�[)wTKA��T(�Mshall n�ukethe h/!in+i:8u:m*cu�mnon each request forpuy,�m"t: �
"I hereby certify that the labor and materials listed on this request for payment have been used in The
construction my this Work and that all materials hndodad|n this request for payment and not yet
incorporated into the construction are now oil the site ca, stored at an approved location, and payment
received from [he last request for payment has been used tn make payments zn all his Subcontractors
and suppliers, except for the amounts listed below beside the pamcx of the persons who performed work
or supplied ma,mrix|s°,
hn the event that the CONTRACTOR withholds payment from uSub,nnurac,nrur Supplier, the szne
amount vf money shall bm withheld from the Cr)NTRA[TOR's payment until the issue i; resolved bT
written agreement between thern arid then a joint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement agreement, otherwise tile money shall be
held hy the OWNER until a judgment is entered in favor o/ the CONTRACTOR mr the person, iowhich
Thomas pPepe
72
case the money shall bm paid according with said judgment. Nothing contained herein shall indicate mn
intent obenefi,any third persons who are not signatories tm the Contract.
1+6 The CONSULTANT may refuse to approve the whole or any part of any payment if, if) its opinion, itis
unable to make such representations to the OWNER as required this Section 14, It may also refuse to
approve any payment, nr|t may void any prior payment application certification because oysubsequently
discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary
|n its opinion tm protect the OWNER from loss because:
|4,&<of Defective Work, or completed Work has been damaged requiring cnn nation urreplacement,
|4»2 the Work for which payment is requested cannot heverified,
14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable
filing or receipt thereof,
|,t6A she Conti-act Price has been r educed because ofmodifications,
K6J the CITY has correct Defective Work or, completed the Work in accordance with Article 13,
14AA of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
$Z9 and 6,3O.
1+63 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,
|40,8of liquidated damages payable hy [he CONTRACTOR, v,
14,&9 of any other violation of, or failure to comply with provisions of the Contract Documents,
1+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
C(]NTK%{]'(`R's completion of the Work, Such use shall not constitute an acceptance of such portions
*y the VVurk-
1+8ThaCITYzhd|ha,erh enter the premises for the purpose vf doing beef k not covered *ythe
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the Work, or the restoration of any damaged Work except
such us may hw caused by agents wr employees *y the OWNER.
1+9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to
the Final Application for Payment that the Work has been accepted by it undthe conditions m<the
Contract Documents, The entire balance found to be due the CONTRACTOR, including the retained
per omnmgex. but except such somsus may b°lawfully retained by the OWNER, shall bc paid ,rthe
CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work.
1AL10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an efsayables Vendor with
the Owner, The Bank ofAmerica ePayabh» Solution \xan automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards, ePayables, streamline the process of
making payments to your organization going forward, the City will provide the CONTRACTOR with a
credit card account number to keep on file, This card has unique security features, with $0 of awflable
funds until an invoice is approved for payment, After an invoice has received proper and complete
approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount
listed wn the invoice and/or remittance email. Please refer tw the epayub|es Q^co|oos & Answer's Form
contained io this RFP of- contact the C)VYMER,o Finance department ut(38})&&3~6343 with any questions,
KI 1 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the
OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously
filed and unresolved. The waver shall include all things done or furnished in connection with the Work
and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any
payment, however, finall or otherwise, shall not release the CONTRACTOR or its sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds,
14,12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the
Work as may be necessary in his opinion es protect the OWNER from loss if he determines, because of
subsequently discovered evidence or the results of subsequent inspection or tess% that:
14.12,1 the Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
Thomuppepa
IM
14,112 the Work necessary mbe completed for the purpose dcertifying the work u»being
Substantially Completed nrFinally Completed cannot bmverified,
|4.|%2 claims qr Liens have been filed or received, w/ there is reasonable evidence indicating the
probable filing or receipt thereof that, ir valid and paid, would reduce the amount owing nothe
CONTRACTOR 0Y20%|nthe case of Substantial Completion and 6%in the case n[Final
Completion.
14,12.4 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5%
|n the case «f Final Completion.
|4.|3|f the CONSULTANT de-certifies any portion nf the Work that was certified ('^|o|dx|CarJficodon'`)hy
the CONSULTANT, the CONTRACTOR shall repay oo the City wf South M{m*|uny/nuneypw|d as
result nf said Initial Certification being issued which shall bm paid only when the decertified work ione^
re-
certified,
Al L5_mS_VSeENSI0"F WORK AND-T MIN
I&I The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of
not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and tile
CONSULTANT, which shall fix the date on which Work shall be resurned, The CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspensionand if a claim is timely made and if it is allowed under the terms of Articles
I I or Article 12.
QLty May Terminate
|IlIfthe CONTRACTOR io adjudged bankrupt nr insolvent, nr|fhenmkeuzgeneral furd.m
*enm0tnf|tsco»dio^m.*rifmuunweorrec�,er|sqpp�nod[brth,C��NTKACPQ"o,fo' y its
yropnrq/*r K hw files u petition u` take advantage uf any dabuzr's r
act, or bankruptcy
of, similar laws, oriyherepeatedly fails *, supply sufficient skilled workmen or suitable materials ur
equipment, or if lie repeatedly fails to make prompt payments to Subcontractors or for labor, materials or
equipment urhw disregards laws, ordinances, rules, regulations orders pi any public body having
jurisdiction, or|{hw disregards the authority "y the CONSULTANT, m ifhwnftnopwism violates any
provision of, the Contract Documents, then the CITY may, without prejudice to any other right nr
remedy and after gi,|ngthe CONTRACTOR and the Surety seven () calendar days written notice,
terminate the seroces of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned hythe CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not
be entitled to f eceive any further payment until the Work is finished, If the unpaid balance of the
Contract price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR, If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Perfoi mance Bond shall pay tile
difference to the OWNER, Such costs incurred by the OWNER shall be determined by the
CONSULTANT and incorporated }na Change Order,
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for -,my reason that the CONTRACTOR was not in default, the rights and obligations of the
OWNER and Elie CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section I 55
153 Where the services have been mterminated by the CITY said cerrudation shall not
affect any rights of the OWNER
accrue, Any retention or payment of moneys by the OWNER due the CONTRACTOR Shall not release
the CONTRACTOR frorn liability,
|lA Upon seven (7) calendar days written notice to the CONTRACTOR and she CONSULTANT, rhe CITY
may, without cause and without prejudice to any other right of- remedy, elect to terminate the Contract
for the convenience nr the OWNER, |n such case, the CONTRACTOR shall be paid 'for all Work
executed and accepted by the CITY as of the date of the termination, mines any deduction for damage or
Defective Work. No payment shall be made for profit for Work which has not been pet-formed,
Thomas pPepe
1211 P20 15
Im
|IAA The CITY reserves the right |n the event the CONTRACTOR cannot provide «nitem(s)orsorvicm(o)/nu
timely manner om requested, oa obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent mf she Contract,
Removal of Equipruent
15,5 In the case of termination vf this Contract before completion for any cause whatever, the
CONTRACTOR, |fnodfiedtodvsobythe 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 nor be liable for loss or damage
to such equipment nrsupplies. Equipment and supplies shall not be construed tn include such items for
which the CONTRACTOR has been paid |n whole n,.npart,
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 rho OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT,
within thirty (30) cilLindar 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 fieu 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 clays'notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due.
15,7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
Conti-act Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract DocumentSk Therefore, the OWNER, at the CONSULTANT's request, agrees to
provide the CONSULTANT with a written indemnification arid hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
an interpretation, de-certifies a payment application, decertifies Substantial Completion, decerthes Final
Completion, certifies an event of default, or approves any action which requires the approval of the
16,1 Whenever any provision nJ the Contract Documents requires the giving m[ written notice ic shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at air sent by registered or
certified mail, postage prepaid, nu the last known business address,
16,2 The Contract Documents shall remain the property of the OWNER, The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
|6J The duties and obligations imposed by these Genet-at Conditions, Special Conditions and Supplementary
Cno�0onn.if any, and the dghtoand .�omadiesmmi!ab|*hmrovxdor. and, |n particular but without
—��
|im|tutkm, the warranties, guarantees and obligations imposed upon CONTRACTOR 6y the Contract
Documents and the rights and ramediexu^ni\eb|stn the OWNER and CONSULTANT ,he,eundarshd|
be|oadd|d*n to, and shall not be construed |n any pm�uox|imiodvno� any p|gh^"ndrameJienm'ai|ub|o
by/a^w.by special guarantee mrhy other provisions w| the [mnnmcc��ocummnm, �
|6A Should the OWNER or, the CONTRACTOR suffer injury ordamage tn its person nr property because oY
any error, emission, or act of the other or of ally of theiremployees or agents or others for whose acts
they are legally liable, claim shall be made in writing to the other party within twenty-one (21) calendar
days u[ the first observance mf such injury mrdamage,
Thomas F, Pepe
IN
17.1 OWNER and CONTRACTOR knowingly, irrevocably voluncarily and intentionally waive any tight either
may have u*« trial y jury |o State nr Federal Court proceedings |n action, proceeding,
|zvvcu|tnronuncorda|wanying out uf the ConmactWwcuo/+ntunr the �performance w( the Work
18.1 The Contract shall be construed in accoi dance with and governed by the law of the State of Florida,
18.2 The parties sularnit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising Out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miarni-Dade County, Florida,
183 Except as uray be otherwise provided in the Conn-act Documents, all claims, counterclaims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof, shall be decided in a court of competent furisdiction within the State
of Florida,
193 If CONTRACTOR subcontractor, does not comply with a public records request, the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
provision shall be liable to OWNER for its costs of enforcing this provision, including attorney fees
incurred in all proceedings, whether xdn�in|u,advmmr civil court and io all appellate proceedings,
Thomas F.Pepe
M
20.1 If any provision of the Contract or the application thereof no any person mr situation shall co any extent,
un held invalid ur unenforceable, the remainder of the Contract, and the uf such provisions ,o
persons or situations other than those as to which it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted bylaw.
21.1 The CONTRACTOR isnn independent CONTRACTOR Contract. Services provided hythe
CONTRACTOR shall ha6f employees oJ the CONTRACTOR and subject n, supervision by the
CONTRACTOR, and not as officers, employees, or agents of the OWNER, Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable oo services rendered under the Contract shall be those uf
the CONTRACTOR,
ARTICLE-22 — ASS) X
211 The CONTRACTOR shall riot transfer nr assign any o[ its rights mrduties, odigVdonoandreopwnoib||ivies
arising under the terms, conditions and provisions ofthis Contract without prior written consent cfthe
City Manager. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the
C(lNTKACT[>K'n rights. The CITY may, |n its sole and absolute discretion, refuse tv allow the
CONTRACTOR ,n assign its duties, obligations and responsibilities. In any event, the CITY shall not
consent c* such assignment unless CONTRACTOR remains jointly and severally liable for any breach wf
the Agreement h9 the assignee, the assignee rnactn all u{ the C|TY's requirements c, the C|TY`nsole
satisfaction and the assignee executes all oY the Contract Documents that were required n^boexecuted
by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto have executed
inclusion as part of the Conti-act Documents on this —?,4 day of _
Print Signatory's Name:
Title of Signatory:
UNFIffm
Signature:
Maria Menendez
City Clerk
Read and Approved wuto Form, Language,
Legality, and Execution rhmnant
City Attorney
99
Genet-at Conditions /o acknowledge their
ve VJJ 20
~6-~f^
Sign,mre�
Steven Alexander
City Manager
EXHIBIT 6
Supplementary Conditions
CW 64th Avenue M4 #11, Mil Xpaw-git P&J&&ti
& Consultant: |n accordance with ARTICLE io[ the General Conditions CONSULTANT is defined nsthe
person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's
designated representative xs identified in the Supplementary Conditions, The C[}NSULT4NT`uiy^ny
and the ��iq,'oOedQnotmdKop,ese.xa`i,w^sname, address, telephone number and facsimile number 'are u'
Consultant E&C Consulting, !nc,
o|aNVV57thAvenue, Suite 402
M|wni. FL 33126
Phone: 305'264'3557
Fax: 305'264'8363
City's Designated Representative: Ricardo A. Ayala, RE
Capital Improvement Project Manager
4793SVV75 Ave 408
Miami, Fl. 33|55
Phone 305-403-2072
Fax 30S-668-7208
Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT orfrom substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will bc furnished one sets ofCptrucx
Documents without chan¥,��nyuddidun^|copies required will hmY",r�ishedu» the C[}MTRACT(�"ouu
cost to the COuTKA[�`QR equal to the/aproduct|onnom� '`
Q, The Scope of3ervices^ also referred roos the Work |n the contract documents, /u^oset forth i^ the RFP
�V
and in the attached �HKB8TKvAttachment A,to the RFP and |y there ism 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 |m the attached EXHIBIT Ito the REP and i/ there |xm conflict the attached
Exhibit shall take precedence,
F, The Wet k shall be completed in 90 calendar days unless a shorter time is set forth in the Contract and |n
such event the Contract shall take precedent notwithstanding any provision in the General Conditions to
the Contract that may hwtm the contrary-
IN WITNESS WHEREOF, the parties hereto have executed the Suppiw o Conditions to
acknowledge their inclusion ns part vf the Contract this _��u v .�^ (is
,
[{)WTR4CT{>KA/��v��a���./�,/rn�����a���
Signature:
Print
J Gen
Title of Signatory: V �.-)
ATTESTED: OWNER: CITY OF SOUTH MIAMI
Signature: Signature:
Maria Menendez Steven Alexander
City Clark City Manager
Read and Approved asmForm,
Thomas pPepe
In
Legality, and Execution Thereof:
Attorney
Thomas F, Pepe,
12MO1201S
79
SW 64th Avenue Drainage Improvement Projert
RFP #PWM-&�-"
The response to this questionnaire shall be utilized as part of the C"'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed,
a) In the pasts years
In the past 5 years On Schedule
d) In the past 10 years
In the past 10 years On Schedule
1 List the last three (3) completed similar, projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
I
--A/1dc;,a,a;
. 2a
e'V'-'xJ A,
M
Actual Final Contract Completion
"'V/
Date:
—V &
----------
Original Contract Price:
S12-V I —//
Actual Final Contract Price:
c, & 6 , C701
b) Project Narrun
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Dam
- -------- - —Ij
-A/61 la-
Actual Final Contract Completion
h�
Date:
'si
Original Contract Price:
pf et 9,16,
I c
Actual Final Contract Price
12
C) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
J-0
Actual Fmal Contract Completion
Date:
Original Contract Price el -2
57
Actual Final Contract Price: 4 J-,
I Current workload
Thomas F. Pepe
JV 10120 15
M
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, o, 1A
b) Any arbitration or civil or criminal proceedings, or �, IA
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years !A
fka 6. Government References:
List other Government Agencies or Quasi-Government Agencies for which you have done business
within the past five (5) years,
Name of Agency:
PID 10"g?"J U"Jjo
Address:
Telephone No.:
0' �'c
Contact Person:
k 1-4,,,e r4- k-
Type of Project:
rcirl
Name of Agency;
�-,$D cvAM,
Address;
Telephone No.:
0 eI
Contact Person:
a," e)^1 c4l
Type of Project:
cx ¢ txw A tv IasAol 's,
Name of Agency;
Address:
Contact Person:
M
RG:l
Home Office Organization Chart
Ricardo Gonzalez
President
ricardo@rgujidergroLiiid.coni
Adalys Garcia
Office Manager.
adalis@rgtindergrotiii(i.com
Otmara Leon
Estimator
Office Number: 305-386-6293
Office Fax: 305-386-5241
Prepare/Authorized by
Ricardo Gonzalez, President
Project Organization Chart
Ricardo Gonzalez
President/superintendent
ricat-do@rgyundergrottiid.coni
Add s Garcia
Office Manager
adalis@rgunderground.com
Urbano on
Onsite superintendent
Salvador
Foreman
Office Numbei% 30238 6293
omen 3 05-380-5241
Thomas F, Pepe
M
STATE OF FLORIDA
COUNTY OF MIAMI
being first duly sworn, deposes and states that:
(Owner, Partner, Officer, Representative or Agent) of
��� the Respondent that has submitted the
(2) H is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(7) Such Proposal i* genuine and }: not a collusive mr sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees or, parties in interest, including this affiant, have in any way colluded, conspired, connived
or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
on refrain from Bidding or proposing in connection with such Work; nrh ,v� | n any manner, directly
mrindirectly, xnu�k�h��5rnemmncorcoUuxi nn� mrc*mnun'ca#un.orcanb:rcncwwixbxny
Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, nrcufix any overhead, profit, nr cost elements n( the Proposal Price wrtile
Proposal Price «d any other Respondent, mr tw secure through any collusion, conspiracy, conm\vuncr
mr unlawful �rmemen'any udv^nn�n�p|nc(Redpient).v, any person |nworwytedio tile 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 agreemert: on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including thisuM,ant,
Signed, sealed and delivered in the presence oF
itness
STATE OF FLORIDA
COUNTY OF MIAMIDADE
um
ACKNOWLEDGEMENT
�
~". this the 2�"_nnyo/ ��~- �ek»r�mwtbwuo6erz�neduin`o/y PuWicwfd`oSm�e
of Florida, _ �
vummuF.rmpe
E
Al
071
6,
and whose name(s) is/are Subscribed to the within
instrument, and helsh;/they acknowletige that heishe/they executed it.
WITNESS my hand and official seal,
REBECA GONZALEZ
Notary Prodit - state of Florida
my Comm, Expires Jar, 10.2017
"M - commission sa Ff 128365
4 " 4�1
is .
Thomas, F. Pepe
1211(02015
w
lt'a 41'0 c"st G et" -7, OL&
--- T' --E
(Nam. of Noway Public: R T—So�—,p —. type as
Personally known to Me. or
Personal identification:
Type of Identification Produced
Did Like an oath, or
— Did Not take an oath,
Pursuant z* the provisions ny Paragraph (2)(a)of Section 287|3],Florida State Statutes ~^'A person nraffiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid
or
proposal for a Contract with a public entity for the construction of repair of a public building or public work, may
not submit bids at- proposals on leases of- real property to a public entity, may not be awarded to perform Work
as a RESPONDENT Sub-contractor, supplier, �ub`nouou|u^nt' of, Consultant u»d*ru Contract with any public
entity, and may not transact business wic� onypublic entity in excess q| the threshold amount Category Two of
Section 2V7-0/7^ Florida Statutes, for thirty six (3A)mnndm from the date mf being placed ^n the convicted vendor
The award nf any contract hereunder |s subject rn the provisions of Chapter ||2 Florida State
Statutes. Respmxdemzmust disdvse*oh their Pr*po«ai�the nameof~d8wnr.dirmcoonpo`c`mr associate or
^0�nt~ho|ugooa,,W0cnroremp|vycuo[xbe[|txnf1pvthMiom{^rio"�ndpx, ^'^
SWORN STATEMENT PURSUANT T(} SECTION 28T.{33 (3)(a).
QN PUBLIC ENTITY CRIMES
This sworn statement ixwhm|usdno
�
0 40 A/`xs,17v
entityl
-
whose business address is 1,7? 1
and (if applicable) its Federal Employet Identification Number (FEIN) is _J-6
individual signing this sworn stasemenr�
entity has no FEIN, include the Social Security Number of the (if the
| understand that a "public entity crime" xs defined ix Paragraph 287,>33({)(g), Florida Statulga
means a violation of any state or federal law by a person with respect to and directly related °° the
transaction ,f business with any public entity wr with *n agency or political subdivision u' any other state
oro[ the United States, including, but not limited w"' any bid, proposal nrcontract for goods n, services
unb* provided t* any pub( cw^b, /oranaO*n`Tv,Pmi,im,|zubd}vixiwnuf any other state orvfthe
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
l | understand that ''nonvicted"or"nonvicdun"us defined in Paragraph l8J��3(|)(b)R&dda
&t��umn`eanoa finding of guilt orucmo�chnnufa public end9oin`ewith mrvvi~o"xunudi^|oaino
of gu|!t|nanyh:u*ru|nrsmtetha|cowrrnfrecor6roto|R&ooc`armsh`'~^ indictment or
inkxrmadn"a�er]u|y|,|98$uoaro*/|tnfniory,erd|c�noo�urythd`o" brought by n"'m
cold contenders.
.rmnoyo'a plea of guilty nr
^\ | understand that zn'affi|iaoe"nx defined |n Paragraph Z07,}33(|)(z). me*no (a) A �a�������x�����mor
(^) nn entity moonr the control oy any natural person who isactive in the management ny the entity
and who has been convicted nfa public entity crime, The term ^aD||am:^' includes those of8cers
d�rcn:m,exmc't�cs.ymnoao.nhum,hw/gem/wmcloyme*memhc,4andaAen�whoareumimei~
v"owa,p���p* in
12110120 15
E
the management m(ao affiliate. The ownership hy one person oxshares constituting acontrolling
interest in any person, or a pooling of equipment or, income among persons when not for fair
market value under an arm's length agreement, shall be a prama facie case that one person
controls another person, A person who knowingly enters into a joint venture with a person
who has been convicted u|u public entity crime |n Florida during the preceding 36 months shall
be. considered anaffiliate.
I | understand that m°p*.xun°a» defined in Paragraph l§I|33(|)h), means any
nutvngperson oraon0/organized under the |ax/xmf any state vrcf the United ��States —with the legal
power to enter into a binding contract and which bids or proposal of- applies to bid or proposal on
f h f
contracts for provision ogovusnrnervicws|*tbyopuhocmnbq/.n,v.hichrd,mnm|zworanuc,sw/
applies to transact business with a public entity, The term "person" includes those officers, directors,
executives, partners, shareholders, employees. members, and agents who are active In management of an
eodq/.
l Based on information and belief, the statement which I have marked below is true in mlation to the
entity | �
q/� nzn8 usworn statement, [indicate which statement mpy||enJ
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, of 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 |.|Y39.
____` The entity submitting this sworn statement, mr one o, more ,f its officers, directors, executives,
partners, shareholders, employees, members, of- agents who are active in the management of the entity,
urso affiliate n( the entity has been charged with and convicted ofspublic entity crime subsequent ooJuly
____The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners. shareholders, employees, members. of- agents who are active in the management of the entity,
or,,/ affiliate rf the entity has been charged with and convicted mfapublic entity crime subsequent ,JJuly
1, 1989, However, there has been a subsequent proceeding before a Hearing Officer of tile State of
Florida, Division nf Administrative Hearings and the Final Order entered h/ 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, [uosch^ copy nf the final ordm,,]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
|wbENT}AUD|N PARAGRAPH /;]NE>ABOVE is FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM $VALID
THROUGH DECEMBER 3|Qr THE CALENDAR YEAR |N WHICH 8|SFILED, | ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED |N SECTION 20,A|7, FLQR��
CHANGE \N THE INFORMATION C/MTmNEQ|N THIS FORM, &��f��\ ^ Y
Sworn oo and subscribed before me :h|s day of
Pmrynna||rknown______w~
OR Produced identification Notary Public �taio of fericl
res
(Type of identification)
Form PUB 7068 (ReVL06/11/92)
Thomas aPepe
E
pW commission expires
(Printed. typed of- stamped commission
ed
name oynmorvm`ui6
AM!"C"I Notary Public - State of Florida
My Comm, Expires Jan 10, 2011
o'Zitw Commission A, BE 128365
Whenever two ur more Bids or, Proposals which are equal with respect oo price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process, Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drug-free workplace program, In order to have a drug-free workplace
program, u business shall:
|) Publish a statement notifying the unlawful manufacture, distribution, dispensing,
possession, or, use of a controlled substance is prohibited in the workplace and specifying the
actions that shall be taken against employees for violations of such prohibition,
3) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy w/ the statement specified |n Subsection (|f.
4) (/` the statement specified |n Subsection (|), notify the emp!nyee`, that, ms^ condition *iworking
of the commodities or contractual services that are under, Bid, he employee shall abide by the
terms u! the statement and shall notify the employee of any conviction of, *. plea ,* guilty or
man coritendere to, any violation of Chapter- 893 or of any controlled substance law of the United
States runypzn� W raviolation occurring in the workplace nm later than five (5) business days
after such conviction,
5) Impose u sanction on, nr require the nzhxbxc*o. y participation |nm drug abuse assistance mr
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 `v sign the complies fully with die above requirements,
RESPONDENT's Signature:
Print ldame� _L _C11r
Date: lk
Thomas F. Pepe
1H
TO THE CITY OF SOUTH MIAK
(Nannen[[{)*TMACTC>K). hereby acknowledge and agree that ws
c/
�mTn*C/c/wtme SW 64t Avenue Drainage Improvement Project, REP #PWI@16~V9
project as specified have the sole responsibility for compliance with all the requirements of the Federal
Occupational Safety and Health Act cx|97o. and all State and local safety and health regulations, arid Cnewrn
indmmni& and hold harmless the ��it7w/ South ��iaomiand EJ�'Cx�omsmlting, Inc, �a]noany and W-|iab0ty
daims.dxrnugeu.losses and expenses they may incur due tn the bi|wro*f(8ub'contruuor'snamns)� ^
to comply with such act or, regulation,
C01trAff 0,
BY:
Name I'Dex,
rxwwwsPepe
21
M • " \
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent ", must
certify that the Respondents 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:
h[tp:fl ww. dms.tnyflkitd�mLytitlbtrsjriess opermin nlconvic[e sttsp
ended drscrrrtrinatpry ccsmpiarnes venttor lists
f^
DECLARATION UNDER PENALTY OF PERJURY
I, _aL_it"fi'sw"x a ci0/7, a�^"a?. (hereinafter referred to as the ` "Declarant ") state, under penalty of perjury,
that the following statements ar true and correct:
(1) I represent the Respondent whose name is G yr< r nrf v 4011C
(2) 1 have the following relationship with the Respondents "'__T_ (Owner` (if Respondent is a
sole proprietor),. President (if Respondent is a corporation) Partner (if Respondent c a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> ('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.comtbusiness operationsfstaten purchasingivendoi- --informatronlconvicted suspended__di
scriminatory_complaints_ vendor lists
(4) I have entered an "x "' or a check mark beside each latingfcategory 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 listingicategory, it means that I am arresting to the fact that the
Respondents name does not appear on the listing for that category In the Florida Uepirmtent of Management
Services website as of the date of this affidavit
Check If
Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
.A_ Federal Excluded Parties List
_ Vendor Complaint List
FURTHER DEC RANT SAYETH NOT
cle
*nunf m)
Byrl, ACKNOWLEDGEMEN
STATE OF FLORIDA )
COUNTY OF MIAMI-D DE
On his the 0ay of i" e4 "d% , 20 /& , before me, the undersigned authority, personally
_,.
appeared ; cAc scr .lGs.+ a- _ who is personally know to me or who provided the
following _ n and who took an oath o rime- d that [ha,�,,:t
g IzeLstyetthey executed the
foregoing Affidavit as the Declarant. ...,^�
WITNESS my hand and official seal. ,
RELATED PARTY TRANSACTION VERIFICATION FORM
individually and on behalf of fi—c7t)"A n,00?" ; F\
("Firm") have Name of Re reset Gave offilarany/Vendorhodity read the Ch:Tof—Scil f-Zllt- "f's Co'e of Efllics
Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(i) neither |*?the Firm have m9conflict of interest (as defined |n section $A-|) with regard to the contractor
budnexatb ottope�brmfo�urtoaansact°'kh,the
City, and 1�0,x(�e ��m���,J�� ,
/ �
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5%|o the Firm, has any r*|ad,w(o).^u defined |n section %A-|. who |zmn employee o/ the City nr who }u(wre)
un appointed o, elected official nf the City, wr who bhi,e>a member o[ any public body created by the City
Commission, io, a board or committee of tile City, [while the ethics code still applies, if the person executing this
form is doing ovun behalf ofu firm whose stock }v publicly traded, the statement in this section <2i shall bebased
solely on the signatory's personal knowledge and helshe is not required to make an independent investigation as to
the relationship vf employees or those who hive ^ financial interest in the 6rm� a
and �
�]. / �A
(3) neither- I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, not, any member of
those persons' immediate fainfly p,e., spouse, parents, children, brothers and sisters) has transacted or entered
into any cwnrmc,(d wish the City orhas a financial interest, direct or indirect, io 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 lose however, you
must make reference, on the above fine, 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 A.> /,4
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their, trattechate family
members 0m° spouse, parents, children, brothers and sisters) has a financial interest directly or, indirectly, |nthe
contract between you and/or your Firm slid the City other than the following individuals whose interest is set
forth following their nnwws�____«���~________________
(if necessary, use u separate sheet no supply additional information line; however, you must
make reference, on the above line, no the additional sheet arid the additional sheet must be signed tinder oath),
The names of all City employees and that of all elected andior appointed city officials or board members, who
own, directly orindirectly, an interest of five percent (5%)*r more o[ the total assets v/ capital stock |n the fi,m
are ^sfn||owx�
�
f necessary, use a separate sheet to supply additional information that will nor fit on this lhe� 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 statemenr 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 hornediate family members of elected andlor appointed official or employarej
(5) 1 arid the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through out, performance of our duties under the terms of the
contract with d`m City, oo secure a special privilege, benefit, vr exemption for ourselves, nrvther&We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gun or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance mf the contract,
«V| and the Firm hereby acknowledge that rm have not contracted wr transacted any business with the City nr
any person mr agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other, than as
Thomas F. Pepe
23
~^~`` XAPurchasinge/enclor Registration\12,28, 12 RELATED PARTY TRANSACTION VERIFICATION FORM [3J.docx
necessary, use a separate a , beer to supply additional information that will not fit on this fimc however, you must
make reference, on the above line, to the additional sheet and the additional sheet trust be signed under oath),
(7) Neither I nor any employees, officers, ordirescors of the Firm, nor any of their immediate family h,e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or man large to: III any member n( the City
Commission; (|0 any city employe (|i8 any member of any board or agency of the City other than as follows:
- Jf necessary, use a separate sheet to supply additional
information that will not fit oil this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet toner be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of erriployees, officers, or directors of the Firm, or of any
of their immediate family to any appointed orelected officials of the City or to their immediate farraly members),
p@0o Other Firm, nor any officers or directors wf that Other Firm rr anyone who has a financial interest greater
than 5%i` that Other Firm, nor any member *f those persons' immediate family (iu. spouse, parents, ch|drm,,
brothers and msuors)nor any p/my Immediate �mUynommhcro(|,wroinu�nrrwbrrmdrwus^^Rm{atedPxo|ex^)h"u
responded vnm solicitation by the City |nm/h|rh|o, the Mrmthat | represent nr anyone who has afinaoc�| `
interest greater than 5% in the Firm, or any member nf those persons' immediate family N'o, spouse,
children, brothers and sisters) h��also "axpmndoJrchyr�kan:he/�|owi��C parents,
� . �
'~. if
necessary, use a sepat ate 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 sull applies, if the person executing this form is doing so on behalf of a firin whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firri, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member- of those
persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verification Form and Inform the City of any
change in circumstances that would change our answers to this document, Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and no disclose the relationship of chose
parties tomm and the Firm,
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition *f the maximum fine and/or any |bex allowed by law, Additionally, violations may be considered by
and subject us action by hMiami-Dade C Commission on Ethics, Under penalty of perjury, | declare that |
have cracks ^~� omyuntnmrwmu Ti made hereinaboy i true and correct to the best of my knowledge, information and belief
novo and that she sta #
mmen
24
PRESENTATION TEAM
This affidavit is not required for compliance with the City's Solicitation: however, it may be used to
avoid the need to register members of your presentation team as lobbyists, Pursuant »nCNv[)rdinuoc*
l8'|4'22h6(c)(9). any person vvAoappears asm representative for an individual mr firm 'for anoral
presentation before a City certification, evaluation, selection, technical review or similar committee,
shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The
dfidax|tshall hm filed bystaff with the ClerWs office at the time the committee's proposal is submitted to
the City Manager, For the pus-pose o[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 ClerWs office as a lobbyist and has paid all
applicable lobbyist registration fees,
Pursuant t4'9%.523(Z). Florida Statutes, the undersigned, makes the following
declaration under penalty ofperjury: ------~---~—~-7—'��
Listed below are all individuals who may make
resents, Please noti,
all applicable lobbyist registration fees.
�
ffEm
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception mf any person otherwise required tu register usmlobbv�u shall not hn required no
pay any rcgiooazionfees. The Af0d4vittf Representation shall ba filed w,irb�the City Clerk's office mt the
time the committee's proposal is submitted to the City as part of the procurement process,
Under penalties of perjury, | declare that | have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below,
Thomas F. Pepe
IN
��
��