Williams Paving RFP PW2016-19 8.26.16 Sw 64th Ave Drainage Impr"C3M") through officer (City
The City of South Miami, Florida (hereinafter referred to as Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request
for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or
"Invitation to Bid" to "City" shall be a reference to the City Manager, or the manager's designee, for the City of
South Miami unless otherwise specifically defined.
The C]4' is hereby requesting sealed proposals in response to this RFP,"SW 84" Avenue Drainage
Improvement Project, RFP#PW20|6-K9, The purpose of this Solicitation isto contract for the services
necessary for the completion of the io accordance with the Scope of Services, (Exhibit 1, Attachment /Vand,
or the plans and/or specifications, (Exhibit 1, Attachment 8), described in this Solicitation (hereinafter referred to as
"the Project" or''P,ojece1
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the
CityClerk's office Monday through Friday from 9'00 am. to 4:00 p.m. or by accessing the following
ht±p:/hwwow^«out6mm{ammBl.gpv/ which is the City of South Miami's web address for solicitation information.
Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package`
including all documents listed io the Solicitation.
The Proposal Package shall consist of one (1) original unbound proposal, one ) additional copies and
one (|) digital (or comparable medium including Flash Drive, DVD or CD) copy all mf which .shall be
delivered um the Office mf the City Clerk located at South Miami City Hall, 6|3D Sunset Drive, South Miami, Florida
33|43. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the
following Envelope Information clearly printed or written on the exterior of the envelope or container in which
the sealed proposal is delivered: "SW 64" Avenue Drainage Improvement Pmject,^" RFP#PW20;8~|9
and the name o[ the Respondent (person or entity responding to the Solicitation. Special envelopes such aathose
provided by UPS or Federal Express will not be opened unless they contain the required Enve|ope|nformatonon
the front or back oF the envelope. Sealed Proposals must 6e received by Office cf the City Clerk, either bymail
or hand delivery, nm later than |0:ODaxn.local time on August 26,20i8^ Hand delivery must bemade
Monday through Friday from 8AM to PM to the office of City Clerk.
Apu6|ic opening i|| take place at |O:OO *.m. on the same date in the City Commission Chambers located at City
Hall, 6|30Sunset Drive, South Miami 33143. Any Proposal received after |O:8Oa.m. local time on said date will
not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be
resolved against the person submitting the proposal and in favor oI the Clerk's receipt stamp.
A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Cpmnmmimmh»m
Chambers located at 6130 Sunset Drive, South Miammi,FIL 33143 on, August '12,2018at 10:00 a.nm-
The conference shall 6= held regardless of weather `conditions. Proposals 'are subject to the terms, conditions and
'provisions of this letter um well usmuthose provisions, terms, conditions, affidavits and documents contained |nthis
Solicitation Package. The City reserves the right to award the Project to the person with the lowest, most
responsive, responsible Propnsa|, as determined by the City, subject to the right of the C]q^ 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 *z the right uf the City uo award the Project, andexecuceammntractv0dh'o
Respondent or Respondents, other than mo one who provided the lowest Proposal Price or, if the Scope of the
Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent..
Maria M. Menendez, CMC
City Clerk, City of South Miami
SCOPE OF SERVICES and SCHEDULE OF-TALVES
SW 64th Avenue Drainage Improvement
a
The • r' of - and the Schedule of Values, if any, are set forth 'a
EXHIBIT 1, Attachment a and Attachment
Tk 'M 4 a P TWIT •; M
Thomas F. Pepe
12/1012015
IZM
SCHEDULE OF EVENTS
I
Advertisement/ Distribution of Solicitation & Cone of Silence
begins
8/3/2016
11:00 AM
2
Non-Mandatory Pre-RFP Meeting
8/1212016
10:00 AM
3
Deadline to Submit Questions
8/17/2016
10:00 AM
4
Deadline to City Responses to Questions
8/22/2016
10:00 AM
5
Deadline to Submit RFIP Response
8126/2016
. 110:00 AM
6
Projected Announcement of selected Contractor/Cone of Silence
ends
9/6/2016
7:00 PM
]
|`Purpose of Solicitation. The City of South Miami brequesting proposals for the lowest and most responsive
price for the Project. The City reserves the right to award the contract uz the Respondent whose proposal is
found *zbein the best interests nf the City.
2. Qualification of Proposing Firm. Response submittals to this Oo|id,adun will be considered from firms
normally engaged in providing the services requested. The proposing firm must demonstrate adequate
experience, organizadon, offices, equipment and personnel to ensure prompt and efficient service to the City
of South Miami. The City reserves the right, before recommending any award, to inspect the offices and
organization or to take any other action necessary to determine ability to perform in accordance with the
specifications, terms and conditions. The City uf South Miami will determine whether the evidence of ability cm
perform is xuo|ofacpmry and reserves the right to reject all response submittals to this Solicitation where
evidence submitted, or investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether
an item fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact. The uvv^r6ed 0nn ahmU appoint a person to act as a primary contact with the City of
South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in
person, and shall ba knowledgeable of the terms of the contract.
5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately asanattachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order cfprecedence
shall app|y, unless clearly contrary to the specific terms of the Contract or General Conditions to the
Contract:
Addenda toSolicitation
h Attach ments/Exbi bits om
d Solicitation
6) Attach memyExhi bits tn Supplementary Conditions
e) Supplementary Conditions *z Contract, ifany
9 Attach meodExhibitx*aContract
g) Contract
h) General Conditions to Contract, ifany
i) Respondent!s Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
parmi#ed, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal avardbyO Commission, if all of the following is established:
The proposing firm acted in good faith in submitting the response;
b> The 'error was not the result of gross negligence or willful inattention on the part uf the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not
including Saturday, Sunday oru legal holiday) cfopening the proposals received, along with urequest
for permission towithdraw the firm's Proposal; and
signed d) The firm submits an explanation in writing, under penalty of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith.
'` Solicitation
instructions to Respondents and they are hereby adopted and made a part hereof by reference. K there bm
conflict between the [over Letter and these instructions, or any other provision of this Solicitation, the
Cover Letter shall govern and take precedence over the conflicting provsion(s)jn the Solicitation.
Thomas F.Pepe
0
12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such
event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to
one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any
contract for the provision of goods or services for period of one year. Contact shall only be made through
regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are
for the purposes of obtaining additional or clarifying information.
Thomas F. Pepe
12/10/201S
13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this
Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City
Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively
concerning this Solicitation. Contact shall only be made through regularly scheduled Commission meetings, or
meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or
clarifying information.
14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation
and the successful firm will be requested to enter into negotiations to produce a contract for the Project.
The City, however; reserves the right, in its sole discretion, to do any of the following
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary,
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as
determined by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed
or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in
its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee, contractor or sub- consultant,
working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor
list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a
contract to provide any goods or services, or a contract for construction or repair of a public building, may
not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a
contract to perform work as a CONTRACTOR, sub- contractor, supplier, sub - consultant, or consultant under
a contract with the City of South Miami, and may not transact business with the City of South Miami for a
period of 36 months from the date of being placed on the convicted vendor list.
17. Respondents shall use the Proposal Form(s) furnished by the City; All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue
ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA ". The
proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal /Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form.
Thomas F. Pepe
12/1012015
e) Certificates of Competency as well as all applicable State, County and City Licenses held by
Respondent
Certificate cf Insurance and/or Letter of Insurability.
18. Goods: |f goods are tobe provided pursuant to this Solicitation the following applies:
m) Brand Names: If brand name, make, manufacturer's trade name or vendor catalog number is
mentioned ip this Solicitation, whether or not followed by the words "approved equal^, it is for the
purpose of establishing a grade or quality of mateho|on|y. Respondent may offer goods that are
equal to the goods described in this Solicitation with appropriate identification, samples and/or
specifications for such item(s), The City shall be the sole judge concerning the merits of item'
proposed as equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case ofa
discrepancy, the City reserves the right tn make the final determination ot the lowest net cost tpthe
City.
d Mistake |n the event that unit prices ^e part oJ the Proposaandiftberebadiscrepmncybetveen
the unit price(s) and the extended price(s), the unit phce(s)shall prevail and the extended price(s)
shall be adjusted zocoincide. Respondents are responsible for checking their calculations. Failure to
doon shall baao the Respondent's risk, and errors shall not release the Respondent from his/her pr
its responsibility noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to
the City. Each individual sample must be labeled with the Respondent's name and manufacturer's
brand name and delivered by|t within ten ([D) calendar days of the Proposal opening unless schedule
indicates a different time. |f samples are requested subsequent tu the Proposal opening, they shall be
delivered within ten (|U) calendar days of the request. The City shall not be responsible for the
return ofsamples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are inconformity
with the latest Federal Price Guidelines.
8
Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on
this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to
notify the City at uuce, indicating in its letter the specific regulation which required an
alteration. The City of South Miami reserves the right to accept any such alteration, including any
price adjustments occasioned ther=by, or to cancel all or any portion of the Contract, at the sole
discretion of the City and at no further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a
period of one hundred eighty (|80)calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, orambiguous
responses to the Solicitation shall be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s)tobe supplied to the City conform
in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by z Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by
law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the
Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents
shall furnish a certified copy of all |irenoeu. Certificates of Competency or other licensing requirement
necessary to practice their profession and applicable to the work to be performed as required by Florida
Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These
documents shall be furnished to the [6y as part of the Proposal. Failure to have obtained the required
licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and
forfeiture nf the Proposal/Bid Bond, i[ required for this Project.
20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 2,
prior uz issuance cf any Contnact(s)orAwac66J |fa recommendation for award of' the contract, oranaward
of the contract is made before compliance with this provision, the failure to fully and satisfactorily | with
the ChYm bonding, }f required for this project, and insurance requirements as set forth herein shall authorize
the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of
contract without further City action. The Respondent, by submitting u Proposal, thereby agrees to hold the
City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
Thomas F. Pepe
21. Copyrights and/or Patent Rights: Respondent warrants that asm the manufacturing, producing or selling of
goods intended to be shipped or ordered by the Respondent pursuant oq this Propos,{, there has not been,
nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City
from any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution ofContract: /\ response to this Solicitation shall not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The 'Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature vn the Bid Form and/or the form cf contract that ima part mY
the Solicitation package and/or response to this Solicitation, grants to the City the authority, onthe
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, et the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
cf the contract.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities mJ any orall
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment,
materia|s, references, and past msto of service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as
amended, when requested shall be cause for rejection of the Proposal as determined by the City.
25` Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following u
conviction for a public entity crime may not submit a response omacontract to provide any services oua
public entity, may not so6m{c Solicitation on leases of real property to a public endty, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for u period of
36 months from the date of being placed on the Convicted Vendors List.
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained o
company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to
sm|idc or secure contract with the City, and that it has not p66 or agreed to pay any person, compuny,
corporation, hnJ|v|Jua| or firm other than a bona fide employee, contractor nrsub-consu|tant, working in its
employ, any fee, commisdon, perrentage, gift or other consideration contingent upon or resulting from the
award or making ofa contract with the City.
27. Hold Harmless: All Respondents a6uU hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees |nreference to its decisions toreject, award, or not award acontract,
as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a
proposal shall act aman agreement by the Respondent that the Proposal/Bid Bond, if required for this project,
shall not be released until and unless the Respondent waives any and all claims that the Respondent may have
against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's
favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover
its attorney's fees, court costs uo well ap expenses associated with the litigation. |n the event that fees, court
so and expenses nusodmed with the litigation are awarded to the City, the Proposal/Bid Bond, if required
for this project, shall be applied to the payment of those costs and any balance shall be paid by the
Respondent.
28. Cancellation: Failure on the part of the Respondent to comply with the con6idona, speciMcadono,
requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or
termination of the contract.
29. Bonding Requirements: The Respondent, when submitting the Proposal, uhz|| include u Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check shall not be deemed u valid Proposal Security.
30. Performance and Payment Bond: The City xf South Miami may require the successful Respondent co furnish
Performance Bond and Payment Bpo4 each in the amount of |OD% of the cocu| Pnupvga| price, including
Alternates ifany, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, mssecurity for the faithful performance of the Contract and for the payment ofall
persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition,
if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require
Thomas F. Pepe
that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond.
The bonds shall be with a surety company authorized to do business in the State of Florida.
30.1. Each Performance Bond shall be in the amount of one hundred percent (100 %) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
30.2. Each Performance Bond shall continue in effect for five years after final completion and
acceptance of the Work with the liability equal to one hundred percent (100 %) of the Contract Sum.
30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or
subcontractor employed pursuant to this Project.
30.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of
Insurance companies as set forth in the insurance requirements of this solicitation.
30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that
the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County and
provide CITY with evidence of such recording.
30.6. The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent;
within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the
required insurance documentation as well as a Performance and Payment Bond if these bonds are required.
The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the
required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the
Proposal /Bid Bond /Security that accompanied the Proposal, and the Proposal /Bid Bond /Security shall be
retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal /Bid
Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent
fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If
the City does not accept the Proposal /Bid Bond, the City may proceed to sue for breach of contract if the
Respondent fails to perform in accordance with the Contract Documents. Proposal /Bid Bond /Security
deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same
requirements as a Proposal /Bid Bond.
32. Pre - proposal Conference Site Visits: If a Mandatory Pre - proposal conference is scheduled for this project, all
Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall
be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre - proposal
conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist,
as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete
any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract
with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a
survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and
will not be entitled to any change order due to any such condition. If the survey is provided before the
proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the
survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days
to notify the City of any additional costs required by such conditions and the City shall have the right to reject
the proposal and award the contract to the second most responsive, responsible bidder with the lowest price
or to reject all bids.
33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with
the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders shall be allowed for delays caused by the City, other than for extensions of time to complete
the Work.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a
fully completed Construction Bid Form found on EXHIBIT 3 which is a part of this Solicitation Package.
35, Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City.
36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase
of materials or in anyway in the performance of its contract, if one is awarded, based on race; color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
Thomas F. Pepe
12/10/2015
37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid
proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies,
fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal,
partners, members or stockholders (collectively referred to as "Respondent Debtors "). A bid, proposal or
quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid
in full. No bidder who is in default of any prior contract with the City may have their bid considered until the
default is cured to the satisfaction of the City Manager.
38. Bid Protest Procedure. See attached EXHIBIT 9
39. Evaluation Criteria. If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as N /A.
Thomas F. Pepe
1211 0 /20/5
E
Proposal Submittal Checklist Form
SW 64th Avenue Drainage Improvement Project
RFP #PW2016-19
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified in an addendum to this Solicitation. The response shall include the following items:
X Indemnification and Insurance Documents EXHIBIT 2
x Construction Bid Form EXHIBIT 3
X
Signed Contract Documents (All — including General Conditions
and Supplementary Conditions if attached) EXHIBIT 4, S, &6
X
Performance and Payment Bonds (As a Condition Award. Not
required with Submittal.) EXHIBIT 7 & 8
X
Respondents Qualification Statement
X
List of Proposed Subcontractors and Principal Suppliers
x
Non-Collusion Affidavit
X
Public Entity Crimes and Conflicts of Interest
X
Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
Thomas F. Pepe
1 211 0/201 5
AESPONDENT QUALIFICATION STATEMEAT
SW 64th Avenue Drainage Improvement Project
RFP #PW2016-19
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
1. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last three (3) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price
Thomas F. Pepe
1211012015
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Original Contract Completion Time
(Days): 12 - (D Ida
Original Contract Completion Date: Put c) , 2 0,
Actual Final Contract Completion
3. Current workload
4. The following information shall be attached to the proposal.
a) RESPONDENT's home office organization chart. a tickcf-v2d
-�rb) RESPONDENT's proposed project; organizational chart. 'I(!, 0+_(_CItCIK? (1
c) Resumes of proposed key project personnel, including on-site Superintendent. :!5C'_r a -tt7t eo'
5. List and describe any
Thomas F. Pepe
12/10/2015
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11FAVY91RAY
RAWrMll
Resume of Elliot Eichel,
Education July 2000 to December 2004 - Florida International University; Miami, Florida
4T.RWANN11.9 -- WITMinfig
Minor in Business Management
Program of study comprised of construction related courses such as
Estimating, Construction Surveying, Construction Sitework,
Construction Safety, and Structural Design
Work experience 2004-2005 Williams Paving Co., Inc. Medley, Florida
Accreditations and
licenses ATSSA Intermediate Certified
slip
530• S.W. 148 Avenue * South est Ranches, Fi. 33330 a L954) 434-0358
PROJECT MANAGER
Construction project manager having 11 years of experience ensuring that each construction project occurs according to
schedule and within budgetary guidelines wlthout� sacrificing quality. Backed by a proven history of on-time, On-budget
and high-quality project completions to the satisfaction of the clients.
— FDOT Projects Site SafetylOSHA Compliance — SubcontractorlCrew Supervision
— COUNTY Projects Change Order Management — Microsoft Word and Excel
— Municipal Protects
Employer Summary
WILLIAMS PAVING- CO., fflrilMedley, EL) — gLonstructLon Preicat Mang9gr, 212QO3 tQ Ere5gn
Responsible for the overall project planning, daily scheduling, project accounting, and contract compliance within standards and
specifications.
Project Highlights
I ---
City of Miami: $2,900,929.00 in experience to date
City of Hallandale Beach.- $467,867.00 In experience to date
City of South Miamn $411,000.00 in experience to date
City of Lakes Worth: $189,315.00 in experience to date
City of Coral Gables- $523,450.00 In experience to date
City of Cooper City : $195,000.00 in experience to date
City of Miami : $4,555,000.00 in experience to date
Currently managing 2 Miami Dade County projects With a combined contact value of over 10.5 million
2009 —P SENT WILLIAMS PAVING COMPANY, INC.
SUPERINTENDENT
Sul)ervisioii of all phase of a project from site work to
paving. Experience with all heavy equipment, from dozers
to asphalt pavers.
2003 —2009 WILLIAMS PAVING COMPANY, INC.
FOREMAN
Supervised construction, water-sewer drainage and
concrete construction. Supervised a crew.
1993 —200") WILLIAMS PAVING COMPANY, INC.
LABORER
General Construction duties.
1988-1993 TRIPLE A PLASTERING
ASSISTANT LABORER
General Construction duties.
1986-1987 WILLIAMS PAVING COMPANY, INC.
LABORER
General Construction duties.
o) Bankruptcy filed by or against the Respondent orany predecessor organizations,
W Any arbitration mr civil nr criminal proceedings, or
KL
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
�
c) �ainstthe Respondent in the last five (5)years ��D_
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:
Type of Project: cy�
Thomas F. Pepe
14
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
SW 64th Avenue Drainage Improvement Project
RFP #PW2016-19
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to
0 9NIUR-a. WeNVA UMPTURENIN Ali WAR I NOW ifer-1 juitz-14 •
ff VVI #T- r?wq T-Z
Electrical
Irrigation
Paving
Park Amenities
Graphics
Utilities
Excavation
Building
Structures
Plumbing
Painting
Testing Laboratory
Soil Fumigator
Signs
Other:
I I I
This list shall be provided to the Citv of South Miami by the aDDarent lowest responsive and reSDonsible Bidder
within five (5) business days after Bid Opening.
END • SECTIOP
1 I-
15
STATE OF FLORIDA
(2) He/She[Theyis/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive orsham Proposal;
(4) Neither the said Respondent nor any of its n0cem` punnem, owners, agents, representatives,
employees or parties ininrareyt� including this affiavt, have io any way colluded, conspired, connived
or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly, sought by agreement or collusion, or communicadun, or conference with any
Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, oruo fix any .overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against (Redpient), or any person interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent mr any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
5ignedseuledaodddiveredinchepreoencenf-
STATE OF FLORIDA
ACKNOWLEDGEMENT
COUNTY OrMU\M|~OADE )
On�i�� _,L)_ �|�����n��eundomi�edNo��Pub��d���
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
MARITFAIJ
IN
Personally known to me, or
Personal identification:
Bonded Thru Notary Public Type of Identification Produced
ENA OLIVERA
MYCOMMISSI ON# GG 009319
EXPIRES: July 19, 2020
Thomas F. Pepe
12/10/2015
U
Did take an oath, or
Did Not take an oath.
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods orservices to u 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 a, proposals onleases or real property toa public entity, may not 6= awarded uo perform Work
as u RGSPON[)EWT. Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public
entity, and may not transact business with any public entity in excess nfthe threshold amount Category Two of
Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. Respondents must disclose with their Proposals, the name uf any officer, director, partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
This sworn statement is submitted �f
Q'a rY1(
]L | understand that a "public endtycrbne" as defined in Paragraph 287.133 (|)(g), Florida Statutes
means a violation of any state or federal hum by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to , any bid, proposal or contract for goods or services
to be provided to any blic entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, ormaterial
misrepresentation.
]. | understand that ^`cunvkusd^ or "conviction" as defined in Paragraph 287.133 (|) ( Florida
Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record nmodng to charges brought by indictment or
information after July |.|989\umu result cfa jury verdict, non-jury trial, or entry ofa plea mf guilty or
no|ocontendere.
4. | understand that an~affikate"ms defined in Paragraph 287|33(U(a), Florida Statutes, means:
(a) A predecessor m successor ofa person convicted ofu public entity crime; or
86 An entity under the control of any natural person who is active in the management of the entity
and who has been convicted ufa public entity crime. The term "affi|late^^ includes those officers,
directors, executives, parzne/s, nha,e6u|Jers, emp|oyaeo, memberm, and agents who are active in
Thomas F. Pepe
H
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or proposal or applies to bid or proposal on
contracts for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in management of an
entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
enti7t, submitting this sworn statement. [indicate which statement applies.]
V
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. [attach a copy of the final order.]
Sworn to and subscribed before me this day of
Personally known tx,
OR Produced identification
(Type of identification)
Form PUR 7068 (Rev.06/11/92)
NVIUMN
IAKIJY41i�
M
Notary Public — State of ,I
My commission expires
(Printed, typed or stamped commissioned
name of notary public)
ENA OLIVERA
myc MIAISSION#GG009319
Bonded
EXPIRES: July l9, 2020
Thru Notary Public Underwriters
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace
program, a business shall:
I) Publish a statement notifying employees that the 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.
2)' Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (1).
4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for violation occurring in the workplace no later than five (5) business days
after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign th statement, I certify that this firm complies fully with the above requirements,
RESPUNDENT's Signature:
Print Name:?, -d °'( ft"
Date:
`?
•
t
M#
We, N, ),T (-
o
, (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the SVV"64th Avenue Drainage Improvement Project, RFP #P W2016-19
project as specified have the sole responsibility for compliance with all the requirements of the Federal
Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to
indemnify and hold harmless the City of South Miami and EAC Consulting, Inc. against any and all liability,
claims, damages, losses and expenses they may incur due to the failure of (Sub- contractor's names),,*.
to comply with such act or regulation.
'eolouil-'
'�: S 4 I T-tt
CONTRA ! TOR
Witness
14
BY,,'
Name
Title
Thomas F. Pepe
1 211 0/20 15
ff
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida
Department of Management Services website:
http://www.dms.mAorida.com/business operations /state purchasing /vendor- information/convicted susp
ended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
11 �--W i (hereinafter referred to as the "Declarant") state, under penalty of perjury,
that the following statements are true and correct: gar i
(1) 1 represent the Respondent whose name is
(2) 1 have the following relationship with the Respondent VJIY)J— (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing 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.com/business — operations/state—purchasing/vendor—information/convicted—suspended—di
scriminatory_complaints — vendor — lists
(4) 1 have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
FURTHER DECLARANT SAYETH NOT.
(Print name of Dedlara t) <-
By:
(Signature of Dedara;t)
ACKA04TILIEDGEMEP—T
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On t� is the day of Q 20 before me, the undersigned authority, personally
Thomas F. Pepe
1 2/1 0120 1 5
RELATED PARTY TRANSACTION VERHFUCAlFION
I individually and on behalf of
("Firm") have Name of Re�resentative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics,
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-
(!) neither |nor the Firm have any conflict of interest (as defined in section 8A-|)with regard to the contract or
business that 1, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
CU neither | nor any employees, officers, directors oJ the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A- 1, who is an employee of the City or who is(are)
an appointed or elected official of the City, ur who b(an)a member of any public body created by the City
Commission, �e., ^ board or committee of the (]cy. [while the ethics code ud|| upp|ies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have afinancial interest in the F}rm];and
(3) neither |nor the Firm, nor anyone who has financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i�.spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(m ) with the City or has afinancial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
(if necessary, use ^separate sheet to supply additional information that U not fb on this | however,
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 ofa 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 iunot required tnmakeanindependertinveodQutionasoot6erehationshipcft6osevvho
have .nfinancial interest in the Firm.], and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names:
(if necessary, use a separate sheet tosupply additional information that will not fit on this line, however, you must
make reference, on the above line, tvthe additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly orindirectly, uo interest uf five percent (5Y) pr more of the total assets ofcapital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the executing this form is doing socm behalf ufa firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required cn make un independent investigation avoothe financial interest |n the Firm cfcity
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5)| and the Firm further agree not to use or attempt to use any knowledge, which may
come tuus through our position of trust, or through our performance cf our duties under the terms ofthe
contract with the City, tooecunaaspecu|privi|ege.6ene0t,orexempdon&»roumehes,orothers.VVeagreetbut
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6)i and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person ur agency acting for the City, and that vvehave not appeared in representation cf any third party
before any board, commission or agency of the City within the past two years other than as
Thomas F. Pepe
23
(if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\Purchauing\VendorRegimtra6on |Z�8.|2 RELATED PARTY TRANSACTION VERIFICATION FORM ED.docx
(7) Neither | nor any employees, officers, or directors ofthe Firm, nor any of their immediate family (i.e., as
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; nr(iii)any member of any board oragency of the City other thauas6d|ovv:
(if necessary, use a separate sheet uz supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knmw|edge and he/she im not required oo make anindependent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
8&No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than S% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
0f
necessary, use a separate sheet to supply additional information that will not fit on this line, however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verification inform the
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, ] and the Firm have an obligation this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties tome and the Firm.
(|0A violation pf the of any false information this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made udiligent effort to investigate the matters to which |am attestinghoeinabove and that the statements
made hereina.bove are true-and correct to the best of my knowledge, information and belief.
~
Print Na�rne'& Title.
Thomas F. Pepe
RE
(a)
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute
standard oJ ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
( Definitions. For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
The term ~cmployees^ shall refer uz all other personnel employed by the city.
(7) The term "c000pemuudor/' shall refer co any money, gift, favor, thing ofvalue or financial benefit conferred, mr
cobe conferred, in return for services rendered oruoberendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity ut the time of transacting business with the city.
8H The term "immediate family" shall refer ux the spouse, parents, children, brothers and sisters uf the person
involved.
(|O) The term "transact any business" shall refer uo the purchase ur sale by the city of specific goods nrservices
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered i violation of this subsection shall render the transaction voidable.
Willful violation cf this subsection shall constitute malfeasance inoffice and shall affect forfeiture of office or
position. Nothing io this subsection shall prohibit 'o, make illegal:
(|) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time uotime.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes cf the city commission after 'public hearing upon finding thaz
(1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering,orragistered|andsurveyng,aode0nedbyche|awsofthentateand
pursuant to the provisions nf the Consultants' Competitive Negotiation Acc and when the proposal has been
submitted 6ya city person defined in paragraphs (b)CD^(3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
That the proposed transaction will bein the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation mf this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition ontransacting business with the city.
Thomas F. Pepe
W
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(l) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature;
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of;
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1) or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of - $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for 'local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
Thomas F. Pepe
12110/2015
l
Conflicting employment prohibited.
No person included nthe terms defined )through shall accept other employment which
would i independence uf judgment in the performance cf any public duties.
(j) Prohibition on outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer ur employee of the city from any source other than the city, except as may be permitted asfollows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
tohe performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in b h c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing bythe employee's department head who shall maintain complete record cfsuch
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section | - | | of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.VV and the costs ofinvestigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation orentity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall 6e available ata reasonable time 'and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups nf employees for good cause.
(k) Prohibited investments.
No person included in the terms defined \n paragraphs (b)(1) through u member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(U) Certain appearances and payment prohibited.
(|)No person included in the terms defined in paragraphs (W(i).(S)and(6)akaUappearbeforeunydtyboordor
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought bythe third person. Nor shall
the person receive any compensation gift, directly or indirectly, for services rendered om'u third person, who
has applied for o,im seeking some benefit from the city or city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2)No person included hn the terms defined inparagraphs ) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through onassociate, and make u
presentation on behalf ofa third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to athind party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit inquestion.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest |n any investment, equity, ordebt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(|) through (6) shall acquire a financial interest ina
project, business entity or property ata time 'when the person believes or has reason to believe that the Gnundu|
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is official, officer oremployee.
(0) Recommending professional services.
Thomas F. Pepe
M
No person included in the terms defied in paragraphs (b)( NU may recommend dhe services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required tobe made 6y the duties of
office and \n advance nca public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(|) No person included in the terms defined in paragraphs (b)(|) (S) and (6) shall, for aperiod of two years after
his qrher city service ur employment has ceased, lobby any city official [as defined inparagraphs
(b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect. Nothing i edinchiosubaeodonsho||ppm6ibicanyin6ividuo|fromsubn8c6ngammudne administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental anddes.
entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into u lobbying lobby any city official 1n connection with any subject described in paragraph (p)(|)/n
which the city orone of its agencies i or has any direct and substantial interest; and in which heu,she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering uf advice, investigation, or otherwise, during his or her city service or
employment person pardcipa$y "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of cki b ob do not preclude thepeoonEromlobbying city officials.
5 who violates this subsection shall be subject rm the penalties provided iv section OA~2(p).
attorney tm render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(e)isin
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who rendersaervicespothedcyisindou6taaoxcheapp|icobUhyuft6eord)nnncerhat
person, may submit to the city attorney a full written statement ofthe facts and questions. The city attorney skuU
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use ofuname.
them with new §§
8A- I and 8A-2. Former §§ 8A- I and 8A-2 pertained to declaration of policy and definitions, respectively, and
PTV
PRESENTATION TEAM
Tfl? TFREJAM
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to
avoid the need to register members of your presentation team as lobbyists, Pursuant to City Ordinance
28-14-2206 (c)(9), any person who appears as a representative for an individual • firm for an oral
presentation before a City certification, evaluation, selection, technical review or similar committee,
shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The
affidavit shall be filed by staff with the ClerWs office at the time the committee's proposal is submitted to
the City Manager. For the purpose of this subsection only, the listed members of the presentation
teami 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 • she is registered with the City Clerk's office as a lobbyist and has paid all
applicable lobbyist registration fees. J
r)
Pursuant to 92.525(2), Florida Statutes, the undersigned, K V1 Vi6 L�C 2— makes the following
declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone
unless he or she has been listed as part of the firm's presentation team pursuant to this
�ara, ra h or unless he or she is re istered with the Clerk's office as a lobbrdst and has 7,aid
--Il applicable lobbyist registration fees.
NAME TITLE
d en
uVi `> 1A I
�-j OL v I e r 6 cy) D
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to
pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the
time the committee's proposal is submitted to the City as part of the procurement process.
Thomas F. Pepe
12/1012015
&I
NOTICE • AWARD
S-W 1-4h JT-6nage
RFP #PW2016-19
The City has considered the Proposal submitted by your firm for the SW 64th Avenue Drainage
Improvement Project, RFIP #P W2016-19 in response to its advertisement for Request for Proposal and
Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the SW 64th Avenue Drainage
Improvement Project, RFP #PW2016-19 in the lump sum amount of broken
down as follows:
Base Proposal:
Alternate #I:
Alternate #2:
Alternate #3:
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required Performance Bond, Payment Bond, and insurance documents (see Proposal
Submittal Checklist Form) within ten (10) day from the date of this notice to you.
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY shall have the right
and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be
approved by the City Commission before it is binding on the City.
No
Steven Alexander
City Manager
Dated this _ day of _,20—
ACCEPTANCE OF NOTICE
On this the _ day of 20
No
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager.
Thomas F. Pepe
12/10/2015
30
ffl.. •. -
PUBLIC CONSTRUCTION CONTRACT
RFP #PW2016-19
TO: DATE:
PROJECT DESCRIPTION: SW 64th Avenue Drainage Improvement Project, RFP #PW2016-19
in accordance with Plans and specifications, if any, as may be prepared in whole or in part by CONSULTANT,
referenced in the Supplementary Conditions and Contract Documents.
You are hereby notified to commence Work in accordance with the Contract dated on or before
. You are to complete the work within 90 calendar days. The date of completion of all Work is
therefore 20
City of South Miami
BY:
(print name)
City Manager, or designee
Receipt of the above Notice to Proceed is hereby acknowledged by
on this - day • 20
1.31
fim
Thomas F. Pepe
12/10/2015
31
wcope of Services & Schedule of Values/Summary of Quantitie:,-!
SW 64t' Avenue Drainage Improvement Project
Scope of work involves performing drainage and road improvements within the City of South Miami
Work shall comply with applicable standards, including but not limited oo the FDOT and the Miami Dade
County Public Works standards. Work covered under this contract shall also include and is not limited to
maintenance of traffic, off duty Police officer, drainage, milling, clearing & grubbing, asphalt placement, and
striping.
The construction i,cobe performed per specifications and the construction documents of5yY64'Avenue
(Twin Lakes Drive) Drainage Improvements, prepared by EAC Consulting, Inc., Exhibit (, Attachment C.
This indudea, but is not limited *o, the furnishing of all |abor, muteMa|, tuu|s, equipment, machinery,
disposal of all materials, superintendence and services necessary for the completion of the construction of
the project.
The awarded vendor must obtain any permits required. The City will waive all City permit fees. Permits
that may be required by ocher .agencies will be the responsibility of the awarded vendor, including
applicable fees.
Off duty Police officers will be required for lane closures. An allowance will be provided for 80 hours of
off duty Police officers. The off-duty Police officer hours item is an estimate, Selected contractor will be
required to apply for a right of way permit, during which time Police will evaluate the MOT plan and
assess if an off-duty police officer will be required. If the contractor believes that more than 8O hours are
required for this the contractor ohoU adjust the quantities and total cost for this item in the
proposal. If the number of hours required is less than the proposed number of hours, the difference shall
6e credited to the City.
Work activity is limited to the hours from 7*00 a.m. through 8:00 p.m., on weekdays from
Monday through Friday. The proposal shall include an alternate price, unless included in the
general contract price, for performing the work after normal working hours. If no alternative
price is provided with the prnpouz|, it shall be an unrebuttab|e presumption that the contract price
includes work performed after normal working hours whenever requested by the City Manager.
Site Locations:
The project is located on SW 64' Avenue, between SW 56' Street and SW 58' Terrace, as shown inthe
exhibit titled Exhibit 1, Attachment C, "Construction Plans and Site Locations."
Values utilized for the purpose of this RFP are approximate. Contractor is responsible to verify the areas,
and quantities as per the limits defined by the exhibits.
WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS T0 PROVIDE ALUKAP
sUKD^
w
REFER TO EXHIBIT 3 "CONSTRUCTION BID FORM." THE CITY WILL AWARD THE ENTIRE
PROJECT TO A SINGLE CONTRACTOR BASED ON THE LUMP SUM AMOUNT
SUBMITTED.
Plans prepared by EAC Consulting, Inc., titled "SW 64h Avenue (Twin Lakes Drive) Drainage Improvements,"
Exhibit 1, Attachment C, "Construction Plans and Site Locations," are a part of this RFP byway
of reference.
The current estimate to complete construction of the project is 60 calendar days substantial
completion. Thermoplastic paint shall be installed 30 calendar days after substantial completion. 90
total calendar days to final completion from issuance of Notice to Proceed.
Liquidated Damages shall be paid by the Contractor at the rate of $ 1,000.00 dollars per day, plus any
monies paid by the Owner to the Consultant, if any, for additional engineering and inspection services, if
any, associated with such delay.
V. Warranty:
The standard manufacturer's warranty information must be provided in writing for all equipment being
proposed, including installation by an authorized dealer.
Thomas F. Pepe
12/1012015
33
1 1
"Attachment B"
9chedule of w •
SW 64 lh Avenue Drainage Improvement Projec
RFP f
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Insurance & Indemnification Requirements
1.01 Insurance
A. Without limiting its liability, the contractor, consultant orconsulting firm (hereinafter referred to as
"F|KM''with regard u» Insurance and Indemnification requirements) shall be required u» procure and
maintain at its own expense during the life of the Contract, insurance nf the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out ofor result from the
contract o, the performance of the contract with the City o7 South Miami, whether such claim isagainst
the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may beliable.
B. Nu insurance required bythe CITY shall 6e issued or written bya surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, o anyone for whose acts any nf them may beliable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable uz the Work
»obe performed; claims for damages because of bodily injury, occupational sickness or disease, or
death of the HRMrs employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the F|RM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than um the Work itself, because of injury cuor
destruction oftangible property, including loss cf use resulting therefrom; (� claims for damages because
of bodily injury, death of person or property damage arising out of ownership, maintenance or use of
motor vehicle; claims for bodily injury orproperty damage arising out mf | d operations; and
(6)deimsinvo|�ngcontn�cua| liability insurance appK�
cabootheF|K��'sob|' -on,ondercheConcract.
1l2 FIRM shall pmv�emdm�n�n��r��de�c u�|uUthe YVo�uo
beper�rmed under this Contract has been completed anducceptedby{]TY(or6mrxuchduradonnmisothenvse
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
|/B at the statutory amount aycnall employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter #O.Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. |n addition, the policy A :Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels rfWorker's Compensation Insurance.
1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severabi|ity of interest with
cross liability provision, and personal injury and property damage liability with limits of $ 1,000,000 combined single
limit per occurrence and $2,00&0UO aggregate, indvding:
° Personal Injury: $1.000,000;
~ Medical Insurance: $5,000 per person;
~ Property Damage: $5UO.8OO each occurrence;
1.05 ' Umbrella Commercial Comprehensive General Liability insurance shall be written on a F|ohdaappnoxed
form v'itthe same coverage us the primary insurance policy but in the amount cf $!,OOOJJUV per claim and
$2^00000 Annual must be afforded ona form nn more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed 6y the Insurance Services
Office, and must include:
(a) Premises and Operation
( Independent Contractors
(c) Products and/or Completed Operations Hazard
Thomas F.Pepe
M
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(8 Broad Form Contractual Coverage applicable ou this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal un those required for Bodily Injury Liability and Property Damage Liability.
1.06 Business Automobile Liability with minimum limits of One Million Dollars ($|.00O,0OO.UD) plus un
additional One Million Dollar ($ 1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the
state of Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) Employers' Non-Ownership
1.07 The FIRM agrees that if any part of the Work under the Contract isao6|et�the
subcontract shall contain the same insurance provision ms set forth in section 5.| above and 5.4 below and
substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where
applicable.
|1m Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. |n the event that this contract involves the construction ofa structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a' part of said buildings orstructures. The policy or policies shall also cover
machinery, if the cost of machinery |s included 1nthe Contract, orif the machinery is located |nabuilding
that is being renovated by reason of this contract. The amount of insurance must, mt all times, 6eatleast
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
Subcontractorapmrformin- VVork.
B. All of the provisions set forth in Section S.4 herein below shall apply uo this coverage unless it would be
clearly not applicable.
1.09 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall 6e responsible for securing other acceptable insurance prior cosuch cancellation, change, or
expiration eoasuo provide continuous coverage aa specified inthis section and mo aouumaintain
coverage during the life cf this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, inu
form satisfactory co the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City ux provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable uo the CITY, as well us the insurance binder, if one iu 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.VI1 or better per A.M. Best!s Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may ba required 6y the CITY, nt its sole discretion, to provide m "certified copy" ofthe
Policy (as defined in Article | 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:
(|) a policy provision or an endorsement with substantially similar provisions as follows:
Thomas F. Pepe
45
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of 'bodily injvn/`.'property
damage', or "personal and advertising injury" and it will provide to the City all nf the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B^;
CD a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not 6ecancelled (including cancellation for non-payment ofpremium).
terminated or materially modified without first giving the City of South Miami ten (|O)days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall 6edelivered to the City by certified mail, with
proof mf delivery to the Clty.°
E K the FIRM bproviding 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 prnfeogooa|UabiUty|noumnceowaFloridaapprovadformiotheamountof
$|.D8O.OQO with deductible per claim if any, not to exceed 55& of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase G Project Professional Liability Insurance, inthe
amount and under the terms specified above, which i, also acceptable. No insurance shall be issued byu
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
A. The Contractor accepts and voluntarily incurs all risks mf any injuries, damages, harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor nr anyone acting through oron behalf cf the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, empluyees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments orcost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there uz and incurred prior to, during mrfollowing any litigation, mediation, arbitration and ozall
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 or damage to any
property arising out uf^ negligent error, omission, misconduct, or any gross negligence, intentional act orharmful
conduct o[ the Contractor, its contractor/subcontractor ur any mf their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through oron behalf cf any cf them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss ofthe CITY and/or its affected officers, dfi|imes.employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident uo
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
Q. The Contractor agrees and recognizes that neither the CITY nor its officers, affi|iates.employees,
successors and assigns shall 6e held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
`
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
oron behalf of the them, and arising out oforconcerning the work orevent that is occurring on the OTY's
property. |nreview1n& approving nrceiecdng any submissions pra�zof the Cunt�zoor,OTTinno way assumes
orgha�s�spon�b|l- or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, assigns, anyone acting through oron behalf ofthem.
E The Contractor has the duty om provide u defense with an attorney arlaw firm approved by the City
cf South Miami, which approval will not be unreasonably withheld.
Thomas F.Pepe
0
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees; is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
Thomas F. Pepe
12/10/2015
l • f 1
47
EXHIBIT 3
Steven Alexander
City Manager
City of South i
6130 Sunset Drive
South Miami, FIL 33143
L If this Proposal is accepted, the undersigned Respondent agrees to enter into aContract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as
specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services) for the
Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and
conditions oJthe Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, i/ required. This
Proposal will remain subject to acceptance for |0O calendar days after the day of the Proposal Opening.
The Respondent, 6y signing and submitting this proposal, agrees uo all of the terms and conditions nfthe
form of contract that ima part of the Solicitation package with appropriate changes tu conform cothe
information contained i^ this Bid Form. Respondent agrees to sign and submit the Bonds, K required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3` |n submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and ofthe following Addenda, if any
(receipt pf all which is hereby ackoow|edXed]
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that )nany manner may affect cost,
progress, performance orfurnishing of the Work
c Subsurface conditions: || applicable oo this Solicitation, the Respondent represents that:
L Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and
drawings of physical conditions.
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such exam«nahons, investigations, explorations, tests and studies in addition to or to
supplement those referred to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work ot
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests, reports or similar information or data are, or will, be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
z pre-bid marking of the construction site by any or all u6|iq/ companies shall create an irrefutable
presumption that the Respondent's bid, or proposal price, has taken into consideration all possible
underground conditions and Respondent, iF awarded the contract, shall not be entitled toochange
order for any such condition discovered thereafter.
iii. Respondent has correlated the rsuu|u« of all such observations, examinadons, investigations,
explorations, tests, reports and 'studies with the terms and conditions ofthe Contract 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 p.Pepe
M
at or contiguous to the site and assumes responsibility for the accurate location of all Underground
Facilities and conditions that may affect the Work. No additional examinations, investigations,
explorations, similar information or data |" respect uo any Underground Facilities or
conditions are, or will be, required by Respondent in order to perform and furnish the Work at the
Conti-act Price, within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents unless the Proposal specifically sn,ce, that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the cost o/the
Work and unless the respondent makes a written request to the City for additional information
prior no submitting the bid "r proposal as required in subsection iiabove,
d. Respondent has given the City ,vhu=v notice of all conmccs, errors or discrepancies that it has
discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found
and notice gy,=o. the Respondent represents, by submitting its proposal to the City, that the
Respondent has received sufficient notice oythe resolution thereof from the City, that such resolution
is acceptable no Respondent and that the Respondent waives any claim regarding the conflicts, errors or
discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
orgpnizodpn, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent opsubmit a false or sham Proposal; Respondent has not solicited or induced any person,
firm or corporation no refrain from responding, and Respondent has not sought by collusion or
otherwise o obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and
install all of the Work complete and in place. The Schedule of Values, if required, is provided for the
purpose of Proposal Evaluation and when initiated 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 to result in u
deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the
Work after the Contract Date. As such, the Respondent shall furnish all labor, mateda|s, equipment,
tools, superintendence and services necessary 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
in an exhibit to this Solicitation, such proposal must be attached to this Construction Bid Form
and will take the place of the Lump Sum Price, otherwise, the Contract Price for the
completed work | follows; for Work activity limited to th hours from 700 a.m. through
6:00 p.m., on weekdays fro Mond , y through Friday-
-MASE PRICE: E;J)LhJrd-ed dollar _cents
NOTE: Proposal shall include an alternate price. unless included in the general contract
price, for performing the work after normal working hours:
If no alternative price is provided with the proposal, it sbo// be on vn,ebuua6/a
presumption that the contract price includes work performed after normal working hours
whenever requested by the City Manager.
Alternate: #\$ dollars and —cents
A fee breakdown for each task included in the turrip sum contract price, if applicable, must be provided. Failure to
provide this information shall render the proposal n�responsive.
6. The ENTIRE WORK shall be completed in full, within from the commencement date
set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time
period shall result in the assessment of liquidated damages as may be set forth in the Contract.
6. Insert the following information for future communication with you concerning this Proposal:
ThomoF.pepe
49
Address:
Telephone:
Facsimile:
Contact Person
^V')--i'~
l��-3 /7�
l The terms used in this Proposal which are defined in the Contract shall have the same meaning as is
assigned cn them inthe Contract Documents, unless specifically defined in this Solicitation Package.
8. Ifacost &technical proposal is required by the Solicitation, Respondent hereby certifies that all of the
facts and responses uz the questions posed in the cost &techn|cd proposal, i/ such an exhibit ismade
xpart of the Solicitation, are true and correct and are hereby adopted as part of this Construction Bid
Form, and are made a part of this proposal, by reference.
9. Bf submitting this proposal, |.nn behalf cJ the business that ! represent, hereby agree to the terms of the
form of contract contained inthe Solicitation package and | agree tobe bound by those terms, with any
appropriate blank 6oxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this prmposa|, or such information that the City and | have
agreed upon in the course of contract negotiations and which have been confirmed 6y the City inwriting,
including e-mail con0rmation, if any. | hereby certify under penalty of perjury that | am the |xwfv|
representative of the business entity referenced in this Bid Form, that | have authority to bid for that
entity and that all of the information and representations contained herein are true and correct to the
best oYnny information an66eUef.
SUBMITTED THIS DAY OF
PROPOSALSUB ED BY:
Title
��
�AMNIVAIIIIIIE-|
THIS CONTRACT was made and entered into on this day of 20 by
and between (hereafter referred uuas
"Contractor"), and the City of South Miami (hereafter referred to as "Owner"), through its City Manager (hereafter
referred to as "City").
yV[TNE3ETB:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
|. The Contractor shall furnish all hbmn materials, equipment, mucNnery, 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 oons the Work.
2. The Contract Documents xkaU include this Contract, Genera( Conditions to the Contract, if any, the
Jraw|ngs, plans, specifications and project manual, if any, any supplementary or special oondi8onm, other
documents referring to this contract and signed by the pordes, the solicitation documents ("hereinafter
referred to as "Bid Documents") and any documents to which those documents refer which are used by
the Owner ns well un any attachments or exhibits that are made a part of any cf the documents described
herein.
3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject
to additions and deductions as provided in the Contract Documents and any properly approved, written
change orders. in lawful money of the United Statey, the amount O[ (Spell Dollar Amount ^""o
Dollars ($_______0U \. Lump Sum ("Contract
Price').
5. The expenses cf per-forming Work after regular working hmurs, and on Sunday and legal holidays shall be
included in the Contract Price. The City may demand, ou 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 omdays
and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in
writing 6y the City.
6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month 6y the Contractor, less the reminoge (all as provided for inthe Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all |abor, mateha|, and
other costs incurred by the Contractor in connection with the construction of the Work have been paid in
6uU, and after compliance with the terms for payment provided for in the Contract Documents, Mmd
payment on account of this Contract shall be made within sixty (60) calendar days after the completion by
the Contractor of all Work covered bythis Contract and the acceptance of such Work by the Owner.
8. The Work shall be completed in 90 calendar days. In the event that the Contractor shall fail to
complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit
agreed upon, ib accordance with the procedure as more particularly set forth inthe Contract Documents,
liquidated damages shall be paid by the Contractor at the rate of plus any
monies paid by the Owner to the Consultant, .)fany, for additional engineering and inspection oervices, if
any, associated with such delay.
Thomas F. Pepe
X
9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond
("Bomd")isrequired and if, at any time after the execution of this Contract and the Bond for its faithful
performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be
unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the
Work or payment to subcontractors and suppliers, the Contractor shaU, at its expense within five (S)
business days after the receipt ofnotice from the []ry *r to do. furnish an additional bond qrbonds in
such form and amount and with such Surety or Sureties as shall be satisfactory to the City. |n such event,
nu further payment to the Contractor shall be deemed tobe due under this Contract until such new ur
additional security for the faithful performance of the Work is furnished in the manner and in the form
satisfactory to the City.
10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of
the work, by appropriate action 6y the City and in accordance with the Contract Documents.
11. The date that this contract was "made and entered into" and its effective date is the date that the contract is
the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then
the Effective Date io the date of the resolution approving the Contract whichever is the later date.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth
next mo 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.
Print Signatory's Name:
Title of Signatory:
Signature: Signature:
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved ooto Form, Language,
Legality, and Execution Thereof.
Signature:
City Attorney
M
EXHIBIT 5
SW 64th Avenue Drainage Improvement Project
GENERAL CONDITIONS
Whenever used in these General Conditions orin the other Contract Documents, the following terms shall have
the meaning indicated. These definitions shall always apply when the section ofthe Contract specifically refers oo
this Article for the purpose of interpreting a word or group of words in that section of the Contract Document,
Hmwever, when the section of the Contract, where the word to be defined d does not specifically
this Article to define the word or �group pf words, the definitions contained in this Article shall not apply unless
the word or group cf words, in the context of itor their use in the Contract Document |n question, is/are
ambiguous and open for interpretation. In addidon, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, clarifications or correction.
Application for Payment: A form approved by the C(}NSULTANT, if any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments.
Bbd: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and ocher
terms for the Work oobeperformed.
Bidder: Any person, firm or corporation submitting response to the Owner's solicitation for proposals or bids
for Work.
Bid Documents: The solicitation for bids or proposals and all documents that make op the solicitation including
the instructions, form of documents and affidavits.
Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of Florida.
Change Order: A written order to the CONTRACTOR signed by the City Manager authorizing oddidon,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after
execution oT the Contract
Work Order Proposals: Written proposals from the CONTRACTOR in response oo orders or request for work
based on the Scope uf the Work provided 6ythe City tu the CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations, and the timeframe for completing the work.
CD]: The City Manager for the City of South Miami, 6130 Sunset Drive, South M)ani, FL 33143. unless the
context wherein the word is used should more appropriately mean the City of South Miami.
Construction Observer: An authorized representative nf the CONSULTANT, if any, or otherwise a
representative of the City assigned to observe theYyorkperfbnne6andmao*ria|s6'rnishedbyt6e
CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract ao
well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the
General Conditions, Special Conditions, if any, any Supplementary Condidons.t6eTechnica|3peci800ions,
Drawings, including any incorporated spedGcadnno, addenda tothe drawings issued prior to execution of
Contract, Change Orders, Construction Change Directives and any written order for a minor change inthe
YVork, and written modifications to any of the Contract Documents.
Contract Price: The total moneys payable to the CONTRACTOR pursuant tm the terms of the Contract
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the OWNER.
The person, firm or corporation with whom the OWNER has executed the Contract.
The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
CITY's designated representative as identified in the Supplementary Conditions.
Pa)L. A period of measured from the beginning of the day ac |2:O|a,m, and it shall bepresumed
to6ea calendar day unless specifically designated aaa business day.
Thomas F.Pepe
I&,
Days: The number of twenty -four (24) hour periods following the event to which the word "days" refers
commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of
final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that
are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and
equipment furnished under the Contract that are not good quality and new unless otherwise required or
permitted by the Contract Documents.
Drawines: The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and
are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order
signed by both parties, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance
with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Non - conforming Work means work that does not conform to the Contract Documents and includes work that is
unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference
standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or
work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by CITY).
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with
the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract
to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the
date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its
obligations under the Contract Documents.
Person: An individual or legal entity.
Project The entire construction operation being performed as delineated in the Contract Documents.
Policy: The term "policy" as used in the Contract Documents shall mean the insurance binder, if it is issued, the
declaration page of the policy and the body of the policy, . including all endorsements.
REP: Request for Proposal.
Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment,
material or some portion of the work and as required by the Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a
certified part thereof is sufficiently completed, in accordance with the - Contract Documents, so that the Project, or
a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree, other than for the repair of minor "punch list" items, or if there be no such certification, the date
when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
54
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally robeconsidered by the City to be minor "punch list" work.
Supplier. Any person ororganization who supplies materials or equipment for the Work, including the fabrication
ofan item, but who does not perform labor acthe site of the Work.
Surety: The individual or entity who isanobligor ona Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project.
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion
of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm orpr
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or
corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated io writing, any notice uoor demand upon the OWNER under this Contract shall be delivered co the City
Manager and the CONSULTANT.
Award:
Z| The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded
by the CITY no the lowest responsive and responsible Bidder. NuNotice cf Award shall 6= given until the
CITY has concluded its investigation, as it deems neceszary, to establish, no the satisfaction of the C1TY,
which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the
time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may
also take into consideration alternate and uo|c p6cey, if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (9O) day after opening ofBids.
Execution of Contract:
Zl At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of
Insurance, the Policy of Insurance required by the Contract Documents, the written notice ofdesignated
supervisor nr superintendent us provided in Section &.| of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY within ten (|O) calendar days of receipt of the Notice ofAward. A Contract Document that
requires th signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document
Forfeiture of Bid Security/Performance and Payment Bond, if any are reouired by the oDDlkableRFP:
23 Within ten (|0calendar days of being notified of the Award, shall furnish uPerformance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant
co this Project. Each Bond shall 6e with a Surety company whose qualifications meet the
requirements of Sections 2.3.4.2.3.S. and 2.3,&.
2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance of the Work
with the liability equal to one hundred percent (|00%)uf the Contract Sum.
2.].] Pursuant oo the requirements of Section 2S5.O5(|), Florida Statutes, CONTRACTOR shall ensure
that the 8 referenced | be recorded in the public records of Miami-Dade County
and provide CITY with evidence of such recording.
2.34 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety, having a resident .agent |nthe State of Florida and having been in business with arecord
cf successful continuous operation for a least five (5)years.
Thomas F.Pepe
55
2�.5 The surety company shall hold acurrent certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY shall only he required oo accept a surety bond from acompany with n rating A. VII or
better,
2.37 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
Contractor's Pre-Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent ofthe Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with-the
requirements of the Contract .Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations asit deems necessary for the performance of the
Work reflected 1n the Contract Documents and that he has correlated the results of all such data with
the requirements of the Contract Documents.
Commencement of Contract Time:
2_6 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences tprun. No Work shall 6e done at the defined inArticle |)^ prior to
the date on which the Contract Time commences to run, except with the written consent of the CITY.
Before Starting Construction:
2.7 Before undertaking och part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither the OWNER nor the CONSULTANT shall be liable for any
harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error,
or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitled to any
compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error,
or' discrepancy in the Contract Documents.
Schedule of Completion:
2.8 Within Five (S) 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 th nj and completion dates of the various of the Work, and a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions
thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR
involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided in the Special Conditions.
29 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work at the site, a pre-construction conference shall be held to review the above
schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment, and to establish a working understanding between the parties as to the
Project. Present at the conference will bo the CITYSrepresentative, CONSULTANT, Resident Project
Representatives, CONTRACTOR and its Superintendent.
Qualifications of Subcontractors, Material men and Suppliers.
I.|D Within five (s) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names cf Subcontractors
and such other persons and organizations (including those who are to furnish principal items of materials
or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and
Thomas F.Pepe
56
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 po any Subcontractor, person,
or organization on such list. The failure o( the CITY or the CONSULTANT tu make objection toany
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 o[ the Contract Documents.
2.11 If, prior u» the Notice oy Award, the CITY orthe CONSULTANT has reasonable objection omany
Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without un increase ip its bid price.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
robe used in the performance m< the Work.
ARTICLE 3—CORRIELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings describe acomplete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between the OWNER and the CONTRACTOR. They may bp altered only bya modification as defined in
Article 1.
3.2 The Contract Documents are complementary; what is called for by one im^a binding as if called for byall
the documents. |f CONTRACTOR finds v conflict, error or discrepancy in the Contract Documenmic
shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's
attention in writing. The various Contract Documents are complementary; in case of conflict, error or
discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to
the Owner shall apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, ma specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3,5 The Work 'cf all trades under this Contract shall 6e coordinated by the CONTRACTOR in such a
manner ay obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. |f the CONTRACTOR is prevented from complying with this provision due to the Drawings or
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such
limitations before proceeding with construction in the area where the problem exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given *o codes, or standard specifications or
other data published by regulating agencies or accepted organizations, including but not limited oo
National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications,
A3TM Specifications, various institute 'specifications, and the like, it shall be understood that such
reference isuo the latest edition including addenda in effect on the date ofthe Bid.
3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality
required for the particular material orproduct. The term ''equa|"or"equiva|ent', when used in
conne cti on with b brand names, shall interpreted to mean or ro6uctthat is similar and equal
in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material
or product specified 6y trade name, and that is suitable for the same use capable of performing the same
Thomas F.Pepe
57
function, |n the opinion my the CONSULTANT, ux the material or product sospecified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Wurk a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal", the CONTRACTOR shall use the brand, make and model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
]~|O All technical interpretations shal|bema6e6ycheCDNSULTANTassethorthinSecdon9.3be|ow.
3.11 The CONTRACTOR shall have advised the CONSULTANT, prior uoperforming any work involving a
conflict in the Contract Documents and the CONSULTANT shall make the final decision nxcowhich of
the documents shall take precedence. |n the event that there isa conflict between mr among the
Contract Documents, only the latest version shall apply and the latest version of the Contract
Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These
documents are set forth below iv the order mf their precedence so that all the documents listed above a
given document should have precedence over all the documents listed below it.
(a) Change Orders
(b) Amendments/addenda toContract
( Supplementary Conditions, ifany
Contract with all Exhibits thereto
(e) General Conditions
U0 Written or figured dimensions
(g) Scaled dimensions
(h) Drawings ofa larger scale
Drawings ofa smaller scale
(i) Drawings and Specifications are to be considered complementary to each other
Availabilij�X of Lands:
4.1 The OWNER shall furnish, as indicated inthe Contract Documents, the lands upon which the Work isto
be done, rights-of-wny for access thereto, and such other lands which are designed for the use ofthe
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other
access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of
the CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will, upon request, furnish to the Bidders, copies cf all available boundary surveys `and
subsurface tests utnocost.
Subsurface Conditions:
43 The CONTRACTOR acknowledges that ha has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal, handling and storage of materials, availability of labor, electric roads and
uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an inspection of the site,
including all exploratory work done by the OWNER/ CONSULTANT on the site or any contiguous site,
um well ms from information presented 6y the Drawings and S dGcwimnsmaJepurtcfthisContraztor
any other information made available toic prior to receipt mfbids. Any failure by the CONTRACTOR um
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 nm responsibility 'for any
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER/ CONSULTANT.
Thomas nPepe
M
4.4 The CONTRACTOR shall within forty-eight (4G) hours cf its discovery, and before such conditions are
disturbed, notify the CITY in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and
4.4.2 Unknown physical conditions at the site, ofan unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of, or the time required for, performance of any part of the Work under this Contract, an
equitable adjustment shall be made and the Contract modified in writing rd
4,5 No claim c6 the CONTRACTOR under this clause shall b= allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by
the CITY, but only if done in writing signed 6y the City Manager or the CONSULTANT.
ARTICLE 5 — INSURANCE Contractor shall comply with the insurance requirements set forth in the
Supplementary Conditions cothe Contract.
Supervision and Superintendence:
&i The CONTRACTOR shall It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shall bedesignated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the
site. The Supervisor mrso designated shall have full authority to act pvbehalf of the CONTRACTOR and
all communications given tothe Supervisor shall 6eas binding um|( given to the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work. (Copies of written communications gi°entu the Supervisor shall be mailed to
the CONTRACTOR'S home pfGce).
8^1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drmwingp, Addenda,
Modifications and Shop Drawings at the site ^t all times and in good order 'and annotated toshow
all changes made during the construction process. These shall be available co the CONSULTANT
and any CITY Representative ot all reasonable times. A set uf^Aa Bui(t^drawings.as*e||asdbe
original Specifications, Drawings/Addenda, Modifications and Shop Drawings with annotations,
shall be made available to the City at all times and it shall be delivered to the CITY upon
completion of the Project.
Labor, Materials and Equipment:
6.2 The CONTRACTOR shall provide competent, suitably qualified personnel oo lay out the Work and
perform construction as required bythe Contract Documents. {t shall ot all times maintain good
discipline and order site.
6.3 The CONTRACTOR shall furnish all materials, equipment, |aboctmmqpurumion,conacrucdonequipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing, initial operation and completion of
the Work.
6'4 All materials and equipment shall be new, except as otherwise provided in the .Contract
Documents. When special make r grades of material which are normally packaged by the supplier or
manufacturer are specified mr approved, such materials shall be delivered to the site in their original
packages or containers with seals unbroken and labels intact.
65 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as
otherwise provided in the Contract Documents.
Work, Materials, Equipment, Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
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Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.61 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 beconsidered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment of equal substance and function for
those referred ooin the Contract Documents by reference »o brand name or catalog number, and
if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
6y the CONTRACTOR. Incidental changes ur extra component parts required roaccommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval nf the CONSULTANT
who shall be the judge of'quality.
6.63 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension mJ construction time.
6.6/4 Should any Work or materials, equipment or products not conform to requirements of the
Drawings and Specifications orbecomedamagedduring the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged by such alterations,
oc any time before completion and acceptance of the Project. All such Work shall 6e done atthe
expense of the CONTRACTOR.
6.6.5 Wo materials or supplies for the Work shall be purchased bythe CONTRACTOR orany
Subcontractor subject to any 'chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title mm all materials and supplies used 6y them in the Work.
6.6.6 Non-conforming Work: The City ofSouth Miami may withhold acceptance of, or reject items
which are found upon examination, not uzmeet the specification requirements or conform vmthe
plans and drawings. Upon written notification of rejection, items shall be removed nruninupa|ed
within five (5) business days by the CONTRACTOR at his own expense and redelivered and/or
reinstalled ut 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 uf them osits own property
and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind
for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in
the CONTRACTOR 'being found indefault.
6.6.7 |n case cf default 6y the CONTRACTOR, the City oFSouth Miami may procure the articles or
services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned urincurred thereby.
6.68 The CITY reserves the right, in the event the CONTRACTOR cannot provide anitem(s)or
service(s) timely manner us requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent uf the Contract.
Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT
determines 'that there is good cause for doing so.
6.8 The CONTRACTOR shall 6= fully responsible for all acts and omissions u{ its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed bythem. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having direct contract with CONTRACTOR, nor shall it create any obligation on the part
oF OWNER ur CONSULTANT tm pay or to see oo payment of any subcontractor o other n or
organization, except as may otherwise be required 6ylaw. CITY or CONSULTANT may furnish toany
Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to
the CONTRACTOR on account of specified Work done in accordance with the schedule values.
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6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the OWNER.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12,1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR
if and when directed by the CONSULTANT in writing.
6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of the
terms of the subcontract, including the hiring and retention of employees for the performance of Work
that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex,
age, sexual orientation, familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
Patent Fees and Royalties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including attorney's
fees) arising out of any infringement of such rights during or after the completion of the Work, and shall
defend all such claims in connection with any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responsible for determining the application of patent and /or royalty rights
as to any materials, appliances, articles or systems prior to bidding. However, he shall not be responsible
for such determination on systems which do not involve purchase by them of materials, appliances and
articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the
CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
Electrical Power and Lighting
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be
61
contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT,
it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain
that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
Discrimination:
6.|7ANo action shall betaken 6y the Contractor with regard uo the fulfilment of the terms ef the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
against any person oo the basis of race, color, creed, reHgion.national origin, sex, age, sexual orientation,
familial status or disability.
Taxes:
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
8`19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials mrequipment tobe incorporated therein, whether in storage onor
off the site, and
6.19.3 Other property ac the site or adjacent thereto, including trees, shrubs, lawns, walks, povements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course ofconstruction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention ofaccidents. This person shall 6ethe CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR tn the CITY.
Emergencies:
6^21 |n emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is
obligated to act, ot his discretion, *o prevent threatened damage, injury o,loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. |f the CONTRACTOR believes that additional Work done byhim
inanemergency which arose from causes beyond his control entitles him to an increase in the Contract
Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and
12.
Shop Drawings and SaMDles:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit rmthe
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six
(6) copies (or .at the CONSULTANT option, one reproducible Shop Drawings, which shall
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
shall be complete with respect to dimensions, design criteria, materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness aato
cause no delay 1n Work, all samples required by the Contract Documents.
All samples shall have been checked 6y and stamped with the approval o/ the CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements o[ the Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall 6e only for conformance with the design concept of the Project and for compliance with the
information given ih the Contract Documents. The review ofa separate item au such will not indicate
review of the assembly io which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corrected copies of Shop
Drawings and resubmit new samples until the review is satisfactory uothe CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, in writing, cf any prior Shop Drawing 'or revisions to
Thomas F. Pepe
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Shop Drawings that are in conflict with each submission or re-submission. The stamp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility
for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements uf the Work and the Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each
approved sample shall be kept in good order, in a book or binder, in chronological order or in such other
order required 6yrheC(1NSULTANTinvvriting,bycke[ONTRACTC}R at the site and shall beavailable
co the CONSULTANT.
6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, )n writing, to each deviation ut the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its
failure tonotify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings orsamples.
Cleaning Up:
6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the
OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material
and rubbish as well as all other material and equipment that does not form a part rf the Work, from the
roadways, sidewalks, parking areas, lawn and all adjacent property. |n addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Work so as to
leave the whole Work 'and Work Site ina neat and presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials
referred uzin paragraph 8`28 and charge the cost to the CONTRACTOR.
Public Convenience and SafeV:
630 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous position, at such locations as traffic demands. At any time that streets are required tobe
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South
Miami Police Department, beforechestreetis6msa6andagainassoonusitisopened.Accesvto0re
hydrants and other fire extinguishing equipment shall 6= provided and maintained ac all times.
Sanitary Provisions:
8.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall bekept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of
the Supplementary Conditions (insurance and indemnification requirements)-
6.33 |n the event that any action or proceeding bbrought against OWNER or CONSULTANT by reason of
any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding counsel satisfactory tn CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense ortn provide for such defense, st CITY'S option, any and
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all claims ufliability and all suits and actions of every name and description that be brought against
OWNER or CONSULTANT, excluding only claims that allege that the injuries arose out mfthe
sole negligence ofOWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change (Orders, designs specifications pr(b) the giving ofor the failure no
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission is the primary cause of injury or damage.
6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all
insurance coverage required by Section 5.1 of this document. |n6=v`n\ficudmn 1s limited to damages caused
in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors,
su b-su bco n tractors, materialmen, or agents of any tier or their respective employees to the extent caused
by the negligence, reck|essoeso, or intentional wrongful misconduct uf the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
Responsibility for Connection to Existing Work:
635 b shall bethe responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings and
Specifications to provide a complete installation.
636 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of-
ways oYstreets.highways.puNiccarri=r|ineo.ud|iry|ines.eh6eroeMal.o4rfaceorsu6surfaca.euc.sha|l6e
done in accordance with requirements of the special conditions. The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion cf the
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved iv the above requirements.
6.36.2 The CONSULTANT shall 6= 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 mz prevent any adverse effect on the Project.
Cooperation with Governmental Departments, Public Utilities. Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
etc~ including incidental structures connected therewith, that are encountered m the Work /n order that
such items are properly shored, supported and protected, that their location ia identified and uoobtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall giveall proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work
6.37.1 The CONTRACTOR'S attention is called uo the fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties 1nevery
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use inor upon the Work, nrin any way affect the conduct cf the Work, and no plea of
misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
Use Premises:
6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions o< CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
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@&| CONTRACTOR shall not overload urpermit any part ofany structure tobeloaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures thu will
endanger it.
638.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38L3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
its employees, subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come om the Project site.
8.384 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be
fenced to protect thejobsimaan6 the general public.
6.38.5 The CONTRACTOR shall fvrnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices sha|l be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
Protection of Existing Property Improvements:
6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereoo, trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
l| The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties mo such direct contracts (or the OWNER, ifitb performing the additional
Work itself), reasonable opportunity fbrtbeintroducdon and mo of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs.
7.2 K any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the OWNER, the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7,3 The CONTRACTOR shall do all cutting, fitting and patching nf the Work that may 6e required oomake
its several parts come together properly and fit *a receive orbe received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
Work and shall only cut oralter their Work with the written consent pf the CONSULTANT and cfthe
other contractor whose work will beaffected.
7.4 If the performance oy additional Work by other contractors or the OWNER is not noted im the Contract
Documents prior uotheexecudoncfcheContmct,*vhttennmdoathereo[wha||be'yenumt6e
CONTRACTOR prior umstarting any such additional Work. |f the CONTRACTOR believes that the
performance of such additional Work by the OWNER or others will cause the CONTRACTOR
additional expense or entities him to an extension of the Contract Time, he may make claim therefore
as provided in Articles | | and 12.
TS Where practicable, the CONTRACTOR shall build around the work of other separate contractors or
shall leave chases, slots and holes as required to receive and to conceal within the general construction
Work the work of such other separate contractors as directed by them. Where such chases, slots, etc.,
are impracticable, the Work shall require specific approval of the CONSULTANT.
7'6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use cf site facilities and in the detailed execution cfthe Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest cf
the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work cf other contractors. Should lack of progress or defective workmanship on the part qfother
Thomas p.Pepe
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contractors interfere with the 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 ofother contractors ^sbeing
satisfactory for proper coordination of[ONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTKA[TOR'scost.
7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as requested, no obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent mf the Contract.
ARTICLE 8 — CITY'S RESPONSIBILITIES.
0 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 |n cases cf termination cf employment of the CONSULTANT, the CITY will appoint aCONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required cf them under the Contract Documents.
8.4 The CITYS duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possession mf and use .any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such taking possession and use shall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents.
City's RepEg5g�
9.| The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articles 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 CONSULTAWTs decision, in matters relating tn aesthetics, shall be final, if within the terms
of the Contract Documents.
9.1-3 Except as may be otherwise n this contract, all claims, counterclaims, disputes and other
matters in question between the CITY and the CONSULTANT arising out of or relating to this
Contract or the breach thereof, shall be decided ina court cf competent jurisdiction within the
State ufFlorida.
Visits to Site:
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality ofthe executed Work and ou determine if the Work is
proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing
assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with
the Construction Documents and applicable laws, rules and regulations. On the basis of these on site-
observations as an experienced and qualified design professional, he shall keep the CITY informed of the
progress cf the Work and shall guard the OWNER against defects and deficiencies in the Work cf
CONTRACTOR.
Clarifications and Interpretations:
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Documents (in the form pf Drawings orotherwise) as it may determine necessary, which
shall beconsistent with, or reasonably inferable from, the overall intent of the Contract Documents. If
the CONTRACTOR seeks on increase [n the Contract Price or extension uf Contract Time based on'a
written clarification andlor interpretation, it shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of Ouantities:
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. All linear surface measurements shall be made horizontally or vertically
as required by the item measured.
Rejecting Defective Work:
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9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article | It shall also have authority uire special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing shall be
approved m writing oy the CITY. All consequential cost cx 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.
ShOD Drawings. Change Orders and Payments:
9.6 h connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.25 through 628 inclusive.
97 In connection with the CONSULTANT's responsibility for Change Orders see Articles |O, 11, and |I
9.8 |n connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article |4.
Decisions on Disagreements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9^11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, `enmno, or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 -CHANGES IN THE WORK.
10.1 Without invalidating the Contract, the CITY may, at any time mr from time totime, order additions,
deletions or revisions inoruz the Work which shall only be authorized 6ya written Change
Orders. Upon receipt mfa Change Order, the CONTRACTOR shall proceed with the Work
involved. All such Work shall be performed under the applicable conditions of the Contract
Documents. K any authorized written Change Order causes an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as
provided in Article ||or Article ]J' A written Change Order signed by the CITY and the
CONTRACTOR indicates their agreement uz the terms of the Change Order. All Change Orders shall
be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well
us"o any change in the time to complete the Work under the circumstances. The failure cn include a
time extension in the Change Order orin the request for o change order shall result ina waiver ofany
extension of time due nu the change i^ the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished bya written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Field Order would entities the
CONTRACTOR uxan increase in the Contract Price or extension of Contract Time, it must submit u
written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance ofthe
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed 6y the CONTRACTOR without authorization ofu written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as provided in paragraph 6.22 and except oa provided i rugrapb 10.2.
18.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which ia approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment o»' the CITY
Thomas F.Pepe
67
before commencement ofthe Change Order Work, The Work shall be stopped until the
CONTRACTOR provides such proof cf adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE I I — CHANGE OF CONTRACT PRICE.
||.i The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall 6eat its expense without changing the Contract Price.
11'2 The CITY may, at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the Contract,
including but not limited ou changes uzorin:
! |.2.| Specifications (including drawings and designs);
| |.2.Z Method or manner of performance of the Work.
11.I3 CITY-furnished facilities, equipment, materials, services, or site; or
|<.2.4 Acceleration |n the performance mf the Work.
113 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, orayotherwise provided |n another section o[the Contract Documents.
114 When aChange Order ls issued by the CONSULTANT and signed | CITY or issued by the CITY in
writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with
the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the
CONTRACTOR'S cost of, or the time required focthenerformunceofunypa/tof the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach o timely agreement, anequitable
adjustment based cm the cost cf the Work shall be made and the Contract modified accordingly.
||.G |T the CONTRACTOR intends tm assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written
Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting
forth the general nature and monetary extent ofsuch claim for equitable adjustment, time extension
requested and supporting data. In determining the cost ofthe Change Order, the costs shall be limited to
those listed in section !|J and ||]].
11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
11.7 The value oy any Work covered byaChange Order orof any claim for un increase or decrease inthe
Contract Price shall 6e determined in one 'of the following ways:
11.7.1 By negotiated lump sum.
11J2 On the basis cf the reasonable cost and savings that results from the change in the Work plus u
mutually agreed upon fee to the CONTRACTOR oo cover overhead and profit not to exceed
15%. |f the CONTRACTOR disagrees with the CONSULTANTmdetermination of reasonable
costs, the CONTRACT shall provide a list of all costs together with backup documentation
11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
um}n writing 6y CITY, such costs shall be1n amounts no higher than those prevailing inMiami-Dade
County and ohuU include only the following items:
11,8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules ofinbclassifications agreed upon byCITY
and CONTRACTOR. Payroll coats for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall 6e limited to:
salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compennadun, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be included in the above only ifauthorized by
CITY and provided itvvummot)n any way, whether in whole orin part the result ofthe fault ofthe
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due in whole orin part ^oDefective Work of the CONTRACTOR.
| |.8^2 Cost of all materials and equipment furnished and incorporated in the VYork, including costs of
transportation and storage, and manufacturers' field services required in connection
Thomas r.Pepe
68
therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and
offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for
items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the
CONTRACTOR fails to timely notify the CITY of the discounts or if the OWNER deposits funds
with CONTRACTOR with which to make payments in which cases the cash discounts shall
accrue to the OWNER. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make
provisions so that they may be obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be
substituted for the word "CONTRACTOR"
11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof - all in accordance with terms of said
rental agreements. The rental of any such equipment; machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
11.&6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as -a
separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (21) of the increase in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the following:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers,
agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR
whether at the site or in its principal or a branch office for general administration of the Work
and not included in the schedule referred to in Subparagraph 11.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 11.8.9).
11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph 11.8.
1 1.I 0 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
1 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
1 1.10.2 A mutually acceptable fixed percentage (not to exceed 151).
1 1.1 1 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
manner as provided in 11.8. When both additions and credits are involved in any one change, the net
shall be computed to include overhead and profit, identified separately; for both additions and credit,
Thomas F. Pepe
12/10/2015
M7
provided however, the CONTRACTOR shall not be entitled m claim lost profits for any Work not
ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE
|I| Time ioo< the essence uo this contract and the date of beginning and the time for completion cf the Work
are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified
in the Notice to Proceed and completed within the time specified for completion of the work.
122 The CONTRACTOR shall proceed with the Work ar such rate of progress to ensure full completion
within the Contract Time. It is expressly understood and agr=ed, by and between the CONTRACTOR
and the OWNER, that the Contract Time for the completion mf the Work described herein isa
reasonable time, taking into consideration the average climatic and economic conditions and other factors
prevailing inch= locality of the Work. No extension of time shall be granted due conditions that the
Contractor knew of or should have known of before bidding on the project or due to inclement weather,
except as provided insection 12.7.
12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the OWNER the amount of liquidated
damages os specified in the Contract Documents for each calendar day after the scheduled date for
completion as adjusted 6y written Change Orders that extended the completion date.
13L3.1 These amounts are not penalties but are liquidated damages incurred by the OWNER for its
inability op obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon
between the parties, recognizing the impossibility of precisely ascertaining the amount of damages
that will be sustained msa consequence ufmuckde|ay.undboth parties 6esihng to obviate any
question dispute concerning the amount uf said damages and the cost and effect nf the failure
of CONTRACTOR my complete the Contract on time. The above-stated liquidated damages shall
apply separately to each phase of the Project for which a time for completion is given.
12.3.2 CITY is authorized uodeduct the liquidated damages from monies due to CONTRACTOR for the
Work under this Contract.
124 The Contract Time may only 6e^ changed bya written Change Order. Any claim for an extension inthe
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
five (G) business days .of the occurrence of the event giving rise to the claim and stating the general nature
of the claim including supporting data. All claims for adjustment io the Contract Time shall beevaluated
and recommended 6y the CONSULTANT, with final approval hy the CITY'S representative. Any change
in the Contract Time resulting from any such claim shall be incorporated in a written Change Order.
12.5 All time limits stated 1nthe Contract Documents are of the essence ofthe Contract.
12L6 No claim for delay shall be allowed because cf failure mmfurnish Drawings before the expiration cf
fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such
Drawings. Furthermore, there shall beno monetary compensation for such delay and the
CONTRACTOR's sole remedy shall be an extension of time for the period of delay.
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, th
abnormal weather 1s documented 6y records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to
delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall
be limited to increased cost of materials that were unanticipated and that would not have been incurred
but for the delay. Other than um set forth above, the only remedy for any delay shall be limited u»an
extension of time ns provided for inSection |2.4 which shall 6ethe sole and exclusive remedy for such
resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inefficiency, overhead or lost profits, arising because of delay, 'disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st
day following the date pf the event upon which the claim iybased.
1110 Dispute Resolution: |f any dispute concerning a question mf fact arises under the Contract, other than
termination for default or convenience, the CONTRACTOR and the city department responsible for the
Thomas F. Pepe
U9
administration of the Contract shall make agood faith effort to resolve the dispute. V the dispute cannot
be resolved by agreement, then the department with the advice of the City Attorney and the
CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE 13 —GUARANTEE.
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer urthe
CONTRACTOR 6irecdy, all materials and equipment furnished and Work performed for patent
Defective Work for u period of one (|) year from the date of Final Acceptance as indicated in the
CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if
issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if more than
one is applicable, the one that im issued last, for patent Defective Work,. The same guarantee and
unconditional warranty shall be extended for three (3) years from the date of Final Acceptance as
indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of
Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if
more than one is applicable, the one that is issued last, for latent Defective Work. The CITY will give
notice of observed defects with reasonable prompcness. |n the event that the CONTRACTOR should fail
to commence to correct such Defective Work within ten (10) calendar days after having received written
notice of the defect, or should the CONTRACTOR commence the corrective work, but fail uzprosecute
the corrective work continuously and diligently and in accordance with the Contract Documents,
applicable law, rules and regulations, the CITY may declare an event uf default, terminate the Contract in
whole orhn part and cause the Defective Work uzbe removed or corrected and uzcomplete the Work
at the CONTRACTC}R's expense, and the CITY and| charge the CONTRACTOR the cost thereby
incurred. The Performance Bond shall remain in full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section |3.|. shall take precedence over Section 13. 1.
13.3 CONTRACTOR shall act as agent, mna limited basis for the OWNER, mt the [[TYs option, solely for
the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee
and for the purpose cf completing all forms for Warranty/Guarantee coverage under this Contract.
13`4 [n case ufdefault by the CONTRACTOR, the City of South Miami may procure the articles or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet
the specification requirements. Upon written notification pF rejection, items shall be removed within five
(5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected
goods left longer than thirty 80 calendar days shall beregarded 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 orto compensation cf any kind. Rejection for Non-Conforming Work or failure to meet delivery
schedules may result in the Contract being found indefault.
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"Purchase order", or any other document, does ct and shall not authorize the commencement ofthe
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished |ubnc 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, cf those persons. |f payment ip requested on the basis mf
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 |00&q[ the value of said material .and equipment covering the material and
Thomas p,Pepe
is
equipment from all casualties as well po theft, vandalism, fire and flood. The CONTRACTOR shall replace
at its expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (|[) 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 jn writing his reasons for refusing
to approve payment. |n the latter case, the CONTRACTOR may make the necessary corrections and
resubmit the partial payment estimate. The OWNER, will within 6i (3O) calendar days ofpresentation
to it of any approved pardal payment estimate, pay the CONTRACTOR a progress payment on the basis
uf the approved partial payment estimate. The OWNER shall retain ten (|0%) percent of the amount oJ
each payment until Final Completion and Acceptance of all Work covered by the Contract Documents.
Any interest earned on the retainage shall accrue to the benefit of the OWNER.
14.2 The CONTRACTOR, before ic shall receive final payment, s6aUde|iveruotheC[TYaCortractmr'sFina|
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indirectly, which was incorporated into the Work. If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR .and such person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by
an Application for Payment whether the Work, material or equipment is incorporated in the Project or
not, shall have passed to the OWNER prior to the making of the Application for Payment� free and clear
of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to
us"Uemsl; and that no Work, materials or equipment, covered byan Application for Payment, will have
been acquired by the CONTRACTOR mrby any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
ADDroval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, that the Work has progressed to the point indicated in the Application for Payment; that, mothe
best his .knmw|edQe, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as
defined inArticle |'to the results mf any subsequent tests called for in the Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount
approved. However, by approving, any such payment the CONSULTANT shall not thereby 6edeemed
to have represented that he made exhaustive or continuous on-site observations to check the quality or
the quantity of the Work, or that be has reviewed the means, noetbods, techniquex, sequences and
procedures of construction or that he had made any examination to ascertain how or for what purpose
the CONTRACTOR has used the moneys paid or to be paid to him on pzopunz of the Contract Price, or
that title to any Work, materials, or equipment has passed to the OWNER free and clear mf any liens.
14.5 The 'CONTRACTOR shall make the following certification on each request for payment:
^| hereby certify that the labor and materials listed on this request for payment have been used inthe
construction ofthis Work and that all materials included in this request for payment and not yet
incorporated into the construction are now on the site orstored at an approved location, and payment
received from the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed work
or supplied materials".
!n the event that the CONTRACTOR withholds payment from u Subcontractor or Supplier, the same
amount of money shall bewithheld from the payment until the issue is resolved by
written agreement bet°ee them and then a joint h k shall be made payable to the estion
and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be
held by the OWNER until a judgment |s entered in favor mJthe CONTRACTOR or the person, in which
Thomas F. Pepe
WI
case the money shall be paid according with said judgment. Nothing contained herein shall indicate an
intent tobenefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, 1n its opinion, itb
unable to make such representations co the OWNER ms required this Section 14. |c may also refuse co
approve any t,or it may void any prior payment application certification because ofsubsequently
discovered evidence or the results uf subsequent inspection mr tests um such extent as may benecessary
in its opinion to protect the OWNER from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement,
14.6.2 the Work for which payment 1s requested cannot beverified,
14`6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable
filing or receipt thereof,
14.64 the Contract Price has been reduced because ofmodifications,
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14'6,6 cf unsatisfactory prosecution mf the Work, including failure tq clean upas required byparagraphs
6.29 and 6.30.
14.6J of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by the CONTRACTOR, or
14^89 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance the OWNER, with the approval of the CONSULTANT, may use any completed
or substantially completed portions of the Work provided such use does not interfere with the
C[xMTRACTOR's completion of the Work. Such use shall not constitute an acceptance cf such portions
uf the Work.
14.8 The CITY shall have the right »o enter the premises for the purpose o/ doing Work not covered bythe
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 ns may be caused by agents employees cf the OWNER.
14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue x Certificate attached o/
the Final Application for Payment that the Work has been accepted byit under the conditions ofthe
Contract Documents. The entire balance found tobe due the CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the
CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will 6e strongly encouraged ru register asanePayab|es Vendor with
the Owner. The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards. ePayables, ocmeamknerheprocessof
making payments to your organization going forward, the City will provide the CONTRACTOR with a
credit card account number to keep un file. This card has unique security features, with $Omfavailable
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 Gm, which notifies the
CONTRACTOR that the funds have been transferred into the account linked *z the card for the amount
listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form
contained in this RFP or contact the OWNER's Finance department at (305) 663-6343 with any questions.
Acceptance of Final Payment as Release
|4.il The Acceptance by the CONTRACTOR of Final Payment shall beand shall operate asarelease to the
OWNER and a waiver cf all claims and all liability to the CONTRACTOR other than claims previously
filed and unresolved. The waiver shall include all things done furnished in connection with the Work
and for every act and neglect of the OWNER and others relating to or arising out of this Work Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds,
14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the
Work aa may bu necessary in his opinion tmprotect the OWNER from loss ifhe determines, because of
subsequently discovered evidence or the results of subsequent inspection or tests, that:
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR o, any individual or entity operating under or through correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, isno longer Finally Competed.
Thomas F. Pepe
73
14.12.2 the Work necessary tobe completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14�12.3 claims or Liens have been filed or received, or there is reasonable .evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5%
in the case of Final Completion.
14.13 If the CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification") by
the CONSULTANT, the CONTRACTOR shall repay oo the City of South Miamiunymoneypaidasa
result of said Initial Certification being issued which shall be paid only when the decertified work is re-
certified.
|S^| The CITY may, at any time and withn suspend the Work or any portion thereof fo period of
not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the
CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
I I or Article 12.
City May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, orifhemakes a general assignment for the
benefit of its creditors, if a trustee or receiver is appointed for the CONTRACTOR or for
property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy
or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or
equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, orKhe disregards the authority pf the CONSULTANT, orKhe otherwise violates any
provision of, the Contract Documents, then the CITY may, without prejudice to any other right or
remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to the OWNER. Such costs incurred hy the OWNER shall be determined bythe
CONSULTANT and incorporated ina Change Order.
If after termination of the CONTRACTOR under this Section, it|odetermined byacourt of competent
jurisdiction for any reason that the CONTRACTOR was not indefault�the rights and obligations of the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section 15.5
15.3 Where the services have been so terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing which thereafter
accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY
may, without cause and without prejudice ,o any other remedy, elect to terminate the Contract
for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work
executed and accepted by6he[]TYamofd6edateofdheoerminodon.ninuaany6educ6onf6rdumage or
Defective Work. No payment shall 6e made for profit for Work which has not been performed.
74
|S4A in
timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
Removal of Equipmen
15.5 In the of termination of this Contract before completion for any cause whatever, the
if notified mduso by the CITY, shall promptly remove any part or all of its equipment
and supplies from the property of the OWNER. Should the CONTRACTOR not remove such
equipment and supplies, the CITY shall have the right to remove them at the expense ofthe
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
oo such equipment ur supplies. EquipnnentandsupphesshnUootbeconsu-ue6toio6u6eauchiuymsfor
which the CONTRACTOR has been paid |n whole orinpart.
Contractor May Stop Work or Terminate
15.6 If, through nu act or fault o/ the CONTRACTOR, the Work is suspended for a period of more than
ninety (9O) calendar days the CITY or by order of other public authority, d order pfcourt
or the CONSULTANT fails to act on any Application for Payment within thirty 8) calendar days after |t
is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT,
within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon
twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the
Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If
timely remedied 6y the CITY, the Contract shall not be considered terminated. [n lieu 'of terminating the
Cmntracc1ftheCDWSULTANThaaEai|edumectomvnApp|\cadov6or Payment nr the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due
Indemnification of Independent Consultant.
15.7 The CONTRACTOR CITY hereby acknowledges that if ch ONSULTANT is an independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request, agrees to
provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless omcu any m this regard before the CONSULTANT makes
an interpretation, d=-cerbAes a payment 'application, deceniGesSu6standu| Completion, 6ecerdAes Final
Completion, certifies an event of default, or approves any action which requires the approval of the
CONSULTANT.
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person oo the individual orumo member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, ro'dhe|aotknm°nbuoineoszd6ress.
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
mt the Project.
16.3 The duties and obligations imposed bythese General Conditions, Special Condidonx and Supplementary
Conditions, if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder, shall
bein addition to, and shall not 6e construed in any way as a limitation of, any rights and remedies available
by law, by special guarantee orby other provisions cf the Contract Documents.
16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of
any error, omission, or act of the other orof any of their employees oragencsorothera6arvvhoseac,z
they are legally liable, claim shall be made inwriting to the other party within twenty-one (l|)calendar
days of the first observance of such injury urdamage.
Thomas F. Pepe
EM
17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW.
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami-Dade County, Florida.
18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
provision shall be liable to OWNER for its costs of enforcing this provision, including attorney fees
incurred in all proceedings, whether administrative or civil court and in all appellate proceedings.
Thomas F. Pepe
12/10/2015
0
20.1 If any provision of the Contract or the application thereof to any person or situation shall to .any extent,
be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted bylaw.
21.1 The CONTRACTOR isanindependent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not asofficers, employees, mr agents of the OWNER. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
ARTICLE 22 — ASSIGNMENT.
Zl| The CONTRACTOR shall not transfer or assign any of its rights or dudes obligations and responsibilities
arising under the terms, conditions and provisions of this Contract without prior written consent of the
City Manager. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the
rights. The CITY may, in its sole and absolute discretion, refuse to allow the
CONTRACTOR to assign its duties, obligations and responsibilities. |n any event, the CITY shall not
consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of
the Agreement by the assignee, the assignee meets all of the C|TY"m requirements cothe C]TY"sso|e
satisfaction and the assignee executes all of the Contract Documents that were required to be executed
by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions macknowledge their
imjusionaapartcfdhe[ontnzctDocumevtsnndhis — doymf 1 —
Signature
Print Signatory's Name:
Title cdSignatory:
ATTESTED: OWNER: CITY OF SOUTH MIAMI
Signature: Signature:
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved as to Form. Lan0paQe,
Legality, and Execution Thereof-
Signature:
City Attorney
MISM
VA
Supplementary Conditions
;-:W 64th Avenue Draina — e lm-yrovement Pro-'ect
RFP` #PW2016-19
A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's
designated representative as identified in the Supplementary Conditions. The CONSULTANT's, if any,
and the City's Designated Representative's name, address, telephone number and facsimile number are as
follows:
Consultant: EAC Consulting, Inc.
815 NW 57th Avenue, Suite 402
Miami, FL 33126
Phone: 305-264-2557
Fax: 305-264-8363
City's Designated Representative: Ricardo A. Ayala, P.E.
Capital Improvement Project Manager
4795 SW 75 Ave 400
Miami, Fl. 33155
Phone 305-403-2072
Fax 305-668-7208
B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished one sets of Contract
Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a
cost to the CONTRACTOR equal to the reproduction cost.
D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP
and in the attached EXHIBIT 1, Attachment A, to the RFP and if there is a 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 in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached
Exhibit shall take precedence.
F. The Work shall be completed in 90 calendar days unless a shorter time is set forth in the Contract and in
such event the Contract shall take precedent notwithstanding any provision in the General Conditions to
the Contract that may be to the contrary.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as part of the Contract on this day of
CONTRACTOR:
Signature:
Print Signatory's Name:
Title of Signatory:
ATTESTED: OWNER: CITY OF SOUTH MIAMI
Signature: Signature:
Maria Menendez
City Clerk
ME=
Thomas F. Pepe
12/1012015
F-]
Steven Alexander
City Manager
Legality, and Execution Thereof:
Signature:
City Attorney
Thomas F. Pepe
12110/2015
I A Z" I M41 A M xe-WO] I
79
FORM OF PERFORMANCE BOND
SW 64th Avenue Drainage Improvement project
(Required as a Condition of Award and Prior to the Contractor Receiving a Notice til
Proceed. Not Required with Submittal)
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 25585, we,
whose business address is and whose telephone
number is as Principal (hereinafter referred to as ^Contracuor"), and
whose business address is and
whose telephone number is as Surety, are bound to the City of South Miami whose
business address is and whose telephone number is
Dade County whose business address is and whose teleDhone number is
I'las Obligee, (hereinafter referred to as "City") in the amount of
Dollars ($ ) for the ouvment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has entered into a Contract, for the SW 64th Avenue Drainage Improvement
Project, awarded on the day o/ 2O__, under Contract Number
by the City for the construction of (brief description ofthe
Work) |n accordance with drawings (p|ans) and specifications prepared by -which Contract b
hereby made a part hereof by reference, and is hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that the Contractor:
Fully performs the Contract between the Contractor and the SW 64th Avenue Drainage Improvement
Project.
|, Project, within 90 calendar dgys after the date ofContract commencement as specified inthe
Notice co Proceed and io the manner prescribed |n the Contract; and
2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for
delay and other foreseeable consequential damages), expenses, costs and attorney's fees, including
attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains
because of default by Contractor under the Contract or caused by or arising out of any action or
proceeding cuenforce the Contract or this Bond; and
I Upon notification by the City, correct any and all patently defective or faulty Work or materials that
appear within one (|) year from the date cd 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 in
applicable, the one that is issued last, for patent Defective Work, and correct any and all latent defects
that are discovered before the expiration of the third (3rd) year following the date pf Final Acceptance
us indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate
of Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable
and if more than one is appkcab|e, the one that is issued last; and
4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified
in the Contract.
If all of the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and
effect.
Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict
accordance with any of the terms cf the Contract, the Surety shall promptly remedy the default ns well as
perform in the following manner:
Complete the Contract in accordance with the Contract's terms and conditions provided the City
makes available, as Work progresses, that portion of the Contract Price that has not already been paid
to, ormn behalf of, the Contractor. The City shall not 6a required uz pay any more than the amount
of the Contract Price. The surety shall not be obligated uo pay more than the maximum amount for
which the Surety may be liable as set forth in the first paragraph of this bond. K the Surety fails uo
��
commence the Work within thirty (30) days of receipt of the City's declaration ofa default orifthe
Surety fails uz man the job with sufficient forces, or suspends the Work, for more than thirty 80
days, either consecutive or in combination with separate occasions, the City shall have the option, in
the City's 'sole discretion, and without waiving its right opany other remedy damages provided for
by this bond, tocomplete the Work with other forces and the Surety shall pay for the cost vo
complete the Work. The term "balance of the Contract Price" as used in this paragraph, shall mean
the total amount payable by City to Contractor under the Contract and any amendments thereto, less
the amount properly paid by the City to the Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the
City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's
obligation under this Bond.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several
seals onthis day of ZD , the name and the corporate seal c6each
corporate party being hereto affixed and these presents being duly signed by its undersigned representative.
IN PRESENCE OF:
yndiwdua|. President, Managing Member or General Partner, etc.)
(Business Address)
(City/State/Zip)
(Business Telephone)
OR
(Corporate Name)
ATTEST.
(President)
Secretary (Business Address)
(City/State/Zip)
(Business Telephone)
|N THE PRESENCE OF: INSURANCE COMRANY:
BY: (SEAL) (Agent
and Attorne~in-factSignature)
(Business Address)
(City/State/Zip
(Business Telephone)
STATE QFFLORIDA >
)
COUNTY OFM|AM|-DADE )
Dn this, the _______ day of 2(�_, before me, the undersigned notary public of the State o(
Florida, the foregoing performance bond was acknowledged by (Corporate Officer),
(Title), of (Name of Corporation), a
(State of Incorporation) corporation, on behalf of the corporation.
WITNESS my hand and official seal.
Personally known to me, or
Thomas F. Pepe
Notary Public, State of Florida
(Name of Public: Print, Stamp
or Type as commissioned.)
9
Personal identification:
Type of Identification Produced
Did take an oath, or Did Not take an oath.
Thomas F. Pepe
12110/201S
FN
FORM OF PAYMENT BOND
SW 64th Avenue Drainage Improvement Project
(Required as a Condition of Award and Prior to the Contractor Receiving a Notice to
Proceed. Not Required with Submittal)
That, pursuant to the requirements of Florida Statute 255.01.et seq~Florida Statutes, we,
whose 6ugvea address is and whose
telephone number is es Principal, (hereinafter referred to as "Contractor"), and
whose business address is and whose telephone
number is as Surety, are bound to the City of South Mianni, whose business address is
and whose telephone number is [[and Miami-Dade (�ountywhose
business address is and whose telephone number is
]ao Obligee, as "City") in the amount of
Dollars ( for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.
VVHEREAS. Contractor has, by written agreement, entered into Contract for the SW 64th Avenue
Drainage Improvement Project awarded on the day of 20 1
under Contract Number for the construction of (brief
description of the Work) by the City in accordance with drawings (plans) and specifications, if any, prepared by
which Contract is hereby made a part hereof by reference and is hereafter referred to as
the "Contract"; _
THE CONDITION OF THIS BOND is that if Contractor
l. Promptly performs the construction work in the time and manner prescribed ind`e Contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes, supplying Contractor
with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work
provided for in the Contract; and
l Pays City all losses, damages, expenses, costs, and attorney's fees, including those incurred in any appellate,
mediation or arbitration proceedings, if any, that Owner sustains because of a default by Contractor under the
Contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the
contract then this obligation shall be void; otherwise, it shall remain in full force and effect.
Any action instituted by a claimant under this bond for payment must be in accordance with the notice
and time limitation provisions in Section 255'D5(2). Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance urnoncompioxmewhchanyforma|ides connected with the Contract shall not
affect the Surety's obligation under this Bond.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several
seals on this day of 2D, the name and the corporate seal nfeach
corporate party being hereto affixed and these presents being duly signed by its undersigned representative.
Thomas F. Pepe
(indmdual,President� Managing Member or General Partner, mc.)
(Business Address)
(City/State/Zip)
(Business Telephone)
(Corporate Name)
83
ATTEST:
(President)
Secretary (Business Address)
IN THE PRESENCE OF:
"WINMOTM "0 1
(City/State/Zip)
(Business Telephone)
INSURANCE COMPANY:
BY: (SEAL)
(Agent and Attorney -in -fact Signature)
(Business Address)
(City/State/Zip
(Business Telephone)
On this, the _ day of 20_, before me appeared
who is the (Title), of (Name of legal entity), a
(State of Incorporation) company or partnership, on behalf of the corporation and who is
personally known by me or who provided me with the following type of identification and who took
an oath or affirmed that he/she is the person who signed the foregoing payment bond.
WITNESS my hand and official seal
NOTARY PUBLIC:
SEAL
*Power of Attorney must be attached.
Thomas F. Pepe
12/10/2015
Notary Public, State of Florida
(Name of Notary Public: Print, Stamp
or Type as commissioned.)
F41T �V0jz1Xq*V1QZ
LE
EXHIBIT •
SW 64th Avenue Drainage Improvement Projecl
RFP #PW2016-19
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL
PROCEDURE)
The following procedures shall be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for
proposals, requests for a letter of interest and requests for qualifications.
(a) Notice • Intent to Protest. Any actual • prospective bidder who perceives itself to b-
g -a in connection with any formal solicitation • who intends to contest • object to any bid
specifications or any bid solicitation shall file a written notice • intent to file a protest with the City
Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to
file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered,
when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of
intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be
aggrieved in connection with the recommended award • a contract and who wishes to protest the
award, shall file a written notice of intent to file a protest with the City Clerk's office within three
calendar days after the City Commission meeting at which the recommendation is considered for action.
A notice of intent to file a protest is considered filed when received • the City Clerk's office by e-mail
or if hand delivered when stam,iced with the Cit. Clerk's receipt stam� containihZ, the date and time of
receipt.
(b) Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest
Letter") and submitted to the City Clerles office within five calendar days after the date of the filing of
the notice of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and
the
_a -a - fee • $ 1 000 are both timely received by the City Clerk's office. In order for the
Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the
Clerk's office must appear • the original Protest Letter and/or a copy of the Protest Letter and the
date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if
payment is made in cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of
the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be
lattlig - , '111-
Clerk's office and, if payment is in cash, a receipt is issued with the date • the receipt • payment, or if
payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerles
office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and
law upon which the protest is based, it shall describe and attach all pertinent documents and evidence
relevant and material to the protest and it shall be accompanied by any required filing. The basis for
review of the protest shall be the documents and other evidence described in and attached to the
Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and
attached to the Protest Letter at the time of its filing shall be permitted • considered in support • the
protest.
(c) Computation of time. No time will be added to the above time limits for service by mail. The
last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in
which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. —
(d) Challenges. The written protest may not challenge the relative weight • the evaluation criteria
• any formula used for assigning points in making an award determination, nor shall it challenge the
Citys determination of what is in the City's best interest which is one of the criteria for selecting a
bidder whose offer may not be the lowest bid price.
(e) Authority to resolve protests. The Purchasing Manager, after consultation with the City
Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest
11FIW*
NK11FAII
M.
Letter Said recommendation shall be sent oothe City Manager with a copy sent to the protesting party.
The City Manager may then, submit arecommendation to the City Commission for approval or
disapproval of the protest, resolve the protest without submission to the City Commission, or reject uU
proposals.
Ul Stay of procurement during protests. Upon receipt ofxtimely, proper and valid Protest Letter
filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation
or with the award or execution of the contract until the protest is resolved by the City Manager or the
City Commission as provided in subsection (e) above, unless the City Manager makes a written
determination that the solicitation process or the contract award moot be continued without delay in
order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial
interests cf the City orto prevent youth athletic teams from effectively missing a playing season.
Thomas F. Pepe
01