Res No 077-18-15110RESOLUTION NO: 077-18-15110
A Resolution authorizing the City Manager to negotiate and enter into a contract with
Terra Hyle Contractors, Inc., for the Twin Lakes Traffic Calming Project.
WHEREAS, the Mayor and City Commission wish to provide traffic calming devices to
convey speed reduction and safety to the Twin Lakes Neighborhood; and
WHEREAS, the Twin Lakes Traffic Calming Project has been budgeted in the Capital
Improvement Program section ofthe City's budget; and
WHEREAS, a design and construction documents were developed in response to speed
and safety concerns which were approved by Miami-Dade County Transportation and Public
Works Department; and
WHEREAS, pursuant to a competitive selection process, it was determined that Terra
Hyle Contractors Inc., submitted a proposal in the amount of $22,735.00 that was the most cost
effective; and
WHEREAS, the City desires to provide a contingency of $1,500 over the proposal amount
for unknown factors that may arise during the work; and
WHEREAS, the total expenditure, including the contingency amount, is not to exceed
$24,235.00; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to
negotiate and enter into a contract with Terra Hyle Contractors, Inc. for the Twin Lakes Traffic
Calming Project for a total amount not to exceed $22,735.00 and is authorized to spend a
contingency of $1,500 over the proposal amount for unknown factors that may arise during the
work.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to negotiate the price, terms and conditions
and to execute a contract with Terra Hyle Contractors, Inc. for Twin Lakes Traffic Calming Project
for an amount not to exceed $22,735.00 and he is authorized to expend up to $1,500 for
unforeseen conditions. A copy of the approved form of contract is attached and the City Manager
may negotiate a lower price and more advantageous terms and conditions if approved by the
City Attorney. The expenditure shall be charged $25,235.00 to the People's Transportation Plan
Trust Fund account number 124-1730-541-6490, which has a balance of $648,350.00 before this
request was made.
Page 1 of 2
Res. No. 077-18-15110
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution
Section 3. Effective Date: This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this J.l day of April, 2018.
ATTEST: APPROVED:
COMMISSION VOTE: 4-0
Mayor Stoddard: out of room
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebrnam. Yea
Commissioner 'GIl: Yea
Page 2 of 2
THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
aTY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Agenda item NO.:tz:. April 16, 2018
SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a contract
with Terra Hyle Contractors, Inc., for construction of the Twin Lakes Traffic
Calming Project ..
BACKGROUND: The City of South Miami received various concerns from our residents regarding
the cut-through traffic in the Twin Lakes neighborhood area. In response to
these concerns, design and construction documents were developed and
approved by Miami-Dade County Transportation and Public Works Department
for the implementation of traffic calming devices. The Twin Lake Traffic Calming
Project was advertised on March 5, 2018.
AMOUNT:
The City received on March 27, 2018, a total of five (5) proposals in response to
a solicitation. Pursuant to review, it was determined that Terra Hyle Contractors,
Inc., is the most cost effective and responsible bidder for this proposal. Below
are the top three proposals received:
Contractor Bid Price
Terra Hyle Contractors, Inc $22,735.00
Sasha Engineering Corp $45,251.00
Anjed Group, Inc $51,705.00
A contingency amount of $2,500 will be included over the proposal amount of
$25,235.00 to address for unknown factors that may arise during the work.
Amount not to exceed $.25,235.00.
FUND&AcCOUNT: The expenditure shall be charged $25,235.00 to the to the People's
Transportation Plan Trust Fund account number 124-1730-541-6490, which has
a balance of $648,350.00.
ATTACHMENTS: Resolution
Bid Opening
Pre-bid
Terra Hyle Contractors, Inc Proposal
Proposal Summary
Demand Star Results
DBRAd
Sun Biz Registration
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BID OPENING REPORT
mds were opened on: . . Tuesday, March 27, 2018 . '. ·.aftirr:' l'O,OOam
:For: . Riff #. PW .2018,,07Twin La.kesTrartk Oahning Ph)ject . ,. -, ..'
AMOUNT: .. ,.:~-~--.. -": ... ---.~ .... -.---' .. _._-_._--'. --.-'-.. -.
2. SHASA ENGINEERJNG, CORP ....................................... ..
3. TERRA HYLECONJ1ZACTORS, INC. ~ .. ;.; .. ; .. , " ... , ... , ~ ... ;; ..... ;
j J./51 d.-!J Ir .~.::
12<2.1 ?C?5;Ci?;'! .
4. THEPAVINGLADy .. ; .................................................. .
5. V ENGlNFJ~RING & CONSULTL\fG, CORP ........................ .
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TI-lE A),J()VJt BIDS HA Vl~ NOT BEEN Cl'mCKED.
THE InDS ARE SUn,meT TO CORRECTION AF"rJ<~R THE nms HAV1~ UEE:NCOMPLETELY REVIEWED.
Witncss:_-:--___ .. _ ................................. .
Print N;unc Signature
·I}a:te .. :
RlfP Title:
•• : • M ••• '. . . ·D·Vp· ... N .. ·· n • :~. "':~ ..
11
~ South~"Miami
TH&C!tY~FPl~$A~TUVlIil6
Pre.';;BidConlereuce
S~.gn~ln Sh~¢t
X:\Purchasing\Request for Proposals & Qualification (RFPs)\20 18 Twin Lakes\REBID MARCH 20 18\PJ'e-bid\PJ'e-Bid Meeting Twin Lakes
Traffic Calming Sign-In Sheet 1.26.18.doc
IEX:H~BDT Nc. ~
SCOPE OF SERViCES
Attachment A.
TWIN LAKES TRAFFIC CALMING I?IROjECT
RFP PW20 18-0 I
Scope of Services & Schedule of Values/Summary of Quantities
8. General Requirements:
The work specified in this Request for Proposal (RFP) shall consist of furnishing all goods,
materials, supplies and services to perform the work described in this RFP. The work is
to be performed per specifications and the contract documents. This includes, but is not
limited to the furnishing all labor of Contractor and the labor of all allowable
subcontractors, and cost of disposal of materials as well as all necessary machinery, tools,
transportation, equipment rental and permits, to perform all of the Work described in
this RFP and which is necessary to provide a completed project that meets all of the needs
described in this Scope of Services.
Prior to any digging, Respondents must locate all underground utilities and other facilities
as well as contacting Sunshine 81 I to coordinate the process between excavators and
member utilities in Florida so that they can mark the approximate location of underground
lines, pipes and cables on construction site.
Permit fees are waived for permits required to be issued directly by the City of South
Miami. Permit fees from other government entities, if required, shall be the responsibility
of the Respondent/Contractor however, in all cases; it is the responsibility of
Respondents/Contractors to secure any and aID permits that may be required for this
project.
The work associated! wotlhl this projed shouid be reflected in the 44Constrictioll1l
IBid Form", Exhibit 1 arrad Schedule of YGlues /FOmll, 66$c01>e of Services," Exhibit
I, Attachment B.
THE CITY WILL AWARD THE ENTIRE PROIECT TO A SINGLE GENERAL
CONTRACTOR BASED ON THE lUMP SUM AMOUNT SUBMITTED.
II. Scope of Work:
Scope of work involves the construction of speed tables and includes but it is not limited
to milling and resurfacing, pavement markings and signs.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday.
m. Site location:
The project is located on the area known as Twin Lakes bounded by SW 62nd Avenue and
SW 6rn Avenue between SW 58 th Street and SW 64th Street and also the neighborhood
Thomas F. Pepe
12/14/2016
37
depicted as Bird Estates, between SW 61 st Avenue and SW 64th Avenue and between SW
40th Street and SW 44th Street. See plans for exact location. REFER TO
nCONSTRUCTION PLANS & ORA WONGS; fEXHI8UT 6 6'SCOIPIE Of SIERVOCIES~~
A TTACHMIE.NT C.
IV. Construction Notes:
Values utilized for the purpose of this RFP are approximate. Contractor is responsible to
field verify the areas, and quantities as per the limits defined by the site plan.
WHEN SUBMITTING THE IBID PACKAGE, THE RESPONDENT IS TO
PROVIDE At. LUMP SUM PIRBCE PER THE SCHEDULE OIF VALUES, "SCOPE
OIF SIERVOC!ES" IEXIHIOBOT 0, A IT ACIHIMIENT 1Rl. .
RESPONDENTS ARE TO COMPILETE THE "SCHEDULE Of VAILJYES
fORM."
WHEN PRIEPAIRHNG AND SUIBIMIHTTONG THE COMPLETED "SCHEDULE
OIF VALUES," THE RESPONDENT $IHIAII..L o INIClllY IO>E TIHHE
COINITDNGIEINICY UN THEIR TOTAL BASE BOD.
v. filMS anall Specifications:
Please refer to "Capital Improvements Program Twin Lakes/Bird Estates Traffic Calming
Construction" construction drawings. Please refer to &lhibit 8, "Scope of SetnfBceS"
AttGchment c."
'10. Project Duration:
The complete construction of the project is B 20 calendar days from notice to proceed.
'IOU. Wall"tranty:
If equipment is being provided, the standard manufacturer's warranty information must
be provided in writing for all equipment being proposed, including installation by an
authorized dealer before final payment is made.
NOTE: fA iPerformance and Payment Bond os requirreall for the flLlllI amount of the
!project
Thomas F. Pepe
1211412016
END OF SECTION
38
.!ReViS~Q.Oa~e .",Ma,r¢,h-Z h ~Ol~.
IEXHtiUT.I'!I:o •. I:
SCoP~.:Qf; $git"l~'
AttadirrientB .
~'SCHEI)ULl.i::.OF VALUES"
. twiN LA:KES TRAFfiC. CA'LMIN$PR01ECT
RFPPW2018.-01
RE·SPO.NDENTS ARE TO ..•.•.. ~~. "'~"_". "'~.. "~ .. -.-~I'" •• __ ._ .... $20.001 $&00.00
.. . ... . .. . ";;::1706,-,3' Retf;oRet1ecttV~ Pavt., Marker EA 40 t.
pD.O:~~ein . :~tem . Unit. Quantity· . Unit Prh:e l'otaJPrite
101-1 ~.zati(;m LS· 1 $1.000.00 $1.000.00
102-1/ .. M·~i1ilt~ri~nc:e'ofTra.ffiC LS 1 .$1~000~O.o .$1,00.0.00
~ .1 $2,000;00 :$2,000.00 .-
.. 327~70-6 . MrIJing:('6xistasphalt 'pav l.5":.AVg) SY 60 $4{);OQ S2,400J)O
334-1~l3 .. Ty~$IHA~~altlt~ohl$r~~~ TN S300:00 $2,47.5.00
• ••• ",""r. •
4
·4 . $4GO.()O
711-11-123 Traffj(;$tr;ipe Solid (12)l White;) 232 .$5.00 $i,160.00
711.-16-111 Traffic .strip~ Solid: (6?1 Whjt~l . NM 0.295 $5.,000.00 $1,475.00
NM. 0,301 . . $5,00.0.00 $1,50;;.00
': Conth'lgency $5,0'00.00
~~~h Miami Police Offi!lefS HR 16 . $: 45.00 $720~OO
TOTAL $22,735.00
;l7th
PROPQSALSUSMITIED ay~
Te-1'1't\. Ryle COntractors. Inc~
Co-rnpah),. . .EmentaOc.aoa·
Name ~~rson Au~~~d to Submit Propo~1
' .. -t?'Sr-L. r ~~' ..
$ignatl!te
President·
Tide .
(186)516~ 1340
Te!§>hQneNumb.er .
ffJ~6)773::,1711
FaX Number
mocanasr@tet'rahvleihc.c-om
Email.Address·
NOT£: FA'LUR£ TO COMPLET£ THE ~·SCHEDULE OF vALU£S~~IN ITS
ENrlRITt::Y WilL RENDER YOUR SUBMITTAL AS NON-RESPONSIVE
END OF SECTION
3
Thomas F. Pepe
12/14/2016
EXHllaDT NOo I
SCOPE OF SERVICES
Attachment C
TWHN LAKES TlRAlFlFiC CALIMIDNIG PROJECT
RIFP PW20 D 8-0 U
"CONSTRUCTION PLANS AND DM WDINlGS"
40
Commlsslonl
Mayor
PHU.Jp K.' S'l'ODDt\RD
Vice Mayor. Group DV
WALTER. HARRIS
Commissioner. Groll, U
OABRIBL EDMOND
Commissioner, Group 00
JOSH LII!iIMAN
Commissioner, Group BUD
ROBERT WELSH
CITY OF SO:UTH MIAMI
CAPm1'AD:. HMPRCVEMEINITS PROGRA.M
TWIN LAKES TRAIFFmC CAfJ...M6NG
SPIEElUJ iXlQJJMP$ AT l.::::::: :J:=~~ ===== ::=::~I' ~::=lfG&&$i~.s:1rDtt\R:!E~" THE CITY OF PLEASANT LIVING
PROJECT LOCA TlON NO. I
INDEX OF SHEETS
2
J TI/RIJ 4
5 THRIJ 6
SHEET DESCRIPTION
KEY SIifET
ROA/1IIAY SUIIJIART OF (JIANTITIES
GENERAL NOTES
RONJIiAYPIANS
UISCELtANEOIJS CONSTRUCTION DETAILS
TRAFFIC CONTIIIIL GENERAL NOTES
SIGNING AND 1I_1NGS TABUlATION OF (JIAllTITIES
GO\IEANING STANDARDS ANO 8PEClI'tCATION8:
• F\.OAIDA DEPARTMINT OFlRANIPORTA11ON,
DESIGN STANDAAD8 DATED 2018,
ANO STANDARD 8PEClf1CA1KINB FOR ROAD AND
BRIDGI! COHIITRUCTION DA'll!DJNtlJNW 2011,
·MIAMHlADl!COI/NTYPUl8UCWOIOK8 -.vnM2HT
STANDAROS AND 8PEClFlCAllOI/8 PARTS 1, 2 AND a.
PROJECT LOCATION NO.2
S •• IIHlIW B£7WEE1I I •• "., TER • I •• /HIlI IT
CITY OF SOUTH MIAMI PROJECT MANAGER: AURELIO CARMENATES, P.E.
41
ROADWAY SHOP DRAWINGU
TO BE 8UIIMITTI!II TO:
PlANS PREPARED BY:
CORRAO INO
4_ N.W. 871hA_ Dand, -. 33178
.~~: ~:-r.::
Vendor ID: 81.Q1'1-31140
ENGINEERING DMSIOl/
PUBUCWDRKS&WAS1E MGMT
NOTE: THE SCALE OF THESE PLANS MAY
HAVE CHANGED DUE TO REPRODUCTION.
ROADWAY PlANS .
ENGINEER OF RECORD: JUAN CARLOS ALCANTARA. P.E.
P.E. NO.: 84780
.... .....--. ,
SHEET
NO.
SUMMARY OF QUANTITIES PAY ITEII NOTES:
SUMMARY OF ROADNAY PAY ITEMS lOt-/: INCi.UDES THE COST FOR ALL ITEIIS REQUIRED FOR MAINTENANCE OF TRAFFIC OURING CONSTRUCTION.
ITEII ITEII UNIT TOTAL
No, QUANTITIES
/01-1 MOBILIZATION LS I
/02-1 MAINTENANCE OF TRAFFIC LS I
'/I(H-I CLEAIIING AND GRUBBING LS I
Jt!T-70-6 MILLING EXISTING ASPHALT PAVEMENT lIoS' AVG.I SY 60
JJ4-I-IJ TYPE S-/11 ASPHALTIC CONCRETE TN 8.25
999-25 CONTINGENCY LS I
PMIIENT WIIIN:
IIILLlNG FDR SPEED HUMI'S ""1111",,, M/U EXISTING ASPHALT PAVEMENT III.' AVO.' \\\\\ S ALe.., ill,
,--!<'\.~""S'" tv~ '" RESIJI/F ACING fOR Sl'fED HUMPS iu'?'.<i:,f-N e ..... :s''l''';;. TYPE S-II/ ASPHALTIC CONCRETE
::' ~ • .'.." 6A160 ... i< ~ (THICKNESS VARIES REFER TO :: :J:' 1'10 ~ :: SPEED HUMP DETAILS) --,:~ ~ '1\.; ~" ~1' '"'' ~-1).. -"q'./ .. :~:::;
-:;.110", I' Q"'~0 ~~-. "" ~s:"'~"""'(, <c.:,,';' . "'/ SS/oNi'-\\\\
111.",.11"\\
REVISIONS CORRA 0 IN 0 CITY OF SOUTH MIAMI crrr OF SOUTH MlA/II1 SHEET
CAPITAL n.tPROVJlMBNT8 PllOOIIAftT ROADWAY SUMMARY NO.
4065 N.W. mOt Avellua. Dond, Flortda. 33178 5m!!~i~!l)i CAPITAL IIoIPRO>tMENTS PROGRAM
PROJECT"N1i1iii! Ph : (305) 6114-07311 Fax: (305) 884-0786 ·:':':~~~~z OF QUANTITIES 2 Certificate 01 AuthorlzaUon No. 00007_ (305) ~o"'lOn TWIN LAKBS TRAFFIC 'CALMING E.O.R, Juan Cetloa AIoanlara. P.E. No. 84780
/iili,o a/'/H),7 100J :JD AN 1M" SOUIII HI.." G C\mo Iio. l\DOOOtN"'Ol • (op)'vgdW.r\.SWlOROO'
GENERAL NOTES
I. THe INFOilIiATION pfl(Nl«D ON THe PLANS IS BASeD 01/ THe BeST AVAI/.AIJI.E INFOR/JATION AND SHOIIIJ) Be CONSI«RED
APPROXII/ATE. CONTRACTOII SHALL Be Iif!SPONSIBLe FOIl FAIIIUARlllNO HlIISeLF WITH ClHlJl(;NT SITE CONDITIONS, AND SHALL
Iif!POIIT DISCREPANCIes TO THe ENOINEER PRIOII TO STARTING WORK.
2. CONTRACTOII WILL SECURE WORK SITE TO PROTeCT THe PUBLIC HEALTH AND WELFARE.
J. THe CONTRACTOII WILL seCURe AND PAY FOR ALL peRliITS FOR THe WORK NeCESSARY TO COIIPLeTe THIS PROJeCT.
4. ALL WORK WILL Be IN ACCORDANCE WITH THE LATEST eDITION OF THe FDDT STANDARD SPeCIFICATIONS FOR ROAD
AND BRIDGE CONSTR/lCTION, DNISIONS 2 AND J.
5. CONTRACTOR TO REPAIR ALL DAJlAGes INCURRED AS A ReSULT OF CONSTRUCTItIN ACTNITIES SUCH AS 8IJT NOT LIMITED TO
SIDEWAl.X,pAVEMeNT,LANOSCAPING, FENCING, HC. NO ADDITIONAL COIIPENSATION WILL Be GNEN.
6. CONTRACTOII SHALL CONTROUREIIDVE WST WITH A STREET SIIEEPER USING WATER OR DTHER EQUII'I.iENT CAPABLE OF
CONTROLLING WST. APPROVAL OF THE USE OF SUCH EQUIPMENT IS CONTINGENT UPON .ITS DEMONSTRATED ABILITY TO DD
THE WORK. CLeANINO AND SWEEPING IS TO Be INCWDED IN ITEII 102-I,IIAINTENANCf OF TRAFFIC.
7. ALL PUBLIC LAND CORNERS AND lIONIIIJeNTS WITHIN THE UIlITS OF CONSTRUCTION SHALL Be PROTECTED 81' THE CONTRACTOR
AS FOUJJNS: CORNERS AND IIONUII£IITS III CONFLICT WITH THE· WORI( AND. IN DANGER OF BeING DAJlAfJED, DESTRf1fED. OR
CO'IeRED SHALL Be PROPERlY REFEMNCED 81' A MOISTERED LAND SURVEYOR IN ACCDRDAIICE WITH THE IIINIIIU/J TECHNICAL
STANDARDS OF THE FLORIDA 8IJARD OF PROFESSIONAL LAND SURVEYORS. PRIDR TO BeGINNINO WORK AT THE SITE, THE
CONTRACTOII SHALL RETAIII THE LAND SUIIVEYOII TO REFERENCE, AND RESTORE IJP(JII COIIPLeTIOI/ OF THE WOIIK, ALL SUCH
CORNERS AND IIOIIUIIENTS AND SHALL FURNISH THE ENOINEER A S/ONED AND SEALED COPY OF THE LAND SURVI!YOII'S
REFERENCE ORJINING. COST OF THIS WORK SHALL Be DEEIIED INCIDEIITAL TO THE TOTAL PRlJJECT COST.
8. THE CONTRACTOR SHALL NOTIFY THE CITY IN WRITINO AT LeAST 48 HOURS PRIOII TO COIIII£NCfIlENT OF CONSTRUCTION.
9. THE CONTRACTOR SHALL Be RESPONSIBLE FOR PROVIDING A PROPER STAGING AREA.
10. THe CONTRACTOR SHALL Be RESPONSIBLE TO SATISFY ALL REGUIREIIENTS OF ANY MGULATOIrr AfJENcr PERlilTs IN REGARDS
TO CONSTRUCTION ACTNITIES AND RELATED CONDITIONS pRIDR TO THe START OF COIISTR/lCTION.
II. THe CONTRACTOII SHALL IIAINTAIN PEDESTRIAN AND VEHICULAR ACCESS TO ALL ADJACEIIT PROPERTIES AT ALL TIMES UNLESS
OTHERilISE APPROVED 81' THE CITY.
12. THE CONTRACTOII SHALL NOT ENCROACH INTO pRNATE PROPERTY WITH PERSONNEL,MATeRIAL 011 EQUIPMeNT.
IJ. THE CONTRACTOR SHALL DISPOSE OF ALL Excess eXCAVATED IIATERIAi ANa DEBRIS TO AN APPROVeD SITE IN A LEGAL MANNER
AT NO ADOITIONAL COST TO THE PROJECT.
14. STOCKPILING OF IIATERIAL IN ROADWAY IS IIOT ALLOIIeD.
15. THE CONTRACTOII SHALL VERIFY, PHOTOGRAPH AND IWENTORI' THE EXACT UlCATIOI/ OF ALL eXISTING TREES. STRUCTURES.
pAVEIIEIIT OR OTHER FeATURES. ANY EXISTING STRUCTURE. pAVeMeNT. TREE OR OTHER eXISTING FEATURE, WHICH IS IN
CONFLICT OR DAJlAfJED. EXPOSED OR IN ANY WAY DISTURBED 81' CONSTRUCTION PERFORIIED UNDER THE CONTRACT. SHALL Be
RESTORED I'ROIJPTIY TO ITS OIIIGINAL CONDITION AT NO ADDITIONAL COST TO THE PROJECT.
16. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IN WRITING IMIIEDIATEIY OF ANY CONFLICT ARISING WRING CONSTRUCTION FOR
ANY IlIpfl(NEIIENTs SHOIIII ON THESE ORIIHINGS.
17. ALL CONSTRUCTION WooT SHALL Be THE RESPONSIBILITY OF THE CONTRACTOR.
18. ALL EXISTING STORM SEWER IIANHOLE TOPS AND CATCH BASIN GRATES VlITHIN THE PROJECT AREA SHALL Be IIDOIFIED
TO IIATCH FINISHED GRADE BY CITY CONTRACTOR COST SHALL Be INCIDENTAL TO pAV1!MENT PAY ITEII. PLANS IIAY NOT SHt1/I ALL
UlCATIONS NECESSARY FOR ADJIIsTlleNTS. CONTRACTOR IS MSPONslBLe FOR UlCATlNG ALL NECESSARY UTILITY TOPS
TO BE ADJUSTED.
19. ALL PROPOSED WORK SHALL BE PERFORIIED WITHIN THE LII/ITS OF THE EXISTING STATE/LOCAL RIGHT-OF-WAY. AND ALL
IIIPROVeMENTS SHALL Be CONSTIUlCTED AND INSTALLeD WITHIN SAID LIMITS.
20. THE CONTRACTOR SHALL ASSIST THE CITY WITH THE HANDUNG OF PUBLIC INFOIIMATIONMATERIALS, INCWDING CITllEN
NOTIFICATIOII LETTERS AND PROJECT CONSTRUCTION SIGNS, PRIOR TO THE START OF EACH SIONIFICNIT PHASE OF CONSTRUCTION.
COST OF THIS WORK SHALL BE INCWOED IN THE MAINTENANCE OF TRAFFIC BID ITEM.
2/. ALL EXCESS MATERIAL AS DESIGNATED BY THE ENGINEER IS TO BE DISPOSED OF 81' THe CONTRACTOR IN AREAS PROVIDED 81' HIli
WITHIN 72 HOURS OF BeING DEPOSITED IN THE CONSTRUCTION AREA AND AT THE CONTRACTOR'S EXPENSE.
22. THE CONTRACTOR SHALL PAINT ALL STATIONS WITH STENCILED NI//IBERS 01/ THE FACE OF THE CURB.
A. FROJI THE BEOINNINO OF THE PROJECT WHERE THE CUIIB IS TO MIIAIN.
B. AT NEW CUIIB NOT LATER THAN 72 HaJRS AFTER BEINO POURED.
C. WHERE CURB DOES NOT EXIST AND SHALL NOT BE CONSTRUCTED THE CONTRACTOR SHALL IIAINTAIN STATIONING WITH
SURVEYING STAKES. THE CONTRACTOR SHALL MAINTAIN. THE STATION MARKS VISIBLE UNTIL FIliAL INSPECTION. COST TO BE INCWDED
IN RELATED PAY ITEII 102-1 UAINTENANCE OF TRAFFIC.
24. CLEARIIiGAIID GRUBBIIIG. GRAD.lNG AND.DTHER INCIDENTAL.WDRIINECEssAirr FOR HARIIONIZATION INSI« RIGHT OF
WAY SHALL BE INCLUDED III THE RELATED BID ITEIIS IASPHALT, SOD, C.DIICRETE, BRICKS PAVERS. ETC. I
25. THE CONlRACTOR, IN CONJUNCT'IOII WITit THE C/~ PROJECT MANAGER. SHALL o ISTRI8IJTE. ENGLISH AND
SPANISH LANGUAGE PUBLIC INFORMATION FrYERS TO THE AFFECTED RESIDENTS AND BUSINESSES AT LEAST SEveN
171 DAYS BEFORE BEOINNINO CONSTRUCTION. COST TO BE INCLUDED IN InM 101-1. NOBILIZATION.
26. PRIOR TO COWENCEMENT OF ANY EltCAVATliJN, THE CONTRACTOR SHALL COIIPLY WITH FLORIDA STATUTE 55J.851
FOR THE PROTECT ION OF UNDeRGROUND GAS pIpEL INES.
27. STAGI.NG AND MATERIAL STORAGE SHALL NOT BE CONDUCTED ON A81JTTING PRIVATE PROPERTY WITHOur APPROVAL
FROII THe OWNER. PRIOR TO BeGINNING WORK, A RIGHT-OF-ENTRY AGREEIIENT OR LEASE BETWEEN THE PROpeRTY
DVlNER AND THe CONTRACTOR SHALL BE EXECUTED WITH COPIES PRaV IDED TO THE CITY CONSTRUCT ION MANAGER.
28. CONTRACTOR IS TO RESTORE ALL SODDED AREAS OF THe PROJECT WHICH ARE DISTURBED DUE TO CONSTRUCT ION
ACTIVITIES.
29. PROPOSED LOCATION OF TURNOUTS TO PRIVATE PROPERTY SHALL BE VERIFIED PRIOR TO CONSTRUCT ION AND IIAY BE
ADJUSTED AS MQUIRED.
JO. ALL EXISTINO TREES WITHIN THE CONSTRUCTION LIIIITS ARE TO REMMN UNLESS OTHERWISE NOTED. ALL TREES CALLED
TO BE MLOCATED ARE TO BE MLOCATED WITHIN THE CONSTRUCTION' LIIiITS AS DIRECTED 81' THE CITY CONSTRUCTION
MANAGER. ALL COSTS ASSOCIATED TO BE INCLUDED IN THE CLEARING AND GRUBBING PAY ITEM 110-1-1.
DRAINAGE NOTES:
I. ALL EXISTINO STOR/J INLETS. PIPES AND MANHOLeS ARE TO REMAIN UNLESS OTHERilISE NOTED IN THE PLANS. EXISTINO PIPES.
INLeTS NlD MANHOLeS THAT ARE TO REIIAIN, SHAU. Be COIIpLETEIY CLEANED OF DEBRIS AND DEsILTED. ALL COSTS ASSOCIATeD WITH
THE REIIDVAL OF EltlSTING PIPES. INLeTS. AND MANHOLeS. AS WELL AS CLeNIINO AND DEslLTING EXISTING PIPES TO REIIAIN. TO
BE INCWDfD IN PAY ITEMIIfJ-I-I;
2. THe CONTRACTOR IS RESPONSIBLe FOR KEEplNO EXISTINO AND NEW ·INLETS CLEAN OF IIILLlNO IIATeRIAL. Lli/EROCK.
DEBRIS. ETC. DURINO CONSTRUCTION AT NO ADDITIONAL COST.
ENVIRONMENTAL NOTES:
I. WE TO THE LlI/lTeO SCOPE OF WORK. 110 IMPACTS TO EXISTING HISTORICAL AND CULTURAL RESOORCES ARE EXPECTED AS
A RESULT OF TilE PRDPOSEDACTIDN.
2. ANY MATERIAL TO Be STOCKPILeD FOIl PERIODS GREATER THAN 24 HOURS SHALL Be PROTECTED BY APPROPfIIATe EROSION
CONTROL DfVICfS.
J. CONTRACTOR SHALL KEEP NEW AND EXISTING INLeTS CLEAN OF IIILLING IIATERIALS AND DEBRIS. INLETS LOCATED NEAR
CONSTRUCTION ACTNITIES SHOIIIJ) Be PROTECTED BY _,ATE EROSION CONTROL DEVICfS.
4. NO STAGING OR OTHER ACTNITIES FOR THIS PROJECT SHlJIIJ) OCCUR WITHIN THE DRIPLINE OF EXISTING TREES.
S. PREV1!NT DAJlAGING TREES AND PLANTERS WITHIN DR IMIIEDIATelY ADJACENT TO THe PROJECT'S RIGHT-OF-WAY.
6. A CERTIFIED ARBORIST CERTIFIED BY THE INTERIIATIONALSOCIETY OF ARBORICULTURE SHALL BE PRESENT ON SITE TO DIRECT
ALL ROOT PllVl/II/G AND/OR CANOPY TRIWING ACTNITIES IF NECESSARY.
7. TREE PROTECTION SHGUIJ) BE INSTALLED AROUND TREES TO MIIAIN UlCATeD ADJACENT TO CONSTRUCTION ACTNITIES.
8. THE CONTRACTOR SHALL NOT REIIDVE, ReUlCATE OR PRUNE ANY TMES WITHOUT pRIOII APPROVAL FROM THE CITY. THE
CONTRACTOR SHALL DBTAIN ALL REWIRED PERI/ITS FROM THE CITY SOOTH OF IIIAMI PUBLIC WORKS DEPARTMENT PRIOR TO ANY
TREE REIIDVAUREUICATIDN.
g. ALL EXISTING TMES ARE TO· REMAIN AND SHALL BE PROTECTED UNLESS OTHERWISE INDICATED IN THE PLANS.
",\\" II"" III/
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::::::J: No 64760 '.' ~ ::.,:~~~ ~ .,jdJrp<, .:(,;.-
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"111111111 11
AeVISIONS CORRADINO CITY OF SOUTH MIAMI CIrY Ofl80UTH /IIW1IT
r;>, CAPITAl IIoIPR01/EYENTS PROGRAM ~=:CA=l1:n::lt:£=1MPR:J~O~VBMBN'I'8~Ei~=PR=oa:'1UM====~
SHEET
NO. Ml55 N.W. 97111 Avenus, DoIaI, FIartd., 33178
Ph : (30&) 694.0736 Fax: (306) 694.0755
C.rtlllcale Of Au_lion No. OOOOT&eIl
E.O.R. Juan Carioo Alcantara. P.E. No. 84760
f ,I 1 4111'1.11. n.m IovP"AJ I--PROJECT E 5mJJ~!Mi~!J!i ~:":;.~::r..;';" TWIN LAKBS TRAIWC CALMING
GENERAL NOTES
3
SIGNING AND PAVEMENT /lARKING NOTES:
I. THE CONTRACTOR SHALL $llllMIT A UST OF THE EI1I5TIIIO SIGNS TO THE CITY AT THE
PRE-ct1IISTRlICTION CONFEREIICE. ANY LOST OR ONIAGED SIGII$ DlJRIIIOCDIISTRUCTION SHALL
BE II(PUCED AT NO ADDITIONAL COST. CQsT OF IIAINTAJllIIIO EIIISTING SIGNS TO BE II/CWOED
III ITEIi /02-I,IIAINTEIIAIICE OF TRAFFIC.
2. ALL SIGNIIIO NtD PAVEII£NT IIARKIIIOS INSTALlED AS PART OF THESE PUlIS SHALL CONFORII TO
THE IIDD9 EDITION OF THE FEDERAL HIIJH(IAr ADIIINISTRATION IFHflAJIINllJAL OF UNIFDRII
TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHfIArS, FIIJRIDA DEPARTII£IIT OF TRANSPORTATION
DESIGN STANDARDS 11tIISI. ALL SION PAllEts SHALL BE FABRICATED TO ctJIIPIY WITH THE IIDST
RECENT EDITION OF THE FEDERAL HIGHWAr ADIIINISTRATION STAIIDAIID HIGHWAr S/GIIS.
J. IIATCH EIISTIIIO PAVEII£IIT IIARKIIIOS AT THE BEBINIIIO AND AT THE EIID OF THE PROJECT AND AT
ALL SIDE STII(ETS WITHOIJT JOBS AND OFFSETS.
4. INCORRECTlY PLACED PAINT UARKIIIOS (N£R Nf.VI ASPHALT PAVEII£HT WILL BE REutNED I1f IIILLIIIO AND
REI'UCING THE IIfIH ASPHALT PAVEII£NT A UINIIIlJII WIDTH OF /.IS FEET AT THE CONTRACTOR'S EXPENSE.
THE ENGII/EER liAr AI'PRtJVI! Nt ALTERNATNE II£THDD IF IT CAN BE DEIIOIISTRATED TO COIIPI.I!TEIY
REUOVE THE UARKIIIGS WITHOIJT DAUAGIIIO THE ASPHALT.
5. ALL STRIPIIIG SHALL BE THERIIDPLASTIC.
UTILITY NOTES:
I. ALL EIISTIIIG UTILITIES All( TO II(I/AIN UNLESS OTHERWISE NOTED.
2. ALL EIISTIIIO N1(1I£-DRf)UN(I UTILITIES ARE TO BE ADIIISTED TO MATCH I¥IOI'OSi!o GRNJI! ELEVATIGNS.
CONTRACTOR IS RESPOIISIlLE FRO COORDINATING THIS WORK WITH THE Al'PRDl'RIATE UTILITY COIJPNtIES.
J. JWO FULL BlJSIII£SS DAl'S PRIOR TO IJIfJI1I11O THE CONTRACTOR SHALL CALL SlJllSHIII£ STATE DIll! CALL OF FIIJRIDA,
TElEI'HOIIE NUllBER 811, AND THE UTILITY DNIIERS AND RE/IIlEST UTIUTY IJJCATIONS. A CONTRACTOR'S
REPRESENTATNE WST BE PRESEIIT WHEN UTiUTY COIJPANIES /JJCATE THEHI FACIUTIES.
4. THE CO/ITRACTOR IS _/SED THAT PROPERTIES ADJACEIIT TO THE PROJECT HAVE ElECTRIC, STREET LI8HTING,
TELEPHOIIE, GAS, WATER AND/OR SEWER SElNICE LATERALS WHICH liAr NOT BE SHDIIII IN PUlIS. THE CONTRACTOR
/lUST R£r¥IEST THE IJJCATII1II OF THESE LATERAL SEIWICES FRf)II THE UTIUTY COIJPANIES. THE ADDITIONAL COST
OF ElCAVATlNG,lIISTALLIIIG, BACIIFILLIIIG AND CIOIIPACTING ARIJIIID THESE LATERAL SElNICES /lUST BE II/CWOED IN
THE 810 RELATED ITEII FOR THE WORK BEING CONE.
5. PRE -TREIICHIIIO IN THE AUGIIIII!IIT AND GRADE OF I¥/IJPr1SED PIPES, STRUCTURES, FREJICH DRAIIIS, SLAB ClNERED
TRENCHES, COIIWITS ANO/OR SUB-GRADE SHALL BE PERFDRIIED SEVEII OArS .IN. _AlICE OF ITS ct1IISTRUCTIOII.
THE CONTRACTOR SHALL IWNIDE IJIIDI!RGIIIIIIID UTIUTY O/HI£RS AND THE EII4I11£ER OF RECORD. WITH A SEVEII OArS _AlICE NOTICE OF ANT CONFLICT WITH PIIOPDS£O COIISTlWCrlOll. THIS NOTIFICATKIII SHALL I'RIJIIIDI! SIIIIIIfr
IIIFORIIATION AIJ(JUT EXISTIIIO UTILITY AUGllMEHT, GRADE AND I'OSSIBU CONFUCTS. PArIlEJlT FOR PRE-TREllCHIIIO,
SIJRV£T AND BACIIFILLING SHALL BE II/CWOED IN THE COST OF THE II(LATED BID lTEIi FOR THE WORK BEIIIG DIJIIE.
6. IT SHALL BE THE CONTRACTOR'S SOlE 1I(5I'(JI/S181LITr TO VERTICALLT AND HORIZDIITALIY PROTECT ANT AND ALL EXISTIIIO
UTILITIES 011 THIS PROJECT. ANT OAIIAGE TO 5IICH UTILITIES SHI1NII OR NOT SHtIIIII 011 THE I'LAIIS SHALL BE IllllEDlATEIY
REPORTED TO THE UTIUTY OIII1ER. THE OIII1ER RESERVES THE RIIIHT TO REIlEOT 5IICH OAJIAG£ I1f ORDERIIIIJ DIITSIDE
PARTIES TO IIN/E SUCH REPAIRS AT THE ElPEIISE TO THE CONTRACTOR.
7. £IISTII/G UTILITIES SHALL BE IIAINTAINED IN SEIWICE DlJRING COIISTRlICTIDII UNLESS OTHERWISE Al'PRtJVl!D Br THE UTILITY
OIIIIER. ALL EX,STII/G UTIUTIES ARE TO REJlAJII UNLESS OTHERWISE //DTED.
8. UTILITY DllNERSI
COIII'ANT,
ATLANTIC 811DA11BAND
AT&T DlSTRIIJIJTION
a/IICAST CABLE
FIIJRIDA CITY GAS
FIIJRIbA f'DIIER , LIIIHT DlSTRIBUTIDII
"'Alli-DADE CDIIII7'I PUBLIC WORKS
"'Alli-DADE CDIIII7'I WATER & SEWER
_TACT PER5(J//,
DAVID IIdJRIDI!
STEVE IIASSIE
KEITH SWINT
ROLAIID IIIJll
TRACY STERN
DCTAVID VIDAL
IIARIt! fJARCIA
TEtEl'HDIII! II/JIIBER,
SUNSHINE DESIGN TICKET NQ.:
J4J4QJJ4S
APf'ucAILE .5,
I. ALL CDIISTR1ICTiDN. AND IIATERIALS· SHALL BE IN S.TRICT JtX:tIIIIJNICE WITH THE LATEST _,REII£NTS OF THE CITY OF 5aJTH 1I1A11I,
FDlJT, AND ALL OTHER API'UCIIJI.E IIICAL, STATE AND NATIONAL ags.
II. THE CONTRACTOR SHALL BE 1iESPr»ts1BU FOR EllSlJRING THAT ALL CDIISTlWCrlON BE CONE IN A SAFE IINNIER AND IN
STRICT CDIIPL/NiCI! WITH ALL THE REfIIIREIlEHTS OF THE FEDERAL OCCIJPATIONAL SAFETY AND HEALTH ACT OF WID, AND ALL STATE
AND /JJCAL SAFETY AiID HEALTH REDllLAT!DIIS.
PRE-ctlllSTllllCTIDIi RE5I'(JI/SIBIUrlES:
f. PRIOR TO TilE CII1IIIIENcEII£NT OF THE CONSTRUCTIDIi AND THE· II£CI!IPT OF T/iE. "/IOTICE to I'ROCEED", THE CONTRA(:TOR SHALL
_TACT THE C.I.P. flRDJECT iimAGER AND ARIIAIIIJE APRE-ctlllSTRUCTIOII COIIfEfJENC£ TO II/CWOE THE ENGIII£ER OF
IIECQ'!I). THE COIITRACTOR SIIALL 51JB1ifT A CI1IISTRIJCTKIII SCIIElJJLE AND BE PREPARED TO DISt:IJ5S ANY ODIICERIIS OR CI1IJRDIIIATIDII
EFFORTS AIID ¥IJJIREIlENT5WITH THE PARTIES IIIVDLVED.
2. THE CON·TRACtaR SHALL DBTAJII A SUllSHIII£ STATE 011£ cALL OF FIIJRIOA,·II/C. CERTIFICATION IIIIIdBER AT LEAST 48 HDIIRS
PRiOR TO BEGIIIIIINGAII1ElCAIIATIDII. COIITACT 811, _.cALLSVIISHIIIE.QJII
:1. CONTRACTOR SHALL PREPARE AIID $llllMIT TO THE CITY ENGINEER A STDRN 'ilATER I'OU.lJTIDII PREVEIITIDII PLAN II:t:tIRDIH8 TO THE
LATEST FDlJT SPECIFICATIONS FOR ROAD AND BRII1IJE. COIISTIWCTIOII, SECTIDII 1tH-6.CONTRACTO(I SHALL II/PiEIIE/lT THE PLAN PRIOR
AND DlJRII/(J CONSTllllCTION AT 110 ADDITIONAL COST TO THE OffIlER.
PROJECT RfCtJRIHXJClJII£IITS:
I. DIJRINS TilE DAIlY ~OF THE JIJIJ THE· CtJIITRACTOR SHALL II(crJRD THE EIACT l.DCATIDII,·LENGTH. AND ELEVATION OF ALL
PRDI'OSED IIII'RtNEII£IITS 011 HIS SET OF CONSTRUCT. ORIlllIIIOS. ,
t. UPDII COIJPLETIDII OF ttlNsTilllCTIDII AND PRIIJR TO FINAL PATIIEJIT, THE _TRACTOR SHALL _,T TO THE ENGIII£ER DII£ CtJIIPLETE
SET OF AU. 'AS BUILT" CiJllSTRUCTItJiI CHANIJES AND DlllEIISIDIIS,IJJCATIONS AND ELEVATIDIIS OF ALL _IITS FOR THIS PROJECT.
J. ALL. 'AS-BIJILT' 1NF00000ATIDII AND ELEVATIONS SHALL BE CfRTIFIED I1f A FLORIDA IlEGISTEIlED LAIID SiJRVETDR AND ALL FINAL
IlEASIJRI!II£NTS ME TO BE IN THE FDRII OF FIELD IIOTES.
GENERAL NOTES
SHEET
NO.
4
CITY OF SOUTH MIAMI
( •. CAPITAL II.!!'ROYENl:HT5 PROOR"'"
~~~~M!~~ .~~~:1O~~5 ROADWAY PLANS
5
CITY OF SOUTH
. CAPITAl INPRO'JEUEHlS _
Sout\ r~1 \.. .m .w. .... ''''.:as
NO, 0000711115 I ..... ~: .. MI~ ~":'~
ROADWAY PLANS
6
6£N£BAL;.
I. TRKFIC CONTROlS SHALL BE IN NXOI/DAIICE WITH THE PROJECT PLAItS. THE CURRENT EDITION OF THE FLORIDA OOT
DESIliII STANDARDS 1600 SERIESI. THE STANONIO SPECIFICATION FOR /IOAO.NIf) BRIOGf CONSTRllCTION. NIf) THE
MANlJAL ON IINIFORM TRAFFIC CONTROL DEVICES AS MINIII/JI/ CRITERIA.
t. NOTIFICATION OF WIf CLOSIJRES OR TEIIPORART O£TOIIRS SHALL BE AlXXIIIPLISHED 14 WORKING DAYS PRIOR TO
CLOSQRf. DETOIIR OR I/OT PHASE CHAIIGf SHALL BE SIJ8IIITTED WITH THE REOIIIRED LANE CLOSIJRE FORII. SlCETCHES.
CALCULATIONS, AND OTHER OATA TO THE ENGINEER.
J. THE CONTRACTOR SHALL BE RESI'OIISIBLE FOR FURNISHING,INSTALLING, AND MAINTAINING ALL TRAFFIC CONTROLS AND
SAFETY DEVICES IN NXOROAIICE WITH THE CURRENT EDITION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION
DESIGN STANDARDS INDEX 600'$ AND THE MANlJAL ON UNIFORM TRAFFIC CONTROL DEVICES: COST TO BE INCLUDED IN
MAINTENANCE OF TRKFIC PAY ITEM.
4. THE CONTRACTOR SHALL IUUEDIATELY REPAIR ALL POTHOLES THAT DEVELOP WITHIN THE PROJECT LIMITS AND WILL
MAINTAIN A SUPPLY OF COLO IIIX ON THE PROJECT SITE TO EXPEDITE THOSE REPAIRS. COST OF REPAIR TO BE
INCLUDED IN PAr ITEM IOt-I,MAINTENANCE OF TRAFFIC.
5. THE TRAFFIC AND TRAVEL WAYS SHALL NOT BE ALTERED Bf THE CONTRACTOR TO CREATE A WORK ZONE UNTIL ALL
LABOR AND /lATERIAL ARE AVAILABLE FOR THE CONSTRllCTION IN THAT AREA.
6. AS DETERUINED Bf THE ENGINEER, THE CONTRACTOR SHALL COVER WORK ZONE SIliIIS WHEN CONDITIONS NO LONGER
WARRANT THEIR USE. COST OF COVERING AND UNCOVERING THE SIGNS SHALL BE INCLUDED IN PAY ITEM 102-1.
MAINTENANCE OF TRKF /C.
7. CONTRACTOR SHALL RE_E, RELOCATE OR COVER _ EXISTINO OR PROPOSED SIGNS THAT CONFLICT WITH THE
TRKFIC CONTROL PLANS. WHEN THE CONFLICT NO LONGER EXISTS, THE CONTRACTOR SHALL RESTORE THE SIGNS
TO THEIR ORIGINAL POSITION; COST OF TEMPORARILY REIKNING, RELOCATING, COVERING AND RESTORING THE
SIGNS SHALL BE INCLUDED IN PAr ITEM 102-1, MAINTENANCE OF TRAFFIC.
8. EACH EXISTING STREET NAIIE AND STOP SIliII AFFECTED (Jt CONSTRUCTION SHALL BE RELOCATED AND MAINTAINED
IN AN APPROPRIATE LOCATION FOR THE DURATION OF THE PROJECT. WHEN NO LONGER AFFECTED Bf CONSTRUCTION,
THESE SIGNS SHALf. BE RESTORED TO THEIR OR/IJINAL POSITION. COST OF TEIIPOIIARILY RELOCATING AND
RESTORING THE SIGNS SHALL BE INCLUDED IN PAY ITEM 102-1, MAINTENANCE OF TRAFFIC.
9. CONTRACTOR SHALL BE RESPONSiBLE FOR THE IMMEDIATE REIIINAL OF STORII WATER FROM ROADNAYS UTILIZED FOR
MAINTAINING TRAFFIC IN A MANNER APPROVED Bf THE ENGINEER. COST FOR RE_,NO THE WATER SHALL BE
INCLUDED IN PAY ITEM 102-I,MAINTENANCE OF TRAFFIC.
10. ACCESS TO AU PROPERTY O/tNERS IIUST BE IIAINT AINED.
1/. SIGNS SHALL BE PLACEO ONLY AS APPLICABLE FOR EACH INTERSECTION.
12. ALL WORIC SHALL BE PERFOIIED DURING DArTIIiE OIILY /B:OO All TO 5:00 PIlI
DROP OFFS:
IJ. ~'JJi9f{~~~Alo';,,":Of:fJe:~~ =E~rETOW'l:,j:(~fls.APPROVED Bf THE CITY OF SOUTH MIAIII PROJECT
14. FOR DROP OFFS. THE CONTRACTOR'S ATTENTION IS DIRECTED TO STANDARD INDEX NO. 600, sHEET 10 OF IJ. THE
CONTRACTOR SHALL USE SHOIILDfR TREATMENT DETAIL WHEN NO BARRIERS ARE REtJllRfD IN THE PLAItS.
CITY OF SOUTH
PAVEIlENT MARKINGS'
17. COST OF REIIINAL OF WORK ZOItE PAVEMENT MARJeINOS (INCLUDING PAINT, REMOVABLE TAPE AND MARKERSI,
REGAROLESS OF METHf){), TO BE INCLUDED IN 102-1, MAINTENAN« OF TRAFFIC. ALSO INCLUDES THE COST OF
fIE_At.OF PAVEMENT ·MARKINOS AND IIAI1J(ERS, EXISTED PRIOR TO CONSTRUCTION. USE OF BLACK PAINT TO
COVER EXISTING AIIOIOII TEIIPORART PAVEMEIITMARJeIIl6S IS PROHIBITED. GRIND/NG OR MILLiNG SHALL ONLY BE
PERJlITTED IN /lOll-TRAFFIC AREAS.
lB. ALL TEMPORARY STRIPES NIf) MARKINGS SHALL BE PAINT ONLY,IINLESS OTHERWISE SPECIFIED 011 THE PLANS
OR APPROVED (Jt THE ENGINEER. COSTS TO BE INCLUDED UNDER PAY ITEM 102-1, MAINTEIIAN« OF TRKFIC.
PEDESTRIANS. BICYCLES. AND WHEEI.CHAIRS.
". AT THE END OF EACH WORK !lAY OR WHENEVER THE WORK ZOIIE BECOIIES INACTNE, _ DROP OFF GREATER
'THAN 6 IN ADJACENT TO THE PEDESTRIAN, BICYCLE, AND WHEEI.CHAIR TRAVEL .pATHS SHALL 8E BACKFILLED
FLUSH WITH THE SAID PATHS IJR PROTECTED WITH TEIiPORAm FENCE, CONCRETE BARRIER WALL OR APPROVED
HANORAIL. COST SHALL BE INCLUDED IN PAY ITEII 102-1, MAINTENANCE ~ TRAFFIC.
20. CDIISTRlJCTION ACTNITIES THAT REOIIIRE SIDEWALK CLOSUIlfS IlUST /lAINTAIN PEDESTRIAN CONNECTNITY THROIIGH
THE USE OF FOOT DESIGN STANDARDS INDEX 660.
WORK ZONE LlIl/TS.
21. PROPfRTY ACCESS SHAU.BE MAINTAINED IN ACCORDANCE TO SUBARTICLE /02-5.5 OF THE STANDARD sPECIFICATIONS
FOR ROAD AND BRIDGE CONSTRlJCTION.
TRAFFIC CONTROL PLAN
I. FOR SPEED HUMP CONSTRUCTIOII, CONTRACTOR SHALL CDl/STRllCT ONE LANE
AT A TIME USING FOOT INDEX· 6113.
CITT 01' 8OUJ7I MlIIMI
{ ., .. \ CAPITAl. III'ROYEI,IElHS P~OCRAII
S!J!!!~~M!?'1)li '::;'~~'":i7
CAPI2'A£ 1NPROV)lMllN'1'8 PROfIMM TRAFFllC CONTROL
GENERAL NOTES
SHEET
NO.
8
PAY DESCRIPTION ITEM NO.
~ -I-H IIIGI.E t 55 THAll --. -. . . .
H-II-t2.J j ~ I
-I II! I
11--~ I
REVISIONS
TABULA TION OF QUANTITIES
SHEET IfIJlIBERS
W'T~~o.;E~T~5~-=SHE~E;T~6~--------r-------~------~-------r-------T------~r-------r-----~
PUll FINAL PUll FiliAL ,,/.All FiliAL ,,/.All FINAL PUll FINAL ,,/.All FiliAL ,,/.All FINAL ,,/.All FINAL PUll FINAL ,,/.All FiliAL
lIS
.2
2
... ...
_ 0
~ '.
~ ,
"" ~SS;O~~""" "",;;;,-,\\'
e 0 R R A 0 I N 0 CITY OF SOUTH MIAMI CI7'T 011 SOUl'll MWt1
TOTAL GRAIID THIS
SHEET TOTAL
,,/All FiliAL ,,/.All FINAL
4
4 B
'2J2 2:12
.2!lS .295
.JOt .JOt
SIGNING AND .MARKINGS
TABULATION OF QUANTITIES
REF.
SHEET
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NO.
9
EXHO~U'f 2
TWIN LAKES TRAFFIC CALMING PROJECT
RIFf IPW20 18-0 i
Insurance & Indemnification Requirements
Insurance
A. Without limiting its liability. the contractor. consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM. from claims which may arise out of or result from the
contract or the performance of the cOntract with the City of South Miami. whether such claim is against
the FIRM or any sub-contractor. or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or 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. or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation. disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease. or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease. or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages. other than to the Work itself. because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury. death of a person or property damage arising out of ownership. maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
Finn's onsunnce GeneralBy. The FIRM shall provide and maintain in force and effect until all the Work to be
performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter). the insurance coverage written on Florida approved forms and as set forth below:
Workers' Compensation OnslLllrMce at the statutory amount as to all employees in compliance with the
'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes. as presendy written
or hereafter amended. and all applicable federal laws. In addition. the policy (ies) must include: Employers' liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
Commercial Comprehensive Generalliabilit;y insurance with broad form endorsement, as well as
automobile liability. completed operations and products liability. contractual liability, severability of interest with
cross liability provision. and personal injury and property damage liability with limits of $1.000.000 combined single
limit per occurrence and $2,000,000 aggregate, including:
o Personal Injury: $1,000.000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500.000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
$2,000.000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General liability policy. without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
Thomas F. Pepe
12114/2016
49
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract. including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
Business Automobile liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional
One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. 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
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall
contain the same insurance provision as set forth in these insurance and indemnification requirements, other than
the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where
applicable.
fire and Extended Coverillge Onsurance (lBuiUdle!!"S' !Risk). Of AIPIPLUCA18B.IE:
A In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings or structures. The policy or policies shall also cover
machinery, if the cost of machinery is included in the Contract. or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it
would be clearly not applicable.
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 be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond. in a
form satisfactory to 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 as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. Th~ insurer
shall be rated A VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. 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 be required by the CITY, at its sole discretion, to provide a "certified copy" of the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
( I) a policy provision or an endorsement with su bstantially similar provisions as follows:
Thomas F. Pepe
12/14/2016
"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 injury", 'property
so
damage', or "personal and advertising injury" and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the City."
E. If the FIRM is providing profeSSional services, such as would be prOVided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
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 Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or 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 or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees.
successors and assigns, harmless from any and all damages, claims, liability, losses, claims. demands, suits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or follOWing any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami. its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of 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 of the CITY and/or its affected officers. affiliates, employees,
successors and assigns, including their attorney's fees. in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their
agents, representatives, employees, or assigns. and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns. or anyone acting through
or on behalf of the them, and ariSing out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), 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 concer:ning indemnification. Thus,
Thomas F. Pepe
12/14/2016
S1
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, reG:klessness, 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
12114/2016
END OF SECTION
52
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53
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EXIHlUBBT 4
COINISTIlUIlCTHOINICONTRACii
TWIIN! lAKES TRAIFIFBC CALMING PROJECT
RIFF' PW20 0 8·07
--., I g.-[IV', iU'J . t' (-'
THIS CONTRACT was made ,and entered into on this '-:-' .~~ day of ~ ty"C '\ , 20~
by and betWeen TerraHyle Contractors. Inc. (her~fter'reterred to as -
UContractor',. -~d the City of South Mi~i (hereafter referr~d to as "Owner"), thr(Jugh its C;:ity Mao@ger (hereafter'
,~rred to u"City'1.
WITINE$ETIH:
Tf:il!.~ the ~olitraCtor, tor the consideration·hereinaf,ter'fully'setpUJ:, her~bY'agreeswith the OwnerasfQllows:
I: The CQntraCtOrshaU'fumish',alllabor, materials. equipment, machinery, too!s..apparaws,transportation and
any Other items necessary to p.erform aJI,Qf the workshoWiJ 'on and described in the Contl'ad: Documents
and shaff do everything ~q~red by dli$ Contr'actand the _other Contract Documents hereiil.r referred
to as the Work. '
2. The Contract Documents shall include this Contract, General Conditions to the Collt\'8Ct. if any, the
drawingS, plans, specificatioris. and prpject manual, if any, ahysupplemer:rtary or special conditic;ms, other:
ci()cumentS referring to this contract andslgrted by the parties, the solicitation documents r'here,litafter
nife!Ted -to as "Bid Documents" and any dQclJme$ to which those dCiCIJ.me)JtS ~fer whi(b ;lre l,I,sedby
:dI~,OWneras-well as" any attachments or ~ibitS that are made a p~ afany ofdle docUI1l~nts -desCribed
herein. '
3. T6~9orttrictOr shalleommence the Wo_rkto ~eperloi1ned !Jnder this Contra,ct ,on a da):e_~ be speCIfied
'iil a Notlce:toProceed arid shall complete all Work hereunder within the le,ng1:h oftlme,set,fQrth II'! the
C9ntra£t Documents.
4. The ,OWner hereby:agree.S:to pay to the Cotrtractor for the faithful perfotmaJ1ce of this Contr~~ s~bjeCt to
adcfltioDs and deductions' as pfoVidedin the Contract Documents and any properly appr-oved. written
chanp orders. in lawful mOney of the United States, the Lump Sum, amount of.
__ Tw--,-tm_ty_l'_w_O_Th_ous_' _aD_-d_S_, ,e_v_en..,...H_' _un_d_re_d_Thirty_, _·_,_Fi_ve_, __ lI)oBlars ($,
(Spell DOUarArnountabove) ("Contract Price").
22,735.0.0 )
5; The expenses of perfOrming Work after regular Working hoUrs, and on Sunday and legal holidays shall be
included in the Contract Price. The City may demand, at any point in time. thll.tany part; or all. of the Work
be performed after regular workinghou,rs. In such event, the Respondent shall have no right to additional
compensation for such work.. However. nothing containeli herein shall _uthorize work on days and duting
hours that are otherwise prohibited by or<;finance unless specifically authorized orinstru~d in writing by
~~ , " -
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 talendar month by the Contfactor.less the retainage (all as provided for in the Contract
Docu~entS). which is to be Withheld by the Owner until completion and a(:ceptance of the complete
project In accordance with this Conti"act and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submisSio.n by the Contra~r of evidence satisfac;toryto the Owner that all labor. material, and other
costs incurred by the Contractor in connection with the construction of the Work have been paid in full,
and after compliance with the terms for payment provided for in the Contract Documents. final payment on
account of this Contract-shall be ml!,de within sixty (60) calendar days after the completion by the Contractor
(jf all Work covered by this Contract and the acceptance of such Work by the Owner.
8. The Work shall be completed in 120 calendall" ciays. In the event that the Con'tractor shall fail to
complete the Work within the time limit stipulated in the Contract Documents, or the e>¢ended time limit
agr-eed upon, in accordance with the procedure as more particularly set forth in the Contract Documents,
liqUidated damages shall be paid by the Contractor at the rate of $2.500' per 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.
9. It is further mutually aueed between the parties hereto that if a Payment ancl10r Performance Bond ("Bond',)
is required and if, at any time after the execution of this Contract and the Bond for Its faithful performance
and payment, the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for
any reason such bond ceases to be adequate to cover the performance of the Work or payment to
Thomas F. Pape
12114/2016
S6
subcontractors and suppliers, the Contractor shall; at its exp.ense within five (5) business days after the
receipt of notice from the City so to do. furnish ariadditional bond or bonds in such fori:n and amount and
with such Surety or Sureties as shaflbe satisfactory to the City.. In such event, no further payment to the
Contractor shall Qe deemed to be due under this Contract until.s\.Ich neW or additional security for the
faithful perforrnance of the Work is fumished in the manner and in ·the form satisf,.ctory to the City.
10. No additi.onal Wor~or extras shall be dorieunlessthesameis duly alithoriiedi,.,writingrand jnadvance
of thewor~ by appropria~ action by the City and in accordance with theC(>n(tact QoCUments.
II. The date that this contractwas "madeandenteredirito"an'd i'ts.effeCtiv/1i date is thedate'that the contract is the
. sign~bythe City or; if the contrad: is required to be appr~vedbyresolutiolidf the~City·Cornmission. then the
Effective Date is the date of the resolution approving the Contract whichever .is. the later date •
. IN WITNESS WHEREOf, the parties hereto have executed this COntract 01\ ~eday and ·date set
forth.next to their name below.and rn:iY be signedir'l oile or more coUnterparts~ ~chqf Which~hall, WithOUt proof
oraccQunting for the other counterpart, be deemed an orl~nal Contract. .
Signature:
Thomas F. Pepe
1211412016
City Attomey
CONIRACTOR: Terra HvleContraetors. Inc.
Signature: . L-... &-~
Print Signatory'S Name: ....,LE"-li11u.· '!Oo'enu.· .... ta~Q!,!,c~au.n""a"---______ _
Tide of Signatory: President .<2
. . ./
OWNER: CI~1UlTH MDAMB _,_-~
Sjgn~ Ste n Alexander
/tyManager
57
CONSTIRlJUlCTDOINI CONTRACT
GENERAL COlNllDlBTBONS
TWAN lAKES TRAFFIC CALMING PROJECT
RFP PW20 n 8-07
ARTICLE 0 -IDEfINBTBOrNIS
Whenever used in these General Conditions or in the other Cantract Documents, the following terms $hall have
the. meaning ,ii'dica.~d. These, definitions shall always apply when the section of the Contract spedfica:11y refers to
this Article for the purpose of interpreting a word or group af words in tha~sectiOll of the Contract Documen,t
However; when the section of the Contract, where the word to be defined is used, does nat specifically referS to
this Article to define the word or group of words, the definitions contained in this Article shall not apply unless
the word or group of words. in the context of it or their use in the Contract Document In qUestion,is/are
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpretteirins in a
specific provision ofa Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify orirtterpret the Contract
DbtIJinents, Drawings and Specifications; by addition, deletions, clarifications or cor-rection.
Application for Payment: A form approved by the CONSULTANT, if any! or the City Managenllihich is to be used
by the CONTRACTOR in requesting progress payments.
Bid: The offer or proposal. of the Bidder submitted on ,the prescribed form setting forth the prices and other
terms for tile Work to be performed.
Bidder: Any person, firm or corporation submittinga'response to the Owner's solicitation for proposals or bids
fc;rWork.
Bid Documents: The solicitation (or bidsot proposals and afl documents that make up the Solicitation inCluding
me instructions. form of documents and affidavits. .
Bonds; Bid bond, performance and payment bonds and other insuumentsof security, furnished by the
CONTRACTOR and its surety in accordance with th-e Contract Documents and in accordance with the laws of
the State of Florida.
Change Order: A written ordetto the CONTRACTOR signed by the City Manager authorizing an addition.
deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time iSsued after
exeCution .ofthe Contract.
Work order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by th~ City to the CONTRACTOR. The proposill includes line item
pricing, where there are multiple locations. and the timeframe for completing the work.
CITY: The City Manager for the City of Sol/th Miami, 6130 Sunset Drive, South Miami, FL 33143, unless the context
wherein the word is used should more appropriately mean the City of South Miami. .
Construction Observer. An authorized representative of the CONSULTANT, if any. or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notifled 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 ancl modifications issued after execution orthe Contract as
well as all Bid Documents including but not limited to the solicitation for Bid, CONiRACTOR'S Bid, the Bonds.
InsiJrance endo~ements, Insurance Certificates and policies. the Notice of Award. the Notice to ProCeed. the
General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporated specifications, addenda to the drawings issued prior to execiJtion of the
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications to any of the Contract Documents.
Contract Price: The total moneys payable to th~ CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar clays 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.
CONTRACTOR: The person, firm or corporation with whom the OWNER has executed the Contract.
CONSUL TAN!; The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
CITY's designated representative as identified in the Supplementary Conditions.
Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it shall be presumed
to be a calendar day unless specifically designated as a business day.
Thomas F. Pepe
1211412.016
58
Days: The number of twenty.,four (24) hour periods following the event to which the word "days" refers
commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any perioci 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 snail run until the end of the next business day d:Iat is
not a Sat\.irday. Sunday or legal h()liday.
Defective Work: Work that IS unsatisfactoty, faulty. or deficient in that it does riot conform to the Contract
Documerit,S, or does n()t meettherequireme\1ts ohny applicable inspection, reference standard. tes1;. or approval
referred to in the Contract Doc.uments. orhCJ$ been damaged prior to the CONSULTANTS recommendation· of
final payni¢i'lt (\lnless resporisibUityforthe protectic;m ther~of has been delegated to the OWner); subStitutions that
atertQt properlyapprQved andauth()rized. anydeficie.l'lcy in tbeWork. ma:terialsand equipment; lTiateriais and
equipmentfurnisRed uru:Jerthe Contractth,at are not good quality arid new unless otherwise required or
permitted by theContta~t Pocum~~. .
Drawings: Thedrawillgs which show the chara~er and Scope of the Workto be perforined and which have been
prepared or llPproverlby the CONSULTANT. qr if rtone,then by an architect or engineer hired by the City and
are referred to in the Contract [)ocuments. .
neldOtder: A writt~o orcierissueii by the CONSULTANT whiCh clarifies or interprets th~Contract Documents
in accordance with Paragraph 9,301" or~ersminQrchangElS iii the Wcj"rkjri accordance with paragraph 10.2.
Modification: (a) A Wr!ttencamendmentof the Contra~ Documeilts.signed by both parties. (b) a Change Order
SIgned by :both pat'1;ie~. (c) Ii. written clarification or interpretatic>n ifissued by the CONSULTANT in accordance
withpar3gfaph 9.3 or (d) il. written order for min!:)r changeoraltel'ation in the Work issued by the
CONSULTANT purSuant ~o Paragraph 10.2. A modification may only be. issuE!d ,after executjem of the Contract; it
must. be in Writing and$ignedbythe party~nst whom ibe modification is sought to b¢. enforced.
Non-<onfotmiflgWorkinean~ work thl1~ does not conform totheConttact~DC)cuments and iot,hides work that is
unsatiSfactOty, fault¥, or deficient or th.at does not meet the req'Uirelllents of any applicable inspection. reference
standatd,.1;~ or· that dOElSnot meetanyapproviil required by, or referredio in, the ColTtta~ Documents, or
wotkihat ~ been damaged prior to CONSULTANT's reCommendation of finalpaymeilt(unl$ responsibility for
the proteCtion thereof has b~n assumed in wri1:irig by·CITY).
Notii::e'ofAYiard: The written notice by CITY ttl the apparent successful Bidder stating that upon compliance with
the conditiCmsprececlentto bi:lfulfirrec1 by it within the timespec::iftec/, CITY Will execl.lte and deliver.the Contract
tohitT"
Notic'eto Proceed: A written notice given by CiTY ~ CONTRACTOR (with copy to CONSULTANT) fixing the
date .on which the Contract Time shall commence to run anq on which CONTRACTOR shall start to perform its
obligations under the Contr"!lct Documents.
Person: An ihdivjduajor legal entity.
Proiatt The entire c::onstruction operation being performed as delineated in the Contract Documents.
Polic;y:Theterm "policy" as used in the Contra!=!: Documents shall mean the insurance binder, if it is issued. the
declaration page of thep91icyand the body of the policy. including all endorsements.
RFP: R~u$fQr Proposal.
Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Work unless the cont.ext in which the phase is used chaarly meanS otherwise.
ShOR DmwingS: All drawing$. 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 requireo by the Contract DOcuments.
Samples: Physical' ewnples which illustrate materials, equipment or workmanship and establish standards by Which
the. WorkwilJ 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 inoividual.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.
SubStantia! Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a
certified part thereofis 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 me project or portion
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information. from any source,
Thomas IF. Pepe
1211412016
59
or when it would not have. been issue but for the consideration of Work that is therea~r found to be defective to
a degree gr4i\aterthan that which would normally to be considered by the City to be minor "punch list" work.
Sypplier: Any person or organization who supplies materials or equipment for the Work. indudingthe fabrication
of ~ item,but·wh0 does not perform labor at the site. of the Work.
~ The indiVidual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
. full and faithful ~rformance of the Contract and for the payment .of all labor, services arid materials used· on the
prQject.
WorlcAnyand 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, instrugions.
clain:t~approvals and disapprovals required to ()bta,in compliance with Contract requirementS. Written notice
·shallbe.med·to bave ~n duly $erved.ifdelivered in person to the indiVidual or to a inember· of the firm or to
an officer of the corporation fQr whom it is imended. or tQ an authorized represen~tive of such indiVidual. firm, Qr
corpotlltion, or if de.livered at or sent by registered .mail to the last known business address. Unless otherwise
.statedln wrnmg.any notice to· or demandupo!'\ ~e OWNER under this Contract shall be deliVered to the City
Managerarid·the CONSULTANT.
ARTOCLIE l ... pRELOMINAIRY. MAiiTli:RS
~
2.1 The CItY reserves ¢e rigDri: to reject any and aDD .Bids, at its sole. dDscredon~Bids shall be awarded
byth~ CITY tQthe lowestrespolJSive and reSponsible Bidder. No Notice of Award shall begiyen until. the
CITY has. con~uded its i~gation, as it deems necessary. to establish~ to the. satisfaction ofthEi!. CITY.
w!:Uq. Bld.der inhemost reSp~nsiVe and responsible of all the Bidders to comple~ the Work within the
timep.re.crib~~ and in.accordanc:;ewith the Contract Documents. The CITY resEirv~·t\1erlghtto i"ej~t
theald'of1ll.1yBidder who is not believed to be, in the sole discretion.and SatisfactiOn of the Oty. to b~
su$dentJy r_ponsibJe. qualified and finan~ able to· perform the work. In analyzing~. Bid, the CITY m.y
·also take jntoconside~on alternate ~d unit prices; if requested by the Bidfofms. If the ~ is
awar~ed, the CITY shall issue the Notice of Award and give the successful Bidder a C\::mtnlctJQr
execution within ninety (90) day after opening Of Bids;
Execution of Contract;
2.2 At leastfqur C:OI.mtEtrparB of the Contract. the Performance and Payment Bond. the Certificates of
Insq~~ the Binder of In!5urance if issued, the Insurance Declaration Page .ifn·otillcluded in the Policy of
Insurance. the Policy of Insurance required by the Contract: ·Docutilents.'the writtennotice·of designated
supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be exectitedand delivered by CONTRACTOR
tathe ciTY within ten (10) calendar days of receipt of the Notice of Award. A Contrad Document that
requires the signa~re 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 accounti.ng for the other
counterpart be deemed ~ ori~nal ContraCt Document.
Forfeiture of Bid Security/Performance and Pa,yrnentBond. if any are required by the appIbble RFP:
2.3 Within ten (10) calendar days of being notified of the Award. CONTRACTOR shall furnish a Performance
80ndand aPaymtmt Bond containing all the provisions of the Perlomiance 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. Qr Subcontract:or employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 23.4. 2.3.5. and 23.6.
2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum.
2.3.3 Pursuant to the requirements of Section 255.05( I), Florida Statutes. CONTRACTOR shall ensure
that the Bond(s} referenced above shall be recorded in the public records of Miami-Dade County
and provide CITY with evidence of such recording.
23.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety. having a resident agent in the State of Florida and having been In bUsiness with a record
of successful continuous operation for a least five (5) years.
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2.3.5 The surety company shall hold a current certificate of autllomy as acceptable $U~ty on federal
bonds in accordance with the United States Departmen~ of Treasury Cu-culaJ'570, ~rrent
revisions.
2 .. 3.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or
better. . .
2.3,7 failure of the succ:essful Bidder. to .. executeaod deliver the Contract; and ·.deiiv.liil'the required
bonds and Insurance documents shall be cause for the CITY to annul ih~ Notice of Award and
declare the Bid and any security therefore. forfeited •
. Contractor's .Pr'e-Sutt Representa:tion;
2.4 CQNTRACTQR' i'epteSents t\:Iat. it has familiariieditS.elf With, and .!:lmes t\l1I responsibili1;y for having
familial'izeditself with the nature and extent of the COiltract DCicume01S,Wotk,loca..litY.; and with all: local
coljditions and'federal, state and local Jaw~ ordIDance, rules and regulations that may in· allY manner affcact
perlonnante of the Work, and~resen~ ttlat.it·has correlated its study anclobserva~ons wid1~e,
requir,emenuofthe Contract[)9C\;1m~nts. CONTRACTOR a1So.represeotSthat it has itydied all surv~
and inveStiptiCiI)s, reports of stibsurfa.ce,·andl~tentphySlcal conditions referted to in the specifla.tions
and made' such additional sutv~ys and investigations as it deems'nec:essary-for the perfQnnanc.eohhe
Work reflected in itte Contract Documents and·thathe haS .correlated the res.wa of all SiJ~h data'With
thE! requirements ofth!il C9ntr'act DO"tuments ..
Cojilrilenteri1ent dfCQDtract Time:
2;5 'The C!:)ntra.d: lime shall commenc:!!! to run on the date, Stated in the NotiCE! i9 Proceed.
Starting the Pfo!ed::
2.6 coNi"RAcrOR. shall start;·to ,perform its Qblig3.tions under the Contract D,Qci.im~.onth~,~ the
Contra.~Time commenc~ to run; No Wo,* shalf be done attha S.ita (a. d~ned in.ktlde. '),prior to
the sta~ on whidi the COi'ltractTime commef1c~ to run, exeeptWith thewri$i:' cons~ntofthe CITY.
Before S!iU1ing' Construction:
2.7 Befdreunder-taking ~ch part of the WQrk. CONTRACTOR shalf carefully study and comp~ the
Contract Doc;lJ~ilts and check,and verify pertjnentfJgtJres shown thereon andallapplicablefiel~
measur.ementsand conditioQs. Itsha!1 at Q.nc:e.r.eportin writing-to CONSULTANT any confli,~ error, or
discrepanqwhiPt it may disctwer. Neither the OWNER nor the CONSULiANTshallbe liable for any
~; damage or ross suffered by CoNTRACTOR as a result of.itsfailure to disco.. any conflict; error,
o~ disaepanc:y in the Drawings. or Spe¢ificatlons nol' shall t!'teCONTRACTOR be .entitled tp any
compensation for any harm, damage Qr loss suffered by the CONTRACTOR due to allY conflict; error,
or discrepancy in the Contract Dacument.s.
Schedule QfCompletlon:.
2.8 Within five (5) business days after cle\ivery Qfthe Notice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule
'ndlqting the starting and completion dates of the variQUS ~ althe Work, and _ preliminary schedule
of Shop DraWing submissions. The CQNSUL rANT shall approwthis schedule or require revisions
thereto within seven (7) calendar days of its submittal. If there is more than O"ne CONTRACTOR
involved in the Pl'QjEic:t, the re~onsibility for coordinating the Work of all CONTRACTORS shall be
prpyided in the Special Conditions.
2.9 W~in five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work !It the site,·~ pre-coi)struction conference shall be held to review the above
schedules, to ~lish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment, and tp establish a working understailding between the parties as to the
Project. Present at the conferente will be the CITY'S representative, CONSULTANT, Resident Project .
Representatives, CONTRACTOR. and its Superintendent.
Oualifications of Subcontractors. Material men and. SYppliers;
2.10 Within five (5) business days after bid opening. the apparent fowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontrac:tors
and such other persons and organizations (induding those who are to furnish principal items of materials
. or equipment) p~oposed for those portions of the Work as to which the identity of Subcontra~ors and
other persons and organizations must be submitted as specified in the Contract Documents. Within
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61
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person,
.or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person. or organization on the list within thirty (30) calendar days of the receipt shall
constitute .an acceptance of such Subcontractor. person or organization, Acceptance of any such
Subcontractor, person or organization shall not constitute a waiver of any right olthe CITY or the
CONSULTANT to reject defective Work, material or equipment, or ally Work; material or equipment
not in conformance with .therequrrements of the Contract Documents,
2, II If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, perSon or organization listed. the apparent low Bidder may, prior to Notice of Award,
subrriitan acceptable substitute without an increase in its bid price;
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materi.als to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the. performance of the Work.
ARTHCLE l-COIRRELATBOINI. IINITERPIRETATBOINl AND BINITIENT OF CONTRACT DOCUMIEINITS
3.1 It is the intent of the Specifications and Drawings to describe a compJeteProject to be constructed in
accordance With the Contract Documents. The Contract Documents c:omprl$e the entire Contract
betwe~n the OWNER and the CONTRACTOR. They may be altered only by a 1l10difieationas defined in
Article I.
3.2 The ContractOoc:umentsare complementary; what is called for by one is as binding as if Ollled for oyal'
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents,it
shall. before proceeding with the Work affected thereby, immediately call it to the CONSUL rANT's
attention in writing. The' variouS' Contract Docume/ltSare compJementary;in case of confljct; error or
discrepancy, the more stringent interpretation and requirement that shail provide the maximum henefitto
the Owner shaUapply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words ~ similar meaning shall
be interpreted, unless otherwise specific;ally stated, to mean "furnish arid install complete in place and
ready for service",
3.4 Miscellaneous items and accessories whi!::h are not specifically mEmtioned, 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 miscellai:leous items
and acceSsories shall be of the same quali~ standards, including material, style, finish, strength, class,
weight and other llPplicablecharacteristics, as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
iriStallation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications. .
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in ~uch a
manner as obtain the best workmanship possible for the entire Project, and all components of the W Qrl<
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 rainproof, ami for making equipment and utility installations properly perform the specified
function. If 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 teferenced. shall be dated ahd numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard speCifications or
other data published by regulating agencies or accepted organizations, including but not limited to
National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications,
ASTM Specifications, various institute specifications, and the like, it shall be understood that such
reference is to the latest edition including addenda in effect on the date of the Bid,
3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent", when used in
connection with brand names, shall be interpreted to mean a material or product that is similar and equal
in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material
or product specified by t:rade name. and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
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Work. (When a brand name, tatalognumber, 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 pronollnmay be sUbstituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substitut~d for singular wh.erever
applicable.
3.10 Ail technical interpretations shall be made by the CONSULTANT 4lS setforth in Section 9.3 below.
3.11 The CONTRACTOR sha1l have advised the CONSULTANT; priorto performing any work involving a
conflict in the CQntract Documents and the CONSULTANT shall make the fiJ'la.l decision ~to which of
th¢ documents shall take precedence. In the event that there isa conflict betWeen or among the
C9ritrattDocuments.onlythe latest version shall apply and the latestyersiol'i of the. CQntract
Documents. The CONSUL TANTshall use the follOwing Ust .of Cbntract Documents~ a guide; These
documents are set forth below in the order of their precedence so thl!ot all the doc\,lmentslistedabove a
giv~ document should have precedence over all the documents listed below it.
(a) Change Orders
(b) Amendments/addenda to Contract
(c) Supplementar.yConditions. if any
(d) Contract with all Exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
(g) Scaled dimensions
(h) Drawings ofa larger scale
(i) Df1lwlogs ora smaller sqille
0) Drawil'!gsand Specifica:tions are to be cotlsideredcomplementar'y tP.. ~ch qther
ARTICLE 4 -AV.A1II!..ABDLDn OlF !!..A!j\9JDlS SVJBSlllRIFAClE COINlIOlDTOOINIS IREIfERlEINlCIEPODhIlTS
AvaiJa:bilig' of Lands:
4.1 Th~OWNER shall furnish, as indicated in the Contract Doc\.lments, the lands upon which the Work is to
be dcme, righ~~of~way for accesS thereto, and such otb~r lands Which arl\! desigoed for the use of the
CONl'RACTOR. Easements for permanent sttUf:tures or pertnan~nt cl\a,r)gEll; in exj~ng ~cilities will be
obtained and paid for by the OWNER. unless otherwise spetified in .the Contract DocumentS. Other
~ccess.t() s~ch lands or rights~of-w.iy for the CONTRACTOR'S c:ol'ivenience shall be the responsibility of
the CONTRACTOR.
The CONTRACrOR shall provide for all additional lands and access thereto that may be requi~d for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will. upOn requ~ furnish to the BidderS, copies of all avail~ble boundary surveys and
subsurface OOSts. at no cost.
Subsurface Conditions:
4.:3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited tQ those bearing upon transportation.
disposal. handling and storage of materials. availability of labor. water. electri~ power. roads and
uncertainties of weather. river stages. ~des, water tables or similar physical conditions at the site, the
conformatiQn and <;ondltions of the ground, the character of equipment and facilities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further ac:knowledg~ that he has sa~sfied
himself as to the character. quality and quantity ohurface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an in~peQ:ion ()f the site,
including all exploratory work done by the OWNER! CONSULT ANTon ~e site or any contiguous·site.
as well as from information presented by the Drawings and Specifications made part of this Contract, or
any other information made available to it prior to receipt of bids~ Any failure by the CONTRACTOR to
acquaint itself with the available information shall not relieve it from responsibility for estimating properly
the difficulty or cost of succesSfully performing Work. The OWNER assumes no responsibility for any
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER! CONSULTANT.
Differjng Site Conditions:
4.4 The CONTRACTOR shall within forty~eight (48) hours of its discovery, and before such conditions are
disturbed, notify the CITY in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents. and
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4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work ohhe character provided for in this
Contract. The CITY shall prompdy investigate the conditions, and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S Cost
of. or the time required for, performance of any part of the Work under this Contract, an
equitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided, however, the time prescribed therefore maybe extended by
the CITY, but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICllE 5-INlSURANCIE Contractor shall comply with the insurance requirements set forth in the
Supplementary Conditions to the Contra!:t.
ARTICLE 6 -CONTRACTOR'S RESlPONSDliLRTBES
SLill@rVision and Superintendence:
6: I The CONtAACTOR shall supervise and direct the Work. It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
lTlain~n ~ qualified supervisor or superintendent (hereinafter referred to as "SuperVisor" at the Work
site who shall he deSignated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the
sit¢. The Supervisor or so design~ted shall have full authority to act on behaff of the CONTRACTOR and
~I communications given to the St;Jpervisor shall be as binding as .fgiven to the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times 'as required to penormadequate supervision and
coordination of the Work. (Copies of written communications given to the .Supervisorshall be mailed to
the CONTRACTOR'S hom~ office).
(,.1.1 The CONTRACTOR shalf keep one record copy of atr Specffications,Drawings, Addenda,
Modifications and Shop Drawings at the site at alltimesa,nd in good order' and annotated to show
all changes made during'the con~ruction process. These shall be aVciilable to the CONSULTANT
·and any CITY Representative at all reasonable times. A set of "As-Built'! drawings, asw~1I :as the
original Specifications, Drawings, Addenda. Modifications and Shop Dravvingswith anno~tions.
shall be made available to the City at all times and it shall be delivered to the CITY upon
completion of the Project.
Labor. Materials·and eqUipment:
6,2 The CONTRACTOR shall provide competent, suitably qualified personnel to layout the Work and
perform cohStructi.oh as required by the Contract Documents. It shall at all times maintain good
disCipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation. construction eqUipment
and machinery. tools. appliances. fuel, power, light. heat. local telephone. water and sanitary faCilities and
all other facilities and incidentals necessary for the execution, testing, initial operation and completion of
the Work.
6.4
6.5
All materials and equipment shall be new. except as otherwise provided in the Contract
Documents. When special makes or grades of material which are normally packaged by the supplier or
manufacturer-are specified or approved. such materials shall be delivered to the site in their original
packages or containers with seals unbroken and labels intact. .
Ail materials· and eqUipment shall be applied, installed, connec:ted, 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
Contract unless otherwise stipulated in the SpeCial Conditions. No request for payment for "or equaln
eqUipment will be approved until this list has been received and approved by the CONSULTANT.
6.6.1 Whenever a material. article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
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6.6A
6.65
6.6.6
6;6.7
~;6.8
equal capacities. quality and function shall be considered. The CONTRACTOR. metY recommend
the substitution ofa material. article. or piece of equipment of equal substance and function far
those referred to in the Contract Documents by reference to brand name or atafog number. and
if. in the opinion of the CONSULTANT, such material. article. or piece of equipment Is of equal
substance and function to that speclfied. the CONSULTANT may approve its substitution and use
by the CONTRACTOR,. Inciden.taf changes or eXtra. component parts required to accommodate
the substitut(i! will be made by the CONTRACTOR without a change in the Contract Price or the
Contl1l.ct Time. .
No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
Delay caused by obtaining approvals for substitute mat~rialsshall not·beconsideted juStifiable
grounds for an extension of cqnstruction time~
Should any Wark or materials, equipment or products not confol11l to requirements Of the
Drawings and Specifications or become damaged during the progress of the Work. such Work or
materi~s shall be removed and replaced. together with anY W6rkdisarrimgecl by such alterations.
at any time before completion and acceptance Qfthe Project. All such Wotkshall be done at the
expense of the. CONTRACTOR.
.No materialsprsuppliesfortl:\e Work shall be. purchased by the CONTRACTOR or any
Subcontra~or subjec1;to any c:hattel mortgage or under a conditional sale or other-agreement by
which anin~restis retained by the SeUer. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
Non-conformingWork: The City of South Miami may withhold :accep1:ailce of.()r reject items
which are founc,lQPor:r ~ination. n·o1; to meel: the ~pecifiation<requirernEmts or conrorm to the
plan~ and drawings. lJpon written notification of rej~on!itemsshall be rem6vedar' uninstalled
within five (5) business days by the CONTRACTOR at his ·awn expense and redlillivered and/or'
reinstalled at hi.s expen!ie. R~j~d gt)ods left longer than th,h1:y (30) calendar days shall be
regarded as'abjifldoned and the CITY shall have the right to dispo~e of them as itS6wn property
and the CqNTAACTORthereby waives any claim to the good or to compensation of any kind
forsaig goods; Rejection for non-aonformanceor failure to meet delivery schedules may result in
th~ CONiAActb~being found in default .
In case. of c!efault by the CONTRACiOR, the City of South Miami may procure theartides or
servicell from other sources and hold the CONTRACTOR responsibie for any excess costs
occasioned or incurred thereby.
The CrrY reserves tne right, in the event the CONTAACTOR cannot provide an item(s) ·or
service(s) in a timely manner as requested. to obtain the good and/or services from other sources
and deducting the COli! from the Contract Price without violating the intent of the Contract.
Concerning Subcontrattors=
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
determines1;hat thert;! is gooQ cause for doing so.
6.8 The CONTRACTOR. snail be fully responsible for all acts and omissions of its Subcontractors and of
persons and org3l'lizations directly or JndJrecdy employed by jund of persons and organizations for
whosEl acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed by them. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part
of OWNER Or CONSULTANT to payor to see to payment of any subcontractor 01' other person or
organization. except as may otherwise be required by law. CITY or CONSULTANT may furnish to any
Subcontractor or other person or organization. to the extent practicable, evidence of amounts paid to
1:he CONTRACTOR on account of specified Work done in accordance with the schedule values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the OWNER.
6. J I AU Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
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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 subc:ontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Condit,ions and other Contract Documents insofar as applicable to the Work of Subcontractors.
and give the CONTRACTOR the same power as regards to terl'ninatingany 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.
6J 2.3 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 betaken 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. proc:ess or device which is the subject of patent rights or copyrights held by othli!rs. He
shall indemnify 'and hold harmless the OWNER and the CONSUL TANTand anyone directly or indirectly
employed by either of them from against all cla,ims, damages, losses and eXpenses (indudingatl;orney's
fees) arising out of any infringement of such rights during or after the completion of the Work, and shall
defend aU such <:Iaims in connection with any alleged Jnfringementof 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
arti.c1es.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses ahd 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 shaff also
pay all public utility charges.
Electrical Power and Ugbting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship. for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices. laws. ordinances. rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith.
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be
contrary to such Jaws, 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, rul~ and regulations.
Discrimination:
6.17 A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
a.gainst any person on the basis of race, color, creed, religion. national origin. sex. age, sexual orientation.
familial status or disability.
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Taxes:
6.1 a C9st o.f all applicable~ales, co.nsumer use, and ether taxes for which the CONTRACTOR is liable under
the Co.nt~ctshall be included in the Contract Price stated by the CONTRACTOR.
Safe\Y'aild Protection:
6. f9 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and progtamsin connection With the Work. They shan take all necessary precautions for the safElty of.
and ~l1all provide the nec~ssary pro.tectio.n to prevent damage, injury o.r loss to:
6.19.1 Ail employees and other perso.ns, who. rnay be affected thereby,
6.19.2 All the Work and all materials o.r equipmentto belnco.rpo.rated therein, whether in storage on or
.~--. 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks. pavements,
roadways. structures and utilities no.t designated for rerno.val,relo.cation o.r replacement in the
cours.e ofcon~uction.
6;20 TIle CO~AActoRshair designate a responsible member of their organization at the site who~e duty
shall be the prevention·ofacddents. This ptarso.n shall be the CONTRACTOR'S Superintendent unless
otherwise deSignated in writing by the CONTRACTOR to the CITY.
Emergencies:
6.2 t Itlemergencies ·~ecting the safety of pe~ons o.rme Work or-prejpercy at the skeor adjacimt thereto.
the CONTRACTOR, witho.ut special instrUctio.n or authorization from the CONSULTANT or CITY, is
obligated to. act,. at his di$cre~on, to preyent thr~tened. damc!ge, Inj~i'y or loss. He shall SiVe me
CPNSULTANT ptOmp~ written no1:ice,o{;mysigJ:lificant~hanges in the Work or deiliatjonsfrom the
Contraetb9cumel1tscausedothereby. If the CONTAACTOR believes that additional Woi'kdorieby him
iRan em~g which arl)Sefrom causes beyond hiS controleiltitles him to anincl'eas~ itl the Contract
Price or an extensio.n of the Contract Time, he may make a claim therefore as provided in Articles I land
12.
Shop Dritwingsand Samples:
6.22 .~ checking and verifying all field measurement$, the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule ofshop drawing submissions. six
(6) c9pies(oratthe CONSULTANToption,o.nereproducible copy) o.ran Sho.p Dra.Wings~ Which $hall
have b~n checked by and stamped with the approval of the CONTRACTOR. The Sho.p Drawings shall
b¢numbel'ed and identified as the CONSULTANT may reqUire. The data shown on the Sho.p Drawings
shall be complete with respect to dimensions, design criteria, materials of constructio.n and the like to .
ellaiJle the c:ONSUL T ANT to review the info.rmation witho.ut any unnecessary investigation.
6.23 The CONTRACTOR shall alSo. submit to the CONSULTANT fer review, With such prompthess as to
calise no. delay in Work, all samples required by theC(;)Otract Documents.
All samples shall have been checked by and stamped with the appro.val o.f the CONTRACTOR, identified
dearly as to ina~rial, manufacturer, allY pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT. in wri:ting. of any
deviations between the Shop Drawings or samples and the requirements o.f the Contract DOCuments.
6.25 The CONSULTANT shall review with responsible prornptness Shc;>p Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance With the
information given intbe Contract Documents. The review o.f a separate item as such Will net indicate
review o.f the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the reqUired number o.f co.rrected copies o.f Sho.p
DraWings and resubrnit new samples until the review is satiSfactory to. the CONSULTANT. The
CONTRACTOR shall no.tify the CONSULTANT. in writing. o.f any prier Sho.p Drawing o.r revisions to
Shop Drawings that are in conflict with each submission or re,submission. The CONTRACTOR'S stamp
of appro.val 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, catalo.g nurnbers and similar data or they assume full responSibility
for doing so., and that they have r-eviewed or co.ordinated each Sho.p DraWing or sample with the
reqUirements of the Wo.rk 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 co.py of each Shop Drawing and each
approved sample shall be kept in geed o.rder, in a boo.k or binder, in chronological order o.r in such ether
Thomas F. Pepe
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order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available
to the CONSULTANT.
6.27 The CONSULTANTs review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation. nor shall any
review by the 'CONSULT ANT relieve the CONTRACTOR from responsibility for errors or omisSions in
the Shop Drawings or samples.
627 A The CONTRACiOR shall be liable to the OWNER for any additional cost or delay that is caused by its
failure to. notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the.Shop Drawings or samples.
Cleariing Ug:.
6.28 The CONTRACTOR shall dean 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 ITiaterial
and rubbish aswell·as all other material and equipinent that does not form a part of the Work. from the
property!:roadways. sidewalks. parking areas. lawn and all adjacent property. In addition. the
CONTRACTORshail clean his portion of Work involved in any building under this Contract, so that, no
further cleaning .bythe OWNER is necessary prior to its occupancy and he shall restore all property, both
public and private; which has been disturbed Qr damaged during the pros~utionof the Work so .~ to
leave the whole Work-and Work Site in ~ neat and presentable condition.
6.29 If th~ CONTRACTOR doe.s not clean the Work site; the CITY may clean the Work Site of the materials
referr.adtoin paragraph 6,28 and charge the cost to the CONTRACTOR.
Public ConyeniAAce and Safety:
6.30 Th¢ CONTRACTOR shall.atalltime~. c;onduC1:the Work in such a manner as to insur.e the leaSt
practiClbleobstructjon to publi~ travel. The convenience of the general public and Cifthe r.esidents along
and adjacent to the area of Work shall ~e provided for in a satisfactory manner. consistent With the
ope"":tionandlp~ eonditions. "Street Closed" Sighs shall be placed immediately adjacent ttl the Work. in
a conspicuous position. at ~uch locations as traffic demands. At ariy time that streets are required to be
c:losed. the CONTRACTOR shall notify law enforcement agencies and in particular. the City of South
Miami Police Department, before the street is dosed and again as soon as it is opened. Access to fire
hydrants and pther fire extinguishing equipment shall be provided and maintained .at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall prOvide on-site office, and necessary toilet facilities. secluded froin public
obslilrvation. for use of all personnel on the Work Site. whether or not in his employ. They shall be kept
in a ~Iean an~ sanitary condition and shall comply with the requirements and regulations of the Public
Authoriti.as 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 sh;lll be left clean.
Indemnification·
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 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of
any suth claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and
all claims of liability and all suits and actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the
sole negligence of OWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT. Its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions. reports. surveys. Change Orders. designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such actor
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
Thomas F. Pepe
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insurance cqverage required by Section 5.1 of this document Indemnification is limited to damages caused
in whoJeor In part by any act, omission, or default ohhe Contractor, the Contractor's subcontractors,
sub-subcon~ractors, materialmen, or agents of any tier or their respective employees to the extent caused
by tile negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the Indemnifying party in the performance of the construction contract.
Respohsjbilityfoi" Connection to ExiSting Work:
. 6.35 It shall be the responsib(lityoftheCONtRACTOR to connect its Work to each part of the exiSting
Work,'exiSl;ingbliildingorstructure or Work previously installed as required by the D'fawingsand
Spedfl4;ations to proVide a completeinstaJlation. .
6.36 Exq,vations, grading; fill, storm drainage, paving and any other construction or installations in rights~f,.
ways ofstr~, highways, public carrier lines, utility lin~, either aeiial,sunaceor subsurface, etc., shall be
done iii ac;cordal1cewith requirements of the special conditions. The,OWNER win be responsible for
ob~nihg ~I permits necessary for the Work described in this paragraph 6.36. Upon completion of the
WQrk;CQNTRACTOR sh~1 present to CONSULT ANT certificates, in triplicate. frolllthe proper'
autl"!orit;~, statil'1g that the Work has been done in accordance withthelr requirernents.
6.36.1 The CITY will cOop~rate with the CONTRACTOR in obtaining action from any utilities or public·
authorities involved in the ~ove requirements.
6.~6a. The CONSULTANTshair be r~ponsible for obtaining eleva1;ic;:>ns ofclir'bs ,andgiJtters, pavement,
S1;ormstructures, and other~ms which mus.tbe establishl!\dby governiTIentaJdepartm~nts as
sooilas grading operations are begun on the. site and, in any case.suffidently.earl),in the
. constr.ucti~n period to prevent any a<lverse ·effect on the Project.
Cooperation with Governmental Departments, Public Utilities. Etc.:
6.37 Th.e. CONTRACTOR shall be responsible for making .allnec:essaryarrang~merits' Withgovemmental
departtt')43n~ public\.ltiliiies, public carriers, service companies and corporations (hereinafter-referred to
~.,i·third parties'1 o~ning or con~olling roadWays,~lways, water, sewer, gas;eJectrial conduits,
telephon¢, and telegraph facilities sl.!ch as pavements, tracks, piping, Wires, cables, conduits,poles,guys.
etc.,indudinginc\dentalstructures connected therewith,that are"!=Iicountered iritheWorkili order that
such items "are' properlyshQred, supPQJ1;ed .and protecteci, that their !oCjltion is identified and to obtain·
authQrity from these third parties for relocation if the CONTRAqOR desireS toreJQcate the item. The
CONTRACTOR shall give all proper noti(:es, shall cO,mply with ,aU requirements of such third parties in
the performance of his Work, shal! permit entrance of such third parties on the ProjectiJ; order that they
mayperfotm their necessary work; and shall pay all charges an.d fees ma.debysuch third parties for their
work.
6.37.1 The CONTRACTOR'S attention ;s called to the faa that there may be deiays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving poles. conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible. so that the construction tan be cOl')'lpleted in the least: pOSSible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed·in the Work, or materials and
equipment use in or upon the Work, or in any way affect the conduct.of the Work, and no plea of
misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
Use Premises:
6.313 CONTRACTOR shall confine its apparatus, storage of materials, and operations cif its workmen to1:he
limits indicated by law, ordinance~, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
6.38~ I CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSUL T ANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
its employees, subc:ontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be
fenced to protect the job site and the general public.
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6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office fadlities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
facilities.
Protection of Existing Propert;y Improvements:
6.38 Any e~isting surface or subsurface improvli!ments. such as pavements. curbs, sidewalks. pipes or utilities,
footings. or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction ofthe 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.
MTnClL1E 1 -WORK BY OTlHlIERS.
7.1 The CITY may perform additional Work related to the Project qr may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contrac;tors who are parties to such direct contracts (or the QWNER. if It is performingtheadditioilal
Work it,self). reasonable opportunity for the introduction and storage of materials arid equipment and the
execution of Work. and shall properly connect and coordinate its Work with theirs.
7.2 If ~y part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the OWNER, the CONTRACTOR shallprompdy report to the CONSULTANT in
writing any defects or deficiencies in such Work that·render It unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be receiVed by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
Work and ~hall only cut or alter their Work with the written consent of the CONSULT ANT and of the
other contractpr whose work will be affected.
7.4 If the performance ofaddi~onal Work byoPler contractors or the OWNER is 1T0t noted in th~ Contract
Oqcumem:s prior to theeXecutl.on of the' Contract, written notice thereofshallbe given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of sUl;h additional Work by the OWNER or others will cause the CONTRACTOR
additional expense or entides him to an extension of the Contract Time. he may make a claim therefore
.~ provided in Articles II and 12.
7.5 Where practic~le, the CONTRACTOR shall build around the work of other separate contractors or
shall I~ve chases. slots and holes as required to receive and to conceal within the general construction
Work thfi! work of such other separate contractors as directed by them. Where such chases, slots, etc.,
are impracticable, the Work shall require specific approval of the CONSULTANT.
7.6 NeCessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is reqUired in the use of site facilities and in the detailed execution of the Work. Each
conO"actor shall coordinate their op.eration with those of the other ContractOrs for the best interest of
the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work orother contractors. Should lack of progress or defective workmanship on the part of other
conO"actors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
7.10 The CITY reserves the right in the event the CONTRACTOR "annot provide an item(s) or service(s) in a
timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
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ARTICLE 8 -CaTV'S R1E5IPOINlSUIUll..81'RES.
8,1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
8,2 In cases of termination ofemployment of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
B.3 The CITY shall promptly furnish the data required of them under the Contract D9cuments~ .
8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possession of and use any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or any
portic:mtllereof may not have expired; butsuch taking pE)ssession and USE! shall not be deemed an
ac(ep~ce of any Work not completed in accordance with the Contract Documen~.
ARTICII..E9 -CONSULTANTS' STATIIJS DURING COINIS1I"RUC;TDOINI.
Citis Rgpresentative:
SU TheCQNSUl TANT shall be the CITY'S repreSentative dlJring the construction period; The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
con~ction are set forth in Articles I through 16 of theSe Gerieral ConditiCil1sand~h~1 not be extel'lded
withol!twri~n .cQnsent of the CITY and the CONSULTANT.
9.1.1 The CONSULtANT's decision, in matter'S relating to aesthetics, s.hall be final, if within the terms
of~eContract Oocuments. .
9.1.2 e<cept as may be otherwise provided in this contract, all claims, cQUntercl;iliTls, disputes and other
matters in question between the CITY and the CONSULTANT arising. out afor relating to this
Contract or the breach thereaf, shall be decided ina court of competent jurisdiction Within the
State of Florida.
Visits to Site:
9.2 The CONSULTANT shall provide an inspector to malce p!'!riodic visits to the s~ at each phase of
cohsfn.idiion to observe the progress and quality ohheexecuted Work and to determine if the Work is
proceeding In accordance with t1ieContract Documents. His efforts lOhail bedirectE!d t()wardproviding .
assuran~efor the OWNER and all applicable regulatory agencies that construc;donis in compll~c~ with
the Con~ction Documents and applicable Jaws, nilesandregulatioris. On the basis ofthEl$e on site-
obselVcltionsas an experienced and qualified design professional, he shall keep the CITY infortnedofthe
progress ·of the Work and shall guard the OWNER againttdefects and deficiencies In the Work of
CONTRACTOR.
Oarific;ations and Interpretations:
9.3 The CONS.ULTANT shall issue, with reasonable promptneSs, such written clarifications or interpretations
of the Contract Documents (in the form of DrawingS or otherWise) as it may d(!terminenecessary, Which
shali be consistent with, or reasonably inferable from, the overall intent of the Contra<;t Documents. If
the CONTRACTOR seeks an increase in the Contrad; Price or extension of Contract Time based on a
written clariflcation and/or Interpretation, it shall be required to submit a ~mely claim as provided in
Articles I I and 12.
Measurement of Quantities:
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. All linear surface measurements shall be made horizontally or vertically
as required by the item measured.
Rejecting Defective Work:
9.S The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article I. It shall also have authority to reqUire special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided. In the event that the
CONSULTANT reqUires testing of completed Work, the cost of such inspectionsand/or testing shall be
approved in writing by the CITY. All consequential cost of such inspections and testing, including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others,
the cost to move furniture and eqUipment and/or the cost to providealterna1:ive facilities uncil the repair
work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work.
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Shop Drawings. Change Orders and Payments:
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.25 through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders se.e Articles 10, II, and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article !4.
Decisions on Disagreements:
9.10 The coNSULTANT shan be the initial interpreter of the Construction Documents.
limitations on Consliltant'$ 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 TheCONSUl TANT will not be responsillie for the acts or omissions of the CONTRACTOR. or any
Subcontractors, or any of their ·agent. servants or employees, or any other person performing any of the
Work under or through them.
ARTDCILE 00 .. CIHIAINGES BINI THE WORIl<.
10.1 Without invalidating the Contract,.the CITY may, at any time or from time to time, oi-der additions,
deletions 9r reVisions inar to 1ile Work which shall only be authorized by a written Change
Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work
.involved. All such Work shllll be performed under the applicable conditions of the Contract
Documents. If any C!,1Jthorized written Change Order causes an increase or decrease in the Contract
Price or an ~nsion orsho~ning of the Contl'a,ct TIme, an equitable adjustment will be made as
provided in Article II or Artide 12. A written Change Order signed by the CITY and the
CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall
be certified by the CONSULTANT as to the appropriateness and value of the change in .the Work as weD
as to any change in the time to (:omplete the Work under tile circumstances. The failure to include a
tim!! !i!Xtension in the Ch~nge Order or in the request for a change order shall result in a waiver of any
extension of time due to the change in the work as refle~d in the Change Order.
10.2 The CONSUL TANT may authorize minor changes or alterations in the Work not involVing extra cost
and notinconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration a!Jthorized by the CONSULTANT's Field Order would entitles the
CONTRACTOR to an increase in the Contract Price or extension of Contract Time. it must submit a
written notice of intent to demand a Change Order within twerity-four(24) hours of the issuance of the
fjeJdOrder and submit a written proposal for Change Order within four (4) days thereafter. otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time. except in
the case olan emergency 3.$ prOVided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The. CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work. to be performed as prOVided in paragraph 4.4. and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
AI!UDCLIE B g -CHANG IE OlF CONTRACT PROCIE.
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. AU duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be at its expense without changing the Contract Price.
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ILl
11.3
J 1.4
11.5
'11.6
11.7
11.8
The CITY tnay, at any time, without written notice to the sureties, by written order designated or
indicated to bea Change Order, make any change in the Work within the general scope of the Contract,
including but not limited to changes to or in:
I 1.2.1 Specifications (including drawings and designs);
11.2.2 MethodQr manner of performance of the Work.
I Li.3 CrrY~fiJrnished faci'iti~, ~qu;pment,materiaJs; serVices, or site; or
I 1;2.4 . Acqaletati9nin the performanc;e of the Work.
Exc:eptas.providedint\Jissection, or sections referred to in this section. no order. statement. or conduct
oftheCIT¥ shai/bet:reated a~a Change Order or entitle the CONTRACTOR tO AN equitable
adjustment uhless ~d.until the change in theWorki~ speCifically and expressly provided fQr tn a written
Change Ord~r,6r as otherwise provided in another section of the Contract Doeuments.
When a Ch8J)g¢ Order isi5sued by the CONSULTANT and signed by the CITY ori~suedbythe CITY in
wl'iti(l8;ihe CONTRACTOR shall perfo~ the Work even if the CONTRACTOR does not agree with
theciollatamount of the Change Order. If any Change Order causes an increase or decrease in the
CONTRACrQR'Scost.pf, or the time req~ired for; the performance of any part of the Wo~ under this
Co~forWbich'g,e CITY an~the CONTRACTOR-cannot reach a timely agreement, an equitable
adjuSt:J:rielit based oil ,me c;ost of the Work shall bemaCle and the Contract modifjedaccordingly.
If the CONTRACTOR int,ends to ~ert a c1aif'll for an equitab.le adjustment or contest thEiequitable
adjustment made by the CONSULTANT. it shall, Withiriten (lO)caleildar days afte.r receipt ora written
Change Ofcler,subtni.t to the CITY and CONSULTANT a written notice. inc\udinga. statement setting
forth the ,g~ei"al nature and monetary extent·Qf such claim for equitable adjuStment,: time extensjon
requested and su.ppoi"ting data. In ~~rm~ningthe cost of the· Change ,Order. the tos.tS'ShaJI belimi:ted to
thoselistedJri section 1\;7 ·andl \.8.
NCi)dainibyt/leCQNTRACTORfor an equitable adjustmeht hereunder shall ~e a:J1owedifnot submi¢ed
in accdtdailce WiUltJjissection or ifasserte4after final pa)'ment under this ¢ontra¢ .
Theva1!JeofanyWork covered by a Chang~ Order ar'ofaliy claim far a.nincre;u;e or decre;u;e in the
Contract P*~·sh~n I;;~ determined in one of the fuUovving ways:
J L7.1 Bynegotiated lump sum. ..
11.'72 On' the. basis of the reasonable costancl savings that results from the change in the Work plus a
mutually ~reed ~pon fee to the CONTRActOR to cover overhead and profit not to exceed
I S%. If theCONTRACrOR di$agl"l!es with the CONSULT ANTs determination of reasonable
c051:$, the CONTRAct shall. proVide a list of all costs togEither with bac:klipdocumentation
The term coSt of the Work means the sum of all direct eXtra costs necessarily Incurred and paid by the
CONTRACTOR irithe proper performance of tile Change Order. Except as othE!rwise may be agreed
to inwrit(ng by ClTY, such costsshafl be in amounts no higher than those prevailing in Miami·Dade
County ahdshall include only the following items: .
11.8J Pay toll costs for employees in the direct employ of CONTRACTOR in tile p~rformance of the
Wof!< described in the Change Order-underschedulet of job dassificatioll$ agreed upon by <;:ITY
and CONTRACTOR. Payroll co.sts for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll cost,s shall be'limitedto:
salaries and wages, plus the costs offrin~ benefits whiCh shall include social security
contributions, unemploymenl; excise and payroll taxes, workers' compensation, he~th and
retirem(!nt benefits, sick leave, vacation and holiday pay applicable therEato •. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hourS, on Sunday or legal holidays shall be included in the above only if authomed by
CITY and provided it was notin any way, whether in whole or in part the resuit of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due hl whole or in part to Defective Work of the CONTRACTOR.
11.8.2 Cost of all materials and eqUipment furnished and incorporated in the Work, includingc:osts of
transportation and storage, and manufacturers' field services required in connection
thereWith. The CONTRACTOR shall notify the CITY of all cash discounts that are a~'ab'e and
offer t~e 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 co timely notify the crr)' of the discounts or if the OWNER deposits funds
with CONTRACTOR with which to make payments in which cases the cash discounts shall
act:rue 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.
Thomas F. Pepe
1211412016
73
I 1.8.3 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 Subcomract provid~ that the
Subcontractor is to be paid on the basis of Cost of Work plus.a fe!!, the cost of the Work shall be
determined in accordance this section I 1.8 and in such case the word ~'Subcontractor"shall be
substituted for the word "CONTRACTOR".
I 1.8.4 RenQls of all construction equipment and machinery, except hand tOols, and the parts thereof
whether rented from CONTRACTOR or others in accordance wiU! rental agreements
approved by CITY with the advice of CONSULTANT,ana the costs of transportatiOIl. loading,
unloading, instaliation, dismantling and removal thereof -all in accordaiice with terins of said
r'entalagreements. The rental of any such eqllipment, machinery or partS shall cease when the
use thereof is 110 longer necessary for the Work.
11.8.5 Sales; use or similar taxes related to the Work. and for which CONTRACTOR is liable. impqsed
by any govemmentalauthority.
I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shoWo as a
separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
I 1.8.8 Minor expenslas such as telegrams, kmgdistance telephone calls, telephone service att;he site,
exprEl$Sage and similar p~tty cash items in connection with the Work.
11.8.9 Cost of premiums foradditionaf Bonds and insurance required solely because of thangeS in ehe
Work; npttQexc:eedtwo percent (2%) of the increase in the Cost of the Work.
11.9 The term Cost of the Workshall NOTinclude any of the follOwing:
I 1.:9.1 PayroJ/ COStS and other compensation of CONTRACTOR'S 'officers, eXecutives, prindp~1s .(of
partnership and sole proprietorships), general managers, engineerS, architeCts. estimators; lawYers.
agents, expediters, t;imekl:!~pers, c\er~ and other pel'Sonnel ernployedby CONTRACTO~
whether at the site or in Its principal or a branch office for general administration of the Work
ahdnot specffiCallyiricludedin the schedule referred to in Subparagraph II.S.
11.9.2 Expenses of CONTRACTORiS prinCipal and branch offices other than its office at the site.
11.93 Any part of CONTRACTOR'S capmiJ expens~, inCluding interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premiums for aU bonds and for all insurance polides 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 anyoM direcdy or
indirectly employed by any of then) 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 syppJied
and inaking good any damage to property.
11.9.6 Other overhead or general expense costs of any kindaild the costs of any item not speCifically
.and expressly included in Paragraph 11.8.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOP. for its overhead and profit shall be
deterinineci as follows:
I 1.10.1 A mutually· acceptable firm fixed price; or If none can be agreed upon.
11.10.2 A mutually acceptable fixed percentage (not to exceed 15%).
, '.11 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 I 1.8. When both additions and credits are involved in anyone change, the net
shall be computed to include overhead and profit, identified separately, for both additions and credit,
prOVided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not
performed.
ARTICLE 12 -TiME fOR COMPLETION. UQWDATED DAMAGES AND CHANGE OF THE
CONTRACT TiME.
12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work
are essential conditions of the Contract. Therefore, the Work shall be commenced on me date specified
in the Notice to Proceed and completed within the time specified for completion of the work.
12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion
within the Contract Time. It is expressly understood and agreed. by and between the CONTRACTOR
Thomas F. Pepe
1211412016
74
an~ the.OWNJ:R. tha~ the Contract Time for the completion of the Work described herein is a
reas,onabl~ time. taking into consideration the average climatic and economic condition$:and btherfactors
p~vaili.,g·jn the locality of the Work. No extension of time shall be granted due conc:!iQons that the
C9Jltt'actor knew pf or should hilve known of before bidding oil the project or due to inclement weather,
exc~ptas provided in section 12.7. .
12..3 If the CONTRACTOR shall fan to complete the Work within the Contract Time, or exi:ensipn ()ftime
. ~db,y the c::rt'Yi then the CONTRACTOR shall pay to the OWNER the amount ()fliquidll~d
damagel!'as spe!:ifiedin the C()ntract Documents f()r each calendar dayafter the scheduleddate'for
cq~pl~on as~dj~$tecl by wnttenChange Orderstb~t.~ndec:l the "Completii;)n d~te~
r~3 .. 1 Th~amol,lnts are not pe"",ties but are liquidated damagesincurr-edbythe OWNERfot its
inability to oll.tain ful\us~ of ~ePr.oje¢ Uql,lidated damages are hereby fixed and agreed upon
:between the part;ies. .recognizingth~ .it:npoS$lbllity of predselyascerta,irii~g th~ amount of damages .
. thatwlllbe $l:Is.tain~ as Il C(:IOsl!quence ohuch delay, and bqth ~Ii$. demiingt() obviate.any
.questionor·di~pute concerning the amount of said damages and the cost and effect olthe 'failure
9.1 CONTAA.CTOI\ to completethe'Contract on time .• Theab9ve-stated Iiqu.i_d·da~ shall
apl?lys~parateJy to each'phase of ~e Proj~for which a time;f()rcC)mp'~onis given, .
I i3.2 CITY is authoriZed to. deduct the liquidated damages' from monies duete CONTRACTOR. foi-the·
W()rk underthi$ ContJ:act. . .
12.4 The Con~Ti!Jle mayonlyb.~ ch~ .bya writtenCh~ge Order. Any claim for ~n ~sionji:l ~4i!
c:oN'T~q TIME. shall be based on written n~~e delivered to the CITY ~nd CON~ULTANT~in
fiv!a>(S) ;busin~ days !lft\:le 9cc;urrence'Qfthe ~~tgiving,risetp:th~ clai~"and ~ng:thegenei"al nature
~fth'~lairnind~di~g,s\,lpp~rtingdata.,AII;~insfor adj\J~ent'in the '<;On~¢ Ti{ll~II~all ~ee~hJated
:and 'reco!llmcmded :by theCo.NSULT~, with fi!lal 'approval by ~1iI CJ"tY'5 r~p~emati-Ve. 'Any chal)ge
in ~e,C9ntr:ac:t; iirn,'re.sul~ng:from any'such cJ.aim shall be in~rpQF!l~ ili·a~il Ch~nge Order.
12;5 All time Ilniits. ~1M in ~e: C()~ Doq,tments 'are of the ~ence of the .contraCt .
12.6 Nod~rrt for·;d",yshall ~,~lIowea b~ of failure to furnish Drawin.gs. beforE! ~e ~iration of
:fQ\J~.n .. (I~J,qj~ncJar da~~r c;I~mand h~ been made in writing to the CbN5UI.;rANT f9r such
Drawings .. Furthermore. there shall be no monetarycompensa1;iol'! for such~e1ay 8J:idthe
CPNTRACTOR;, sole reme~y:shall bean el(tensi9n of time forth/! PElriod of ~elay.
12,7pctensions.tethe Contnlct Til1)e for d~!ays ~used by the effects 9fin~lement w_er shan n9t be
grantedunl!i!ss:theweather was unusual~r South F1Qrid~ and coulg !)at have ~n ~ticlpatei:l, the
~nor.mal weath~ is documented by records kom the nati()nal weather sel'Vice arld .du! abnormal
weather. is documented to· have had a substantial affected on the construction schedule.
I L8 Np' Da~ for Delay: The CONTRACTOR agr~~that h~ ~hali not h~~~any tl~(n f9i" damages due to
delay unless the delayexc;ee$.·~ mpnth$, whether indiviciually pro cUl:t\ulativ!!ly, arid tbe~ the damages shall
.bl! l!mltedtQ increas~d cost ofmaterial~ that were unanticipated ~d that would not have ~nlnc;:lirred
biJtfor th~ delay. Other than as set forth above, the only r~edy for any de~y shall b~ limi~'to an
~sion of time as provided for in s~c:tiQn 12.4which shall.bethe.soleand exclusive remedyfpr such
res.ultingdelay. Other th~as.s~tforth above. CONTRACTOR shall not 'be entitled to an inCrease in the
~ontraq: Pric~ or'pl1Yrnent or compensation ohny kind from OWNER· for direct;'indirect; c~nsequen'tial,
irilAAct.or other C9sts. ~penses or damages, including but not Jimited to. costs o.f acceleration or
ineffidency. ov,erhead or lost profits, arising because of delay, disF1lption. interference or hindrance frQm
any ca",se whatsoevlilr, whether such dj!lay. disruption, interference or hindrance be re;l,S9nable or
unreasonable, foreseeabl~ or unforeseeable, or avoidable or unavoi~le.
11.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st
day following the date of the event upon which the claim is based. .
12; I 0 DispUte Resolution: If any dispute concerning ~ question of fact arises under the Contract. other than
termination for default or convenience, the CONTRACTOR and the city departinentresponsiblefor the
aclmini~on of-the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
!;Ie resolved by·agreement. then the department with the advice of the City A1;tomeyand 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.
ARTOCLE'13 -GUARANTEIE.
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly, all materials and eqUipment furnished and Work performed for 'patent Defective
Work for a period of one (I) 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,
Thomas F. Pepe
1211412016 .
75
the one that is issued last, for patent Defective Work.. The same guarantee and unconditional warranty
s.hall 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
Certifi~te of Completion, if issued by the City, whichever is applicable andifmore than one is applicable,
the one that is issued last, for latent Defective Work The CITY will give notice of observed defects with
reasonable promptness. In the even.tthat the CONTRACTOR should fail to corrunence to correct such
Defective Work within ten (I 0) calendar days after having received written notice of the defect, or should
the· CONT(V.CTOR commence the corrective work, but Jail to prosecute the corrective work
continuously and diligently and in accordance with the .contract Documents, applicable law. rules and
regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause
the Defective Work to be removed or corrected and to c9rnplete the Work at the CONTRACTOR's
e)(pe!1s~,and the CITY shall chargetbeCONTRACTOR the cost thereby inturred. The Performance Bond
shall remain In full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different. from the period of time listed
in Section 13.1 ,shalf take precedence over Section 13.1.
13.3 CONTRACTOR shall act as agent, ona limited basis for the OWNER, attbe CITY's option, solely for
.thdoJlow-4pconcerningwarranty compliancefor all items under manufacturer's Warranty/Guarantee
and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract.
13.4 In ··~e-of default by the CONTRACTOR; the City tif South Miami may procure the articles or services
tromoth4i!r sources and hold the CONTRACTOR responsible for any excess costS occasioned ot
incu.rred thereby.
I ~.5 The CITY rnaY withhold acceptance of, or reject items which are found upon examination, not to meet
thEispec;:ificationrequlrements. Upon written notification of rejection, items shall be removed within five
(5) business days by the 'CONTRACTOR -at his own expense and redelive.redathis expense. Rejected
.goods 1~I~m~rthan thirty (3D) calendar days shall be regarded as abandoned and the Oty shall have the
right to cli~pose of them as its own property and the CONTRACTOR thereby waives any claim to. the
good or to compensation of any kind. Rejection for Non-Conforming Work or' failure to mjeet delivery
schedull!$ may resllit in the Contract being found in default.
ARTiCLE D4 -lPAYMIEINITSAINID COMPILETION.
PaymehtSto Contractor
14.1 The Contracrorshall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form de$cribed in the Contract Documents and the isSuance by the Cjty of a
"purchase order", or any other doculTlent, does not and shall not authorize the commencement Clf the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month). dle CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACiOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT lTIay reasonably require. All
progress payment applications after the first progress payment shall be ac(:ompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably storli!dat or near site,
the partial payment estimate shall also be accompanied by such supporting data. satisfactory to the CITY.
which establishes the OWNER'S title to the material and eqUipment as well as certificates of insurance
providing coVerage for 100% of the vafue of said materia/and eqUipment covering the material and
equipment from all casualties as well as theft. vandalism, fire and flood. The CONTRACTOR shall replace
at its expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (I 0) calendar days after receipt of each partial payment estimate, either
certifying in writing its approval of payment and present the partial payment estimate to the OWNER, or
return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing
to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and
resubmit the partial payment estimate. The OWNER, will within thirty (30) calendar days of presentation
to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis
of the approved partial payment estimate. The OWNER shall retain ten (10%) percent of the amOUnt of
each payment until Final Completion and Acceptance of all Work covered by the Contract Documents.
Any interest earned on the retainage shall accrue to the benefit of the OWNER.
Thomas F. Pepe
1211412016
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14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final
Payment Affidavit asset forth in the Florida Construction tien Statute as well as final releases of lien
executed by all persons who have performed orfumished labor, services or materials. directly or
indirectly, which wasinc;~rporated intQ the Work. If any person refu!iOes to provide slJcha release or
proVides-a concfationiil release, the CITY shall have the right to iS$uea joint check made payable to the
CONTRAqOR andsuth p:erson.
Contractor'S Warranty of Title
14.3 The CONTRACTOR warrimtsand guarantees that title to all Work, materials and equipment coveted· by
an Application for Paym~nt Whether the Work, material orequipineotis il')corpora,ted in the ProjeCt or
no,t, shall have passed to the OWNER prior to the making olthe Application for Payment, free .and clear
of aU liens. claims, security interest andencumbrantes (hereafter in theseG~nerai Conditions referred to
a,snUens");a.nd that no Worle, materials or equipment,. covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site.or
furnishingni~terials and equipment for the Project, under or pursuant to an ~eement undet which an
interest:therein or encumbrance thereon is ~tained by the seller or otherwise imposed by the
CONTRACTOR or such other person. .
Approval of Payment
14.4 The <:ONSULTANT'sapprovai of any payment requeSted in an Application for Pilyt'llentshall constitute a
r~pl'esEill1;ation'by him 1:0 th~ CITY. based on the CONSULTANrsonsitia ob$ervaQon~ of the Work in
progr~ as an experi~nced professional and on his review of the. Application for Paymel\t and supporting
d~t;3., that the Wj;,rkhas progr~ed to the point indica~d in. the, Appli(:aQon for PayiTi~~th"t;tothe
b~$.t:his knQ'!Vledge,infQrmadon and belief. the qualit;yoh:he Work is in a¢cor~lice wid't ·die Con~ct
OCiCUl)\etits . .(sl,ibjecttc)an ~~Iuation()fthe Workasarunctlc:;ning Project.Up.on substan~a1 cQmpletionas
defin~d in Artic:le I. to thereslJlts of any subsequent tests ca/ledfor'inthe Contra,ct,Doi::umentsand any
q~if'ications $ta~dln his approval); andthat·the CONTRACTOR is~titled to payment of the amount
approved. How~ver, by ;lpproving, any such payment the CONSULTANT shal.1 nottilerebybe d~med
to. have representt:!d that he made exhaustiVe or continuous ori-site observations to c:heckthequality or
the quantity .of~e Work, or that he has reviewedtheO'leans, methods, ted,nicru~s?qu~nces and
procedlJre5 of construction or that he had made any examination to asc;el'tllinhoworfol' \y,hat purpose
the CONTRACTOR has used the moneys paid or to be paid to him on account of the Co~Pric~ or
that title to any Work, materials. or equipment has passed to the OWNER free and dear of any liens.
14.5 TIle CONTRACTOR shall make the (alloWing certification on each request for payment
"I hereby cettifytha:tthe labor and materials listed .on this requestJor paymenth;ive been used in 'the
cQn$truc:!iol'l of thi$ Wbrkand that all materialsinclud~diri this· request for paymen1;and not yet
incorpor;lted.intotl)e construction are now on the site or stored at.an approved 10cati!Jn,a.ndpayment
received from the last r~quest for payment has been used to makE! payments to all his SUbcohtraQ:Ors
and s\Jppliers; except for the amounts listed below beside the names of the persoriS who peiformoo work
or supplied materials" . . .
In·iheeveptthat the CONTRACTOR withholds paym~nt from a Subcontractor or Supplier, the same
amount of money shall be withheld from the CONTRACTOR's payment until the iSsue is resolvec:;l by
Written agreement between them and thel) a joint chock shall be made payable to the person in qlJestion
and the CO~CTbR in ~ccordance with the. settlement agreement, otherwise the money shall be
held by the. OWNER until a judgment is entered in favor of the CONTRACTOR or the person, in which
case the money shall be paid according with said judgment. Nothing contained herein shall indicate an
.intent to benefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if. in its opinion. it is
unable to make such r~presentations to the OWNER as required this Sect;ion 14. It may also refuse to
approve any payment, or it may void any prior payment application certification because of subsequently
discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary
in its opinion to protect the OWNER from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement.
14.6.2 the Work for which payment is requested cannot be verified,
14.6.3 claims of Liens have been filed or received. or there is reasonable evidence indicating the probable
filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications,
Thomas F. Pepe
1210412016
77
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work. including failure to clean up as required by paragraphs
6.29 and 6.30.
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents.
14.6:8 of liquidated damages payable by the CONTRACTOR. 01"
14.6.9 of any other violati9n of. or failure to comply with provisions of the Contract Documents.
14.7 Prior to Filial Acceptance the OWNER, with the approval oftha CONSULTANT, may use any completed
or subst;antially completed portions of the Work provided such use does not interfere with the
CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance ofsu<:h portions
of the Work.
J 4.8 The· CITY shall have tharight to enter the premises for the purpose of doing Work not covered by th~
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole
responsi!;>i1ity for the care and protection olthe Work, or the restoration of any damaged Work except
such as may be caus~d by agents or employees of the OWNER.
t 4.9 Upon completion and acceptance of-the Work the CONSUL. TANT shafl issue a Certificate attached to
thEi Final Application for Payment that the Work has been a<:cepted by it under the conditions of the
ContrattDocuments. The entire balan<:e found to be due the CONTRACTOR. including the retained
percentages, bllt except such sums as maybe lawfully retained by the OWNER, ,thall be paid to thE!
CONTl\ACTOR within thirty (3.0) ~endar days of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with
th~ Owii.ei':.The Bank of America ePayablesSolutiOil is an automated· card paytnentpro<:ess that shifts
account$payable disbursemenq tQ corporate purchasing cards. ePayabl~; Streamline thepr()cessof
making-payments to your Qrgarlizaoongolng forward, the City will provide the. tONTRAqOR with a
credit card·account numb£!r ~9keep on file. This card has unique securi~featur~; with $0 of available
funds. l,"til an invoice>isapproved for payment. After an invoice has receiVed proper and complete
approval; . an electronic remittance advice will be sent Via e-mail, or fax, Which notifies the
CONTRACTOR that the funds have been transferred in to the: account linked to the card for the ~ount
listed on the invdice and/or remittance email. Please refer to the ePayables Questions & Answers Form
conta,ined In this RFPor contact the OWNER's Finance department at (305) 663-6343 with any questions.
Acceptance of FinaJ Payment as Release
14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the
OWNER and a waiver of all daims and all liability to the CONTRACTOR other than claims previously
filed and iJnr~olved. The ~iver shall include all things done or furnished in connecQon with the Work
and for every act and neglect of the OWNER and others relating to or arising out of this Work. fivly
payment, however, fina,l or otherwise, shall not release the CONTRACTOR or itS sureties from any
obligations under the Contract Do<:uments or the Performance Bond and Payment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Completion or FinatCompletion orthe
Work as may be necessary in his opinion to protect the OWNER from loss if he determines, because of
subsequently discovered e.vjClence or the results ofsubsequent inspectiqn or tests. that
14.12.1 th~ Wc>rk is defective. or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating. under or through it requiring correction
or replacement to the extent that the project is no longer SubstantiaJly Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified.
14.12.3 claims or lil;lns 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 pric:e 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 Ifthe CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification") by
the CONSULTANT, the CONTRACTOR shall repay to the City of South Miami any money paid as a
result of said Initial Certification being issued which shall be paid only when the decertified work is re-
certified.
Thomas F. Pepe
1211412016
78
ARTnCllE B 5 -SUSIJllIEINIS601N1 Of WON< ANfOl l'ERMffIMATffON.
15.1 The CITY m~y, at any time and without cause, suspend the Work or any portion t:hereof for a period of
not more t:han 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
a1iowed an inc:rease in the Contract Price or an exterision of the Contract Tl11\e, or both, directly
attriblltable to any suspension and if a claim is timely made and if it is allowed under thetenils. of Articles
II or Article 12.
City May Terminate .
J 5.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a ~neral assignrnent,for the
benefit of its creditors, .Qr ifa trustee or receiver isappailited for the coNTRACTOR or for any its
property,odfhe flIes a petition to take advantage of any debtor's act, or'~~(jrgarliz!:fI"nderbClAktuptcy
or $imibir laws, or if he repeatedly fails to suPPlY suffidents/(illed worl¢teri or suitable ma~s OT
equipment, or if he repeatedly fails to make prompt payrnents to Subcontra~rsorfQr ~or, ~terials or
equipment or he disregards laws, ordinances, rules, regulations or orders of ~y public body haVing
juriSdiction, or if he disregards theauthoiity of the CONSULTANT, Qr if he otherwise Violates any
ptovisiono~ the Contract Documents, then the CITY may, Withoutp~jiJd;ce to any other Iigh~or
remedy and aftergMng the CONTRACTOR and the Sure1;y seven (7) ~eild~ da~ wri~n no.tie~.
temiinate thEl services of ~eCONTRACTO~and take possession ·ofthe PrQJect and of all materials,
equiptneflt,to.ols, construction equipment and machinery thereon owned bytlie C0N"rAAgOR.and
finish ,th.eWork by whatever meth9dit: m~y de~m eicpedient.Jnsudl case the CONTRA.qpRshall not
·bEl·en1:itled to .rec::eive·anyfurtherpaymerit until the Work is finished. If the unpilidbalanee ofth~
ContractPrite exceElds the dir~ and indirect coSts ofcoinplet,ingthl\l Project, induQing compen~aticm
for additional profe,uiollalservices, such excess shall be paid to the CONTRACTOR. If such cost,!
exceed such unpaid balance; the CONTRACTOR or the Suretyol'i th·e Performance Bond shall pay the
·difference to the OWNER.S~ch .tos1:sincurtedby the OWNER shall be determined bY~e
CONSULTANT and incorporated in a Change Order.
!fafter termination of the CONIRACTOR under this Section, it i~ detennin~ by a court of competent
junsdictionfor any r:eliSon thaJ: the CONTRACTOR waS not. in derauh:. the rights a;nd obligations of the
OWNER and the CONTRACTOR shall be the same as if the termimition· had· beeilissued pursuant to
Section 15.5
15.3 Where the CONTRAClOR'S services have been so terminated by the CITY said t¢rtnJnation shall not
affect any rights of the OWNER ~nstthe CONTRACTOR then exiSting 01" which maythere;tfter
accrue. Any rcetentionor payment of moneys by the OWNER due the CONTRACTOR shall not reiease
the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days' written notice to the CONTRACTOR and the CONSULTANT, the CITY
may, withOUt cause and without prejudice to any other right or remedy, elect to t,etminate the Contract
for the conv~nience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work
executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or
Defective Work. No payment shall be made for profit for Work whkh has not been performed.
IS.4A The CITY reserves the right in the event the CONTRACTOR cannot provide an itetn(s) ot setvice(s} in a
timely manner as requested. to obtain the ·good and/or services from other $ourcesand deducting the
Cost from the Contract Price without violating the intent of the Contract.
Removal of Equipment
15.5 In t:he case of termination of this Contract before completion for any cause whatever, ·the
CONTRACIOR. if notified to do so by the CITY, shall promptly remove any part or all of its eqUipment
and supplies from the property of the OWNER. Should the CONTRACTOR not remove such
eqUipment and supplies, the CITY shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
to such eqUipment or supplies. EqUipment and supplies shall not be construed to include sl,lch items for
. which the CONTRACTOR has been paid in whole or in part.
Contractor May Stop Work or Terminate
15.6 If, through no act or fault of the. CONTRACTOR. the Work is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court
or the CONSULTANT fails to act on any Application for Payment within thirty {30} calendar days after it
Thomas F. Pepe
1211412016
79
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 by the CITY, the Contract shall not be conSidered terminated. In lieu of terminating the
Contraci:,if the CONsuLTANT has failed to act onaTi Application for Payment or the OWNER ha~ failed
to make any payment as afor~ said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY an.d -me CONSULTANT stop the Work until it has been paid a.1I amounts then du~
Indemnification of Independent Consultant.
f 5] The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on ;my .~i~putesconcerning the
Contract Documents or on the perfonnanceof the CONTRACTOR or the OWNER pursu~ to the
terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request, ~ to
proVide the· CONSULT ANT with a written indemnification and hold . harmlesS agreement to in~emnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT' makes
anil1tel"pretation, de-certifies a payment application, decertifies Substantial Compleqon, del:ertffles Final
Completion; certifies an event of default, or approves any action whieh requires tl)e approval of the
CONSULTANT.
ARiiDClIE 16 -MgSC!l;LILANEOlDS.
16.1 Whenever ~y prOVIsion of the Contract DocumentS requil:"es. the giving of wrimm notic~ it shan be
deemed to have been vaJidlygiven if delivered in person to the indiVidual or toa member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent ~y registered or
certified mail, postage prepaid, to the last· known business address.
16.2 The Contract Documents shan remain the property of the OWNER. The CONTRACTQRand the
CONSULTANT shall have the right to keep one record set of the Contract Oocume~ l!pon completion
of the Project. .
16.3 The duties atl.d obligations imposed by these General Conditiohs, Special Conditions .and Supplementary
Conditiqns,. if any, and the rights and remedies available her-eunder~ and, In particular bllt without
limitation. thla warranties, guarantees and obligations imposed upon CONTRACTOR by:the C<;mtract
DOCuments and the rights and remedies available to the OWNER and CONSIJL T ANT thereund.er, shall
be in addition to, and shall not be construed in any way as a limitation of; any rights and rem~dies available
by law, by special guarantee or by other provisions of the Contract Documents.
16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of .
any error, omission, or act of the other or of any of their employees or agents or others for whose acts
they are legally liable, c1aiin shall be made in writing to the other party within twenty~ne (21) calendar
days of the first observance of such injury or damage.
ARTBCLE a"l -WABVER Of JURY TRDAl...
r 7. t 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 Do.cuments or the performance of the Work
thereunder.
ARTDClE 88 -ATTORNEYS fEES IUROSDDCT80N I VIENUlE I GOVJEIR.NIINIG LAW.
18.1 The Contract shall be construed in accordance with and governed by th~ law of the State of Florida.
18.2 The parties subm~to the jurisdiction of any coun 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 outof or relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
ARTBCILE B 9 -PROjECT RECORDS.
/9.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the
books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any
Thomas F. Pepe
1211412016
80
claim for additional compensation made by CONTRACTOR, and to cond\lttan audit of the financial and
accounting records of CONTRACTOR which relate to the. Project. CONTRACTOR shall retain and
make available to CITYaff such books and reCords .and accotints,fiilandalor otherwise, which relate to
the Project and to any claim for a period of three. (3) years following final completion· of"the
Project. During the Project and the three (3) year period followingfio::tl completionofthe Prolect;
CONTRACTOR shaUprovide CITY access to its books and recordsl,lpon fiVe (5) bUSiness daY'S written
notice. .
19.2 CONTRACTOR and all of i1;5 subco)Jtractors are requiredtoC!omplyWith th~ publi¢" ret:prds law
(s.l19;07QI) while providing servl,ces on behalf of the OWNER and tbe·CONTRACTOl\ under.such
conditions, shall incorporate this paragtaphinall of its subcontracts fOr this Project. ·CONTRAqOR
anditssiJbcontra,ctors are sp~W~l1y required to: (a) Keep and maintain ptJblicr~orcis required by the
poblic.nq'to perfonndte service; (bJ l)P9n request ftomthe publicagEm,.ys c1JstP~ofpubJic
rect:).rds"prcivide.the P!Jblic ;lgen(:y with a copy of the reques~d records otallow therecord~. t() Ile
iJispe~ed or copied within a reasonable time. at a costdtat does· not exceed the coSt provided In this
chapter Qr as otherwi~eprovided bylaw; (!:) Enstire-thatpublic recofdsthatai"eexempt'or coofid~ntial.
and '~empt from public; records disQ~sure requirements are not·disdosedexceptasaiJthorizedby law
for tbe durationofttJecontract term ant:\Jo\lowingcompletion of thecoritract if the coiltractOr dCle$ not
tta:d$ferthe,records to$epublic agency; and (d) Upon completion ofthe contract. t.raQ$fet, at npcp$t,
to thepliblic agency allp_ublic records in possessioriOf the contractor·or keep and mmritun publicrecord!li
required by the public agency to perform the setvice. If the tontrattor trahst:¢ts ail public recQr$. to th~
pubJlcag9htylJPOTl completion of the cont,ract," the contractor shall destroy anydupllcat~pi..lbli¢recorc;ls
tI:1a~aO:!iex.ernpt or confidential and "8)(ernpt from public records· diSCiosurereqLiiremel'lts .• If1;he .
c.on~ctQtkeeps and main~nspub.lic recor.ds upon completion .oftheconttact. the coo~r ~hall Ol~t
all ~ppljcall,le requirements for r$il')iilg public records. All records· stotedele.Cti'onica\ly m~St.b¢ provided
tl;)t1iepublica:gency, upon reque5t from the public ag'ency'scustodian ofpublicr"ecorcis. in afortnat tha~ is
compatibleV\tith theJhformation techno_'ogysystemsoftQepublicagency.
OF THE «=OiNlTMe1r'OR . HAS "Ql!.JJES1iU(QINIS JmIEG~FlIOiDN~ THE
A'PUCATOCiNI OIFCHAPTIEIFl. B 89, IFIl..ORDIOlASTATUTES, TO THE
eONTRACTOll~$lOlIJjTY TO .!P!ROVDftillE Ifi>UIUe ·RECO~DS IlU:llATHINlG TO
1J"'HB.S ,CQINITAAC1I", CO~TAC1!" THE ~USlr~lf1jBANOF pUl!lI..Hcmecom)s
AT30$-'~3 .. '340; EaIMaoB: mmerrnelndez@s«)utlhmoarrruilll.;gG!v; !O> ~lOS!lBns~1i:: Drive,
SolLBth IMInami, IFIL 33 B i4l. .
19..3 If cONTRACTOR or its subcontractor dQes not comply with a public records request, the CITY shall
have the right to enforce this corrtractprovision lJyspecific perldrtnance and· the person who vioJates this
provision~h~1 be liabl~ to OWNER for its costs of $nforcing this provision, il1c1l1dinga1:t;orney fees
incurred in all proceedings. whether adminiStrative or Civil toui"t and in all appellate proceedings.
AliUUCLE'lO -SIEVIERABILO"lI"Y~
20 .. 1 If any provision of the Contract or the application thereof to any person or sit!Jation shall to any extent,
be held invalid or unenforceable, the remainder of the Contract, and thellpplkation of such provisions to
petsonsorsituations other than those as to -whic~it shall have been held invalid C?r unenforceable shall
not be affected thereby; and shall continue in full force and effect. and be enforced to the fullest extent
permitted by law.
ARTBCLIE 21 -INDEPENIPENT CONTRACTOR.
21.1 The CONTRACTOlt is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shan be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR., and not as officers, employees, or agents of the OWNER.. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing policies and other
similar .admin.istrative procedures, applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
ARTICLfE 22 -ASSIGNMENT.
22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
arising under the terms, conditions and provisions of this Contract without prior written consent of the
City Manager. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the
CONTRACTOR's rights. The CITY may, in its sole and absolute discretion, refuse to allow the
CONTRACTOR to assign its duties, obligations and responsibilities. In any event, the CITY shall not
Thomas F.l!'epe
12114/2016
81
cOl'1s¢nt to such assignment unless CONTRACTOR remains jointly and severally I.able for any breach of
the Agreemen1; by the a$Signee, the assignee meets all of the CITY's requirements to the CITY's sole
satisfactlon.nd'the ass.!gnee executes,alt of the Contract Documents that were required to be executed
by the CONTRActOR '
aM WITNESS WHEREOF, theparti~ 'hereto have executed the Genl?raJ Conditions to acknowledge
their indusioilas part of the Contract D9cumentS on this 21:thdayof March • 20.18....
Tfwmas F. Pepe
12114/2016
CONTRACTOR: Terra ByIe Contractors, Inc;
Signature: b.i: e-~
Print Signatory's Name: Emerita Ocana
Title of Signatory: _..:.Pr..:.e:=:s~id~e=n:!:l:t_---,,,,.-.;; ____ _ ~ =-= /.-----
82
$uppDemeltiltarry Cond5tions
TWBIN LAKIeS TRAFfiC CALIi"ilDNG PROjlECT
UP PW.20 B 8·U1
A Consultant: In accordanc!! with ARTICl,.E I of the· General Condit:jons CONSULTANT is defined as the
persc;m identified as tile CONSULTANT in the Supplementary ~c:mdition$ or if nOile, then CITY's
d~i~atedrepr'eseritativeas iden~elilintheSupplementaryConditjons. The CONSULTANT's, If any. and
the City's Desi~ated Representative's name. -address, te1ephcme n\.lmber and fal;slmile number are as
foliows:
Theo,,~Dnll) Gr(llup
4055 NW 97.Avenue
DOJ;a!,FL 3~J 78
Ph: 305!59+0735
Fax: 305159+0755
B. Teti.njn~tioilor Substitution. of COhsultlplt: Nothil)g h¢reinshall prevent. the CITY frorntl!li"ITiinating the
servJces ()f the CONSULTANT or from substit;utinganother "per:sCin" tQ act as th~CON$ULTANT •..
C. ·Plansfor Con~rtiction:Thesucce$sfi.d CONTRACTOR Will befutliished.. . . seU ofC;:9htract
D~~meritS wlthoutcharge. Any additiQnal copiesrequireci willb~ fj,JrnishecltQ the OQNTRACTOk ata
c~ttotl1e CONTRACTOR .equal.to'tbe~prqduc1;ibn'C:QR.
D. The S¢Qpe pfServices, also referred to as the Work!!) thecontra~<lo.~ume!lts,js.~~forthil) the:RFP
and irithe attachedlEXlHBSDT n. AttaiCbirnll!nu ~. IS ·.ire tpth~ ItaFlP aJlclifthere Isaconflici: the
~ched EXhibit Shall take precedenCe. -
E. .contractotshailcomplyWlth th!! insurance and indemnificati()n requirements is set forth iilthe RFP and in
the dbturrientsetforth In the attachedlEXIHIDB8T 2 to the ~v:P·andif there is a conflict the attached
Exhibit.shalltike precedence.
F. TheVVorkshall be completed in OlOdl\lMdat daysuOleS$ a ShO('teI"til1le is setf9r'th in the Contract and
in such -event the Coiltrattshall take pfe¢edepti1otwithstanding anYproyisi()n in the General Conditions
totlieContractthatmay betb the contrary,
BINI WlI"ll'INIIESS W1HlERlEOlF. the parties hereto have e)(ecutecl the Supplementary Conditions to
ac:f<nowledgetheii-indusion as part of the Contract on this211h day of March . 20 18.
ATTESTEP:
Read and Approved as to Form, Language.
Lega\ity,and exeCution Thereof:
CONTRACTOR: Terra Hyle Contractors, Inc.
Signature: L ..e-~
Print Signatory's Name: Emerita Ocana
Tide of.Signatory: President -==
~/
OWNER: CI1l"!-OIF .... SOIUJ'TIHlIMlIAMB
/ _______ -••••• u.
Signature: 2-...... -
~venAlexander
...__-----City Manager
._~5-;'~7C-<?~:::r¥~~ Signature: --::---:-_______ _
Th(Jmas F. Pepe
I2Il4/2006
City Attorney
END OF SECTION
83
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LUST ef PROPOSED SUBCONTRACTORS AND IPR91N1CDPAL SlUJlPlPUERS
TWIN I!.AKlES TRAFIFH.C CALMING PROjlECT
RIFP PW10 D 8-07
Respondent shall list all pi"oposeds:ubcontractorrs, ifsubcontradorrs are allowed by the terms of this
Solicitation to be used on this project if they a,reawarded the C::ontO"act.
['~:~~ifi~~:'~:~~!:~:::~'~"'~~~~~~~~~11~~:!f~fffl~1~[~I::~Z:;~,~ .. ·.~:~:~~f~~t~::.~!~
Landscape
8ectrical
Irrigation
Paving General Asphalt
4850 NW 72 Ave (305)592-3480
Miami. FL 33166
Utilitjes
EXcavation
Other. One Way Striping (305)322-0384
This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFP.
Thomas F.lPepe
1211412016
END OF SECTION
20
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TWIN LAKES TRAFFI~ CLAMING RFP PW 2018-07
NOTE: RESULTS ARE NOT FINAL UNTil AN AWARD RECOMMENDTION BY THE CITY MANAGER
TERRA HYLE $22,735.00
SHASA ENG
AHJED
GROUP
V-ENG.
THE
PAVING
LADY
$45,251.00
$51,705.00
$55.000.00
$55,171.55
X x
x x
x x
x N/A
x X
(1) Performance BOND: CONDITION OF AWARD
X X
x N/A
X x
x x
x N/A
SHASA ENG: DID NOT USE REVISED VERSION DATED 3.21.18
PAVING LADY: DID NOT USE REVISED VERSION DATED 3.21.18
X x x x x x x x
x x x x x x x x
x X X x x x x X
x x x x x x x X
x x x x x x x x
--~-~.---.-... -.-----...
x N/A x N/A X
.....
x x N/A N/A
..
x x N/A N/A
I ~ .......
.....
••••• N/A
••• \ N/A N/A x
.....
..,
x x x N/A
----_._-------,,------..
Member Name
Bid Number
Bid Name
4 Oocument(s) found for this bid
1.1 Planholder(s} found.
424 NOTIFIED
Supplier Name
Bob's Barricades
ConstructConnect
Construction Journal, Ltd,
Craven, Thompson & Associates, Inc.
Legacy Products Inc
link Systems LLC
M & M Asphalt Maintenance, Inc. DBA
All County Paving
RJ Spencer Construction
Shasa Engineering Corp,
Un'lversal EngineeringSciences
williams paving co" inc.
City of South Miami
RFP-RFP PW201B-07-0-
2018/SK
TWIN LAKES TRAFFIC
CALMING PROJECT
Address 1
921 Shotgun Rd
3825 Edwards Rd
400 SW 7th Street
3563 NW 53rd Street
379'1 5W Pierre 5t
5870 Hummingbird
Court
1180 SW 10th Street
20535 NW 2nd Ave #
202
13965'S,W.10 5t,
3532 Maggie Boulevard
11300 NW 5 River Drive
City
Sunrise
Cincinnati
Stuart
Fort Lauderdale
Topeka
Titusville
Delray Beach
Miami Gardens
Miami
Orlando
Medley
State Zip Phone Attributes
FL 33326 9544232627
OH 45209 8772271680
FL 34994 8007855165
FL 33309 9547396400
K5 66617 7859920367
I,Small
fl 32780 4074010031 Business
Fl 33444 5615880949
1. African
2. Smail
3. Weiman
FL 33169 7864435346
FL 33184 3052237991
FL 32811 4074230504
FL 33178 3058821950
3/27/2018 Detail by Entity Name
iJJ'I!:;1IJJ; ()j'
C ()1~}I()1:J~T1U! C
~panment of State J Division of Co~ I Search Recprds I Detail By' Docyment Nuinber I
Detail by Entity Name
Rorida Profit Corporation
TERRA HYLE CONTRACTORS. INC.
Filing Information
Docu~nt Number
FEI/ElN Number
Date Filed
State
Status
Last Event
EVent Date Filed
Event Effective Date
Principal Address
4995 NW n Avenue
Suite 205
Miami, FL 33166
Changed: 02120/2015
MilliDg Address
4995 NW 72 Avenue
Suite 205
Miami, FL 33166
Changed: 02/20/2015
P11000004024
27-4746990
01/1212011
FL
ACTIVE
AMENDMENT
10/19/2016
NONE
B§gistered Agent Name & Address
OCANA, EMERITA
4995 NW 72 Avenue
Suite 205
Miami, FL 33166
Name Changed: 10/19/2016
Address ChalTged: 02/20/2015
OfficerlPirector Detail
Name & Address
Title Secretary
http://search.sunbiz.org/lnqufry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnilial&searchNameOrder-TERRAHYlECONTRA
3/2712018
OCANA. FELIX
4995 NW 72 AVENUE
SUITE 205
Miami. Fl33166
TitleVP
OCANA, MARIA
4995 NW 72 Avenue
SUite 205
Miami, Fl 33166
Title PT
OCANA, EMERITA
4995 NW 72 AVE
STE205
MIAMI. FL 33166
Annual ReRmii.
Report Year
2016
2017
2016
Document Images
Filed Date
0412912016 .
02113/2017
0212212018
02/2212018 ANNUAL REPORT ---Vi~ge in PDF format -~
02/1312017-ANNUAI REPORT 1 V1ewlmageinPDFfonnat I
10/19/2016-Amendment VI_image in PDF formal I
04/29l2016 -ANNUAL REPORT View image in PDF format 1
0212012015 -ANNUAL REPORT View image In PDF formal I
04129/2014 -ANNUAL REPORT ~--View Image in PDF formaQ
0412612013 -ANNUAL REPORT View image in PDF format I
0112112Q12 -ANt!UAl, RepoRT View image in PDF format .,
0111212011 -Domestic Profil View Image in PDF formal ·1
Detail by Entity Name
FIDttdO Oepartmtnt of State. tJivI:slon wi Corporbtions •
htto:lIsearch.sunbiz.orollnouJrv/CoroorationSearchlSAArr.hRAR,dtn .. IAiI?innt lirvtv .... =Fnli"dII .. m .. .ttli .. ",tinnTlln .. =lniti"t.t"""r"h"' ....... n ...... ""TI=~~AI-IVt l=("n"'T~A
,
l
2018 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P11000004024
Entity Name: TERRA HYLE CONTRACTORS. INC.
Current PrIncipal Place of Business:
4995 NW 72 AVENUE
SUITE 205
MIAMI. FL 33166
Current Mailing Address:
4995 NW 72 AVENUE
SUITE 205
MIAMI, FL 33166 US
FEI Number: 27-4746990
Name and Address of Current Registered Agent:
OCANA. EMERITA
4995 NW 72 AVENUE
SUITE 205
MIAMI. FL 33166 US
FILED
Feb 22, 2018
Secretary of State
CC3771382660
Certificate of Status Desired: No
The above fl8med entity submits this statement fOr the pu/poss of changing its registered office or registered agent. or bolt!. in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Tille SECRETARY
Name OCANA. FELIX
Address 4995 NW 72 AVENUE
SUITE 205
City-S1ate·Zlp: MIAMI FL 33166
Title PT
Name OCANA. EMERITA
Address 4995 NW 72 AVE
STE205
City-S1ate·Zip: MIAMI FL 33166
Title
Name
Address
VP
OCANA, MARIA
4995 NW 72 AVENUE
SUITE 205
Clty·State·Zlp: MIAMI FL 33166
Date
I hsnJby csttlfy Ihal the InformaQon indica/ad"" lhia repotl or 8upplemrmlal report is lrua and 8ccurale and Ih., my a/e.'ronic signalu,e shall have /he same legal eHect "" if mode under
oalh; /hOI I am an otrJr:er or _to< of /he _al"'n or /he ", •• Iver or 1ru.18e empoWlired 10 exe.ufe lhis report as requll8d by Chapter 607. Florida Statul.s; end thaI my name eppoers
abo\l8. or on an a/Iachmenf with aU olhar hk& empowel8d.
SIGNATURE: EMERITA OCANA PRESIDENT 0212212016
Electronic Signature of Signing Officer/Director Detail Date
MIAMI DAIl YBUSINES$ REVIEW
Published Daoly e'cepl·Salurday, 5tiilllay "r1(i
Llillal Holiday.
Miami, Miam>Oaqo Couruy,.Flollda
STATE OF FLORIDA
COUNTY OF·MIAMI-DAOE:
BelOre the undersigned 'authority personally appeared
JOHANA. OLIVA, Who on oath say.s that he or .she is Ihe
LE~P;L 'CLERK, Legal Notices of the Miami Dany Business
Review flkJe Miami Review, a daily (e:xcepl Saturday,
Sunday and Legal Holidays) newspaper, published al Miami
in Miami-Dade County, Florida: that the attathed copy of
advertisement" being a Legal Advenislilmen I' of Notice' In the
matter of
CITY OF SOVTH MIAMI -TWIN LAKES TR"'FFIC CALMING
PROJECT -RFP PW~016-07
in the XXxx Court,
was. published jn said nell)l$pape~ in the issues. of
03/07i2018
Affianl further says' Ihat the said Miami Daily Business
Review is a newspaper pubf,shed al Miami, in said
Miami-Dade County, Floriaa and that ~le said newspaper has
harelofore been continuously publiShed in said Miami -Dada
County, Florida eaCh day (except SalurdaY, Sunday and
Legel Holidays) and has been entered as second class mail
matter at the post otflce in Miami in said Mismi-Pade County,
Florida, fOf a periOd of one year /lext preceding Ihe first
publicatiOn of the aUachecl copy of advertisement; and affiant
further says ihal he or 'she has. neither paid nor promiseg any
person, firm or. corporation any discount, rebale. commission
or 'ref\tnd fat the purpose of securing IhlS adVertisement for
publiC8!ion in ihe said newspaper.
iSEAL)
JOHANA OLIVA personally' known to rn~
~ .... ~~~~~~~~~~~~
BARBARA THOMAS
Commission#GG 1211i'i
Expires·Novemb.\l1 2. 2021
Bonded ThIll 1rO'/ Fair, l.s"m"' .. ~ 600·38>7019 ,-.. -.~~~--~'~P="=-' P.