Res No 063-20-15503RESOLUTION NO.: 063-20-15503
A Resolution authorizing the City Manager to negotiate and enter into a contract with V
Engineering & Consulting Corp., for the construction of a traffic calming speed table at SW 65th
Terrace between SW 65th Avenue and SW 67th Avenue
WHEREAS, the City Mayor and Commission desire to provide traffic calming devices to convey speed
reduction and safety to the Cocoplum neighborhood; and
WHEREAS, the Cocoplum Traffic Calming Project has been budgeted in the Capital Improvement
Program section of the City's budget; and
WHEREAS, the City executed an amendment to the Intergovernmental Traffic Agreement with
Miami -Dade County which allows the City responsibilities of certain traffic engineering functions; and
WHEREAS, the City performed a traffic study and it was recommended to install speed table at SW
65th Avenue between SW 65' Avenue and SW 671h Avenue; and
WHEREAS, the City conducted a survey following up to the traffic study report and to adhere with
Miami -Dade County's traffic flow modifications and street closure procedures to the residents of the area
and received approval to install a speed table; and
WHEREAS, to convey speed reduction and safety to the Cocoplum neighborhood, the City developed
construction scope documents following Miami -Dade County standards for the construction of a traffic speed
table at SW 65th Terrace between SW 65th Avenue and SW 67th Avenue; and
WHEREAS, the construction documents were advertised on June 4, 2020 and between June 4, 2020 and
June 10, 2020, the City received a total of three (3) proposals in response to a solicitation; and
WHEREAS, pursuantto a competitive selection process, it was determined that V Engineering & Consulting
Corp., submitted a proposal in the amount of $10,400 that was the most cost effective; and
WHEREAS, the City desires to provide a contingency of $500 over the proposal amount to address for
unknown factors that may arise during the work; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter
into a contract with V Engineering & Consulting Corp., for the construction of a traffic calming speed table SW
65th Terrace between SW 65th Avenue and SW 67th Avenue; and
WHEREAS, the expense for this project shall be charged to the People Transportation Tax Fund account
number 124-1730-541-6490 which has a balance of $852,333.17 prior to this request.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH
MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated
into this resolution by reference as if set forth in full herein.
Page 1 of 2
Res. No. 063-20-15503
Section 2. The City Manager is authorized to negotiate the price, terms and conditions and to execute a
contract with V Engineering & Consulting Corp., for the construction of a traffic calming speed table at SW 65th
Terrace between SW 65th Avenue and SW 67th Avenue for a total amount not to exceed $10,400. The City
Manager is authorized to expend up to $500 to address any condition that the contractor, using reasonable
diligence, could not have foreseen when formulating its bid. A copy of the approved form of contract is attached.
The expenditure shall be charged to the People Transportation Tax Fund account number 124-1730-541-6490
which has a balance of $852,333.17 prior to this request.
Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the
City Attorney for any conforming amendments to be incorporated into the final resolution for signature.
Section 4: 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 5: Effective Date: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 16`h day of June, 2020.
ATTEST: n APPROVED:
(
CITY CL RK MAYOR
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGA XECUTION
THE �
CI ATTORNEY
COMMISSION VOTE:
5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda Item No:Ba.
City Commission Agenda Item Report
Meeting Date: June 16, 2020
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and enter into a contract with V Engineering &
Consulting Corp., for the construction of a traffic calming speed table at SW 65th Terrace between SW 65th
Avenue and SW 67th Avenue. 3/5 (City Manager -Public Works & Engineering)
Suggested Action:
Attachments:
Memo SW 65 TRCArev.docx
Reso_SW_65 TRCArev (1).docx
Executed Contract.pdf
VEC Proposal.pdf
RFP.pdf
2019 Traffic calming Report Cocoplum 20190330 Final.pdf
Amendment No.1to the Intergovernmental Agreement.pdf
South Miami
7;11 cil'y or rLEASAIN E LIv \c
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Shari Karnali, City Manager
DATE: June 16, 2020
SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a contract with
V Engineering & Consulting Corp for the construction of a traffic calming speed table at
SW 65th Terrace between SW 65th Avenue and SW 67th Avenue.
BACKGROUND: The City desires to provide traffic calming devices to convey speed reduction and safety
to the Cocoplum neighborhood. The City performed a traffic study in 2019 which
recommended the implementation of a speed table along SW 65th Terrace between SW
65th Avenue and SW 67th Avenue. To convey speed reduction and safety, the City
developed construction scope documents following Miami -Dade County Standards for
the construction of a traffic speed table at SW 65th Terrace between SW 65th Avenue
and SW 67th Avenue. Quotes were solicited from several contractors.
Between June 4, 2020 and June 10, 2020, the City received a total of three (3) proposals
in response to a quotation. Pursuant to review, it was determined that V Engineering
Corp., is the most responsive and responsible bidder for this proposal. Below are the
top three proposals received:
Contractor
Bid Price
V Engineering & Consulting Corp.
$10,400
Terra Hyle Contractors, Inc.
$11,500
Metro Express, Inc.
$14,132
A contingency amount of $500 will be included over the proposal amount of $10,400 to
address for unknown factors that may arise during the work.
AMOUNT: Amount not to exceed $10,900 which includes $500 for contingency
FUND & ACCOUNT: The expenditure shall be charged $10,900 to the People Transportation Tax Fund
account number 124-1730-541-6490 which has a balance of $852,333.17 prior to this
request.
ATTACHMENTS: Resolution
Construction Contract with Exhibits
V Engineering & Consulting Corp., Bid Documents
March 2019 Traffic Calming Study
Miami -Dade County Amendment#1 to the Intergovernmental Agreement
K
CONSTRUCTION CONTRACT
CONSTRUCTION OF SPEED TABLE ALONG SW 65 TERRACE BETWEEN SW 65
AVENUE & SW 67 AVENUE
THIS CONTRACT was made and entered into on this .2 /4 day of Jul , 20
by and between V-ENGINEERIG & CONSUTLING GROUP (hereafter referred to as "Contractor"), and the
City of South Miami (hereafter referred to as "Owner'), through its City Manager (hereafter referred to as "City").
WITNESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
1. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and
any other items necessary to perform all of the work shown on and described in the Contract Documents
and shall do everything required by this Contract and the other Contract Documents hereinafter referred
to as the Work.
2. The Contract Documents shall include this Contract, General Conditions to the Contract, if any, the
drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other
documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter
referred to as "Bid Documents") and any documents to which those documents refer which are used by
the Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein.
3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to
additions and deductions as provided in the Contract Documents and any properly approved, written
change orders, in lawful money of the United States, the Lump Sum amount of:
TEN THOUSAND FOUR HUNDERD AND NO CENTS Dollars ($ 10,400.00)
(Spell Dollar Amount above) ("Contract Price").
S. 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, that any part, or all, of the Work
be performed after regular working hours. In such event, the Respondent shall have no right to additional
compensation for such work. However, nothing contained herein shall authorize work on days and during
hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by
the City.
6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other
costs incurred by the Contractor in connection with the construction of the Work have been paid in full,
and after compliance with the terms for payment provided for in the Contract Documents, final payment on
account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor
of all Work covered by this Contract and the acceptance of such Work by the Owner.
8. The Work shall be coml2leted in 30 calendar days. In the event that the Contractor shall fail to complete
the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed
upon, 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 $350.00 dollars per day, plus any monies paid by
the Owner to the Consultant, if any, for additional engineering and inspection services, if any, associated with
such delay.
9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond")
is required and if, at any time after the execution of this Contract and the Bond for its faithful performance
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and payment, the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for
any reason such bond ceases to be adequate to cover the performance of the Work or payment to
subcontractors and suppliers, the Contractor shall, at its expense within five (5) business days after the
receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and
with such Surety or Sureties as shall be satisfactory to the City. In such event, no further payment to the
Contractor shall be deemed to be due under this Contract until such new or additional security for the
faithful performance of the Work is furnished in the manner and in the form satisfactory to the City.
10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of
the work, by appropriate action by the City and in accordance with the Contract Documents.
11. The date that this contract was "made and entered into" and its effective date is the date that the contract is the
signed by the City or, if the contract is required to be approved by resolution of the City Commission, 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 on the day and date set
forth next to their name below and may be signed in one or more counterparts, each of which shall, without proof
or accounting for the other counterpart, be deemed an original Contract.
ATTESTED:
i 1
Signature: -
Nkenga A. Pay�e
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature:
City Attorney
CONTRACTOR:
Signature:
Print Signatory's Name: 7-Z"—
Title of Signatory: eled `!G' e2
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OWNER: CITY OF SOUTH MIAMI
Signature:
Shari Kamali
City Manager
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
CONSTRUCTION CONTRACT
CONSTRUCTION OF SPEED TABLE ALONG SW 65 TERRACE BETWEEN SW 65
AVENUE & SW 67 AVENUE
ARTICLE I —DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have
the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to
this Article for the purpose of interpreting a word or group of words in that section of the Contract Document
However, when the section of the Contract, where the word to be defined is used, does not specifically refers to
this Article to define the word or group of words, the definitions contained in this Article shall not apply unless
the word or group of words, in the context of it or their use in the Contract Document in question, is/are
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, clarifications or correction.
Application for Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments.
Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other
terms for the Work to be performed.
Bidder: Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for
Work.
Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including
the instructions, form of documents and affidavits.
Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of Florida.
Change Order: A written order to the CONTRACTOR signed by the City Manager authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract.
Work Order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by OWNER to the CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations, and the timeframe for completing the work.
QW. The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143. or manager's
designee, unless the context wherein the word is used should more appropriately mean the City of South Miami.
Cigy Manager: Includes the City Manager's designee.
Construction Observer: An authorized representative of the CONSULTANT, if any, or otherwise a
representative of OWNER assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this representative.
Contract Documents: The Contract Documents shall include the Contract between OWNER and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the
General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications to any of the Contract Documents.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting_Offrcer: The individual who is authorized to sign the contract documents on behalf of OWNER.
CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract.
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CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
OWNER's designated representative as identified in the Supplementary Conditions.
DaX: A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it shall be presumed
to be a calendar day unless specifically designated as a business day.
Dom: The number of twenty-four (24) hour periods following the event to which the word "days" refers
commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
Defective Work: Worl< that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of
final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that
are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and
equipment furnished under the Contract that are not good quality and new unless otherwise required or
permitted by the Contract Documents.
Drawings: The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by City Manager
and are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order
signed by both parties, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance
with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Non -conforming Work means work that does not conform to the Contract Documents and includes work that is
unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference
standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or
work. that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by OWNER).
Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon
compliance with the conditions precedent to be fulfilled by it within the time specified, City Manager will execute
and deliver the Contract to him.
Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT)
fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to
perform its obligations under the Contract Documents.
Owner. The City of South Miami.
Person: An individual or legal entity.
Project: The entire construction operation being performed as delineated in the Contract Documents.
Pow The term "policy" as used in the Conn -act Documents shall mean the insurance binder, if it is issued, the
declaration page of the policy and the body of the policy, including all endorsements.
RFP: Request for Proposal.
Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment,
material or some portion of the work and as required by the Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcont ctor• An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
4 of 41
Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a
certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or
a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date
when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by City Manager to be minor "punch list" work.
Sub l� Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an item, but who does not perform labor at the site of the Work.
Surer : The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project.
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion
of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or
corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing, any notice to or demand upon OWNER under this Contract shall be delivered to City Manager
and the CONSULTANT.
ARTICLE 2 — PRELIMINARY MATTERS
Award:
2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids shall be
awarded by the OWNER to the lowest responsive and responsible Bidder. No Notice of Award shall be
given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the
satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to
complete the Work within the time prescribed and in accordance with the Contract Documents. The
City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole
discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to
perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit
prices, if requested by the Bid forms. If the Contract is awarded, the City Manager shall issue the Notice
of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of
Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of
Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated
supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract
Document that requires the signature of a party may be executed in counterparts separately by each of
the parties and, in such event, each counterpart separately executed shall, without proof or accounting
for the other counterpart be deemed an original Contract Document.
Forfeiture of Bid Secures/Performance and Payment Bond if any are required by the applicable RFP:
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
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2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance of the Work
with the liability equal to one hundred percent (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 Manager with evidence of such recording.
2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety, having a resident agent in the State of Florida and having been in business with a record
of successful continuous operation for a least five (5) years.
2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The OWNER shall only be required to accept a surety bond from a company with a rating A. VII
or better.
2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the City Manager to annul the Notice of Award
and declare the Bid and any security therefore forfeited.
Contractor's Pre -Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data with
the requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article 1), prior to
the date on which the Contract Time commences to run, except with the written consent of the City
Manager.
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither OWNER nor the CONSULTANT shall be liable for any
harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error,
or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitled to any
compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error,
or discrepancy in the Contract Documents.
Schedule of Completion:
2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to
CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated
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construction schedule indicating the starting and completion dates of the various stages of the Work, and
a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or
require revisions thereto within seven (7) calendar days of its submittal. If there is more than one
CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all
CONTRACTORS shall be provided in the Special Conditions.
2.9 Within five (5) business days after delivery of the executed Contract by City Manager to
CONTRACTOR, but before starting the Work at the site, a pre -construction conference shall be held to
review the above schedules, to establish procedures for handling Shop Drawings and other submissions,
and for processing Applications for Payment, and to establish a working understanding between the
parties as to the Project. Present at the conference will be the OWNER'S representative,
CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent.
Qualifications of Subcontractors, Material men and Suppliers:
2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the City Manager and the CONSULTANT for acceptance a list of the names of
Subcontractors and such other persons and organizations (including those who are to furnish principal
items of materials or equipment) proposed for those portions of the Work as to which the identity of
Subcontractors and other persons and organizations must be submitted as specified in the Contract
Documents. Within thirty (30) calendar days after receiving the list, the CONSULTANT will notify the
CONTRACTOR in writing if either the City Manager or the CONSULTANT has reasonable objection to
any Subcontractor, person, or organization on such list. The failure of the City Manager or the
CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty
(30) calendar days of the receipt shall constitute an acceptance of such Subcontractor, person or
organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver
of any right of the OWNER or the CONSULTANT to reject defective Work, material or equipment, or
any Work, material or equipment not in conformance with the requirements of the Contract Documents.
2.11 If, prior to the Notice of Award, the City Manager or the CONSULTANT has reasonable objection to
any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without an increase in its bid price.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
ARTICLE 3-CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between OWNER and the CONTRACTOR. They may be altered only by a modification as defined in
Article I.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it
shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's
attention in writing. The various Contract Documents are complementary; in case of conflict, error or
discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to
OWNER shall apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, 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
7 of 41
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If the CONTRACTOR is prevented from complying with this provision due to the Drawings or
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such
limitations before proceeding with construction in the area where the problem exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given 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 trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal", the CONTRACTOR shall use the brand, make and model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.11 The CONTRACTOR shall have advised the CONSULTANT, prior to performing any work involving a
conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of
the documents shall take precedence. In the event that there is a conflict between or among the
Contract Documents, only the latest version shall apply and the latest version of the Contract
Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These
documents are set forth below in the order of their precedence so that all the documents listed above a
given document should have precedence over all the documents listed below it.
(a) Change Orders
(b) Amendments/addenda to Contract
(c) Supplementary Conditions, if any
(d) Contract with all Exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
(g) Scaled dimensions
(h) Drawings of a larger scale
(i) Drawings of a smaller scale
(j) Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 AYAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be
done, rights -of -way for access thereto, and such other lands which are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access
to such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of the
CONTRACTOR.
8 of 41
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Condi ions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal, handling and storage of materials, availability of labor, water, electric power, roads and
uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed preliminary
he Work. The CONTRACTOR further acknowledges that he has satisfied
to and during prosecution of t
himself as to the character, quality and quantity of su subsurface
from an materials spection of seor te,o be
encountered insofar as this information is reasonably ascertainable
including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as
well as from information presented by the Drawings and Specifications made part of this Contract, or any
other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to
acquaint itself with the available information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. on the basis of the reformat onomade
r any
conclusions or interpretations made by the CONTRACTOR
available by OWNER/ CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty-eight (48) hours of its discovery, and before such conditions are
disturbed, notify the City Manager in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and differing materially from those
4.4.2 Unknown physical conditions at the site, of an unusual nature,
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The City Manager shall promptly investigate the conditions, and if it finds that such
conditions do materially differ to the extent as to cause an increase or decrease in the
CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under
this Contract, an equitable adjustment shall be made and the Contract modified in writing
accordingly.R has
4.5 No claim of the CONTRACTOR under this clause shall the
time
unless the prescribed therefoOre may exIbyn
the notice required in 4.4 above, provided, however,
the City Manager, but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE S —INSURANCE Contractor shall comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARTICLE 6 -CONTRACTOR'S ESPONSIBILITIES
Supervision and Superintendence:
olely responsible for the means,
6.1 The CONTRACTOR shall supervise and direct the
methods, techniques, sequences and procedures of Work. structionallThebe sCONTRACTOR shall employ and
ferred to as "Supervisor" at the Work
maintain a qualified supervisor or superintendent (hereinafter
before the CONTRACTOR commences
site who shall be designated in writing by the CONTRACTOR
the Work and within the time required by the Contract.as
ithe OT AC OR'S representative CONTRACTOR and
site. The Supervisor or so designated shall have full authority c
all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to
the CONTRACTOR'S home office). Drawings, Addenda,
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications,
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
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all changes made during the construction process. These shall be available to the CONSULTANT
and any OWNER Representative at all reasonable times. A set of "As -Built" drawings, as well as
the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations,
shall be made available to City Manager at all times and it shall be delivered to the City Manager
upon completion of the Project.
Labor, Materials and Equipment:
6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing, initial operation and completion of
the Work.
6.4 All materials and equipment shall be new, except as otherwise provided in the Contract
Documents. When special makes or grades of material which are normally packaged by the supplier or
manufacturer are specified or approved, such materials shall be delivered to the site in their original
packages or containers with seals unbroken and labels intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable manufacturer, fabricator, or 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 ( ) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform to requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged by such alterations,
at any time before completion and acceptance of the Project. All such Work shall be done at the
expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
6.6.6 Non -conforming Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements or conform to the
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plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within five (S) business days by the CONTRACTOR at his own expense and redelivered and/or
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as abandoned and the OWNER shall have the right to dispose of them as its own
property and the CONTRACTOR thereby waives any claim to the good or to compensation of
any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may
result in the CONTRACTOR being found in default.
6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or
services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.6.8 The OWNER reserves the right, in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract.
Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the .City Manager or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the City Manager and the CONSULTANT, unless the
CONSULTANT determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may 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 pay or to see to payment of any subcontractor or other person or
organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish
to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts
paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10 The CONTRACTOR agrees to bind specifically
benefit of OWNER. Subcontractor to the applicable terms and
conditions of the Contract Documents for
the 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that City
Manager may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR
if and when directed by the CONSULTANT in writing.
6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of the
terms of the subcontract, including the hiring and retention of employees for the performance of Work
that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex,
age, sexual orientation, familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
11 of 41
Patent Fees and Royalties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including attorney's
fees) arising out of any infringement of such rights during or after the completion of the Work, and shall
defend all such claims in connection with any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responsible for determining the application of patent and/or royalty rights
as to any materials, appliances, articles or systems prior to bidding. However, he shall not be responsible
for such determination on systems which do not involve purchase by them of materials, appliances and
articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of his Bid. When such charges are normally made by the OWNER and when so
stated in the Special Conditions, there will be no charges to the CONTRACTOR. The City Manager shall
assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR
shall also pay all public utility charges.
Electrical Power and Lighting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT,
it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain
that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
Discrimination:
6.17A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation,
familial status or disability.
Taxes:
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6.19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or
off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
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6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the City Manager.
Emergencies:
I . 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the
CONTRACTOR, without special instruction ou�h�eatened from
damage, nOryS or loss.sls. He City
shall Manager.
the
obligated to act, at his discretion, to prevent
CONSULTANT prompt written notice of any significant
bel'teves that additional Work done by him�n an emergency
m the Contract
Documents caused thereby. If the CONTRACTOR
which arose from causes beyond his control entities him to an increase in the Contract Price or an extension
of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. The City Manager
reserves the right, in the manager's sole and absolute discretion, to suspend the work or services or cancel this
contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that
has been declared by the Governor, Mayor of Miami -Dade County or by the City Manager pursuant to the
manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances.
Shop )rawings and Samples:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the
accepted schedule of shop drawing submissions, six
CONSULTANT for review, in accordance with the
(6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
shall be complete with respect to dimensions, design criteria, materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to
cause no delay in Work, all samples required by the Contract Documents.
All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall the sat satisfactory o the CONSULTANT. The return the reuired numer of corrected copies of op
Drawings and resubmit new samples untile review is
CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re -submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to the OWNER and the
CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility
for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements of the Work and the Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each
approved sample shall be kept in good order, in a book
chronological
e siteorder
d shall be available
in such other
order required by the CONSULTANT in writing, by the CONTRACTOR at
to the CONSULTANT.
6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
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6.27A The CONTRACTOR shall be liable to 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.
Cleaning Up:
6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and before acceptance of final payment for the Project by
OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material
and rubbish as well as all other material and equipment that does not form a part of the Work, from the
property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by OWNER is necessary prior to its occupancy and he shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Work so as to
leave the whole Work and Work Site in a neat and presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the OWNER may clean the Work Site of the
materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to ensure the least
practicable obstruction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous position, at such locations as traffic demands. At any time that streets are required to be
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South
Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall provide on -site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left 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 such claim or demand, CONTRACTOR, upon written notice from the City Manager, shall defend
such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided
above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at
OWNER'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 act or
omission is the primary cause of injury or damage.
6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all
insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused
in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors,
sub -subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused
14 of 41
by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
Responsibility for Connection to Existine Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings and
Specifications to provide a complete installation.
6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of -
ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be
done in accordance with requirements of the special conditions. OWNER will be responsible for
obtaining all permits necessary for the Worl< described in this paragraph 6.36. Uon completion of certificates,n tr plcateR from the proper
the
Work, CONTRACTOR shall present to CONSULTANT certificates,
authorities, stating that the Worlc has been done in accordance with their requirements.
6.36.1 The OWNER will cooperate with the CONTRACTOR in obtaining action from any utilities or
public authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement,
storm drainage structures, and other items which must be established by governmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently early
in the construction period to prevent any adverse effect on the Project.
Cooperation with Governmental De artments Public Uti ities Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
etc., including incidental structures connected therewith, that are encountered in the Work in order that
such items are properly shored, supported and protected, that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, 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.
6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and shall
not unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and'regulation promulgated by the CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate ith the d otherty er in as well as gand parking of
hat of the material
automobiles of its employees, subcontractorsand personnel,
delivery trucks and other- vehicles that come to the Project site.
6.38.4 The City Manager 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 facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
facilities.
Protection of Existing ProReM Im rovements•
6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
ARTICLE 7 - WORK BY OTHERS.
7.1 The OWNER may perform additional Work related to the Project or may let other direct contracts
therefor which shall contain General Conditions similar to these. The CONTRACTOR shall afford the
other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional
Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or OWNER, the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the
other contractor whose work will be affected.
7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by OWNER or others will cause the CONTRACTOR additional
expense or entities him to an extension of the Contract Time, he may make a claim therefore as provided
in Articles I I and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or
shall leave chases, slots and holes as required to receive and to conceal within the general construction
Work the work of such other separate contractors as directed by them. Where such chases, slots, etc.,
are impracticable, the Work shall require specific approval of the CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of
the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination 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.
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7.10 The City Manager reserves the right in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner as requested, to obtain the good and/or services from other sources and
deducting the cost from the Contract Price without violating the intent of the Contract.
ARTICLE 8 — CITY'S RESPONSIBILITIES
8.1 The City Manager will issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment e the
Contract OvDocuments. the shall ity e that oger will the former
a
CONSULTANT whose status under th
CONSULTANT.
8.3 The City Manager shall promptly furnish the data required of them under the Contract Documents.
8.4 The OWNER'S duties in respect to providing lands and easements acorn coe set mpleted oir partiallyParagraphs
o pl and 4.2.
8.5 The OWNER shall have the right to take possession of and use y p
portions of the Worlc, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such taking pssession ith the Contract act Docuse ll not be deemed an
acceptance of any Work not completed in accordance w
ARTICLE — CONSUL ANTS' STATUS DURING CONSTRUCTION.
Cigy's Reoresentatfve:
9.1 The CONSULTANT shall be the OWNER'S representative
CONSULTANT asr the OWNER'S The uties
and responsibilities and the limitations of authority of the
representative during construction are set forth in Articles I through 16 of thd the CONSULTANT. ese General Conditions and
shall not be extended without written consent of the City Manageri
9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms
of the Contract Documents.
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other
NT arising out of or relating to
matters in question between the OWNER and the O a courtCNSULTAof competent jurisdiction within
this Contract or the breach thereof, shall be decided
the State of Florida.
visits to Site:
9.2 The CONSULTANT shall provide an inspector to vWork and to determine Pf the Work is
of
construction to observe the progress and quality of the executed
proceeding in accordance with the Contract Documents- rs efforts shall that const ucton ris irectedn comp) anrd te with the
providing
assurance for OWNER and all applicable regulatory agencies
Construction Documents and applicable laws, rules and regulations. On the basis of these on site -
observations as an experienced and qualified design professional,
he shall defects andeep the deficiencies i/n anaWork ofger informed
of the progress of the Work and shall guard OWNER against
CONTRACTOR.
Clarifications and Interpretations
issue, with reasonable prompt written
9.3 The CONSULTANT shall otherwise
may determine necessary, which
of the Contract Documents (in the form of Drawings or ) asi
shall be consistent with, or reasonably inferable from, the overall
extension of ContractTDme based on
the CONTRACTOR seeks an increase in the Contract Price
written clarification and/or Interpretation, it shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of Ouantides
9.4 All Work completed under the Contract shall measured measurements shall be be made horizontally or vertically
United States Standard Measures. All linear surface
ace
as required by the item measured.
Reg wink Defective Work:
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9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article I. It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing shall be
approved in writing by the City Manager. All consequential cost of such inspections and testing, including
but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work
of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until
the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective
Work.
Shop 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 see Articles 10, 11, and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article 14.
Decisions on Disagreements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9.11 The CONSULTANT will not be responsible for the construction means, fnethods, techniques, sequences
or procedures, or the safety precautions and programs incident thereto. '
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 -CHANGES IN THE WORK.
10.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order
additions, deletions or revisions in or to the Work which shall only be authorized by a written Change
Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work
involved. All such Work shall be performed under the applicable conditions of the Contract
Documents. If any authorized written Change Order causes an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as
provided in Article I I or Article 12. A written Change Order signed by the City Manager 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 well
as to any change in the time to complete the Work under the circumstances. The failure to include a
time extension in the Change Order or in the request for a change order shall result in a waiver of any
extension of time due to the change in the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for 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 authorized 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 twenty-four (24) hours of the issuance of the
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without 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 of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The City Manager 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
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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
Manager before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE I I CHANGE OF CONTRACT PRICE.
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be at its expense without changing the Contract Price.
11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the Contract,
including but not limited to changes to or in:
1 1.2.1 Specifications (including drawings and designs);
1 1.2.2 Method or manner of performance of the Work.
1 1.2.3 OWNER -furnished facilities, equipment, materials, services, or site; or
1 1.2.4 Acceleration in the performance of the Work.
11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct
of the City Manager shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, or as otherwise provided in another section of the Contract Documents.
11.4 When a Change Order is issued by the CONSULTANT and signed by the City Manager or issued by the
City Manager in writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does
not agree with the dollar amount of the Change Order. If any Change Order causes an increase or
decrease in the CONTRACTOR'S cost of, or the time required for. the performance of any part of the
Work under this Contract, for which the City Manager and the CONTRACTOR cannot reach a timely
agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract
modified accordingly.
11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written
Change Order, submit to the City Manager and CONSULTANT a written nonce including a statement
setting forth the general nature and monetary extent of such claim for equitable adjustment, time
extension requested and supporting data. In determining the cost of the Change Order, the costs shall be
limited to those listed in section 11.7 and 11.8.
11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
1 1.7.1 By negotiated lump sum.
1 1.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed
15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable
costs, the CONTRACT shall provide a list of all costs together with backup documentation
11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by City Manager, such costs shall be in amounts no higher than those prevailing in Miami -
Dade County and shall include only the following items:
1 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by City
Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work
shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited
to: salaries and wages, plus the costs of fringe benefits which shall include social security
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contributions, unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
OWNER and provided it was not in any way, whether in whole or in part the result of the fault of
the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him
or due in whole or in part to Defective Work of the CONTRACTOR.
1 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection
therewith. The CONTRACTOR shall notify the City Manager of all cash discounts that are
available and offer the OWNER the opportunity to deposit funds with the CONTRACTOR for
the payment for items that offer a discount. Cash discounts shall accrue to CONTRACTOR
unless the CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER
deposits funds with CONTRACTOR with which to make payments in which cases the cash
discounts shall accrue to 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.
1 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by City Manager, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver- such bids to City Manager 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 Manager. If a Subcontract
provides that,the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of
the Work shall be determined in accordance this section 11.8 and in such case the word
"Subcontractor" shall be substituted for the word "CONTRACTOR".
1 1.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by City Manager with the advice of CONSULTANT, and die costs of transportation,
loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of
said rental agreements. The rental of any such equipment, machinery or parts shall cease when
the use thereof is no longer necessary for the Work.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
1 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
1 1.8.7 The cost of utilities, fuel and sanitary facilities at the site.
1 1.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
1 1.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
1 1.9 The term Cost of the Work shall NOT include any of the following:
1 1.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers,
agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR
whether at the site or in its principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in Subparagraph I I.S.
1 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
1 1.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
1 1.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 11.8.9).
1 1.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
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limited to, the correction of defective work, disposal of materials or equipment wrongly supplied
and making good any damage to property.
1 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph 11.8.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
1 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
1 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%).
11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
manner as provided in 1 1.8. When both additions and credits are involved in any one change, the net
shall be computed to include overhead and profit, identified separately, for both additions and credit,
provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not
performed.
ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED 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 the date specified
in the Notice to Proceed and completed within the time specified for completion of the work.
12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion
within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR
and City Manager, that the Contract Time for the completion of the Work described herein is a
reasonable time, taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the Work. No extension of time shall be granted due conditions that the
Contractor knew of or should have known of before bidding on the project or due to inclement weather,
except as provided in section 12.7.
12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time
granted by the City Manager, then the CONTRACTOR shall pay to OWNER the amount of liquidated
damages as specified in the Contract Documents for each calendar day after the scheduled date for
completion as adjusted by written Change Orders that extended the completion date.
12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability
to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between
the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will
be sustained as a consequence of such delay, and both parties desiring to obviate any question or
dispute concerning the amount of said damages and the cost and effect of the failure of
CONTRACTOR to complete the Contract on time. The above -stated liquidated damages shall
apply separately to each phase of the Project for which a time for completion is given.
12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to
CONTRACTOR for the Work under this Contract.
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the City Manager and CONSULTANT
within five (5) business days of the occurrence of the event giving rise to the claim and stating the general
nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be
evaluated and recommended by the CONSULTANT, with final approval by the City Manager. Any change
in the Contract Time resulting from any such claim shall be incorporated in a written Change Order.
12.5 All time limits stated in the Contract Documents are of the essence of the Contract.
12.6 No damage claim for delay is allowed and the CONTRACTOR's sole remedy for delay caused by
OWNER shall be an extension of time for the period of delay.
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather is documented by records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to
delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall
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be limited to increased cost of materials that were unanticipated and that would not have been incurred
but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an
extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such
resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the
21 st day following the date of the event upon which the claim is based.
12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than
termination for default or convenience, the CONTRACTOR and the city department responsible for the
administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department with the advice of the City Attorney and the
CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE 13 —GUARANTEE.
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective
Work for a period of one (1) year from the date of Final Acceptance as indicated in the CONSULTANT
Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the
Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is
applicable, the one that is issued last, for patent Defective Work.. The same guarantee and unconditional
warranty shall be extended for three (3) years from the date of Final Acceptance as indicated in the
CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued,
or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is
applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of
observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to
commence to correct such Defective Work within ten (10) calendar days after having received written
notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute
the corrective work continuously and diligently and in accordance with the Contract Documents, applicable
law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in
whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at
the CONTRACTOR's expense, and the City Manager shall charge the CONTRACTOR the cost thereby
incurred. The Performance Bond shall remain in full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section 13.1, shall take precedence over Section 13.1.
13.3 CONTRACTOR shall act as agent, on a limited basis for the OWNER, at the City Manager's option,
solely for the follow-up concerning warranty compliance for all items under manufacturer's
Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage
under this Contract.
13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to
meet the specification requirements. Upon written notification of rejection, items shall be removed
within five (5) business days by the CONTRACTOR at his own expense and redelivered at his expense.
Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and City Manager
shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any
claim to the good or to compensation of any kind. Rejection for Non -Conforming Work or failure to
meet delivery schedules may result in the Contract being found in default.
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ARTICLE 14 - PAYMENTS AND COMPLETION.
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager
of a "purchase order", or any other document, does not and shall not authorize the commencement of
the Work. At least ten (10) calendar days before each progress payment falls due (but not more often
than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate
filled out and signed by the CONTRACTOR covering the Work performed during the period covered by
the partial payment estimate and supported by such data as the CONSULTANT may reasonably require.
All progress payment applications after the first progress payment shall be accompanied by partial releases
of lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stored at or near site,
the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the City
Manager, which establishes the OWNER's title to the material and equipment as well as certificates of
insurance providing coverage for 100% of the value of said material and equipment covering 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 (10) calendar days after receipt of each partial payment
estimate, either certifying in writing its approval of payment and present the partial payment estimate to
the City Manager, 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. 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. City Manager 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 OWNER.
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the City Manager a
Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final
releases of lien executed by all persons who have performed or furnished labor, services or materials,
directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a
release or provides a conditional release, the City Manager shall have the right to issue a joint check made
payable to the CONTRACTOR and such person.
14.3 Punch list
City Manager and CONTRACTOR shall develop a single list of items required to render complete,
satisfactory, and acceptable the construction services purchased by the local governmental entity. Within
30 calendar days after reaching substantial completion of the Project, City Manager shall prepare a punch
list of items that need to be completed and, within 5 days after the list of items has been developed and
reviewed, the City Manager shall deliver the punch list to CONTRACTOR. If the Project relates to more
than one building or structure, or involves a multiphase project, the City Manager shall prepare a separate
punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of
substantial completion of such building, structure and phase. [See Sec. 255.07, Fla. Stat.]
The final contract completion date may not be less than 30 days after the delivery of the list of items. If
the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by
the number of days OWNER exceeded the required delivery date.
Contractor's Warranty of Title .
that title co all Work, materials and equipment covered by
14.3 The CONTRACTOR warrants and guarantees
an Application for Payment whether the Work, material or equipment is incorporated in the Project or
not, shall have passed to OWNER prior to the making of the Application for Payment, free and clear of
all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as
"Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
23 of 41
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Angroval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the OWNER, based on the CONSULTANT's on site observations of the Work
in progress as an experienced professional and on his review of the Application for Payment and
supporting data, that the Work has progressed to the point indicated in the Application for Payment;
that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the
Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial
completion as defined in Article I, to the results of any subsequent tests called for in the Contract
Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to
payment of the amount approved. However, by approving, any such payment the CONSULTANT shall
not thereby be deemed to have represented that he made exhaustive or continuous on -site observations
to check the quality or the quantity of the Work, or that he has reviewed the means, methods,
techniques, sequences and procedures of construction or that he had made any examination to ascertain
how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account
of the Contract Price, or that title to any Work, materials, or equipment has passed to OWNER free and
clear of any liens.
14.5 The CONTRACTOR shall make the following certification on each request for payment
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this Work and that all materials included in this request for payment and not yet
incorporated into the construction are now on the site or stored at an approved location, and payment
received from the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed work
or supplied materials".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same
amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by
written agreement between them and then a joint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be
held by 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 representations to OWNER as required this Section 14. It may also refuse to
approve any payment, or it may void any prior payment application certification because of subsequently
discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary
in its opinion to protect 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
Fling or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications,
14.6.5 the OWNER has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by the CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance, City Manager, with the approval of the CONSULTANT, may use any
completed or substantially completed portions of the Work provided such use does not interfere with
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the CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such
portions of the Work.
14.8 The City Manager shall have the right to enter the premises for the purpose of doing Work not covered
by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of
the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work
except such as may be caused by agents or employees of OWNER.
14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to
the Final Application for Payment that the Work has been accepted by it under the conditions of the
Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by OWNER, shall be paid to the
CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with
OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of
making payments to your organization going forward, City Manager will provide the CONTRACTOR
with a credit card account number to keep on file. This card has unique security features, with $0 of
available funds until an invoice is approved for payment. After an invoice has received proper and
complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount
listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form
contained in this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions.
Acceptance of Final Payment as Release
14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to
OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously
filed and unresolved. The waiver shall include all things done or furnished in connection with the Work
and for every act and neglect of OWNER and others relating to or arising out of this Work. Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the
Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of
subsequently discovered evidence or the results of subsequent inspection or tests, that.
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5%
in the case of Final Completion.
14.13 If the CONSULTANT de -certifies any portion of the Work that was certified ("Initial Certification") by
the CONSULTANT, the CONTRACTOR shall repay to OWNER any money paid as a result of said
Initial Certification being issued which shall be paid only when the decertified work is re -certified.
ARTICLE IS SUSPENSION OF WORK AND TERMINATION.
15.1 The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the
CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly
25 of 41
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
I I or Article 12.
City Ma Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its
property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy
or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or
equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any
provision of, the Contract Documents, then the City Manager may, without prejudice to any other right
or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient., In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to OWNER. Such costs incurred by OWNER shall be determined by the CONSULTANT and
incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section 15.5
15.3 Where the CONTRACTOR'S services have been so terminated by the City Manager said termination
shall not affect any rights of OWNER against the CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys by OWNER due the CONTRACTOR shall not release the
CONTRACTOR from liability.
15.4 Upon seven (7) calendar days' written notice to the CONTRACTOR and the CONSULTANT, the City
Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the
Contract for the convenience of OWNER. In such case, the CONTRACTOR shall be paid for all Work
executed and accepted by the City Manager as of the date of the termination, minus any deduction for
damage or Defective Work. No payment shall be made for profit for Work which has not been
performed.
15.4A The OWNER reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s)
in a timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the City Manager, shall promptly remove any part or all of its
equipment and supplies from the property of OWNER. Should the CONTRACTOR not remove such
equipment and supplies, the City Manager shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that OWNER shall not be liable for loss or damage to
such equipment or supplies. Equipment and supplies shall not be construed to include such items for
which the CONTRACTOR has been paid in whole or in part.
Contractor MU 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 Manager 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
26of41
after it is submitted, or 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 Manager and the
CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the
twenty (20) calendar days. If timely remedied by the OWNER, the Contract shall not be considered
terminated. In lieu of terminating the Contract, if the CONSULTANT has failed to act on an Application
for Payment or OWNER has failed to make any payment as afore said, the CONTRACTOR may upon
ten (10) calendar days' notice to the City Manager and the CONSULTANT stop the Work until it has
been paid all amounts then due.
Indemnification of Independent Consultant.
15.7 The CONTRACTOR and the City Manager hereby acknowledges that if the CONSULTANT is an
independent contractor of OWNER, the CONSULTANT may be reluctant to rule on any disputes
concerning the Contract Documents or on the performance of the CONTRACTOR or OWNER
pursuant to the terms of the Contract Documents. Therefore, OWNER, at the CONSULTANT's
request, agrees to provide the CONSULTANT with a written indemnification and hold harmless
agreement to indemnify and hold the CONSULTANT harmless as to any decision in this regard before
the CONSULTANT makes an interpretation, de -certifies a payment application, decertifies Substantial
Completion, decertifres Final Completion, certifies an event of default, or approves any action which
requires the approval of the CONSULTANT.
ARTICLE 16 — MISCELLANEOUS.
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last known business address.
16.2 The Contract Documents shall remain the property of OWNER. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions, if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, shall be in
addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by
law, by special guarantee or by other provisions of the Contract Documents.
16.4 Should 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, claim shall be made in writing to the other party within twenty-one (21) calendar days of
the first observance of such injury or damage.
ARTICLE 17 - WAIVER OF JURY TRIAL.
17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE 18 - ATTORNEYS FEES JURISDICTION ! YENUE / GOVERNING LAW.
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami -Dade County, Florida.
18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between OWNER and the CONTRACTOR arising out of or relating to this
27 of 41
Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of
Florida.
ARTICLE 19 - PROJECT RECORDS.
The City Manager 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 claim for additional compensation made by CONTRACTOR, and to conduct an audit of the
financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall
retain and make available to City Manager all such books and records and accounts, financial or 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 following final completion of the Project,
CONTRACTOR shall provide City Manager access to its books and records upon five (S) business day's
19.1
written notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.1 19.0701) while providing services on behalf of OWNER and the CONTRACTOR, under such
conditions, shall incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR
and its subcontractors are specifically required to: (a) Keep and maintain public records required by the
public agency to perform the service; (b) Upon request from the public agency's custodian of public
records, provide the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost,
to the public agency all public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor shall meet
all applicable requirements for retaining public records. All records stored electronically must be provided
to the public agency, upon request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143.
19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the City Manager
shall have the right to enforce this contract provision by specific performance and the person who
violates this provision shall be liable to OWNER for its costs of enforcing this provision, including
attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate
proceedings.
ARTICLE 20 — SEVERABILITY.
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent,
be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 21 — INDEPENDENT CONTRACTOR.
28 of 41
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
ARTICLE 22 — ASSIGNMENT.
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 Manager will not unreasonably withhold and/or delay OWNER'S consent to the
assignment of the CONTRACTOR's rights. The City Manager may, in his sole and absolute discretion,
refuse to allow the CONTRACTOR to assign its duties, obligations and responsibilities. In any event, the
OWNER shall not consent to such assignment unless CONTRACTOR remains jointly and severally liable
for any breach of the Agreement by the assignee, the assignee meets all of the OWNER's requirements to
the City Manager's sole satisfaction and the assignee executes all of the Contract Documents that were
required to be executed by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge
their inclusion as part of the Contract Documents on this /Z day of •ry �'%�'- , 20 20,
ATTESTED:
Signature:
Nkehga A. Pa0e
City Clerk
Read and Approved as to Form, Language,
Legality, and Executiopihereof:
Signatu•�e:
City Attorney
CONTRACTOR: Y�ti5�ir�r�Ssv/fig ��
s
Signature:
Print Signatory's Name: ��� Ciele? y?04
lop
Title of Signatory:
OWNER: CITY OF SOUTH MIAMI
Signature:�,.
Shari Kamali
City Manager
29 of 41
Supplementary Conditions
CONSTRUCTION CONTRACT
CONSTRUCTION OF SPEED TABLE ALONG SW 6S TERRACE BETWEEN SW 65
AVENUE & SW 67 AVENUE
A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or if none, then OWNER's
designated representative as identified in the Supplementary Conditions. The CONSULTANT'S, if any,
and OWNER's Designated Representative's name, address, telephone number and facsimile number are
as follows:
Consultant:
NIA
B. Termination or Substitution of Consultant: Nothing herein shall prevent the City Manager from terminating
the services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished sets of Contract
Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a
cost to the CONTRACTOR equal to the reproduction cost.
D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP
and in the attached EXHIBIT I to the CONTRACT and if there is a conflict the attached Exhibit shall
take precedence.
E. Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and in
the document set forth in the attached EXHIBIT 2 to the CONTRACT and if there is a conflict the
attached Exhibit shall take precedence.
F. The Work shall be completed in 30 calendar days unless a shorter time is set forth in the Contract and
in such event the Contract shall take precedent notwithstanding any provision in the General Conditions
to the Contract that may be to the contrary.
G. CONTRACTOR has reviewed and checked all information and data with respect to existing Underground
Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of
all Underground Facilities and conditions that may affect the Work. It is agreed by the parties that no
additional examinations, investigations, explorations, tests, reports or similar information or data in respect
to any Underground Facilities or conditions are, or will be, required by CONTRACTOR in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents.
H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it
has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found
and notice given, the CONTRACTOR represents, by submitting its proposal to the City Manager, that the
CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such
resolution is acceptable to CONTRACTOR and that the CONTRACTOR waives any claim regarding the
conflicts, errors or discrepancies.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as part of the Contract on this /Z day of cri,y-�
CONTRACTOR: v:r7 j
ti i`�/
Signature:
Print Signatory's Name: nKalez
Title of Signatory:�d
30 of 41
ATTESTED:
Signature:
Nkenga A. Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
I f 1
Signature: x
g r—e-
,_,pity Attorney
OWNER: CITY OF OUTH rjjAml
Signature: "� �'�•4 y v7. t
Shari Karnali
City Manager
31 of 41
EXHIBIT I
SCOPE OF SERVICES
CONSTRUCTION OF SPEED TABLE ALONG SW 65 TERRACE BETWEEN SW 65
AVENUE & SW 67 AVENUE
32 of 41
REQUEST FOR COST PROPOSAL FOR CONSTRUCTION OF SPEED TABLE
ALONG SW 65TH TR BETWEEN SW 65TH AVE AND SW 67TH AVE
Request for a cost proposal to install the proposed speed table along SW 65`h Terrace between 6520/6521
per MDC plans/specs. Construction cost proposal is inclusive of all labor, material and equipment
necessary to perform the work. The scope includes but not limited to mobilization, MOT, City of South
Miami Permit, milling, asphalt, thermoplastic striping, signs and As -Built by certified surveyor.
X.
i
F•��c Loy?
33 of 41
Jp 4A:JTS 5$Cb7 • T %7'I 4Y}J
sr6:.YFtrf1 1N3!!i/rd n M7•A :lY7J
to
silh'11.d1 i7 J
J:1NY .l! i3.=t:IY .Z• afl.Z�JjQy A
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and w.L9 MS (IN`d 3AV H1S9 MS N33M138 Ul H1S9 MS JNOI`d
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EXHIBIT 2
CONSTRUCTION OF SPEED TABLE ALONG SW 65 TERRACE BETWEEN SW 6S
AVENUE & SW 67 AVENUE
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.
Firm's Insurance Generally. _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 Insurance 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 presently 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 ensure that all of its Subcontractors maintain
appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000.000 aggregate, including:
• Personal 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:
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(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(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 Coverage Insurance (Builders' Rislc)IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
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. The 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
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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:
(1) a policy provision or an endorsement with substantially similar provisions as follows.
"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
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."
€., 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 S% 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.
Indemnification Requirement
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, p
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
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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 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
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EXHIBIT 3'
CONSTRUCTION OF SPEED TABLE ALONG SW 65 TERRACE BETWEEN SW 65
AVENUE & SW 67 AVENUE
V-ENGINEERING PROPOSAL
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V ENGINEERING & CONSULTING CORP.
June 9, 2020
Mr. Aurelio Carmenates
City of South Miami.
Via: ACarmenates@southmiamifl.aov
Re: New Speed Flump
SW 65 Terrace between 65 Ave. and 67 Ave.
South Miami, FL.
Subject: Installation of one (1) new Speed Ihtmp.
Dear Mr. Carmenate:
Please consider this correspondence as our Proposal for the Labor Material and
Equipment needed for the installation of one (1) new asphalt speed hump at the
referenced location. All construction will be in accordance with the information
provided to complete the referenced work.
This Proposal is based ONLY on a Site Visit and Details provided by City of South
Miami representative. Drawings and/or Technical specifications were NOT provided.
ARTICLE 1 - BASE BID SCOPE OF WORI{
1.1 Mobilization
1.2 Milling 1.5" depth of approximately 240 SF of existing asphalt surface.
1.3 Installation of approximately 240 SF of new asphalt speed humps as per detail.
1.4 Installation of new Thermoplastic Striping and signs.
1.5 Required MOT.
1.6 As -Built by Certified Surveyor
ARTICLE 2 — INCLUSIONS
ITFjl,IS PROVIDED BY V ENGINEERING & CONSULTING, CORP.
2.1 Furnish all labor, equipment and supervision to perform the scope of work
above outlined.
2929 SW 3RO AVENUE, SUITE 340, MIAMI FL 33129 • Phone: 305.420.5950 - FELIX@VECCORP.NET
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V ENGINEERING & CONSULTING CORP.
Mr. Aurelio Cal-inenates
City Of South Miami.
June 9, 2020
Page 2
ARTICLE 3 - EXCLUSIONS
3.1 Permits costs and/or processing fees.
3.2 Any landscape work
ARTICLE 4 BASE BID QUOTATION
OUR LU1yIP SU111I PROPaSAL F'OR THE WORK:
TEN THOUSAND FOUR HUNDRED DOLLARS and NO CENTS
$10 Aoo.aa .
All work will be done in accordance with the latest requirement requirements of the City
of South Miami Public Work Department, Florida Building Code and the Florida
Department of Transportation and of other applicable regulatory agencies having
jurisdiction.
Performance Bond not included in this price.
We appreciate the opportunity to quote on this project. If we can be of further service, or
if you have any questions regarding this Proposal, please do not hesitate to contact
us at
your earliest convenience. We remain
Cordially yours,
1
Felix R. Clavelo, P.M.
V Engineering & Consulting Corp.
305-970-3206
2138 SW 23 STREET, MIAMI FL. 33145-Phone: 305.342.5568-VEC.CORP@YAHOO.COM
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