Res No 120-21-15740RESOLUTION NO.: 120-21-15740
A Resolution authorizing the City Manager to award a contract to Unitec Inc., for transportation,
assembly and installation of sculptures, including construction of pedestal foundation footers,
at Dante Fascell Park.
WHEREAS, the City of South Miami is a sister City to Medellin, Colombia; and
WHEREAS, Art in Public Places addresses important goals such as acquiring and exhibiting new public
artworks in the City of South Miami; and
WHEREAS, the Mayor and City Commission budgeted for this project in the Capital Improvement Program
5-Year Plan; and
WHEREAS, the City has received three sculptures; two from the Renovart Gallery in Medellin, Columbia
and one from the Columbian Consulate in Miami and the sculptures are designated for display within Dante Fascell
Park and; and
WHEREAS, the sculptures require engineered pedestal foundations (footers) in order for the sculptures to
be displayed appropriately and safely; and
WHEREAS, the City issued a competitive sealed solicitation, RFP No. PW2021-44, on September 14, 2021,
for the transportation and installation ofthree (3) sculptures at Dante Fascell Park and the scope included, but was
not limited to, the installation, permitting and construction of concrete footers and placement ofthe sculptures on
the footers; and
WHEREAS, the solicitation closed on September 28,2021. However, no proposals were received, and the
project has a completion deadline of mid October 2021 due to the arrival of dignitaries from Columbia for a
ceremony to witness the sculptures installed at Dante Fascell Park; and
WHEREAS, the City Attorney was consulted regarding the solicitation results, the project deadline and,
the expected time to potentially re-solicit the project which, would place the project deadline date and ceremony
in jeopardy; and
WHEREAS, consultations between the City Attorney and Procurement regarding the solicitation,
determined that the City complied with the Purchasing Policy of competitive sealed bids over $25,000 and securing
three (3) competitive quotes in his case, instead of re-soliciting, would be in accordance with the City Charter and
therefore an approved procurement action; and
WHEREAS, the Public Works Department Engineering and Construction Division solicited quotes for this
project, and received a total ofthree (3) cost proposals; and
WHEREAS, Unitec Inc ., submitted a cost proposal in the amount of $34,685.43 that was determined to be
the most responsive and most cost effective; and
WHEREAS, the Mayor and Commission desire to author:ize the City Manager at her discretion to allow
work on Saturdays; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter
into a contract with Unitec Inc., for the assembly and transporting of sculptures and construction of pedestal
Page 1 of 2
Res. No. 120-21-15740
foundation footers for sculptures at Dante Fascell Park for a total amount not to exceed $36,685.43 which includes
any change orders, not to exceed $2,000, for unforeseeable conditions; and
WHEREAS, the expense for this project of an amount up to but not to exceed $36,685.43 will be charged
to the Capital Improvement Program Fund account number 301-1790-519-6450 which has a balance of $1,275,000
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.
Section 2. The City Manager is authorized to negotiate the price, terms and conditions and to execute a
contract with Unitec Inc., for the assembly and transporting of sculptures and construction of pedestal foundation
footers for sculptures at Dante Fascell Park. A copy of the approved form of contract is attached. The total
expenditure, including any change order for unforeseen circumstances, must not exceed $36,685.43 and it will be
charged to the Capital Improvement Program Fund account number 301-1790-519-6450 which has a balance of
$1,275,000 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 will not affect the validity of the
remaining portions of this resolution.
Section 5: Effective Date: This resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 5th day of October, 2021.
ATIEST: APPROVED:
~d:m-d;;~
/MAYOR y '
COMMISSION VOTE :
Mayor Philips:
Commissioner Harris:
Commissioner Gil:
Commissioner Liebman :
Commissioner Corey:
Page 2 of 2
5-0
Yea
Yea
Yea
Yea
Yea
City Commission Agenda Item Report
Meeting Date: October 5,2021
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type : Resolution
Agenda Section:
Subject:
Agenda Item No :Ca .
A Resolution authorizing the City Manager to award a contract to Unitec Inc., for the assembly and
transportation, assembly and installation of sculptures, including construction of pedestal foundation footers, at
Dante Fascell Park. 3/5 (Commissioner Liebman)
Suggested Action:
Attachments:
Memo_for_Const_Award_DF Sculpture2.docx
Dante Fascell Art in Public Places -Schedule of Values. pdf
Scope Art in the Park.pdf
Dante Fascell Park_Sculpture Foundations 091321_SS-1.pdf
RFP Dante Fascell Art in the Park 9.14.21 CArev.pdf
Exhibit 4-6.pdf
DEMAND STAR RFP PW2021-44 9.28.21.pdf
DBR PW2021-44.pdf
Sun Biz Unitec.pdf
1
THE CITY OF PLEASANT LIVING
To:
FROM:
DATE :
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members ofthe City Commission
Shari Kamali, City Manager
October 5, 2021
A Resolution authorizing the City Manager to award a contract to Unitec Inc., for the
assembly and transporting of sculptures and construction of pedestal foundation
footers for sculptures at Dante Fascell Park.
The City has received three sculptures; two from the Renovart Gallery in Medellin,
Columbia and one from the Columbian Consulate in Miami. The sculptures are
designated for display within Dante Fascell Park. The sculptures require engineered
pedestal foundations (footers) in order for the sculptures to be displayed appropriately
and safely.
The City issued a competitive sealed solicitation, RFP No. PW2021-44, on September
14, 2021 for the transportation and installation of three (3) sculptures at Dante Fascell
Park. The scope includes, but not limited to, the installation, permitting and
construction of concrete footers and placement ofthe sculptures on the footers.
The solicitation closed on September 28, 2021; however, no proposals were received.
The solicitation was posted on the City's website, advertised in the Daily Business
Review, and posted on the Demand Star E-Bid platform. The project has a completion
deadline of mid October 2021 due to the arrival of dignitaries from Columbia for a
ceremony to witness the sculptures installed at Dante Fascell Park. The City Attorney
was consulted regarding the solicitation results, the project deadline and, the expected
time to potentially re-solicit the project which, would place the project deadline date
and ceremony in jeopardy.
Consultations between the City Attorney and Procurement regarding the solicitation,
determined the City complied with the Purchasing Policy of competitive sealed bids
over $25,000. Securing three (3) competitive quotes in his case, instead of re-soliciting,
would be in accordance with the City Charter and therefore an approved procurement
action.
Therefore, Public Works solicited quotes for this project, and received a total of three
(3) cost proposals. Below are the top three proposals received:
Contractor Bid Price
Unitec Inc $34,685.43
Maggolc, Inc. $37,487.35
UAG Construction Inc. $112,447.66
Page 1 of2
2
THE CITY OF PLEASANT LIVING
AMOUNT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
A contingency amount of $2,000 will be included over the proposal amount of
$34,685.43 to address for unknown factors that may arise during the work.
Amount not to exceed $36,685.43 which includes $2,000 for contingency.
FUND & ACCOUNT: The expenditure shall be charged $36,685.43 to the Capital Improvement Program
Fund account number 301-1790-519-6450 which has a balance of $1,275,000 prior to
this request.
ATTACHMENTS: Resolution
Quotation from the Low Bidder
Scope of Services
Design Plans, Marlin Engineering
RFP No PW2021-44
Demand Star Results
Daily Business Review
Sun Biz Registration
Page 2 of2
3
rt~
fIR,
1-1
1-2
2-1
2-2
2-3
2-4
2-5
2-8
3-1
3-2
3-3
3-4
3-5
3-8
5-3
5-5
SCHEDULE OF VALUES
Dante Fascell Art in Public Places
IT1!JI !!iT. u,('" ullrr
q~.c ~~l1 OTY C,OST
Site pn.pil'a!lon
Mobilization 1 LS $ 3,000.00
Ma intenance of Traffic 1 L S. $ 500 .00
Sub-Total
Scul~IIII1!"1'nllft\pil'rt)j 1l6"& ~Ia~n\@n"t o n r~r
Assembly & Transportation of Sculpture #1 1 EA $ 1,500.00
Placement and anchoring of Sculpture #1 1 EA $ 700.00
Transportation of Sculpture #2 1 EA $ 1,500.00
Placement and anchoring of Sculpture #2 1 EA $ 700.00
Transportation of Sculpture #3 1 E.A $ 1,500.00
Placement and anchoring of Sculpture #3 1 E.A $ 700.00
Sub-Tolai
SCUlpru .... Site Work
Excavation for Structures 6578 CY $ 14.20
Clearing and Grubbing 002 AC $ 46,453.00
Type "8" Siabilizalion (12" thick minimum LBR 40) 23.47 S.Y $ 70.71
New Concrete Fooler 1537 C.Y $ 949 .53
4-in of new top soil 79.44 S.Y_ $ 10.00
Sodding Including watering 7944 S.Y_ $ 18 .00
Sub-Total
TOTAL:
Contingency Fund (10% of sublotal amount)
As Built
TOTAL PROJECT COST:
181~
coorr
$ 3,000.00 ·
$ 5,00.00
$ 3,500.00
$ 1,500.00
$ 700 .00
$ 1,500.00 ·
$ 700.00 ·
$ 1,500.00
$ 700 .00 -
S 6 ,600.00
$ 934.18 ·
$ 929.06
$ 1,659.45 ·
$ 14 ,594.30 ·
$ 794.40
$ 1,429.92
S 20,341 .30
$ 30,441.30 -
$ 3,044 .13 ·
$ 1,200.00
$ 34,685.43 .
6
SCOPE OF SERVICES
ATTACHMENT A
DANTE FASCELL ART IN THE PARK
I. General Requ irements:
The work specified in this Request for Proposal (RFP) consists of furnishing all goods.
materials. supplies. and services necessary to provide a completed project that meets all
of the needs described in this Scope of Services and as otherwise described in this RFP
(the Work). The Work is to be performed per specifications and the contract documents.
The Work is to be performed in accordance with the specifications and the contract
documents (as defined in the Instructions for Respondents) that are provided to the
Contractor by the City as well as in accordance with those plans. drawings and
specifications that are required to be produced by the Contractor and that are approved
by the City. This includes but is not limited to keeping the project site clean and safe;
furnishing all labor of the Contractor and the labor of all allowable subcontractors;
providing dumpster(s); disposing of materials; providing all necessary engineering and
architectural plans. drawings and technical specifications; all permits; all necessary
equipment. including rental equipment. machinery, tools. transportation and freight;
coordination with any other City contractor, subcontractors and utility companies (i.e.
power. gas, water); erecting construction safety measures, including fencing, privacy
screening and cones, and ensuring that the safety measure are in place at the end of each
working day; root pruning and sod restoration at affected areas to the City's satisfaction;
cleaning the construction site at the end of each working day; maintenance of traffic and
hiring of off duty City police officer if required by the City; and any other goods and
services necessary to perform all of the Work.
Prior to any digging, Contractor must locate all underground utilities and other facilities
as well as contacting Sunshine 81 I to coordinate the process between excavators and
member utilities in Florida so that the utilities can mark the approximate location of all
their underground facilities, including power lines, telephone lines, pipes, and cables on
construction site.
In all cases. it is the responsibility of Contractor to obtain and pay for all licenses and
other permits (including tree permits). provide signed and seal footing and foundation
specifications for permitting, as well as all laboratory tests, engineering and architectural
specifications, drawings and plans that are necessary to secure any and all permits and
licenses required to complete Work. In addition. Contractor will be required to obtain.
pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived
for permits required to be issued directly by the City of South Miami. Permit fees charged
by other government entities, if required, are the responsibility of the
Respondent/Contractor; however, in all cases; it is the responsibility of
Respondent/Contractor to secure any and all permits that may be required for this
project.
All of the Work must be reflected in the Respondent's proposal and "Schedule
of Values Form," found in the Scope of Services, Exhibit I, Attachment B.
7
All work is to be completed in accordance with specifications, engineering construction
drawings, and in accordance with the terms and conditions described in Exhibit I, Scope
of Services, Attachments A, B, and C and if the project involves a City park, public
playground safety standards, rules and guidelines; , all federal, state and local requirements,
guidelines and regulations included the Florida Building Code, the City of South Miami
Land Development Code, all applicable ordinances of Miami-Dade County and the City
of South Miami and the Americans with Disabilities Act (ADA).
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday and Saturday between the hours of 9:00
a.m. through 5:00 p.m.-See Section 7-15 and 7-16 of the City's Code of
Ordinances.
IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR
AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS
SOLICITATION.
II. Site Location: See EXHIBIT I. SCOPE. OF SERVICES. ATTACHMENT C (Dante
Fascell Park 8600 SW 57th Avenue, Miami GL 33143)
I. SPECIFIC REOUIREMENTS:
a. PROJECT DESCRIPTION
The City is soliciting proposals from highly qualified firms that includes but it is not limited
to the transportation and installation of three (3) sculptures to Dante Fascell Park and
assembling one sculpture located at the yard of the Public Works Department. Note:
The dimensions and weight of each sculpture is provided in Exhibit I, Scope of Services,
Attachment C "Design Plans and Specifications." Respondents shall be responsible
for the transportation of the three (3) sculptures to Dante Fascell Park. Two (2)
sculptures are located at the City of South Miami Public Works Division 4795 SW 75th
Avenue, Miami, FL 33155. One (I) sculpture is located at the Columbian Consulate in
Miami 280 Aragon Avenue, Coral Gables, GL 33134.
The installation will require the permitting and construction of the three (3) sculpture
concrete footers and placement of the sculpture on the footers. The grade around the
concrete footers will need to be adjusted to allow for proper slope around the concrete
footer.
b. DESIGN PLANS & SPECIFICATIONS:
Please refer to Exhibit I, Scope of Services, Attachment C
c. PRICING -LUMP SUM PRICING:
Proposal pricing must be submitted in a "Lump Sum" by completing Exhibit 3
"Respondents Bid Form" and must include all cost associated with completing this
project as outlined in the scope of services and associated design construction plans. It is
the City's intention to award this project to a single Contractor. The lump sum price
must be in accordance with Respondent's schedule of values. See Exhibit I, Scope of
Services, Attachment A.
8
RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES
LISTED IN THE SOLICITATION, IF ANY.
THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE
RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED.
d. SCHEDULE OF VALUES:
RESPONDENTS ARE TO COMPLETE THE SCHE.DULE. OF VALUE.S FORM.
SE.E. E.XHIBIT I. ATTACHME.NT B.
WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE
OF VALUES FORM," THE RESPONDENT MUST CARRY THE TREE
MITIGATION ALLOTMENT, IF ANY, AS WELL AS ANY CONTINGENCY
IN THEIR TOTAL BASE BID.
III. Construction Notes:
Values utilized for the purpose of this RFP are approximate. Contractor is responsible to
field verify the areas, and quantities as per the limits defined by the site plan.
IV. Project Duration:
The project duration and completion for this project is 15 calendar days from issuance
of a Notice to Proceed/Purchase Order/Email Notification from the City's Project
Manager.
V. Warranty:
Respondent/Contractor must include the following with their proposal:
Applicable warranty and/or guarantees of all material and labor, including:
• any conditions; and
• guaranteed response time for repair; and
• guaranteed replacement during the warranty period; and
• life expectancy of LED lighting under normal use; and
• Failures during the warranty period must be repaired or replaced to the
satisfaction of the City; and
• the term of the warranty.
At a minimum, Respondent/Contractor must warrant their Work in accordance with the
warranty requirements found in the General Conditions to the Contract. See Exhibit 5 .
VI. Bonds:
A PERFORMANCE AND PAYMENT BOND ARE NOT REQUIRED FOR
THIS PROJECT.
9
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PROJECT LOCATION
MIAMI-DADE COUNTY.J .......
INDEX OF PLAN SHEETS
SHEET NO.
G-1
S-1
S-2
S-3
S-4
SHEET DESCRIPTION
KEY SHEET
GENERAL NOTES
LOCA TION OF FOUNDATIONS
SCULPTURE (A) FOUNDATION
SCULPTURE (B) FOUNDATION
SCULPTURE (C) FOUNDATION
DESIGN TEAM
STRUCTURAL ENGINEER
Marlin Engineering. Inc
6840 Northwest 77th Court
Miami. FL 33166
Phone: (954) 870-5070
Fax: (954) 800-6045
www.morlinengineering.com
OWNER :
City of South Miami
6130 Sunset Dri ve
South Miomi. FL 33143
Phone: (305) 663-6338
GOVERNING DESIGN STANDARDS:
Florida Building Code. 2020
GOVERNING STANDARD SPECIFICATIONS:
C ITY O F SO UTH MI A M I
DANTE FASCELL PARK
SCULPTURE FOUNDATIONS
ELECTED OFFICIALS
, Florida Department of Transportation. 2D21 Standard 5011 Y Ph il ips. Mo yor 1 Specifications for Road and Bridge Construction at the L' G'I C ..
PROJECT LOCATION
THIS ITEM HAS BEEN DIGITALLY SIGNED
AND SEALED BY:
",hIIlIllUlti """~tRVO ell"'" ,," •• c; .............. ~ '-,-Erl'ck $ ~~ .. ·\.\crHs<···.i"41 ~ .:-~., '.~~ f ';'/ No . 82455 ..... :~k uervo ::: • : = ~-o\ STATE OF /~fGuilarte ~19o.·· ~ ~ ".Ji;$ ~ ~···.::.l OR\t).;.···~,,'
'-" (l's " ....... t~~ "~I'
""" SIONA \. """
/1/1 "11 111 ""\
ON THE DATE ADJACENT TO THE SEAL
PRINTED COPIES OF THIS DOCUMENTS
ARE NOT CONSIDERED SIGNED AND
SEALED AND THE SIGNATURE MUST BE
VERIFIED ON ANY ELECTRONIC COPIES.
PLANS ENGINEER OF RECORD:
MARLIN
ENGINEERING
ERICK CUERVO I P.E. No.: 82455
6840 Northwest 77th Court I
Miami. FL 33166
P: 954.870 .5070 I C.A. No . 6104
CONSTRUCTION
CONTRACT No Josh Liebman. Commissioner
Walter Harris. Commissioner https: / /www. fdot.gov/programmanagement/lmplemented/Specbooks / Brian Carey. Commissioner N IA
Digitally signed
by Erick Cuervo
Guilarte
Date: 2021 .09.13
16:22:24 ·04'00 '
FISCAL
YEAR
2t
SHEET
NO .
I following website: UIS I. ommlssloner
u L-____________________________________________________________________________________________________________________________ ~ ________ ~ ____ ~ ____ ~
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GENERAL NOTES: CONCRETE: ... ,'" ... """"", "".L tI -'--
DESIGN SPECIFICATIONS:
FOUNDATION DESIGNED IN ACCORDANCE WITH FLORIDA BUILDING CODE 2020, ACI 31B-14 BUILDING
CODE FOR STRUCTURAL CONCRETE.
WIND DESIGN IN ACCORDANCE WITH ASCE 7-15:
MEAN HEIGHT = 15.0 FT,
ULTIMATE DESIGN WIND SPEED VULT = 155 MPH,
NOMINAL DESIGN WIND SPEED VASD = 125 MPH.
RISK CATEGORY I
EXPOSURE C
WIND DIRECTIONALITY FACTOR Kd = 0.B5
TOPOGRAPHY FACTOR Kzt = 1.0
GUST EFFECT FACTOR G = 0.B5
qh 50.4 PSF SCULPTURE (A)
qh 50.4 PSF SCULPTURE (B)
qh 50.4 PSF SCULPTURE (C)
GEOTECHNICAL DESIGN DATA:
SOIL DESIGN VALUE ARE ASSUMED.
ALLOWABLE VERTICAL FOUNDATION PRESSURE = 2000 PSF
ALLOWABLE LATERAL BEARING PRESSURE = 150 PSF /FT
MATERIAL SPECIFICATIONS:
CONCRETE SHALL HAVE A MINIMUM 2B-DAY COMPRESSIVE STRENGTH OF 3,000 PSI
COORDINATE CONCRETE COLOR AND FINISH WITH CITY OF SOUTH MIAMI
ALL REINFORCEMENT SHALL BE ASTM A515, GRADE 50
SUBGRADE AND BACKFILL MATERIAL SHALL CONFORM TO THE STANDARD SPECIFICATIONS
LOCATION OF SCULPTURES:
ALL ELEVATION ARE BASED ON A ASSUMED DATUM
LOCATION OF SCULPTURES DEPICTED ON EXISTING BOUNDARY SURVEY ARE ILLUSTRATIVE ONLY.
PRIOR TO INSTALLATION, COORDINATE EXACT LOCATION OF EACH SCULPTURE WITH THE CITY OF
SOUTH MIAMI.
CONTRACTOR SHALL COORDINATE SCULPTURE PICK-UP POINTS WITH THE CITY/ARTIST FOR LIFTING
AND/OR INSTALLATION OF SCULPTURES.
LOCATIONS OF ANCHORAGES AND METHODS OF INSTALLING SCULPTURES FOUNDATIONS ANCHORS
SHALL COMPLY WITH THE PLANS.
PROVIDE '% INCH CHAMFERS ON ALL EXPOSED EDGES AND CORNERS EXCEPT AS NOTED
OTHERWISE.
CONSTRUCTION JOINTS WILL BE PERMITTED ONLY AT LOCATIONS INDICATED ON PLANS. ADDITIONAL
CONSTRUCTION JOINTS OR ALTERATIONS TO THOSE SHOWN WILL REQUIRE APPROVAL BY ENGINEER .
MINIMUM CONCRETE COVER
CONCRETE EXPOSURE MEMBER REINFORCEMENT SPECIFIED
COVER, IN.
CAST AGAINST AND
PERMANENTL Y IN ALL ALL 3"
CONTACT WITH GROUND
No . 5 THROUGH I 2"
EXPOSED TO WEATHER No. 1B BARS
OR IN CONTACT WITH ALL No. 5 BAR, W31 GROUND OR D 31 WIRE 1-1/2"
AND SMALLER
SLABS, JOIST
No. 14 AND No. 1B I
BARS 1-1/2"
AND WALLS No. 11 BARS AND 3/4" NOT EXPOSED TO SMALLER
WEATHER OR IN PRIMARY CONTACT WITH GROUND BEAMS, REINFORCEMENT, COLUMNS, STRIRRUPS, TIES, 1-1/2" PEDESTAL, AND SPIRALS, AND TENSION TIES HOOPS
REINFORCEMENT:
ALL DIMENSIONS PERTAINING TO THE LOCATIONS OF REINFORCEMENT ARE TO THE CENTERLINE OF
BARS EXCEPT WERE THE CLEAR DIMENSIONS IS SHOW TO THE FACE OF CONCRETE.
REINFORCEMENT DIMENSIONS ARE OUT -TO-OUT OF BARS.
BACK f i LL AND SUB GRADE :
PLACEMENT OF BACKFILL AND SUBGRADE SHALL COMPLY WITH THE STANDARD SPECIFICATIONS.
MATERIAL REMOVED FOR THE PLACEMENT OF BACKFILL AND SUBGRADE SHALL BE DISPOSED OF
OFF SITE.
EARTHWORK:
-THE CONTRACTOR IS SOLELY RESPONSIBLE FOR ALL EXCAVATION PROCEDURES INCLUDING
LAGGING, SHORING AND PROTECTION OF ADJACENT PROPERTY, STRUCTURES, STREETS AND
UTILITIES IN ACCORDANCE WITH THE REQUIREMENTS OF THE LOCAL BUILDING DEPARTMENT AND
OSHA REGULATIONS. DO NOT EXCAVATE WITHIN ONE FOOT OF THE ANGLE OF REPOSE OF ANY SOIL
BEARING FOUNDATION UNLESS THE FOUNDATION IS PROPERLY PROTECTED AGAINST SETTLEMENT. J I ~~:f~====~~:====r~:E~==Y='='~O:':$~====~~~~==~~~~~~~ __ ~~M~A~R~L~IN~:: __ ~~~~~~~~~~~.~'~Ji:~:Q~N:~::~:~~~:~~.:n~~:~.~~I _____ ~GE~N~ER~A~L~N~0:TE~S~_J~G~'~1 .... , , 0 , , , , " , , 0 SCULPTURE FOIJNO"ONS • T DANTE FASCEll PARK I j I I I I I I I I I ~.~~E..::!~'. ~
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17" MIN . EMBEDMENT, SEE NOTE
THIS SHEET
(1 B)#6 LONGITUDINAL BARS
#3 STIRRUPS @ 10"
CONCRETE FOUNDATION
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'I "=T~ (B)#5 TOP IBOTTOM
1'-0" L "-1" 3'-4"
7'-6"
SECTION 8-8
SCALE: 1 12"~ l' -0"
BARS. B" O.C
COMPACTED SUBGRADE
7'-6 "
3"
1'-0" 2'-7 1/2" ,r:-2'-7 1/2" "-0"
SECTION A-A
SCALE: 1/2"~l'-D"
NOTES:
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sn..Jtftllf IQM.ATICH t!CSIOIII ... l CIMlt I'~"NII(
.rtNtllO, nJTaOCO ViDl'...L. a...L
(lB)#6 LONGITUDINAL BARS &
#3 STIRRUPS @ 10" O,C,
(3) %"¢ ADHESIVE ANCHOR, WI
17" MIN. EMBEDMENT, SEE NOTE
2 THIS SHEET
LIMITED OF COMPACTED
SUBGRADE
(8)#5 TOP/BOTTOM
BARS, 8" O.C
1. SCULPTURE IS ILLUSTRA TIVE ONLY AND SHALL BE PROVIDED BY ARTIST .
2. %" ¢ X 17" LONG ADHESIVE ANCHORS SHALL COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APL) FOR TYPE HV .
3. SCULPTURE WEIGHT ~ 200 LB ±
4. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND
REPORT ANY DISCREPANCY TO OUR OFFICE.
5 . FOR GENERAL NOTES SEE G-l
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1 • v ,,-s_ "'''''' ~~,,~,I;;~~ alY OF SOUTH .IA." FLORIDA SCULPTURE (C) ! 1III&O~~I~t~:~"me SCULPTURE FOUNDATIONS AT DAHlE FASCEll PARK FOUNDATION
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Sout~iami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
SUBMITTAL DUE DATE: September 28,2021 at 10 AM
Solicitation Cover Letter
The City of South Miami , Florida (hereinafter referred to as "Owner") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for
Proposal", "RFP" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for Proposals"
or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for the City
of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to
mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFP #PW2021-44, DANTE FASCELL ART
IN THE PARK. The purpose of this Solicitation is to contract for the services necessary for the completion of the
project in accordance with the Scope of Services, (EXHIBIT I, Attachments A, B & C) and the plans and/or
specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address
for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete
Solicitation Package, including all documents listed in the Solicitation.
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https:llnetwork.demandstar.com/ See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Co'ver Letter.
Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the
"Closing Date") on September 28, 2021 and any Proposal received by the City through DemandStar after
10 :00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be
accepted.
E-BID OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, September
28, 2021. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform.
Members of the public may view the meeting via Zoom at https:llzoom .us{j/3056636339 ,or listen to the meeting on
a dedicated phone line by dialing + 1-786-635-1 003 Meeting ID : 3056636339 .
The City reserves the right to award the Project to the person with the lowest, most responsive and responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct
subdivisions, to award each subdivision to a separate Respondent.
Nkenga A. Payne , CMC
City Clerk, City of South Miami
1 of 89 16
DemandStar Registration and User Account Sign-in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to https:llnetwork.demandstar.com/ which on April 3, 2020 brings up the
following message.
COVID-19 (Coronavirus) Emergency Response From DemandStar
DemandStar is committed to helping all government agencies source qualified
suppliers for COVID-19 emergency response.
Governments
If you are a government agency who needs Ebidding
capability to receive supplier responses online, please
fill out this form and we will get back to you
immediately. Ebidding is offered at no charge to
governments.
Broadcast Bids on DemandStar
Suppliers
If you are a business who can help respond to the
many emergency response bids on the DemandStar
network, please click here to create your account and
get notified of bidding opportunities.
create Your Account
~:~ DEMANDSTAR
If you do not have an account with DemandStar, click on "Create Your
Account" otherwise, if you have an account, click on the "x" in the upper right-hand
corner of this message and it will bring you to the following user sign in page.
~:~ DEMANDSTAR
2 of 89 17
SCOPE OF SERVICES and SCHEDULE OF VALUES
DANTE FAsCELL ART IN THE PARK
RFP #PW2021-44
The Scope of Services and the Schedule of Values , if any, are set forth in the attached EXHIBIT I,
ATTACHMENTS A, B, & C.
3 of 89 18
No
I
2
3
4
5
6
7
SCHEDULE OF EVENTS
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
TENTATIVE SCHEDULE
Event Date*
Advertisement! Distribution of Solicitation & Cone of
Silence begins 9/14/2021
NONE
Pre-RFP Meeting: NONE SCHEDULED SCHEDULED
Deadline to Submit Questions 9/21/2021
Deadline to City Responses to Questions 9124/2021
DEADLINE TO SUBMIT RFP RESPONSE:
The City will only receive submittals electronically through
the DemandStar Electronic Bid System (E-Bidding). To
register as a business , go to
httos://network.demandstar.com/ 9/28/2021
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https:llzoom .us/j/3056636339 ,or listen to the meeting on a
dedicated phone line by dialing + 1-786-635-1 003 Meeting
ID: 3056636339. 9/28/2021
Projected Announcement of selected Contractor/Cone of
Silence ends 10/5/2021
END OF SECTION
4 of 89
Time*
(EST)
3:00 PM
10:00 AM
10:00 AM
10:00 AM
10:30AM
7:00 PM
19
INSTRUCTIONS for RESPONDENT
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT".
I. Purpose of Solicitation . The City of South Miami is requesting a response with the lowest and most responsive
and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the
Respondent whose proposal is found to be in the best interests of the City.
2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami.
The City reserves the right, before recommending any award, to inspect the offices and organization or to take
any other action necessary to determine ability to perform in accordance with the specifications, terms and
conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or
investigation and evaluation , indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of
South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in
person, and must be knowledgeable of the terms of the contract.
5. Precedence of Conditions. The proposing firm , by virtue of submitting a response, agrees that City's General
Provisions. Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response. either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract, if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened , corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm's Proposal ; and
d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith .
7. The terms , provisions , conditions and definitions contained in the Solicitation Cover Letter will apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter will govern and take precedence over the conflicting provision(s) in the Solicitation.
5 of 89 20
B. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by
10:00 AM September 21, 2021 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulick@southmiamifl.gov or via facsimile at (305) 669-2636.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to such
questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep
apprised of the publishing of addenda on the City's website.
10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or
the need for additional information will exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in
accordance with Section BA-7, of the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional
staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence
ordinance, Section BA-7, has been duplicated at the end of these instructions.
12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and , in such event,
said Respondent or proposer will not be considered for any Solicitation including but not limited to one that
requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for
the provision of goods or services for a period of one year . Contact will only be made through regularly
scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the
purposes of obtaining additional or clarifying information.
13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities
such as a corporation, partnership or limited liability company, employed or retained by a principal (including an
officer of the principal or an employee of the principal whose duties include marketing, or soliciting business,
for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution,
action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or
any City board or committee; or (3) any action , decision or recommendation of City personnel during the time
period of the entire decision-making process on such action, decision or recommendation which foreseeably
will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents
who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of
South Miami are to be lobbied either individually or collectively concerning this Solicitation . Contact may only
be made through regularly scheduled Commission meetings , or meetings scheduled through the Purchasing
Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided
for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying;
however, the presentation team may avoid formal registration by complying with section BA-S (c) (9), of the
City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to
comply with presentations, if applicable . Anyone who submits a proposal, whether solicited or unsolicited, on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. See section BA-S of the City's Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist.
14. Reservation of Right . The City anticipates awarding one contract for services as a result of this Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City,
however, reserves the right, in its sole discretion, to do any of the following:
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable .
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
6 of 89 21
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation . It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the most responsive, responsible Proposal , as determined
by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed
or retained a company or person, other than a bona fide employee. contractor or sub-contractor/sub-
consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed
to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-
contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in s . 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue
ink. All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The
proposal must be delivered on or before the date and time. and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal,
the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/E-bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent
f) Certificate of Insurance and/or Letter of Insurability.
18 . Goods: If goods are to be provided pursuant to this Solicitation the following applies:
a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification, samples and/or specifications
for such item(s). The City will be the sole judge concerning the merits of items proposed as equals .
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form . In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will
be adjusted to coincide. Respondents are responsible for checking their calculations . Failure to do so
will be at the Respondent's risk, and errors will not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the
City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand
name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates
a different time. If samples are requested after the Proposal opening, they must be delivered within
ten (10) calendar days of the request. The City will not be responsible for the return of samples.
7 of 89 22
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on this
Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation which required an alteration. The City of
South Miami reserves the right to accept any such alteration, including any price adjustments occasioned
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal will be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation will be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.SD.S) when
applicable.
19 . Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation , and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The
Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a
certified copy of all licenses , Certificates of Competency or other licensing requirement necessary to practice
their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building
Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the
City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these
documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for
this Project.
20 . Respondent must comply with the City's Insurance Requirements as set forth in the attached E.xHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the
City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract
without further City action . The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless
and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
21 . Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor
will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from
any and all liability, loss or expense occasioned by any such violation or infringement.
22 . Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation , grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition , the price,
responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment,
materials, references, and past history of service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
Contract.
24 . Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended,
when requested will be cause for rejection of the Proposal as determined by the City.
25 . Hold Harmless: A Respondent who submits a proposal in responds to this solicitation does so with the
understanding and agreement to indemnify and hold harmless , the fullest extent permitted by law, the City of
8 of 89 23
South Miami and its officers and employees from liabilities , damages, losses and costs, includ ing , but not limited
to reasonable attorney's fees, to the extent caused by the negligence , recklessness, willfulness, wantonness or
intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the
performance of its contractual obligations to the City. This indemnification will survive the termination of the
Respondent's contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it
constitute a right, to sue the City in reference to its decisions to reject, award , or not award a contract, as
applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal
will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be
released until and unless the Respondent waives any and all claims that the Respondent may have against the
City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any
suit filed which concerns this solicitation process. If a judgment is entered in favor of the C ity in any litigation
for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for
this project, will be applied to the payment of those amounts awarded by the court and any balance due the
City will be paid by the Respondent.
26 . Cancellation : Failure on the part of the Respondent to comply with the conditions, specifications, requirements,
and terms as determined by the City, will be just cause for cancellation of the Award or termination of the
contract.
27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond , if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security.
28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including
Alternates if any , naming the City of South Miami , and the entity that may be providing a source of funding for
the Work, as the obligee , as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if
the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that
the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond . The
bonds must be with a surety company authorized to do business in the State of Florida.
28.1 . Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
28.2. Each Performance Bond must 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.
28.3 . Each Payment bond must guarantee the full payment of all suppliers, material man , laborers, or
sub-contractor/sub-consultant employed pursuant to this Project.
28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance
companies as set forth in the insurance requirements of this solicitation .
28.5. Pursuant to the requirements of Section 255 .05, Florida Statutes, Respondent must ensure that
the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide
CITY with evidence of such recording.
28.6. The surety company must 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.
29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required
insurance documentation as well as a Performance and Payment Bond if these bonds are required . The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required
Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated
damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond , that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documents . Proposal/Bid Bond/Security deposited in the form of a cashier's
check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond .
30. Pre -proposal Conference Site Visits : If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be
grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.
9 of 89 24
No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation
result of failure to make the necessary examinations or investigations, or failure to complete any part of the
Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of
South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the
property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
entitled to any change order due to any such condition. If the survey is provided before the proposal is
submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated
by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a
request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs
required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ,
the negotiated price, and award the contract to, or begin negotiations with, the second most responsive,
responsible E-bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to
reject all E-bids.
31 . Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the
provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders will be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
32 . Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include
a fully completed Respondent's E-Bid Form, if any, and a Respondent's Cost and Technical Proposal if it is
included with this Solicitation Package .
33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City.
34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability , or familial status.
35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their E-bid considered, including all financial obligations . Prior to the acceptance of any E-
bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding
fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's
principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). An E-bid,
proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the
city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid
considered until the default is cured to the satisfaction of the City Manager.
36 . E-bid Protest Procedure. See attached EXHIBIT 7.
37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as N/A.
38 . Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any
federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations
allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in
agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and reSUlting
E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own
purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its
own exemption certificates as required by the successful E-bidder(s)/proposer(s).
39 . Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this
solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will
have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages", benefits, insurance coverage and any other material cost
factors . If respondent's prices decline, or should respondent, at any time during the term of a contract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must
immediately extend the same prices to City.
10 of 89 25
41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and
confidential information, the Respondent must provide a redacted copy of the document and an unredacted
copy. In addition , the Respondent must prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the Respondent
must cite the statutory provision that provides the basis for the Respondent's claim that the document or a
portion of the document is confidential and below the citation the Respondent must copy and paste the
applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or
"properly listed" confidential document). The failure to properly list a confidential document or the failure to
redact a confidential document that is only partially confidential will result in the waiver of any claim that the
document is confidential or that the un redacted document contains confidential information. If any person or
entity requests that the City produce or disclose any of said purported confidential information or documents,
the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from production. If Respondent fails to timely authorize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining
a protective order, the City will produce the requested information or document. The City will not actively
contest any request to disclose such alleged confidential information or document and the City cannot guarantee
that the alleged confidential document or information may not be disclosed should it ultimately be determined
not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City
for any damages and costs the City may incur due to the Respondent's claim that its document or information
is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum.
42. Definitions. The following definitions will govern the interpretation of this RFP:
"Certify", including all of its tenses , such as "certifies", "certifying" and "certified", means the act of swearing
or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must
be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a
declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92.525.
43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed
Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset
Drive, South Miami , Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or
container and must have the following Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered: "Best and Final Offers". On the second line of the
envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name
of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the
contract.
44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal,
the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager. will
tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved . The meeting facilitator will direct the Selection Committee
to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear
winner for the award recommendation has been determined. If the tie is not broken after three attempts to
break the tie, all responses will be rejected, and the item will be re-advertised.
45. Rescind the Award . The City reserves the right to rescind the award recommendation , even after the award
recommendation has been conditionally approved by the City Commission but before execution of the Contract
by the City Manager and, by responding to this RFP , Respondent agrees to waive any contractual rights or
equitable claims that Respondent may have accrued following the initial award recommendation by the City
Manager under these conditions.
46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or
services or cancel the 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 the City Manager.
11 of 89 26
47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused
by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not
have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include,
but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or
other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties
will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible.
48. Proprietary Rights
48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and
to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder
or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if
unfinished or in process, as a result of the Services the Respondent performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its
employees, agents, subcontractors and suppliers may use only in connection of the performance of Services
under this Agreement. The Respondent shall not, without the prior written consent of the City, use such
documentation on any other project in which the Respondent or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Respondent to meet official
regulatory requirements or for other purposes in connection with the performance of Services under this
Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary
rights .
48.2AII rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and
other documentation related thereto developed by the Respondent and its subcontractors specifically for the
City, hereinafter referred to as "Developed Works" shall become the property of the City.
48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors or suppliers shall have any
proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or
distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof,
without the prior written consent of the City, except as required for the Respondent's performance
hereunder.
48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and
its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if
any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the
Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its
subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and
license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such licensed
Software and the associated specifications, technical data and other Documentation for the operations of the
City or entities controlling, controlled by, under common control with, or affiliated with the City, or
organizations which may hereafter be formed by or become affiliated with the City. Such license specifically
includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder, to any person or entity
outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided
hereunder exclusively for the City or entities controlling, controlled by, under common control with, or
affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City.
No such License Software, specifications, data, documentation or related information shall be deemed to have
been given in confidence and any statement or legend to the contrary shall be void and of no effect.
12 of 89 27
CONE OF SILENCE ORDINANCE, SECTION 8A-7
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-? which is to read as follows:
Sec. 8A-7. Cone of Silence:
(A) Definitions.
(I) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("RFpl
), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the
"Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder;
(hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) "City's professional staff" means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation. At the time of imposition of the
cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However, if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation.
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(I) Communications at a duly noticed pre-bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113;
13 of 89 28
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
(4) Written communication at any time with any City professional staff (not including
selection, evaluation or negotiation committee members), unless specifically prohibited by the
applicable competitive solicitation documents. This section shall not be construed to prevent
written communication between City professional staff and any City selection, evaluation or
negotiation committee. A copy of any written communication made during the cone of
silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or
Bidder's Representative. The City Clerk shall make copies available to any person upon
request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being responsible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(10) Communications prior to bid opening between City's professional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member of the City's professional
staff including, but not limited to the City Manager and his or her staff, are in writing or are
made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their representative,
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any other penalty provided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
14 of 89 29
PROPOSAL SUBMITTAL CHECKLIST FORM
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation . The response must include the following items:
Attachments and Other Documents described below Check
to be Completed
IF MARKED WITH AN "X": Completed.
The City will only receive submittals online and electronically through the
Demand Star Electronic Bid System (E-Bidding). To register as a business,
go to https:ffnetwork.demandstar.com/ The City, at its discretion, may
request hard copies of proposals received from a specific Respondent or all
X Respondents.
X Indemnification and Insurance Documents E.XHIBIT 2
X Respondents Bid Form. E.XHIBIT 3
Signed Contract Documents (All -including General Conditions and
X Supplementary Conditions if attached) E.XHIBIT 4, 5, & 6
X Respondents Qualification Statement
List of Proposed Subcontractors and Subconsultants and Principal
X Suppliers
X Non-Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X Drug Free Workplace
X Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings
X Related Party Transaction Verification Form
X Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT
END OF SECTION
15 of 89 30
RESPONDENT QUALIFICATION STATEMENT
DANTE FASCELL ART IN THE PARK
RFP #PW2021·44
The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last five (5) completed similar projects.
a) Project Name :
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price
c) Project Name:
16 of 89 31
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price :
d) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
e) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
17 of 89 32
3. Current workload
Project Name Owner Name Telephone Number Contract Price
4. The following information must be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
5. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References:
List other Government Agencies or Quasi-Government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
18 of 89 33
Name of Agency:
Address:
Telephone No.:
Contact Person :
Type of Project:
Name of Agency:
Address :
Telephone No.:
Contact Person :
Type of Project:
19 of 89 34
LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND
PRINCIPAL SUPPLIERS
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
Respondent must list all proposed subcontractors and subconsultant, if subcontractors and
subconsultants are allowed by the terms of this Solicitation to be used on this project if they are
awarded the Contract.
Classification of SubcontractorlSubconsultant Address Telephone, Fax &
Work Name Email
Other:
This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFP .
END OF SECTION
20 of 89 35
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
NON-COLLUSION AFFIDAVIT
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
_____________________ being first duly sworn. deposes and states that:
(I) He/She/They is/are the ________________________ _
(Owner. Partner. Officer. Representative or Agent) of
the Respondent that has submitted the
attached Proposal;
(2) He/SheIThey is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers. partners. owners. agents. representatives.
employees or parties in interest. including this affiant. have in any way colluded. conspired. connived or
agreed . directly or indirectly. with any other Respondent. firm. or person to submit a collusive or sham
Proposal in connection with the Work for which the attached Proposal has been submitted; or to
refrain from Bidding or proposing in connection with such Work; or have in any manner. directly or
indirectly. sought by agreement or collusion. or communication. or conference with any Respondent.
firm. or person to fix any overhead. profit. or cost elements of the Proposal or of any other
Respondent. or to fix any overhead. profit. or cost elements of the Proposal Price or the Proposal
Price of any other Respondent. or to secure through any collusion. conspiracy. connivance. or unlawful
agreement any advantage against (Recipient). or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion. conspiracy. connivance. or unlawful agreement on the part of the Respondent or any other
of its agents. representatives. owners. employees or parties of interest. including this affiant.
Signed. sealed and delivered in the presence of:
By : _____________ _
Witness Signature
Witness Print Name and Title
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of . 20 ___ . before me. the undersigned Notary Public of the State
of Florida. personally appeared (Name(s) of individual(s) who appeared before notary)
_____ --:-:--:-:---:-:--_--:-_--:---:-___ --:---:-:--__ and whose name( s) is/are Subscribed to the within
instrument, and he/shelthey acknowledge that he/shelthey executed it.
21 of 89 36
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE:
(Name of Notary Public: Print, Stamp or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
22 of 89 37
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State
Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
[print name of the public entity]
by ______________________________________________________________ __
[print individual's name and title]
for ________________________________________________________________________ ___
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
-------------------------------------.. )
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Flo ri da Starutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States , including, but not limited to , any bid , proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud , theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4 . I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate " includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, will be a prima facie case that one person controls
23 of 89 38
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months will be considered an
affiliate .
5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies .]
___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989 .
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I,
1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1989 . However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY. AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED . I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287 .017. FL ORIDA STATUTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this _____ day of ______________ " 20 __ .
Personally known ___________ _
OR Produced identification ________ _
(Type of identification)
Form PUR 7068 (Rev.06/11/92)
24 of 89
Notary Public -State of _______ _
My commission expires _______ _
(Printed, typed or stamped commissioned
name of notary public)
39
DRUG FREE WORKPLACE
DANTE FASCELLART IN THE PARK
RFP #PW2021-44
Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or contractual services,
a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace
program will be given preference in the award process. Established procedures for processing tie responses to
solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a
drug-free workplace program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in paragraph (I) above.
4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to
their working for the employer with regard to the matters that are the subject of the response
to the solicitation including those involving the procurement of commodities or contractual
services that are under Bid, the employee must abide by the terms of the statement and must
notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements.
RESPONDENT's Signature : ________________ _
Print Name:
Date: ______________________________________________ __
25 of 89 40
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
TO THE CITY OF SOUTH MIAMI
We, , (Name of RESPONDENT), hereby acknowledge and agree that as
CONTRACTOR for the DANTE FASCELL ART IN THE PARK RFP #PW2021-44 as specified have
the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act
of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of
South Miami and Marlin Engineering (Consulting Engineer if any) against any and all liability, claims, damages,
losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation which
are equal with respect to price, quality and service are received by the State or by any political subdivisions for the
procurement of commodities or contractual services, a response to the solicitation received from a business that
certifies that it has implemented a drug-free workplace program will be given preference in the award process.
Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors
have a drug-free workplace program. In order to have a drug-free workplace program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
E-bid a copy of the statement specified in Section (I).
4) In the statement specified in Section (I), notify the employees, that, as a condition to their
working for the employer with regard to the matters that are the subject of the response to the
solicitation including those involving the procurement of commodities or contractual services
that are under E-bid, the employee must abide by the terms of the statement and must notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 or of any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (5) days after such conviction .
5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section .
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are
listed below, are in full compliance with the above requirements:
CONTRACTOR
Witness
BY: __________________________ ___
Name
Title
26 of 89 41
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
The person, or entity, who is responding to the City's solicitation , hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED , DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS ". If the Respondent's name appears on one or all the "Listings " summarized below, Respondents must
"Check if Applies" next to the applicable "Listing." The "Listings " can be accessed through the following link to
the Florida Department of Management Services website:
http://www.dms.myflorida .com/business operations/state Qurchasin&/vendor information/convicted suspended d i
scriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, that the following facts
are true and correct:
( I) I represent the Respondent whose name is _____________ ~-
(2) I have the follow ing relationship with the Respondent (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/busi ness_operations/state _purchasing/vendor _informatio nl convicted _ su spended _ di
scriminatory _ complaints_vendor Jists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit. Check the following categories if Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above
requirements. By: _____________ _
(Signature of Declarant)
(Prim name of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
On this the __ day of _______ " 20 ___ , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
following identification and who took an oath or affirmed that that he/shefthey executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL
27 of 89
Notary Public , State of Florida
(Name of Notary Public : Print,
Stamp or type as commissioned.)
42
RELATED PARTY TRANSACTION VERIFICATION FORM
DANTE FASCELL ART IN THE PARK
RFP #PW2021·44
__ -,,---,_-,,---, ________ ----=------" individually and on behalf of_---:-: ___________ ~.
("Firm ") have Name of Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics,
Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of
my knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or
business that I, and/or the Firm, am (are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm , nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is (are)
an appointed or elected official of the City, or who is (are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (Le., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm .]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names: ________________________ _
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
28 of 89 43
before any board, commission or agency of the City within the past two years other than as
follows: (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\Purchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
--:: ____ -:--___ ---:-_____________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
must be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents,
children; brothers and sisters) have also responded, other than the following:
_-----___________________________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers. directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family .]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm .
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics .
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting
hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is
in full compliance with the above requirements.
Signature: _____________ _
Print Name & Title: _______________ _
Date: _____________________ _
29 of 89 44
Sec. SA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below. and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction .
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership. directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the City.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved .
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal :
(I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2).
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture. professional engineering, or registered land surveying, as defined by the laws of the state and
30 of 89 45
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative . This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable . The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)(l) who has any ofthe specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(I) Definition . The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)( I); or
d. Attendance or absence from a public meeting at which official action is to be taken.
31 of 89 46
(4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm , partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
ga in or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in pa ragraphs (b)( I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a . Generally prohibited. No full-time city employee shall accept outside employment, either incidental , occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval r equired in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full -time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of Violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public . The city
manager may require monthly repor ts from individual employees or groups of employees for good cause.
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member ofthe immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
32 of 89 47
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly. for services rendered to a third person. who
has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2). (3) and (4) shall appear before the city
commission or agency on which the person serves. either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter. license. contract. certificate. ruling. decision.
opinion. rate schedule. franchise. or other benefit sought by the third person. Nor shall such person receive any
compensation or gift. directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include. but not be limited to. any direct or
indirect interest in any investment, equity. or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a
project. business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official. officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm. architect or architectural firm. public relations firm. or any other person or firm. professional
or otherwise. to assist in any transaction involving the city or any of its agencies . provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials. officers or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall. for a period of two years after
his or her city service or employment has ceased. lobby any city official [as defined in paragraphs
(b)( I) through (6)] in connection with any judicial or other proceeding. application, Solicitation. RFQ. bid. request
for ruling or other determination. contract, claim. controversy. charge. accusation. arrest or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever. whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities.
50 I (c}(3) non-profit entities or educational institutions or entities. and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision. approval. disapproval. recommendation. the rendering of
33 of 89 48
advice, investigation, or otherwise. during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval , disapproval,
recommendation , the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(p).
(q) City attorney to render opinions on request,
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name .
34 of 89 49
PRESENTATION TEAM
DEC LARA TION/AFFIDAVIT OF REPRESENTATION
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members ofthe presentation team, with the exception
of any person otherwise required to register as a lobbyist, must not be required to pay any registration
fees. No person may appear before any committee on behalf of an anyone unless he or she has been
listed as part ofthe firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, _______ " makes the following
declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person may appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, will not be required to pay
any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below .
Executed this ___ day of ________ , 20 .
Signature of Representative
Print Name and Title Print name of entity being represented.
END OF SECTION
35 of 89 50
NOTICE OF AWARD
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
The City has considered the Proposal submitted by your firm for the DANTE FASCELL ART IN THE
PARK RFP #PW2021-44 in response to the City's advertisement for Request for Proposal and Instructions to
Respondents .
You are hereby notified that your Proposal has been accepted for the DANTE FASCELL ART IN THE
PARK RFP #PW2021-44 and the negotiated price is attached as Exhibit A to this Notice of Award.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond , Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you.
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY: __________________________________________________ ___
Shari Kamali
City Manager
Dated this __ day of _______ , 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the _________ day of __________ , 20 __ .
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager .
END OF SECTION
36 of 89 51
NOTICE TO PROCEED
CONSTRUCTION CONTRACT
DANTE FASCELL ART IN THE PARK
RFP #PW2021-44
TO: DATE:
PROJECT DESCRIPTION: DANTE FASCELL ART IN THE PARK RFP #PW2021-44.
You are hereby notified to commence Work in accordance with the Construction Agreement for DANTE
FASCELL ART IN THE PARK RFP #PW2021-44 on or before . You are to complete
the work within IS calendar days.
City of South Miami
BY: __________ _
(print name)
City Manager, or designee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by ____________ _
on this ___ day of ______ , 20 __ .
BY:
TITLE: __________ _
END OF SECTION
37 of 89 52
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT A
DANTE FASCELL ART IN THE PARK
RFP#PW2021·44
I. General Requirements:
The work specified in this Request for Proposal (RFP) consists of furnishing all goods,
materials, supplies, and services necessary to provide a completed project that meets all
of the needs described in this Scope of Services and as otherwise described in this RFP
(the Work). The Work is to be performed per specifications and the contract documents.
The Work is to be performed in accordance with the specifications and the contract
documents (as defined in the Instructions for Respondents) that are provided to the
Contractor by the City as well as in accordance with those plans, drawings and
specifications that are required to be produced by the Contractor and that are approved
by the City. This includes but is not limited to keeping the project site clean and safe;
furnishing all labor of the Contractor and the labor of all allowable subcontractors;
providing dumpster(s); disposing of materials; providing all necessary engineering and
architectural plans, drawings and technical specifications; all permits; all necessary
equipment, including rental equipment, machinery, tools, transportation and freight;
coordination with any other City contractor, subcontractors and utility companies (i.e.
power, gas, water); erecting construction safety measures, including fencing, privacy
screening and cones, and ensuring that the safety measure are in place at the end of each
working day; root pruning and sod restoration at affected areas to the City's satisfaction;
cleaning the construction site at the end of each working day; maintenance of traffic and
hiring of off duty City police officer if required by the City; and any other goods and
services necessary to perform all of the Work.
Prior to any digging, Contractor must locate all underground utilities and other facilities
as well as contacting Sunshine 81 I to coordinate the process between excavators and
member utilities in Florida so that the utilities can mark the approximate location of all
their underground facilities, including power lines, telephone lines, pipes, and cables on
construction site.
In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and
other permits (including tree permits), provide signed and seal footing and foundation
specifications for permitting, as well as all laboratory tests, engineering and architectural
specifications, drawings and plans that are necessary to secure any and all permits and
licenses required to complete Work. In addition, Contractor will be required to obtain,
pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived
for permits required to be issued directly by the City of South Miami. Permit fees charged
by other government entities, if required, are the responsibility of the
Respondent/Contractor; however, in all cases; it is the responsibility of
Respondent/Contractor to secure any and all permits that may be required for this
project.
All of the Work must be reflected in the Respondent's proposal and "Schedule
of Values Form," found in the Scope of Services, Exhibit I, Attachment B.
38 of 89 53
All work is to be completed in accordance with specifications, engineering construction
drawings, and in accordance with the terms and conditions described in Exhibit I, Scope
of Services, Attachments A, B, and C and if the project involves 'a City park, public
playground safety standards, rules and guidelines; , all federal, state and local requirements,
guidelines and regulations included the Florida Building Code, the City of South Miami
Land Development Code, all applicable ordinances of Miami-Dade County and the City
of South Miami and the Americans with Disabilities Act (ADA).
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday and Saturday between the hours of 9:00
a.m. through 5:00 p.m.-See Section 7-15 and 7-16 of the City's Code of
Ordinances.
IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR
AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS
SOLIC ITA TION.
II. Site Location: See EXHIBIT I. SCOPE OF SERVICES, ATTACHMENT C (Dante
Fascell Park 8600 SW 57th Avenue, Miami GL 33143)
I. SPECIFIC REOUIREMENTS:
a. PROJECT DESCRIPTION
The City is soliciting proposals from highly qualified firms that includes but it is not limited
to the transportation and installation of three (3) sculptures to Dante Fascell Park. Note:
The dimensions and weight of each sculpture is provided in Exhibit I, Scope of Services,
Attachment C "Design Plans and Specifications." Respondents shall be responsible
for the transportation of the three (3) sculptures to Dante Fascell Park. Two (2)
sculptures are located at the City of South Miami Public Works Division 4795 SW 75 th
Avenue, Miami, FL 33155. One (I) sculpture is located at the Columbian Consulate in
Miami 280 Aragon Avenue, Coral Gables, GL 33134.
The installation will require the permitting and construction of the three (3) sculpture
concrete footers and placement of the sculpture on the footers. The grade around the
concrete footers will need to be adjusted to allow for proper slope around the concrete
footer.
b. DESIGN PLANS & SPECIFICATIONS:
Please refer to Exhibit I, Scope of Services, Attachment C
c. PRICING -LUMP SUM PRICING:
Proposal pricing must be submitted in a "Lump Sum" by completing Exhibit 3
"Respondents Bid Form" and must include all cost associated with completing this
project as outlined in the scope of services and associated design construction plans. It is
the City's intention to award this project to a single Contractor. The lump sum price
must be in accordance with Respondent's schedule of values. See Exhibit I, Scope of
Services, Attachment A.
39 of 89 54
RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES
LISTED IN THE SOLICITATION, IF ANY.
THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE
RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED.
d. SCHEDULE OF VALUES:
RESPONDENTS ARE TO COMPLETE THE SCHEDULE OF VALUES FORM.
SEE EXHIBIT I. ATTACHMENT B.
WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE
OF VALUES FORM," THE RESPONDENT MUST CARRY THE TREE
MITIGATION ALLOTMENT, IF ANY, AS WELL AS ANY CONTINGENCY
IN THEIR TOTAL BASE BID.
III. Construction Notes:
Values utilized for the purpose of this RFP are approximate. Contractor is responsible to
field verify the areas, and quantities as per the limits defined by the site plan.
IV. Project Duration:
The project duration and completion for this project is 15 calendar days from issuance
of a Notice to Proceed/Purchase Order/Email Notification from the City's Project
Manager.
V. Warranty:
Respondent/Contractor must include the following with their proposal:
Applicable warranty and/or guarantees of all material and labor, including:
• any conditions; and
• guaranteed response time for repair; and
• guaranteed replacement during the warranty period; and
• life expectancy of LED lighting under normal use; and
• Failures during the warranty period must be repaired or replaced to the
satisfaction of the City; and
• the term of the warranty.
At a minimum, Respondent/Contractor must warrant their Work in accordance with the
warranty requirements found in the General Conditions to the Contract. See Exhibit S.
VI. Bonds:
A PERFORMANCE AND PAYMENT BOND ARE NOT REQUIRED FOR
THIS PROJECT.
40 of 89 55
EXHIBIT I
SCOPE OF SERVICES
Attachment B
DANTE FASCELL ART IN THE PARK
RFP#PW2021-44
"SCHEDULE OF VALUES"
NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF
VALUES FORM WILL RENDER A RESPONDENT'S PROPOSAL
UNRESPONSIVE
41 of 89 56
ITEM
NO .
1-1
1-2
2-1
2-2
2-3
2-4
2-5
2-6
3-1
3-2
3-3
3-4
3-5
3-6
5-3
5-5
SCHEDULE OF VALUES
Dante Fascell Art In the Park
RFP #PW2021 ·44
ITEM EST. UNIT UNIT
OE~RIP'TtQN QTY COST
Site Preparation
Mobilization 1 LS.
Maintenance of Traffic 1 loS .
Sub-Total
Sculpture r ra.n ~orta$n & Plctcelnen t ell footer
Transportation of Sculpture 1 EA #1
Placement and anchoring of
Sculpture #1 1 EA
Transportation of Sculpture 1 EA #2
Placement and anchoring of 1 EA Sculpture #2
Transportation of Sculpture 1 EA #3
Placement and anchoring of
Sculpture #3 1 EA
Sub-Total
Sculpture Site Work
Excavation for Structures 65 .78 C.Y.
Clearing and Grubbing 0.02 AC .
Type "B" Stabilization (12" 23.47 S.Y . thick minimum LBR 40)
New Concrete Footer 15.37 C.Y.
4-in of new top soil 79 .44 S.Y .
Sodding Including watering 79 .44 S .Y.
Sub-Total
TOTAL:
Contingency Fund (10% of
subtotal amount)
As Built
TOTAL PROJECT COST:
42 of 89
liO"tAb
GGS"f ·c
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
57
EXHIBIT I
SCOPE OF SERVICES
Attachment B
DANTE FASCELL ART IN THE PARK
RFP#PW2021-44
"SCHEDULE OF VALUES"
This Schedule of Values (SOY) is subm itted by whose address is
________________ , whose telephone number is ______ ' whose
fax number is , whose email address is __________ _
and whose authorized representative signing this SOV Form is ___________ whose
title is ____________ '
NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES
FORM WILL RENDER A RESPONDENT'S PROPOSAL UNRESPONSIVE
43 of 89 58
EXHIBIT I
SCOPE OF SERVICES
Attachment C
DANTE FASCELL ART IN THE PARK
RFP#PW2021-44
UDESIGN PLANS AND SPECIFICATIONS"
Prepared by: Marlin Engineering
44 of 89 59
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1
PROJECT LOCATION
MIAMI-DADE COUNTY yl' '
INDEX OF PLAN SHEETS
SHEET NO. SHEET DESCRIPTION
KEY SHEET
G-1 GENERAL NOTES
.. '
S-1 LOCATION OF FOUNDATIONS
S-2 SCULPTURE (A) FOUNDATION
S-3 SCULPTURE (B) FOUNDATION
S-4 SCULPTURE (C) FOUNDATION
DESIGN TEAM
STRUCTURAL ENGINEER
Marlin Engineering. Inc
6B40 Northwest 77th Court
Miami. FL 33166
Phone: (954) 870-5070
Fax: (954) 800-6045
www.marlinengineering.com
OWNER:
City of South Miami
6130 Sunset Drive
South Miami. FL 33143
Phone: (305) 663-6338
GOVERNING DESIGN STANDARDS :
Florida Building Code. 2020
! GOVERNING STANDARD SPECIFICATIONS: t, Florida Department of Transportation. 2021 Standard
Specifications for Road and Bridge Construction at the
1" following website:
CITY OF SOU T H MIAMI
DAN TE F ASCELL PARK
SCULPTURE FOUNDATIONS
~;.., ... ~ 'j' \' . ' ~, _, i n ,,:,\ .3' ~ ... .:-,.' '~,'~I!-'_."'" ~ .. , ~.' '. ~.,--0 •. ... "I~'_ jIOj," ,~.;...,,,.. >k' .-.. • '. I , 'fi",r . Pi.,' .. '-f..,. • ¥.J ~. ~ .. ~ i '';;':., -... ,.~ . ~' ." " .... f1 '
.. '''' ~ ... t ' ,-.".~,' , ~~'i ~!"\;; ~ !, Mf .-. (W" ~';" ,If "" :, 'it' ' ' ..... . (J'-' '. L. . . ,"". ,_.. .; '.. :., i 1,., or'
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ELECTED OFFICIALS
Sally Philips, Mayor
Luis Gil. Commissioner Josh Liebman. Commissioner
! https: / /www.fdot.gov/programmanagement/lmplemented/Specbook s/ Brian Corey. Commissioner Walter Harris. Commissioner
OJECT LOCATION
THIS ITEM HAS BEEN DIGITALLY SIGNED
AND SEALED BY:
",,,UUll l tNI',,
"",' lJ'i-RVO C'?"" .'., c. ...... ". </f .., .::.:: s..,~.-<\ C EN s·(-· •. -11' ~ J$/ .... ~
§ * / No. 82455 ': * l
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l -o\ STATE OF ir:i:;:§ \1b ..... I" " •. /tf/ .., ~· ••• ~OR\? •• ·&-~.:-"~'II, SS/O"NAL t¥l ",':-'
1/1"""11 11111'\\\\\\
ON THE DATE ADJACENT TO THE SEAL
PRINTED COPIES OF THIS DOCUMENTS
ARE NOT CONSIDERED SIGNED AND
SEALED AND THE SIGNATURE MUST BE
VERIFIED ON ANY ELECTRONIC COPIES .
PLANS ENGINEER OF RECORD:
MARLIN
ENGINEERING
ERICK CUERVO I P.E. No.: 82455
6840 Northwest 77'" Court I
Miami. FL 33166
P: 954.870.5070 I C.A. No. 6104
01 1 iEfirn ~
CONSTRUCTION FISCAL
CONTRACT No YEAR
N/A 21
SHEET
NO,
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GENERAL NOTES: CONCRETE: _~ ... ,,-.... .., -'-"'-'--
DESIGN SPECIFICATIONS:
FOUNDATION DESIGNED IN ACCORDANCE WITH FLORIDA BUILDING CODE ZOZO, ACI 318-14 BUILDING
CODE FOR STRUCTURAL CONCRETE.
WIND pESlGN IN ACCORDANCE WITH ASCE 7-16 :
MEAN HEIGHT = 15.0 FT,
ULTIMATE DESIGN WIND SPEED VULT = 155 MPH,
NOMINAL DESIGN WIND SPEED VASD = 1Z5 MPH,
RISK CATEGORY I
EXPOSURE C
WIND DIRECTIONALITY FACTOR Kd = D.B5
TOPOGRAPHY FACTOR Kzt = 1.0
GUST EFFECT FACTOR G = D.B5
qh 50.4 PSF SCULPTURE (A)
qh 50.4 PSF SCULPTURE (B)
qh 50.4 PSF SCULPTURE (C)
GEOTECHNICAL DESIGN DATA:
SOIL DESIGN VALUE ARE ASSUMED.
ALLOWABLE VERTICAL FOUNDATION PRESSURE = ZOOO PSF
ALLOWABLE LATERAL BEARING PRESSURE = 150 PSF /FT
MATERIAL SPECIFICATIONS:
CONCRETE SHALL HAVE A MINIMUM Z8-DAY COMPRESSIVE STRENGTH OF 3,000 PSI
COORDINATE CONCRETE COLOR AND FINISH WITH CITY OF SOUTH MIAMI
ALL REINFORCEMENT SHALL BE ASTM A515, GRADE 50
SUBGRADE AND BACKFILL MATERIAL SHALL CONFORM TO THE STANDARD SPECIFICATIONS
LOCATION OF SCULPTURES:
ALL ELEVATION ARE BASED ON A ASSUMED DATUM
LOCATION OF SCULPTURES DEPICTED ON EXISTING BOUNDARY SURVEY ARE ILLUSTRATIVE ONLY,
PRIOR TO INSTALLATION, COORDINATE EXACT LOCATION OF EACH SCULPTURE WITH THE CITY OF
SOUTH MIAMI.
CONTRACTOR SHALL COORDINATE SCULPTURE PICK-UP POINTS WITH THE CITY/ARTIST FOR LIFTING
AND/OR INSTALLATION OF SCULPTURES.
LOCATIONS OF ANCHORAGES AND METHODS OF INSTALLING SCULPTURES FOUNDATIONS ANCHORS
SHALL COMPLY WITH THE PLANS.
PROVIDE * INCH CHAMFERS ON ALL EXPOSED EDGES AND CORNERS EXCEPT AS NOTED
OTHERWISE.
CONSTRUCTION JOINTS WILL BE PERMITTED ONLY AT LOCATIONS INDICATED ON PLANS. ADDITIONAL
CONSTRUCTION JOINTS OR ALTERATIONS TO THOSE SHOWN WILL REQUIRE APPROVAL BY ENGINEER.
MINIMUM CONCRETE COVER
CONCRETE EXPOSURE
CAST AGAINST AND
PERMANENTLY IN
CONTACT WITH GROUND
EXPOSED TO WEATHER
OR IN CONTACT WITH
GROUND
NOT EXPOSED TO
WEA THER OR IN
CONTACT WITH GROUND
REINFORCEMENT:
MEMBER
ALL
ALL
SLABS, JOIST
AND WALLS
BEAMS,
COLUMNS,
PEDESTAL, AND
TENSION TIES
REINFORCEMENT SPECIFIED
COVER, IN.
ALL 3"
No . 6 THROUGH Z" No. 18 BARS
No. 5 BAR, W31
OR D 31 WIRE, 1-1/Z"
AND SMALLER
No. 14 AND No. 18 I
BARS 1-1/Z"
No. 11 BARS AND 3/4" SMALLER
PRIMARY
REINFORCEMENT,
STRIRRUPS, TIES, 1-1/Z"
SPIRALS, AND
HOOPS
ALL DIMENSIONS PERTAINING TO THE LOCATIONS OF REINFORCEMENT ARE TO THE CENTERLINE OF
BARS EXCEPT WERE THE CLEAR DIMENSIONS IS SHOW TO THE FACE OF CONCRETE.
REINFORCEMENT DIMENSIONS ARE OUT -TO-OUT OF BARS.
BACKFILL AND SUB GRADE:
PLACEMENT OF BACKFILL AND SUBGRADE SHALL COMPLY WITH THE STANDARD SPECIFICATIONS.
MATERIAL REMOVED FOR THE PLACEMENT OF BACKFILL AND SUBGRADE SHALL BE DISPOSED OF
OFF SITE .
EARTHWORK:
-THE CONTRACTOR IS SOLELY RESPONSIBLE FOR ALL EXCAVATION PROCEDURES INCLUDING
LAGGING, SHORING AND PROTECTION OF ADJACENT PROPERTY, STRUCTURES, STREETS AND
UTILITIES IN ACCORDANCE WITH THE REQUIREMENTS OF THE LOCAL BUILDING DEPARTMENT AND
OSHA REGULATIONS. DO NOT EXCAVATE WITHIN ONE FOOT OF THE ANGLE OF REPOSE OF ANY SOIL
BEARING FOUNDATION UNLESS THE FOUNDATION IS PROPERLY PROTECTED AGAINST SETTLEMENT.
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SCULPTURE FOUNDA.TlONS A.T DA.NTE FASCELl PARK
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7'-6"
SECTION 8-8
SCALE: 1/2"=1'-0"
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17" MIN , EMBEDMENT, SEE NOTE
2 THIS SHEET
LIMITED OF COMPACTED
SUBGRADE
(8)#5 TOP/BOTTOM
BARS, B" O,C
1. SCULPTURE IS ILLUSTRATIVE ONLY AND SHALL BE PROVIDED BY ARTIST,
2 , 0/,," \11 x 17" LONG ADHESIVE ANCHORS SHALL COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APL) FOR TYPE HV.
3 . SCULPTURE WEIGHT = 200 LB ±
4 . THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND
REPORT ANY DISCREPANCY TO OUR OFFICE .
5. FOR GENERAL NOTES SEE G-l
6. DISTANCE BETWEEN ANCHORS IS 2'-8"
OIYOISCU ........ "_
SCULPTURE fOllNDATIONS AT DANTE fASC[LL PARK
SCULPTURE (A)
FOUNDATION
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J. 2 THIS SHEET
J J (6)#5 TOP/BOTTOM
• • BARS, B" O.C
SECTION A-A
SCALE: 1/2"=1'-0"
NOTES:
LIMITED OF COMPACTED
SUBGRADE
1. SCULPTURE IS ILLUSTRA TIVE ONLY AND SHALL BE PROVIDED BY ARTIST .
2. %" ¢ x 10" LONG ADHESIVE ANCHORS SHALL COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APL) FOR TYPE HV,
3 , SCULPTURE WEIGHT = 200 LB ±
4 , THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND
REPORT ANY DISCREPANCY TO OUR OFFICE .
5 , FOR GENERAL NOTES SEE G-l
6 . ANCHORS TO ATTACH TO THE INSIDE EDGE OF SCULPTURE BASE
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CITY or SOU11-I ~IAI.4I, FLORIDA I
SCULPTURE FOUNDATIONS AT DANTE FASCELJ. PARK FOUNDATION
SCULPTURE (8)
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NOTES: ~ l' "'" \; , '0/%->A~) %"¢ ADHESIVE ANCHOR, W/
j 'N : . ~"Y,' ,~~ 21" MIN, EMBEDMENT, SEE NOTE 1. SCULPTURE IS ILLUSTRATIVE ONLY AND SHALL BE PROVIDED BY ARTIST.
i" . ~,," . ' . ~~~ ~V. 2 THIS SHEET < \",)"!', ~.", 2. %" ¢ x 21" LONG ADHESIVE ANCHORS SHALL COMPLY WITH THE FOOT'S . b~l I I I I ~c (13)#6 TOP/BOTTOM APPROVED PRODUCT LIST (APL) FOR TYPE HV.
• I " j .~ BARS, 8 O.C 3. SCULPTURE WEIGHT = 400 LB ±
~ , .. -.-;;-. " •. --, .. '" COMPACTED SUBGRADE I t 1 -0 , 1 -2 , ,6 ,-~" , 1 -2 ,1 -0 t 4 , THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND ! 1 -REPORT ANY DISCREPANCY TO OUR OFFICE.
I SECTION 8-8 5 . FOR GENERAL NOTES SEE G-1
SCALE: 1/2"=1'-0"
.. 'v ""'" I W !'!I~,,~,1:;~~ aTY OF SOUTH "IA"', FLORIO' SCULPTURE (C) 1 WD=~I~~~~'1111 SCULPTURE FOUNDATIONS AT DANTE FASCELl. PARK FOUNDATION
(J P: g~.enl.'0'7D I CJ.No.II04
Insurance
EXHIBIT 2
DANTE FASCELL ART IN THE PARK
RFP#PW2021-44
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must 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-contractorlsub-consultant, 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 may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion . The FIRM must purchase insurance from and must 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
Sub-contractorlsub-consultant 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 must 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 must further ensure that all of
its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Com p rehensive General Liabi lity 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;
51 of 89 66
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance must 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:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• 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:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must 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 Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must 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 must 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 must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
52 of 89 67
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 Is 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 must eliminate or reduce such deductible or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must 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 must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must 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 must be rated A .VII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must 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 must 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 must be delivered to the City by
certified mail, with proof of delivery to the City."
e.: If the FIRM is providing professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes 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 must 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 may be
53 of 89 68
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. FIRM 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 FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must 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 FIRM. its
contractor/sub-contractor/sub-consultant 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 FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims. losses and expenses of any kind or nature whatsoever. in
connection therewith, including the expense or loss of the CITY and/or its affected officers. affiliates.
employees, successors and assigns, including their attorney's fees. in the defense of any action in law or
equity brought against them and arising from the negligent error. omission. or act of FIRM. its Sub-
contractor/sub-consultant 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 FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers. affiliates. employees.
successors and assigns are to be held liable or responsible for any claims. including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM.
its contractor/sub-contractor/sub-consultant 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 FIRM. CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractorlsub-contractor/sub-consultant or any of their agents, representatives, employees.
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph must
apply and this subparagraph must 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
54 of 89 69
EXHIBIT 3
DANTE FASCELL ART IN THE PARK
RFP#PW2021-44
RESPONDENTS
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A, 8,
& C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other
terms and conditions of the Solicitation Package .
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form . Respondent agrees to sign and submit the Bonds , if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award .
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that:
i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and
drawings of physical conditions .
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests and studies in addition to or to
supplement those referred to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests, reports or similar information or data are, or will, be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre-bid marking of the construction site by any or all utility companies will create an irrefutable
presumption that the Respondent's bid, or proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, w ill not be entitled to a change order
for any such condition discovered thereafter.
iii. Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
iv . Respondent has reviewed and checked all information and data shown or indicated in the Solicitation
Package or in the Contract Documents with respect to existing Underground Facilities or conditions
55 of 89 70
at or contiguous to the site and assumes responsibility for the accurate location of all Underground
Facilities and conditions that may affect the Work. No additional examinations, investigations,
explorations , tests, reports or similar information or data in respect to any Underground Facilities or
conditions are, or will be, required by Respondent 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 unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the cost of the
Work and unless the respondent makes a written request to the City for additional information prior
to submitting the bid or proposal as required in subsection ii above,
d. Respondent has given the City 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 Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install
all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of
Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change
orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of
Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As
such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services
necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the
completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this
Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price,
otherwise, the Contract Price for the completed work is as follows:
LUMP SUM BASE PRICE: _________ dollars and _______ cents
Alternates: #1 ________ #2 ____________ _
A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided.
Failure to provide this information will render the proposal non-responsive.
5. The ENTIRE WORK for project in accordance with Exhibit I, Scope of ServicesL Attachment A, B, &
C shall be completed, in full, within IS calendar days from the commencement date set forth in the
NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the
assessment of liquidated damages as may be set forth in the Contract.
6. Insert the following information for future communication with you concerning this Proposal :
RESPONDENT:
Address :
Telephone:
Facsimile :
Contact Person
7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
56 of 89 71
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference.
9. This proposal is submitted by _____________ whose address is _______ _
__________ . whose telephone number is , whose fax number is
_______ " whose email address is and whose authorized
representative signing this Bid Form is whose title is ____ _
10. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
Signature Date of execution -------------
END OF SECTION
57 of 89 72
EXHIBIT 4
CONSTRUCTION CONTRACT
DANTE FASCELL ART IN THE PARK
RFP#PW2021 ·44
THIS CONTRACT was made and entered into on this day of . 20 __ •
by and between (hereafter referred to as
"Contractor"), and the City of South Miami (hereafter referred to as "Owner"), through its C ity Manager (hereafter
referred to as "City").
Contractor, for the consideration set forth herein , hereby agrees with Owner as follows:
I. Contractor must 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
must do everything required by this Contract and the other Contract Documents he reinafter referred to
as the Work.
2 . The Contract Documents must 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 sol icitation documents ("hereinafter
referred to as "Bid Documents") and any documents to which those documents refer which are used by
Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein .
3. Contractor must commence the Work to be performed under this Contract on a date to be specified in a
Notice to Proceed and must complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. Owner hereby agrees to pay to 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:
_____________________ .Dolla r s ($ _______ . ~
(Spell Doll ar Am o unt above) ("Contract Price").
5. The expenses of performing Work after regular working hours. and on Sunday and legal holidays must 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 will have no r ight to additional
compensation for such work. However. nothing contained herein authorizes work on days and during hours
that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the C ity.
6. If the Work is expected to require more than one month , Owner will make monthly partial payments to
Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by 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 Contractor of evidence satisfactory to Owner that all labor, material , and other costs
incurred by Contractor in connection w ith the construction of the Work have been pa id in full, and after
compliance with the terms for payment provided for in the Contract Documents, final payment on account
of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all
Work covered by this Contract and the acceptance of such Work by Owner.
8. The Work must be completed in IS calendar days. In the event that Contractor fails to complete the
Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon.
in accordance with the p rocedure as more particularly set forth in the Contract Documents, liquidated
damages must be paid by Contractor at the rate of $2.500.00 dollars per day,
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
and payment, the City deems 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 suppl iers, Contractor must, 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 w ith
such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor
58 of 89 73
will 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 may 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.
I I. 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.
12. All provisions, conditions and restrictions contained in the bid document entitled Instructions to
Respondents are made a part of this agreement by reference. Any conflict between that document and
this contract or the exhibits to this contract are to be resolved by the City Manager in the managers sole
and absolute discretion.
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 will, without proof
or accounting for the other counterpart, be deemed an original Contract.
CONTRACTOR: ________________________ _
Signature: ________________ _
Print Signatory's Name: ________________ _
Title of Signatory: _______________ _
ATTESTED:
Signature: ___________ _
N kenga A. Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature: ____________ _
City Attorney
OWNER: CITY OF SOUTH MIAMI
Signature: ___________ _
Shari Kamali
City Manager
59 of 89 74
ARTICLE I -DEFINITIONS
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
DANTE FASCELL ART IN THE PARK
RFP#PW2021-44
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the
meaning indicated. These definitions 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 will 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 do not apply to interpret terms in a specific provision of
a Contract Document if that specific provision contains a definition of the term in question:
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.
AJmlication for Payment: A form approved by the City's consultant (CONSULTANT), if any, or the City Manager
which is to be used by 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
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 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 CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations, and the timeframe for completing the work.
City: The City Manager for the City of South Miami, 6130 Sunset 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.
City Manag,er; Includes the City Manager's designee.
Construction Obser ver: An authorized representative of CONSULTANT, if any, or otherwise a representative of
OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR
will be notified in writing of the identity of this representative.
Contract Documents: The Contract Documents include the Contract between OWNER and 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 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 Officer: 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.
CONSULTANT: The person identified as CONSULTANT in the Supplementary Conditions or, if none, then
OWNER's designated representative as identified in the Supplementary Conditions.
Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it will be presumed
to be a calendar day unless specifically designated as a business day.
Days : The number of twenty-four (24) hour periods follOWing the event to which the word "days" refers
commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any period of time prescribed or
60 of 89 75
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run will not be included . The last day of the period so computed will be included unless it is a Saturday,
Sunday or legal holiday, in wh ich event the period will run until the end of the next business day that is not a
Saturday, Sunday or legal holiday.
D efecti ve W ork: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to 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.
Draw ing s: The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and
are referred to in the Contract Documents.
Field O rder: A written order issued by 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.
Mo di fkado n: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order
s igned by both parties, (c) a written clarification or interpretation if issued by CONSULTANT in accordance with
paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT
pu r suant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it mL!st be in
writing and signed by the party against whom the modification is sought to be enforced.
N on-confo r min g 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, o r referred to in , the Contract Documents, or
work that has been damaged prior to CONSULT ANT'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 .
N otice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULT ANT)
fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to
perform its obligations under the Contract Documents.
Owner. The City of South Miami.
Person: An individual or legal entity.
~ The entire construction operation being performed as delineated in the Contract Documents.
Po llc)': The term "policy" as used in the Contract Documents means 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.
Sc o pe 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.
Sho p Draw in gs : All drawings, diagrams, illustrations, brochures, schedules and other data which a r e prepared by
CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and wh ich illustrate the equipment,
material or some portion of the work and as required by the Contract Documents.
Sam ples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged .
Sp ecificati ons: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Sub contracto r: 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.
Subs tantial Com ple ti on: The date, as certified by CONSULTANT, when the construction ofthe 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 will 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 CONSULTANT,
will 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 ther eafter 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.
61 of 89 76
Supplier: 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.
Surety: The individual or entity who is an obligor on a Bond and who is bound with 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 means and includes all written notices, demands, instructions, claims,
approvals and disapprovals required to obtain compliance with Contract requirements . Written notice will 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 must be delivered to City Manager
and 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 will be
awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will 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 will issue the Notice of
Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of
Bids .
Exec ution o f Con tra.ct :
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 must be executed and delivered by CONTRACTOR
to the City Manager with in 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 will, without proof or accounting for
the other counterpart be deemed an original Contract Document.
Fo rfei t ure o f Bid SecuriQl/P erfo rmance and Pay me nt Bo nd. if an y are req uired by the a ppl icable RFP:
2.3 Within ten (10) calendar days of being notified of the Awa r d, CONTRACTOR must furnish a
Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and
Payment Bond attached.
2.3.1 Each Bond must be in the amount of one hundred percent (100%) of the Contract Price
guarantee ing 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 must be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4 , 2.3.S, and 2.3.6.
2.3.2 Each Bond must 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 2SS.05( I), Florida Statutes, CONTRACTOR must ensure
that the Bond(s) referenced above are recorded in the public records of Miami-Dade County and
provide C ity 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.
62 of 89 77
2.3.5 The surety company must 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 OWNER will 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 will be cause for the City Manager to annul the Notice of Award and
declare the Bid and any security therefore forfeited .
Contra ctor 's Pr e-S tart Re presentat ion :
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 m ~de 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.
Commen cem ent of Contract Time :
2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed.
Starti ng the Pr oject:
2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work may be done at the site (as defined in Article I), prior to
the date on which the Contract Time commences to run, except with the written consent of the City
Manager.
Before Starti ng Constru ction;
2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither OWNER nor CONSULTANT will 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 will CONTRACTOR be entitled to any compensation
for any harm, damage or loss suffered by 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 must submit to CONSULTANT for approval, an estimated
construction schedule indicating the starting and completion dates of the various stages of the Work, and
a preliminary schedule of Shop Drawing submissions. CONSULTANT will 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 will 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 will 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 OWNER'S representative, CONSULT ANT,
Resident Project Representatives, CONTRACTOR and its Superintendent.
O ualifi ca.t ions o f Subcon tracto rs. Ma terial men and Suppliers:
2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
must submit to the City Manager and 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
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Subcontractors and other persons and organizations must be submitted as specified in the Contract
Documents. Within thirty (30) calendar days after receiving the list, CONSULTANT will notify
CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any
Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULTANT
to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar
days of the receipt will constitute an acceptance of such Subcontractor, person or .
organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver
of any right of OWNER or CONSULTANT to reject defective Work, material or equipment, or any
Work, material or equipment not in conformance with the requirements of the Contract Documents.
2.1 I If, prior to the Notice of Award, the City Manager or 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, will 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 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
must, before proceeding with the Work affected thereby, immediately call it to 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 will provide the maximum benefit to
OWNER will apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning will
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, must be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories must 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 will be approved by CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as
obtain the best workmanship possible for the entire Project, and all components of the Work must be
installed or erected in accordance with the best practices of the particular trade.
3.6 CONTRACTOR will 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 CONTRACTOR is prevented from complying with this provision due to the Drawings or
Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations
before proceeding with construction in the area where the problem exists.
3.7 Manufacturer's literature, when referenced, must 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 will 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, will 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 CONSULTANT, as the material or product so specified. Proposed equivalent
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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", CONTRACTOR must 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 will be made by CONSULTANT as set forth in Section 9.3 below.
3.1 I CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the
Contract Documents and CONSULTANT will make the final decision as to which of the documents will
take precedence. If there is a conflict between or among the Contract Documents, only the latest
version will apply and the latest version of the Contract Documents. CONSULTANT must 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
Written or figured dimensions
Scaled dimensions
Drawings of a larger scale
Drawings of a smaller scale
(f)
(g)
(h)
(i)
(j) Drawings and Specifications are to be considered complementary to each other
ART ICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDI T IONS RE F ERENCE POINTS
Availab ility of Land s :
4 .1 OWNER will 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
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 CONTRACTOR'S convenience will be the responsibility of
CONTRACTOR.
CONTRACTOR must 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 bounda ry surveys and
subsurface tests at no cost.
Subsurface C onditi ons :
4 .3 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 to and during
prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the
character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar
as this information is reasonably ascertainable from an inspection of the site, including all exploratory
work done by 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 CONTRACTOR to acquaint itself with the available
informat ion will not relieve it from responsibility for estimating properly the difficulty or cost of
successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations
made by CONTRACTOR on the basis ofthe information made available by OWNER! CONSULTANT.
Differi ng Sit e Conditi o ns :
4.4 CONTRACTOR must 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
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4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
o r dinarily encountered and generally inherent in Work of the cha r acter provided for in this
Contract. The City Manager will 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
CONTRACTOR'S cost of, or the time required for , performance of any part of the Work under
this Contract, an equitable adjustment will be made and the Contract modified in writing
accordingly .
4 .5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the
notice required in 4.4 above; provided , however, the time prescribed therefore may be extended by the
City Manager, but only if done in writing signed by the City Manager or CONSULTANT.
ARTICLE 5 -INSURANCE Contractor must comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARTICLE 6· CONTRACTOR'S RESPONSIBILITIES
Su pervis ion and Superintendence :
6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means,
methods, techniques, sequences and procedu r es of construction . CONTRACTOR must employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the
Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The
Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all
communications given to the Supervisor will be as binding as if given to CONTRACTOR. The
Supervisor(s) will always be present at each site as requi r ed to perform adequate superVision and
coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to
CONTRACTOR'S home office).
6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
all changes made during the construction process. These must be available to 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,
will be made available to City Manager at all times and it must be delivered to the City Manager
upon completion 'of the Project.
La bor, Materials and Equi p ment:
6.2 CONTRACTOR must provide competent, suitably qual ified personnel to layout the Work and perform
construction as required by the Contract Documents. It must always maintain good diSCipline and order
at the site.
6.3 CONTRACTOR must 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 must 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 must be delivered to the site in their original
packages or containers w ith seals unbroken and labels intact.
6.5 All materials and equipment must 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.
Wor k, Ma t erials. Eq ui pm e nt. Pr od ucts and Substituti ons:
6.6 Materials , equipment and products incorporated in the Work must be approved for use before being
purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed
materials , equipment or products, together with such samples as may be necessary for them to determine
their acceptability and obtain their approval , within ninety (90) calendar days after award of Contract
unless otherwise stipulated in the Special Conditions . No request for payment for "or equal" equipment
will be approved until this list has been received and appr oved by 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 is understood that this is referenced for the
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purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function must be considered. 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 CONSULTANT, such material, article, or piece of equipment is of equal substance
and function to that specified, CONSULTANT may approve its substitution and use by
CONTRACTOR. Incidental changes or extra component parts required to accommodate the
substitute will be made by CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who
will be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials will 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 must 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 must be done at the
expense of CONTRACTOR.
6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any
Subcontractor that are subject to any chattel mortgage or under a conditional sale or other
agreement by which an interest is retained by the Seller. 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
plans and drawings. Upon written notification of rejection, items must be removed or uninstalled
within five (5) business days by CONTRACTOR at his own expense and redelivered and/or
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be
regarded as abandoned and OWNER will have the right to dispose of them as its own property
and 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
CONTRACTOR being found in default.
6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or
services from other sources and hold CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.6.8 OWNER reserves the right, in the event 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.
Concerni ng Subcontractors:
6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSULTANT
may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who
has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that
there is good cause for doing so.
6.8 CONTRACTOR is 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 create any contractual relationship
between OWNER or CONSULTANT and any Subcontractor or other person or organization having a
direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or
CONSULTANT to payor 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
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 does not control
CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any
specific trade.
6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of
the Contract Documents for the benefit of OWNER.
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6.1 I All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor.
6.12 CONTRACTOR is be responsible for the coordination of the trades. Subcontractors material and men
engaged upon their Work.
6.12.1 CONTRACTOR must inserted in all subcontracts relative to the Work appropriate provisions to
bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other
Contract Documents insofar as applicable to the Work of Subcontractors. and give
CONTRACTOR the same power as regards to terminating any subcontract that City Manager
may exercise over CONTRACTOR under any provisions of the Contract Documents.
6.12.2 The City Manager or CONSULTANT will not undert ake to settle any differences between
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of CONSULTANT. any Subcontractor on the Project proves to be incompetent
or otherwise unsatisfactory. they must be promptly replaced by CONTRACTOR when directed
by CONSULTANT in writing.
6.12A Discrimination : No action may 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 must be made a part of the
subcontractor's contract with CONTRACTOR.
Patent Fees and Roy al ties :
6.13 CONTRACTOR must 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. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone
directly or indirectly employed by either of them from aga inst 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 must defend all such claims in connection with any alleged infringement of such rights .
6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty r ights as to any
materials , appliances . articles or systems prior to bidding. However. he is not responsible for such
determination on systems which do not involve purchase by them of materials. appliances and articles.
Pe rmits:
6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must 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 OWNER and when so stated
in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist
CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay
all public utility charges.
Electrical Power and Lig hti ng:
6.16 Electrical power required during construction must be prOVided by each prime CONTRACTOR as
requ ired by it. This service must be installed by a qualified electrical Contractor approved by
CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary
for good and proper workmanship, for inspection or for safety. No temporary power may be used off
temporary lighting lines without specific approval of CONTRACTOR.
La ws and Regulations:
6.17 CONTRACTOR must comply with all notices , laws , ordinances, rules and regulations applicable to the
Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must
give CONSULTANT prompt written notice thereof. and any necessary changes must be adjusted by an
appropriate modification . If CONTRACTOR performs any Work knowing it to be contrary to such laws .
ordinances. rules and regulations, and without such notice to CONSULTANT. it must bear all costs
arising there from; however. it will not be its primary responsibility to make certain that the Drawings and
Specifications are in accordance with such laws. ordinances , rules and regulations .
Discriminati on:
6.17 A No action may be taken by 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, relig ion, national origin, sex, age, sexual orientation.
familial status or disability.
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Taxes:
6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the
Contract must be included in the Contract Price stated by CONTRACTOR.
Safety and Pr o tecti o n:
6.19 CONTRACTOR is be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work. They must take all necessary precautions for the safety of, and
must 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.
6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must
be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise
designated in writing by CONTRACTOR to the City Manager.
Em erge ncies :
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is
obligated to act, at his discretion , to prevent threatened damage, injury or loss. He must give
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an
emergency which arose from causes beyond his control entitles him to an increase in the Contract Price
or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12.
The City Manager reserves the right, in the City Manager's sole and absolute discretion and when in the
best interest of the City, 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 an
emergency by the Governor, Mayor of Miami-Dade County or by the City Manager pursuant to the C ity
Manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances. In such
event, the CONTRACTOR is only be entitled to be pa id for the reasonable value of the work performed
and any costs advanced that cannot be mitigated by CONTRACTOR.
Sh o p Dra w ings and Sampl es :
6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for
review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at
CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by
and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified
as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect
to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review
the information without any unnecessary investigation.
6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no
delay in Work, all samples required by the Contract Documents.
All samples must have been checked by and stamped with the approval of 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, CONTRACTOR must notify CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is
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 . CONTRACTOR must make any corrections required by
CONSULTANT and must return the required number of corrected copies of Shop Drawings and
resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify
CONSULTANT, in writing , of any prior Shop Drawing o r revisions to Shop Drawings that are in conflict
with each submission or re-submission . CONTRACTOR'S stamp of approval on any Shop Drawings or
sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either
determined and/or verified all quantities, dimension, field construction criteria, materials , catalog numbers
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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 may be commenced until the submission has
been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each
approved sample must be kept in good order, in a book or binder, in chronological order or in such other
order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to
CONSULTANT.
6.27 CONSULTANT's review of Shop Drawings or samples will not relieve CONTRACTOR from his
responsibility for any deviations from the requirements of the Contract Documents unless
CONTRACTOR has informed CONSULTANT, in writing, to each deviation at the time of submission
and CONSULTANT has given written approval to the specific deviation , nor may any review by
CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop
Drawings or samples.
6.27A CONTRACTOR is be liable to OWNER for any additional cost or delay that is caused by its failure to
notify CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in
the Shop Drawings or samples.
Cleanjng U p:
6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and befo r e acceptance of final payment for the Project by
OWNER, CONTRACTOR must 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 ar eas, lawn and all adjacent property. In addition,
CONTRACTOR must 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 must restore all property, both
public and private, which has been distu r bed 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 CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials
referred to in paragraph 6 .28 and charge the cost to CONTRACTOR.
Pu blic Convenien ce and Safety:
6.30 CONTRACTOR must, 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 must be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs must 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, CONTRACTOR must 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 must be provided and maintained at all times .
Sa nitary Pr ovisi o ns:
6.31 CONTRACTOR must 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 must be kept
in a clean and sanitary condition and must comply with the requirements and regulations of the Public
Authorities having jurisdiction . They may not commit a public nuisance . Temporary field office and
sanitary facilities must be removed upon completion of the Work and the premises must be left clean .
Indemnification:
6.32 Contractor must 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, must defend
such action or proceeding by counsel satisfactory to the City Manager . The indemnification provided
above obligates 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.
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6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of
CONSULT ANT, its agents or employees arising out of (a) the preparation or approval of maps, dr awings ,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by 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 will survive the term of the Contract to which these
General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all
insurance coverage requi r ed 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 CONTRACTOR, CONTRACTOR's
subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees to
the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying
party and persons employed or utilized by the indemnify ing party in the performance of the construction
contract.
Respo nsibility fo r C onnection to Ex is ti ng Wor k;
6.35 CONTRACTOR must 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 constr uction or installations in rights-of-
ways of streets, highways, public carrier lines, utility lines, either aerial , surface or subsurface, etc., must
be done in accordance with requirements of the special conditions. OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements .
6.36.2 CONSULTANT is 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.
C ooperation w ith Go vernmental Departments. Pub lic Utilities. Etc.:
6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments,
public utilities , public carr iers , service companies and cor porations (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 CONTRACTOR desires to relocate the item. CONTRACTOR must
give all proper notices, must comply with all requirements of such third parties in the performance of his
Work, must permit entrance of such thi rd parties on the Project in order that they may perform their
necessary work, and must pay all charges and fees made by such third parties for their work.
6.37.1 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. CONTRACTOR must cooperate with the above parties in every way
possible, so that the construction can be completed in the least possible time.
6.37.2 CONTRACTOR must be 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 must confine its apparatus, storage of materials, and operations of its workmen to the
limits ind icated by law , ordinances, permits and directions of CONSULTANT and City Manager, and may
not unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor may it subject any work to stresses or pressures that will
endanger it.
6.38 .2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
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6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of
automobiles of its employees, subcontractors and other personnel, as well as that of the material
delivery trucks and other vehicles that come 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
must be fenced to protect the job site and the general public.
6.38.5 CONTRACTOR must furnish , install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices must be provided and
located where directed and approved by CONSULTANT. All such facilities must be furnished in
strict accordance with existing governing regulations. Field offices must include telephone
facilities.
Pr o tection o f Ex isti ng Pr o perty Im provements:
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 must be protected from damage during construction of the
Project. Any such improvements damaged during construction of the Project must be restored at the expense
of CONTRACTOR to a condition equal to that existing at the time of award of Contract.
ARTICLE 7 -WORK BY OTHERS.
7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor
which must contain General Conditions similar to these. CONTRACTOR must 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 must properly connect and coordinate its Work with theirs.
7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any
defects or deficiencies in such Work that render it unsuitable for CONTRACTOR's Work.
7.3 CONTRACTOR must 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. CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise
altering their Work and may only cut or alter their Work with the written consent of 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 will be given to
CONTRACTOR prior to starting any such add itional Work. If CONTRACTOR believes that the
performance of such additional Work by OWNER or others will cause CONTRACTOR additional
expense or entitles 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, CONTRACTOR must build around the work of other separate contractors or must
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 will require specific approval of CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate
contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all
patching and finishing of the work of other contractors where it is cut by them and such patching and
finishing will be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilit ies and in the detailed execution of the Work. Each
contractor must 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 must 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 CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT
immediately and in writing. Lack of such notice to CONSU L T ANT will be construed as acceptance by
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 will be CONTRACTOR's cost.
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7.10 The City Manager reserves the right in the event 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 CONTRACTOR through CONSULTANT.
8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a
CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT.
8.3 The City Manager will promptly furnish the data required of them under the Contract Documents.
8.4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.S OWNER will have the right to take possession of and use any completed or partially completed portions
of the Work, notwithstanding the fact that the time for completing the entire Work or any portion
thereof may not have expired; but such taking possession and use will not be deemed an acceptance of
any Work not completed in accordance with the Contract Documents.
ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION.
C ity's Representat ive:
9.1 CONSULTANT will be OWNER'S representative during the construction period. The duties and
responsibilities and the limitations of authority of CONSULTANT as OWNER'S representative during
construction are set forth in Articles I through 16 of these General Conditions and will not be extended
without written consent of the City Manager and CONSULTANT.
9.1.1 CONSULTANT's decision. in matters relating to aesthetics. will 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
matters in question between OWNER and CONSULTANT arising out of or relating to this
Contract or the breach thereof. will be decided in a court of competent jurisdiction within the
State of Florida.
Visits to Site:
9 .2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proceeding in accordance with the Contract Documents. His efforts must be directed toward providing
assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the
Construction Documents and applicable laws , rules and regulations. On the basis of these on site-
observations as an experienced and qualified design professional. he must keep the City Manager informed
of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and Interpretations:
9.3 CONSULTANT will issue. with reasonable promptness. such written clarifications or interpretations of
the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary. which
will be consistent With. or reasonably inferable from, the overall intent of the Contract Documents. If
CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and/or interpretation. it will be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of O uantities:
9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United
States Standard Measures. All linear surface measurements will be made horizontally or vertically as
required by the item measured.
Rejec ting D e fect ive Work:
9.S CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in
Article I . It will also have authority to require special inspection or testing of the Work including Work
fabricated on or off site. installed or completed as provided . If CONSULTANT requires testing of
completed Work. the cost of such inspections and/or testing must 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
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furniture and equipment and/or the cost to provide alternative facilities until the repair work can be
completed, must pa id by CONTRACTOR if the Work is found to be Defective Work.
Shop D ra win gs . Change Orders and Payments:
9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25
through 6.28, inclusive.
9.7 In connection with CONSULTANT's responsibility for Change Orders see Articles 10 , II, and 12 .
9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see
Article 14 .
Decisi o ns on Disagreeme nts:
9.1 0 CONSULTANT will be the initial interpreter of the Construction Documents.
Li mita ti o ns on Consultant's Res pons ibilitie s:
9.1 I CONSULTANT will not be responsible for the construction means, methods, techniques , sequences or
procedures, or the safety precautions and programs incident thereto.
9.12 CONSULTANT will not be responsible for the acts or omissions of 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 I N 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 will only be authorized by a written Change
Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved . All
such Work must 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 CONTRACTOR indicates their
agreement to the terms of the Change Order. All Change Orders must be certified by 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 o r in the request for a change order will result in a waiver of any extension of time due to the
change in the work as reflected in the Change Order.
I 0 .2 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 CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that
any change or alteration authorized by CONSULTANT's Field Order would entitles 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 CONTRACTOR will be
deemed to have waived such claim.
10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will
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 6.21 and except as provided in paragraph 10.2.
10 .4 The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering
changes in the Work, to be performed as provided in paragraph 4.4 , and Work performed in an
emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the
Contract Time or the Contract Price which is approved by CONSULTANT.
10 .5 It is CONTRACTOR'S r esponsibility 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 will be
ad justed accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager
before commencement of the Change O r der Work. The Work will be stopped until CONTRACTOR
provides such proof of adjustment in the Bond amount and any such delay will be charged to
CONTRACTOR.
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ARTICLE I I -CHANGE OF CONTRACT PRICE.
I 1.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the
Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will 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:
11.2.1 Specifications (including drawings and designs);
I 1.2.2 Method or manner of performance of the Work.
I 1.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or
I 1.2.4 Acceleration in the performance of the Work.
I 1.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct
of the City Manager will be treated as a Change Order or entitle 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.
I 1.4 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City
Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree
with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in
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 CONTRACTOR cannot reach a timely agreement, an equitable
adjustment based on the cost of the Work will be made and the Contract modified accordingly.
I 1.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written
Change Order, submit to the City Manager and CONSULTANT a written notice including a statement
setting forth the general nature and monetary extent of such claim for equitable adjustment, time
extension requested and supporting data. In determining the cost of the Change Order, the costs will be
limited to those listed in section I 1.7 and I I.B.
I 1.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in
accordance with this section or if asserted after final payment under this Contract.
I 1.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price will be determined in one of the following ways:
I 1.7.1 By negotiated lump sum.
I 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 CONTRACTOR to cover overhead and profit not to exceed 15%. If
CONTRACTOR disagrees with CONSULTANT's determination of reasonable costs, the
CONTRACT must provide a list of all costs together with backup documentation
I 1.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami-
Dade County and may only include the following items:
I 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
must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited
to: salaries and wages, plus the costs of fringe benefits which may include social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays will 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
CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due
in whole or in part to Defective Work of CONTRACTOR.
I 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. CONTRACTOR must notify the City Manager of all cash discounts that are available
and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for
items that offer a discount. Cash discounts will accrue to CONTRACTOR unless
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 will
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accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus
materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so
that they may be obtained.
I 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from
Subcontractors acceptable to him and must deliver such bids to City Manager who will then
determine, with the advice of CONSULTANT, which Bids will be accepted . No subcontract may
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 will be determined in accordance this section I 1.8 and in such case the word
"Subcontractor" will be substituted for the word "CONTRACTOR".
I 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 the costs of transportation,
loading, unloading, installation, dismant ling and removal thereof -all in accordance with terms of
said rental agreements. The rental of any such equipment, machinery or parts must cease when
the use thereof is no longer necessary for the Work.
I 1.8 .5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
I 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.
I 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.
I 1.9 The term "Cost of the Work" does NOT include any of the following :
I 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 1.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
I 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).
I 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
limited to, the correction of defective work, disposal of materials or equipment wrongly supplied
and making good any damage to property.
11 .9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph I 1.8.
I 1.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be
determined as follows:
11 .10 .1 A mutually acceptable firm fixed price; or if none can be agreed upon .
I 1.10 .2 A mutually acceptable fixed percentage (not to exceed 15%).
I 1.1 I The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
manner as provided in I 1.8 . When both additions and credits are involved in anyone change, the net will
be computed to include overhead and profit, identified separately, for both additions and credit, provided
however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed.
ARTICLE 12 -TIME FOR COMPLETION, LlOUIDATED 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 must be commenced on the date specified
in the Notice to Proceed and completed within the time specified for completion of the work.
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12.2 CONTRACTOR must 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 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 will be granted due conditions that 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 CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by
the City Manager, then CONTRACTOR must 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 will
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 will 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 will be
evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in
the Contract Time resulting from any such claim must 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 CONTRACTOR's sole remedy for delay caused by OWNER
will 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 will 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: CONTRACTOR agrees that he will not have any claim for damages due to delay
unless the delay exceeds 6 months , whether individually or cumulatively. and then the damages will 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 will be limited to an extension
of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting
delay. Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract
Price or p<lymp.nt or mmpf'nsation 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 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. CONTRACTOR and the city department responsible for the
administration of the Contract will 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 CONSULTANT
will rule on the disputed issue and send a written copy of its decision to CONTRACTOR.
CONTRACTOR must comply with such decision and may not delay the project.
ARTICLE 13 -GUARANTEE.
13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or
CONTRACTOR directly. all materials and equipment furnished and Work performed for patent Defective
Work for a period of one (I) year from the date of Final Acceptance as indicated in 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
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that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants
through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and
Work performed for three (3) years from the date of Final Acceptance as indicated in 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 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 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
CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby
incurred. The Performance Bond will 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, will take precedence over Section 13.1.
13 .3 CONTRACTOR must act as agent, on a limited basis for 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 CONTRACTOR, the City of South Miami may procure the articles or services from
other sources and hold 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 must be removed .
within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense.
Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager
will have the right to dispose of them as its own property and 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.
13.6 If equipment is being provided, the standard manufacturer's warranty information must be delivered to
OWNER for all equipment being proposed and, if required by the warranty, such equipment must be
installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to
the respondent/contractor, Respondent/Contractor must assign it to the City.
ARTICLE 14 -PAYMENTS AND COMPLETION.
Payments to Contractor
14.1 CONTRACTOR will 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 will 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), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and
signed by CONTRACTOR covering the Work performed during the period covered by the partial
payment estimate and supported by such data as CONSULTANT may reasonably require. All progress
payment applications after the first progress payment must 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 must also be accompanied by such supporting data, satisfactory to the City
Manager, which establishes 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. CONTRACTOR must
replace at its expense any stored materials paid for which are either damaged or stolen before
installation. 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 CONTRACTOR, indicating in writing his
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reasons for refusing to approve payment. In the latter case, 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 CONTRACTOR a progress payment on
the basis of the approved partial payment estimate. City Manager may retai n 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 will accrue to the benefit of OWNER.
14 .2 CONTRACTOR, before it receives final payment, must 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 will have the right to issue a joint check made payable to
CONTRACTOR and such person.
14 .3 Punch list
City Manager and CONTRACTOR will 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 will 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 will deliver the punch list to CONTRACTOR. If the Project relates to more
than one building or structure, or involves a multi phase project, the City Manager will 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 W an-a nn' of Title
14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an
Application for Payment whether the Work, material or equipment is incorporated in the Project or not,
will 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 CONTRACTOR or by any other person performing the Work at the site or furnishing
materials and equipment for the Project, under or pursuant to an agreement under which an interest
therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or
such other person .
A~proval of Payment
14.4 CONSULTANT's approval of any payment requested in an Application for Payment will constitute a
representation by him to OWNER, based on 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 CONTRACTOR is entitled to payment of the amount
approved. However, the approval of such payment does not mean and may not imply that
CONSULTANT 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 has made any examination to ascertain how or for what purpose
CONTRACTOR has used the moneys paid or to be paid to him, or that title to any Work, materials, or
equipment has passed to OWNER free and clear of any liens.
14.5 CONTRACTOR will not be entitled to be paid unless:
(a) the labor and materials listed on a payment application have been used in the construction of this
Work or, as to materials included in the request for payment that have not yet been incorporated into
the construction, such materials are on the site or stored at an approved location, and
(b) payment received from the last payment application has been used to fully pay for all the laborers ,
subcontractors and materials reflected in that request, other than amounts that are in dispute and that
are listed in the payment application with reasonable clarity as to the reason for withholding payment with
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the name, addresses and telephone number of the person whose request is being withheld . The payment
application must contain the forgoing statement and the statement must be certified by CONTRACTOR
as being true.
In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount
of money will be withheld from CONTRACTOR's payment until the issue is resolved by written
agreement between them and then a joint check will be made payable to the person in question and
CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by
OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money
will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any
third persons who are not signatories to the Contract.
14.6 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. r of Defective Work, or completed Work has been damaged requiring correction or replacement.
14.6 .2 the Work for which payment is requested cannot be verified ,
14.6 .3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable
filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications ,
14.6.5 OWNER has corrected 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 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 CONSULTANT, may use any completed or
substantially completed portions of the Work provided such use does not interfere with
CONTRACTOR's completion of the Work. Such use will not constitute an acceptance of such portions
of the Work.
14 .8 The City Manager has the right to enter the premises where the Work is being performed for the
purpose of doing Work not covered by the Contract Documents. This provision may not be construed
as relieving 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 CONSULTANT will 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 CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by OWNER, will be paid to
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 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 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 o f Final Payment as Release
14.1 I The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER
and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and
unresolved. The waiver includes 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,
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final or otherwise, will not release CONTRACTOR or its sureties from any obligations under the
Contract Documents or the Performance Bond and Payment Bonds.
14 .12 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
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
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 CONTRACTOR BY 20% in the case of Substantial Completion and 5% in
the case of Final Completion.
14 .13 If CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification ") by
CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial
Certification being issued which will 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 fo r a
period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and
CONSULTANT, which will fix the date on which Work will be resumed . Except for the City Manager's
exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6 .21 due to a state
of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the
Contract Time, or both , directly attributable to any suspension and if a claim is timely made and if it is
allowed under the terms of Articles I I or Article 12 .
Ci ry May Terminate
15.2 If 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 CONTRACTOR or for any its property, or if
he files a petition to take advantage of any debtor's act, or to reorganize under bankr uptcy or similar laws ,
or if he r epeatedly fa ils to supply sufficient skilled workmen or suitab le 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 CONSULTANT, or if he otherwise violates any provision of, the Contract
Documents, then the City Manager may , without prejud ice to any other right or remedy and after giving
CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of
CONTRACTOR and take possession of the Project and of all materials, equipment, tools , construction
equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method
it may deem expedient. In such case CONTRACTOR will 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
will be pa id to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the
Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER
will be determined by CONSULTANT and incorporated in a Change Order.
If after termination of CONTRACTOR under this Section , it is determined by a court of competent
jurisdiction for any reason that CONTRACTOR was not in default, the r ights and obligations of OWNER
and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5
15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not
affect any r ights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any
retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR
from liab ility.
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15.4 Upon seven (7) calendar days' written notice to CONTRACTOR and 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, CONTRACTOR will 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 will be made for profit for Work which has not been performed.
15.4A OWNER reserves the right in the event 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, CONTRACTOR, if
notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies
from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the
City Manager will have the right to remove them at the expense of CONTRACTOR and
CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or
supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR
has been paid in whole or in part.
ContractOr May Stop Work or Terminate
15.6 If, through no act or fault of 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 CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is
submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty
(30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20)
calendar days written notice to the City Manager and CONSULTANT, terminate the Contract. The City
Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by
OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract, if
CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any
payment as afore said, CONTRACTOR may upon ten (10) calendar days' notice to the City Manager and
CONSULTANT stop the Work until it has been paid all amounts then due.
Indemnification of Independent Consultant.
15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent
contractor of OWNER, CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of
the Contract Documents. Therefore, OWNER, at CONSULTANT's request, agrees to provide
CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold
CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an
interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final
Completion, certifies an event of default, or approves any action which requires the approval of
CONSULTANT.
ARTICLE 16 -MISCELLANEOUS.
16 .1 Whenever any provision of the Contract Documents requires the giving of written notice it will 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 are the property of OWNER. CONTRACTOR and CONSULTANT will 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, will be in
addition to, and will 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 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 must be made in writing to the other party within twenty-one (21) calendar days of
the first observance of such injury or damage.
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ARTICLE 17· WAIVER OF IURY 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 IURISDICTION I VENUE I GOVERNING LAW.
18.1 The Contract will 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. The parties agree that venue
of any action to enforce the Contract is 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 CONTRACTOR arising out of or relating to this
Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of
Florida.
ARTICLE 19 . PROJECT RECORDS.
19.1 The City Manager has the 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 will 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 must provide City Manager access to its books and records upon five (5) business day's
written notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.070 I) while providing services on behalf of OWNER and CONTRACTOR, under such conditions,
must 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 must 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 must
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
has the right to enforce this contract provision by specific performance and the person who violates this
provision is 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.
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ARTICLE 20 -SEVERABILITY.
20.1 If any provision of the Contract or the application thereof to any person or situation is , to any extent,
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 is held invalid or unenforceable will not be affected
thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law .
ARTICLE 21 -INDEPENDENT CONTRACTOR.
21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by
CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by
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 must be those of
CONTRACTOR.
ARTICLE 22 -ASSIGNMENT.
22.1 CONTRACTOR may 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 CONTRACTOR's rights. The City Manager may, in the manager's sole and absolute
discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any
event, OWNER is not obligated to 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 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 CONTRACTOR.
ARTICLE 23 -FORCE MAIEURE.
23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force
majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have
been reasonably foreseen, prevented or avoided . For this purpose, such acts or circumstances include, but
not limited to, weather conditions affecting performance, floods, epidemics , war, riots , strikes, lockouts, or
other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the
parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably
possible.
ARTICLE 24-E-VERIFY(448.095(2)
24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat ..
Contractor and its subcontractors must register with and use the E-Verify system to verify work
authorization status of all employees hired after January I, 2021.
24.1 .1 Contractor must require each of its subcontractors to provide Contractor with an affidavit stating
that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records
retention requirements of this Agreement.
24 .1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with
which it is contracting has knowingly violated Section 448.09( I), Fla . Stat. or the provisions of this
section must terminate the contract with the person or entity.
24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section.
but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must
immediately terminate the contract with the subcontractor.
24 .1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not
be considered such .
24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20
calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c.
above.
24. t.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this
Section by Contractor, Contractor may not be awarded a public contract for at least one (I) year.
Contractor further acknowledges that Contractor is liable for any additional costs incurred by the
City as a result of termination of any contract for a violation of this Section.
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24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontractS the clauses set forth in
this Section, including this Subsection, requiring the subcontractors to include these clauses in any
lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance
is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge
their inclusion as part of the Contract Documents on this __ day of . 20 __ ,
ATTESTED :
Signature: ___________ _
Nkenga A. Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature: _::------:-________ _
City Attorney
CONTRACTOR: ____________________ __
Signature: _____________ _
Print Signatory's Name: _____________ _
Title of Signatory: _____________ _
OWNER: CITY OF SOUTH MIAMI
Signature:
Shari Kamali
City Manager
END OF SECTION
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EXHIBIT 6
Supplementary Conditions
CONSTRUCTION CONTRACT
DANTE FASCELL ART IN THE PARK
RFP#PW2021-44
A. Consultant: In accordance with ARTICLE I ofthe General Conditions the consultant (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. CONSULTANT's, if
any, and OWNER's Designated Representative's name, address, telephone number and facsimile number
are as follows:
Consultant: Marlin Engineering, Inc.
6840 NW 77 Court
Miami, FL 33166
Ph : 954/870-5070
B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating
the services of CONSULTANT or from substituting another "person" to act as CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished One (I) sets of Contract
Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost
to 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 I Attachments A, B. & C to the RFP and if there is a conflict the
attached Exhibit will take precedence.
E. Contractor must comply with the insurance and indemnification requirements is set forth in the RFP and in
the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached
Exhibit will take precedence.
F. The Work must be completed in 15 calendar days unless a shorter time is set forth in the Contract and
in such event the Contract will 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 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, CONTRACTOR represents, by submitting its proposal to the City Manager, that
CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such
resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the
conflicts, errors or discrepancies.
I.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as part of the Contract on this __ day of , 20 __ ,
CONTRACTOR: ______________________ __
Signature: ______________ _
Print Signatory's Name:, ______________ _
Title of Signatory: ______________ _
86 of 89 101
ATTESTED:
Signature: __________ _
Nkenga A. Payne
City Clerk
Read and Approved as to Form . Language.
Legality. and Execution Thereof:
Signature: __________ _
City Attorney
OWNER: CITY OF SOUTH MIAMI
Signature: ___________ _
Shari Kamali
City Manager
END OF SECTION
87 of 89 102
EXHIBIT 7
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
DANTE FASCELL ART IN THE PARK
RFP#PW2021-44
The following procedures will be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, means a response to a solicitation, including requests for proposals,
requests for a letter of interest and requests for qualifications.
i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be
aggrieved in connection with any formal solicitation or who intends to contest or object to any
bid specifications or any bid solicitation shall file a written notice of intent to file a protest with
the City Clerk's office within three calendar days prior to the date set for opening of bids. A
notice of intent to file a protest is considered filed when received by the City Clerk's office by
e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the
date and time of receipt of a notice of intent to file a protest. Any actual responsive and
responsible bidder who perceives itself to be aggrieved in connection with the recommended
award of a contract and who wishes to protest the award, shall file a written notice of intent to
file a protest with the City Clerk's office within three calendar days after the City Commission
meeting at which the recommendation is considered for action. A notice of intent to file a
protest is considered filed when received by the City Clerk's office bye-mail or, if hand
delivered, when stamped with the City Clerk's receipt stamp containing the date and time of
receipt.
ii . Protest of solicitation . A protest of the solicitation or award must be in writing ("Protest
Letter") and submitted to the City Clerk's office within five calendar days after the date of the
filing of the notice of intent to file a protest. The Protest Letter is considered filed when the
Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk's
office. In order for the Protest Letter and filing fee to be considered timely delivered by hand
delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a
copy of the Protest Letter and the date stamp must also appear on a copy of the check issued
for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the
Clerk's office reflecting the date of receipt of the payment. While the Clerk may accept the
Protest Letter by email, the Protest Letter shall not be considered to be timely received until
and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment
is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a
copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the
date of receipt. The Protest Letter shall state with particularity the specific facts and law upon
which the protest is based, it shall describe and attach all pertinent documents and evidence
relevant and material to the protest and it shall be accompanied by any required filing. The basis
for review of the protest shall be the documents and other evidence described in and attached
to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically
described in and attached to the Protest Letter at the time of its filing shall be permitted or
considered in support of the protest.
iii. Computation of time. No time will be added to the above time limits for service by mail. The
last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal
holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or
legal holiday.
iv . Challenges. The written protest may not challenge the relative weight of the evaluation criteria
or any formula used for assigning points in making an award determination, nor shall it challenge
88 of 89 103
the City's determination of what is in the City's best interest which is one of the criteria for
selecting a bidder whose offer may not be the lowest bid price.
v. Authority to resolve protests. The Purchasing Manager, after consultation with the City
Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid
Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the
protesting party. The City Manager may then, submit a recommendation to the City
Commission for approval or disapproval of the protest, resolve the protest without submission
to the City Commission, or reject all proposals.
vi. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter
filed pursuant to the requirements of this section, the City shall not proceed further with the
solicitation or with the award or execution of the contract until the protest is resolved by the
City Manager or the City Commission as provided in subsection (e) above, unless the City
Manager makes a written determination that the solicitation process or the contract award
must be continued without delay in order to avoid potential harm to the health, safety, or
welfare of the public or to protect substantial interests of the City or to prevent youth athletic
teams from effectively missing a playing season.
END OF DOCUMENT
89 of 89 104
EXHIBIT 4
CONSTRUCTION CONTRACT
DANTE FASCELL ART IN THE PARK
THIS CONTRACT was made and entered into on this 1 sf day of Oc:c;'c , 20~.
by and between Unitec Inc. (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").
Contractor. for the consideration set forth herein. hereby agrees with Owner as follows:
I. Contractor must 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
must do everything required by this Contract and the other Contract Documents hereinafter referred to
as the Work.
2. The Contract Documents must 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
Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein.
3. Contractor must commence the Work to be performed under this Contract on a date to be speCified in a
Notice to Proceed and must complete all Work hereunder Within the length of time set forth in the
Contract Documents.
4. Owner hereby agrees to pay to 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:
5.
6.
7.
8.
Thirty f::lur thcusand sixty hundred ei~;ht y-fj v e and forty-threc c,e n/'Is
Do ars ($ 34,685 .~
(Spell Dollar AmOUnt above) ("Contract Price").
The expenses of performing Work after regular working hours. and on Sunday and legal holidays must 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 will have no right to additional
compensation for such work. However. nothing contained herein authorizes work on days and during hours
that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City.
If the Work is expected to require more than one month, Owner will make monthly partial payments to
Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by Contractor. less the retainage (all as provided for in the Contract
Documents). which is to be withheld by Owner until completion and acceptance of the complete project in
accordance with this Contract and the other Contract Documents and until ~uch Work has been accepted
by the City.
Upon submission by Contractor of evidence satisfactory to Owner that all labor, material. and other costs
incurred by 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 must be made within sixty (60) calendar days after the completion by Contractor of all
Work covered by this Contract and the acceptance of such Work by Owner.
The Work must be completed in 15 calendar days. In the event that Contractor fails 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 must be paid by Contractor at the rate of $2,500,00 dollars per day,
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 exectJtion of t.his Contract and the Bond for its faithful performance
and payment, the City deems 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. Contractor must, 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 are satisfactory to the City. In such event, no further payment to Contractor
will 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 may 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.
I I. 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.
I 2. All provisions. conditions and restrictions contained in the bid document entided Instructions to
Respondents are made a part of this agreement by reference. Any conflict between that document and
this contract or the exhibits to this contract are to be resolved by the City Manager in the managers sole
and absolute discretion.
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 will, without proof
or accounting for the other counterpart, be deemed an original Contract.
CONTRA CTOr lJnITec1m: =-r
Signature: L./lLM ~
Print Signatory's Name: _K_a_ti _us_k_'a_H_L!_ri_e_s ________ _
Tide of Signatory: ___ P_re_s_i_de_n_t ________ _
ATTESTED:
S;""w.-e k ":~~
Nke A. Pay
Ci ty Cl erk
Read and Approved as to Form. Language,
Legality, and Execution Thereot.
Si ."tu,~~
City Attorney -;~
ARTI CLE I -PEFINITIONS
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
DANTE FASCELL ART IN THE PARK
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the
meaning indicated. These definitions always apply when the secti on of the Contract specifically refers to th is
Article for the purpose of interpreting a word or group of wo rds in that section of the Contract Document.
However, when the section of the Contract, where the word [0 be defined is used , does not spe-cificaUy refers to
this Article to define the word or group of words. the definitions contained in this Article will 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 do not apply to interpret terms in a specific prOVision of
a Contract Document if that specific provision contains a definition of the term in question:
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 Payme nc A form approved by the City's consultant (CONSULTANT), if any, or the City Manager
which is to be used by 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, fumished by
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of Florida.
Chan ge Order. A written order t o 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 Pro posals: Written proposals from CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item
pricing, where there are multiple locatio ns , and the timeframe for completing the work.
Dey; The City Manager for the City of South Miam i, 6130 Sunset Drive, South Miami, FL 33143, or manager's
des ignee. un le.ss the context wherein the word is used should more appropriately mean the City of South Miami.
City Manager: Includes the City Manager's designee.
Constru ction Observer; An authorized representative of CONSULTANT, if any. or otherwise a representative of
OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR
will be notified in writing of the identity of this representative.
Contract Documents; The Contract Documents include. the Contract between OWNER and 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.
includ ing any incorporated specifi cations. addenda to the drawings issued pri or to execution of the Contract,
Change Orders, Construction Change Directives and any written order (or a mi nor change in the Work. and
written modifications to any of t he Contract Doc uments .
Contract Price; The total moneys payable to 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 Officer; 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.
CONSULTANT: The person Identified as CONSULTANT !n the Supplementary Conditions or, if none, then
OWNER's designated representative as identified in the Supplementary Conditi ons.
Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it will be presumed
to be a calendar day unless specifically designated as a business day.
Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers
commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any 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 will not be included. The last day of the period so computed will be included unless it is a Saturday,
Sunday or legal holiday, in which event the period will run until the end of the next business day that is nor a
Saturday. Sunday or legal holiday.
Defective Work: Work that is unsatisfactory. faulty. or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection. reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to 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 perfonned and which have been
prepared or approved by 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 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 CONSULTANT in accordance with
paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by 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 co 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 will commence to run and on which CONTRACTOR must start to
perform its obligations under the Contract Documents.
Owner. The City of South Miami.
Person: An individual or legal entity.
Proiect: The entire construction operation being performed as delineated in the Contract Documents.
Policy: The term "policy" as used In the Contract Documents means 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
CONTRACTOR, a Subcontractor. manufacturer. supplier. or distributor, and which illustrate the equipment,
material or some portion of the work and as required by the Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
Specifications; Those portions of the Contract Documents consisting of written technical descriptions of
materials, eqUipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor: An individual. firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Completion: The date, as certified by 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 will 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 CONSULTANT,
will 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.
Supplier: 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.
~ The individual or entity who is an obligor on a Bond and who is bound with 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 means and includes all written notices, demands. instructions, claims,
approvals and disapprovals required to obtain compliance with Contract requirements. Written notice will 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 must be delivered to City Manager
and CONSULTANT.
ARTICLE 2 -PRELIMINARY MATTERS
~
2.1 The City Manager reserves the right to reject any and all Bids, at its sQle discretion. Bids will be
awarded by OWNER to the lowest responSive and responsible Bidder. No Notice of Award will 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 will issue the Notice of
Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of
Bids.
Execution of Contra ct
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 must 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 will. without proof or accounting for
the other counterpart be deemed an original Contract Document.
Forfeiture of Bid Securi ty/Performance and Payment Bond . if any are required by the apolicable REP;
2.3 Within ten (10) calendar days of being notified of the Award. CONTRACTOR must furnish a
Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and
Payment Bond attached.
2.3. I Each Bond must 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 must 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 must 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 must ensure
that the Bond(s) referenced above are 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 must 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 OWNER will 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 will 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 Re presentation:
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 will commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work may be done at the site (as defined in Article I). 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 must carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither OWNER nor CONSULTANT will 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 will CONTRACTOR be entided to any compensation
for any harm, damage or loss suffered by CONTRACTOR due to any conflict. error. or discrepancy in
the Contract Documents.
Schedule of Completion:
2.B Within Five (5) business days after delivery of the Notice to Proceed by City Manager to
CONTRACTOR. CONTRACTOR must submit to CONSULTANT for approval. an estimated
construction schedule indicating the starting and completion dates of the various stages of the Work. and
a preliminary schedule of Shop Drawing submissions. CONSULTANT will 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 will 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 will 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 OWNER'S representative, CONSULTANT,
Resident Project Representatives, CONTRACTOR and its Superintendent.
O ualifications of Subcontractors. Material men and Su ppli ers:
2. I 0 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
must submit to the City Manager and 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. CONSULTANT will notify
CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any
Subcontractor, person, or organization on such list The failure of the City Manager or CONSULTANT
to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar
days of the receipt will constitute an acceptance of such Subcontractor, person or
organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver
of any right of OWNER or CONSULTANT to reject defective Work, material or equipment. or any
Work, material or equipment not in conformance with the reqUirements of the Contract Documents.
2.1 I If, prior to the Notice of Award, the City Manager or 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, will 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 CONTRACTOR. They may be altered only by a modjfication 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
must. before proceeding with the Work affected thereby, immediately call it to CONSULTANTs
attention in writing. The various Contract Documents are complementary; in case of conflict. error or
discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to
OWNER will apply
3.3 The words "furnish" and "furnish and install", "install", and "prOVide" or words with similar meaning will
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, must be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories must be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, as specified for the maior component of which the
miscellaneous item or accessory is an essential part, and will be approved by CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as
obtain the best workmanship possible for the entire Project, and all components of the Work must be
installed or erected in accordance with the best practices of the particular trade.
3.6 CONTRACTOR will 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 CONTRACTOR is prevented from complying with this prOVision due to the Drawings or
Specifications, CONTRACTOR must immediately notify CONSULT ANT in writing of such limitations
before proceeding with construction in the area where the problem exists.
3.7 Manufacturer's literature, when referenced, must 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 will 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, will 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 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", CONTRACTOR must 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 will be made by CONSULTANT as set forth in Section 9.3 below.
3.11 CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the
Contract Documents and CONSULTANT will make the final decision as to which of the documents will
take precedence. If there is a conflict between or among the Contract Documents, only the latest
version will apply and the latest version of the Contract Documents. CONSULTANT must 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)
(g)
(h)
(i)
{j)
Written or figured dimensions
Scaled dimensions
DraWings of a larger scale
Drawings of a smaller scale
Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 -AVAILABILITY OF LANPS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 OWNER will 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
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 CONTRACTOR'S convenience will be the responsibility of
CONTRACTOR.
CONTRACTOR must 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 Conditions:
4.3 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 to and during
prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the
character. quality and quantity of surface and subsurface materials or obstacles to be encountered insofar
as this information is reasonably ascertainable from an inspection of the site, including a" 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 CONTRACTOR to acquaint itself with the available
information will not relieve it from responsibility for estimating properly the difficulty or cost of
successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations
made by CONTRACTOR on the basis of the information made available by OWNER! CONSULTANT.
Differing Site Conditions:
4.4 CONTRACTOR must 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
4.4.2 Unknown physical conditions at the site. of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character prOVided for in this
Contract. The City Manager will 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
CONTRACTOR'S cost of, or the time reqUired for. performance of any part of the Work under
this Contract, an equitable adjustment will be made and the Contract modified in writing
accordingly.
4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the
notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the
City Manager, but only if done in writing signed by the City Manager or CONSULTANT.
ARTICLE 5 -INSURANCE Contractor must comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES
S.Yp ervision and Su perintendence:
6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means.
methods. techniques. sequences and procedures of construction. CONTRACTOR must employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who must be designated in writing by CONTRACTOR. before CONTRACTOR commences the
Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The
Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and a"
communications given to the Supervisor will be as binding as if given to CONTRACTOR. The
Supervisor(s) will always be present at each site as required to perform adequate supervision and
coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to
CONTRACTOR'S home office).
6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings. Addenda.
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
all changes made during the construction process. These must be available to 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.
will be made available to City Manager at all times and it must be delivered to the City Manager
upon completion of the Project.
Labor. Materia ls and Equ ipmen.t:
6.2 CONTRACTOR must provide competent, suitably qualified personnel to layout the Work and perform
construction as required by the Contract Documents. It must always maintain good discipline and order
at the site.
6.3 CONTRACTOR must 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 must 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 must be delivered to the site in their original
packages or containers with seals unbroken and labels intact.
6.5 All materials and equipment must 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. Materia ls. Eauiomenr. Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed
materials. equipment or products. together with such samples as may be necessary for them to determine
their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract
unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment
will be approved until this list has been received and approved by CONSULT ANT.
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 is 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 must be considered. 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 CONSULTANT, such material, article, or piece of equipment is of equal substance
and function to that specified. CONSULTANT may approve its substitution and use by
CONTRACTOR. Incidental changes or extra component partS required to accommodate the
substitute will be made by CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who
will be the judge of quality.
6.6.3 Delay caused by obtaining approvals 'for substitute materials will not be considered justifiable
grounds for an extension of construction t ime.
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 must 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 must be done at the
expense of CONTRACTOR.
6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any
Subcontractor that are subject to any chattel mortgage or under a conditional sale or other
agreement by which an interest is retained by the Seller. 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
plans and drawings. Upon written notification of rejection. items must be removed or un installed
within five (5) business days by CONTRACTOR at his own expense and redelivered andlor
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be
regarded as abandoned and OWNER will have the right to dispose of them as its own property
and 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
CONTRACTOR being found in default.
6.6.7 In case of default by CONTRACTOR. the City of South Miami may procure the articles or
services from other sources and hold CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.6.8 OWNER reserves the right, in the event 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 CONTRACTOR may not employ any Subcontractor. against whom the City Manager or CONSULTANT
may have reasonable objection. nor will CONTRACTOR be required to employ any Subcontractor who
has been accepted by the City Manager and CONSULTANT. unless CONSULTANT determines that
there is good cause for doing so.
6.8 CONTRACTOR is 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 CQntract Documents create any contractual relationship
between OWNER or CONSULTANT and any Subcontractor or other person or organization having a
direct contract With CONTRACTOR. nor may it create any obligation on the part of OWNER or
CONSULT ANT to payor 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
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 does not control
CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any
specific trade.
6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of
the Contract Documents for the benefit of OWNER.
6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor.
6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men
engaged upon their Work.
6.12.1 CONTRACTOR must inserted in all subcontracts relative to the Work appropriate prOvisions to
bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other
Contract Documents insofar as applicable to the Work of Subcontractors, and give
CONTRACTOR the same power as regards to terminating any subcontract that City Manager
may exercise over CONTRACTOR under any provisions of the Contract Documents.
6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent
or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed
by CONSULTANT in writing.
6.12A Discrimination: No action may 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 must be made a part of the
subcontractor's contract with CONTRACTOR.
Patent Fees and Ro yal ties:
6.13 CONTRACTOR must pay all license fees and royalties and assume all COstS incident to the use of any
invention, design, process or de·;ice which is the sLibject of patent rights or copyrights held by
others. CONTRACTOR must indemnify and hold harmless OWNER and 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 must defend all such claims in connection with any alleged infringement of such rights.
6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any
materials, appliances, articles or systems prior to bidding. However, he is not responsible for such
determination on systems which do not involve purchase by them of materials. appliances and articles.
Permits:
6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must 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 OWNER and when so stated
in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist
CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay
all public utility charges.
Electrical Power and lighting:
6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as
required by it. This service must be installed by a qualified electrical Contractor approved by
CONSULTANT. lighting must be provided by CONTRACTOR in all spaces at all times where necessary
for good and proper workmanship, for inspection or for safety. No temporary power may be used off
temporary lighting lines without specific approval of CONTRACTOR.
laws and Regulations:
6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules and regulations applicable to the
Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must
give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an
appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws.
ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs
arising there from; however, it will not be its primary responsibility to make certain that the Drawings and
Specifications are in accordance with such laws, ordinances, rules and regulations.
Discrimination:
6.17 A No action may be taken by 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 CONTRACTOR is liable under the
Contract must be included in the Contract Price stated by CONTRACTOR.
Safety and prorecrion:
6.19 CONTRACTOR is be responsible for initiating. maintaining and supervising all safety precautions and
programs in connection with the Work. They must take all necessary precautions for the safety of, and
must 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.
6.20 CONTRACTOR must designate a responSible member of their organization at the site whose duty must
be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise
deSignated in writing by CONTRACTOR to the City Manager.
Emergencies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is
obligated to act, at his discretion, to prevent threatened damage, injury or loss. He must give
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an
emergency which arose from causes beyond his coritrol entitles him to an increase in the Contract Price
or an extension of the Contract Time, he may make a claim therefore as provided in Articles II and 12.
The City Manager reserves the right, in the City Manager's sale and absolute discretion and when in the
best interest of the City, 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 an
emergency by the Governor, Mayor of Miami-Dade County or by the City Manager pursuant to the City
Manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances. In such
event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed
and any costs advanced that cannot be mitigated by CONTRACTOR.
ShOD Drawings and Samples:
6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for
review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at
CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by
and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified
as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect
to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review
the information without any unnecessary investigation.
6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no
delay in Work, all samples reqUired by the Contract Documents.
All samples must have been checked by and stamped With the approval of 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, CONTRACTOR must notify CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the reqUirements of the Contract Documents.
6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is
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. CONTRACTOR must make any corrections required by
CONSULTANT and must return the required number of corrected copies of Shop Drawings and
resubmit new samples until the review is sat isfactory to CONSULTANT. CONTRACTOR must notify
CONSULTANT, in writing. of any prior Shop Drawing or rev isions to Shop Drawings that are in conflict
with each submission or re-submission. CONTRACTOR'S stamp of approval on any Shop Drawings or
sample will constitute representation to OWNER and CONSULTANT that 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 may be commenced until the submission has
been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each
approved sample must be kept in good order. in a book or binder, in chronological order or in such other
order required by CONSULTANT in writ ing , by CONTRACTOR at the site and must be available to
CONSULTANT.
6.27 CONSULTANT's review of Shop Drawings or samples will not relieve CONTRACTOR from his
responsibility for any deviations from the requirements of the Contract Documents unless
CONTRACTOR has informed CONSULTANT, in writing, to each deviation at the time of submission
and CONSULTANT has given written approval to the specific deviation, nor may any review by
CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop
Drawings or samples.
6.27 A CONTRACTOR is be liable to OWNER for any additional cost or delay that is caused by its failure to
notify 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 CONTRACTOR must 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, CONTRACTOR must 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,
CONTRACTOR must 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 must 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 CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to CONTRACTOR.
public Convenience and Safety;
6.30 CONTRACTOR must, 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 must be provided for in a satisfactory manner. consistent with the
operation and local conditions. "Street Closed" signs must 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, CONTRACTOR must 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 must be prOVided and maintained at all times.
Sanitary Provisions:
6.31 CONTRACTOR must 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 must be kept
in a clean and sanitary condition and must comply with the requirements and regulations of the Public
Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and
sanitary facilities must be removed upon completion of the Work and the premises must be left clean.
Indemnification:
6.32 Contractor must 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. must defend
such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided
above obligates 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 CONSULT ANT, excluding only those claims that allege that the
injuries arose out of the sole negligence of OWNER or CONSULTANT.
6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of
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 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 will survive the term of the Contract to which these
General Conditions are a part. Indemnification may 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 CONTRACTOR, CONTRACTOR's
subcontractors, sub-subcontractors. materialmen, or agents of any tier or their respective employees to
the extent caused 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.
Re sponsibili ty fo r Conne cti on to Exis ti ng Wor k:
6.35 CONTRACTOR must 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., must
be done in accordance with requirements of the special conditi ons. OWNER will be r esponsible for
obt aining all permits necessary for the Work desc ri bed in this paragra ph 6.3 6. Upon completion of the
Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
6.36.2 CONSULT ANT is 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, sufficiendy early in the
construction period to prevent any adverse effect on the Project.
Coo~rati o n with Governmental Departments, Pu bliC Utilities, Etc,;
6.37 CONTRACTOR is 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 contro lling ro adways. railways . water, sewer, gas , electrical conduits. telephone, and
tel egraph facilities such as pavem ents , trac ks , 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 CONTRACTOR desires to relocate the item. CONTRACTOR must
give all proper notices, must comply with all requirements of such third parties in the performance of his
Work, must permit entrance of such third parties on the Project in order that they may perform their
necessary work, and must pay all charges and fees made by such third parties for their work.
6.37.1 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. CONTRACTOR must cooperate with the above parties in every way
possible, so that the construction can be completed in the least possible time.
6.37.2 CONTRACTOR must be 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 Prem ises :
6.38 CONTRACTOR must 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 may
not unnecessarily encumber any part of the site or any areas off site.
6.38 .1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor may it subject any work to stresses or pressures that will
endanger it.
6.38 .2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of
automobiles of its employees , subcontractors and other personnel, as well as that of the material
delivery trucks and other vehicles that come 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
must be fenced to protect the job site and the general public.
6.33.5 CONTRACTOR must furnish, install and maintain adequate construction office fucilities for ail
workers employed by it or by its Subcontractors . Temporary offices must be provided and
located where directed and approved by CONSULTANT. All such facilities must be furnished in
strict accordance with existing governing regulations. Field offices must include telephone
facilities.
Protection of Existing Prp ce m lmerovemems
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 must be protected from damage during construction of the
Project. Any such improvements damaged during construction of the Project must be restored at the expense
of CONTRACTOR to a condition equal to that existing at the time of award of Contract.
ARTICLE 7 -WORK BY OTHERS,
7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor
which must contain General Conditions similar to these. CONTRACTOR must 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 must properly connect and coordinate its Work with theirs.
7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any
defects or deficiencies in such Work that render it unsuitable for CONTRACTOR's Work.
7.3 CONTRACTOR must 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. CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise
altering their Work and may only cut or alter their Work with the written consent of 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 will be given to
CONTRACTOR prior to starting any such additional Work. If CONTRACTOR believes that the
performance of such additional Work by OWNER or others will cause CONTRACTOR additional
expense or entitles 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, CONTRACTOR must build around the work of other separate contractors or must
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 will require specific approval of CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate
contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all
patching and finishing of the work of other contractors where it is cut by them and such patching and
finishing will 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 must 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 must 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 CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT
immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by
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 will be CONTRACTOR's cost.
7.10 The City Manager reserves the right in the event 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 CONTRACTOR through CONSULT ANT.
8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a
CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT.
8.3 The City Manager will promptly furnish the data required of them under the Contract Documents.
8,4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 OWNER will have the right to take possession of and use any completed or partially completed portions
of the Work, notwithstanding the fact that the time for completing the entire Work or any portion
thereof may not have expired; but such taking possession and use will not be deemed an acceptance of
any Work not completed in accordance with the Contract Documents.
ARTICLE 9-CONSULTANTS' STATUS DURING CONSTRUCTION.
Ci ty's Reoresentative:
9.1 CONSULTANT will be OWNER'S representative during the construction period. The duties and
responsibilities and the limitations of authority of CONSULTANT as OWNER'S representative during
construction are set forth in Articles I through 16 of these General Conditions and will not be extended
without written consent of the City Manager and CONSULTANT.
9.1.1 CONSULTANT's decision, in matters relating to aesthetics, will 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
matters in question between OWNER and CONSULTANT arising out of or relating to this
Contract or the breach thereof, will be decided in a court of competent jurisdiction within the
State of Florida.
Vis its to Site;
9.2 CONSULTANT must provIde an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proceeding in accordance with the Contract Documents. His efforts must be directed toward providing
assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the
Construction Documents and applicable laws, rules and regulations. On the basis of these on site-
observations as an experienced and qualified design professiorial, he must keep the City Manager informed
of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarification s and In temretations:
9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of
the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If
CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and/or interpretation, it will be required to submit a timely claim as provided in
Articles I I and 12.
Measuremen.t of Quantities:
9,4 All Work completed under the Contract will be measured by CONSULTANT according to the United
States Standard Measures. All linear surface measurements will be made horizontally or vertically as
required by the item measured.
Re jecting Defective Work:
9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in
Article I. It will also have authority to require special inspection or testing of the Work including Work
fabricated on or off site, installed or completed as provided. If CONSULTANT requires testing of
completed Work, the COSt of such inspectio ns and/or testing must be approved in writing by the City
Manager. All consequential cOSt of such inspections and testi ng. including but n<?t Ilmi ted to the cost Qf
testing and inspection, the cost of repairing any of the Work, or the work of others, the COSt co move
furniture and equipment and/or the cost to provide alternative facilities until the repair work can be
completed, must paid by CONTRACTOR if the Work is found to be Defective Work.
Sh p-Drawings . Change Orders an d Payments:
9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25
through 6.28, inclusive.
9.7 In connection with CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12.
9.B In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see
Article 14.
Decisions on Disagreements:
9.1 0 CONSULTANT will be the initial interpreter of the Construction Documents.
Limitations o n Consultant's Responsibilities:
9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or
procedures, or the safety precautions and programs incident thereto.
9.12 CONSULTANT will not be responsible for the acts or omissions of 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 will only be authorized by a written Change
Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All
such Work must 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 CONTRACTOR indicates their
agreement to the terms of the Change Order. All Change Orders must be certified by 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 will result in a waiver of any extension of time due to the
change in the work as reflected in the Change Order.
I 0.2 CONSULTANT may authorize minor changes or alterations in the Work Qot involving extra cost and not
inconsistent with the overall intent of the Contract Documents without the need for a formal written
Change Order provided CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that
any change or alteration authorized by CONSULTANT's Field Order would entitles 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 with.in four (4) days thereafter, otherwise CONTRACTOR will be
deemed to have waived such claim.
1003 Additional Work performed by CONTRACTOR without authorization of a written Change Order will
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 6.21 and except as provided in paragraph 10.2.
10.4 The City Manager will execute appropriate Change Orders prepared by CONSULT ANT covering
changes in the Work, to be performed as prOVided in paragraph 4.4, and Work performed in an
emergency as prOVided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the
Contract Time or the Contract Price which is approved by CONSULTANT.
10.5 It is 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 will be
adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager
before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR
prOVides such proof of adjustment in the Bond amount and any such delay will be charged to
CONTRACTOR.
ARTICLE I I -CHANGE OF CONTRACT PRICE.
11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the
Work. All dudes. responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at
its expense without changing the ContraCt Price.
I 1.2 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 lim ited to changes to or in:
I 1.21 Specificati ons (I nclud ing drawings and designs);
1 1.2.2 Method or manner of performance of the Work.
11.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or
I 1.2.4 Acceleration in the performance of the Work.
11.3 Except as provided in this section, or sections r eferred to in this section, no order, statement, or conduct
of the City Manager will be treated as a Change Order or entide 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.
1104 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City
Manager in writing. CONTRACTOR must perform the Work even if CONTRACTOR does not agree
with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in
CONTRACTOR'S cost of, o r the time required for, t he performance of any part of the Work under this
Contract, for which the City Manager and CONTRACTOR cannot r each a timely agreemen t, an equitable
adjustment based on the cost of the Work will be made and the Contract modified accor.ding ly.
11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written
Change Order. submit to the City Manager and CONSULTANT a written notice including a statement
setting forth the general nature and monetary extent of such claim for equitable adjustment, time
extension requested and supporting data. In determining the cost of the Change Order, the costs will be
limited to those listed in section 11.7 and I 1.8.
11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not subm itted 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 'Dr of any claim for an increase or decrease in the
Contract Price will be determined in one of the follOWing ways:
11.7.1 By negotiated lump sum.
11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to CONTRACTOR to cover overhead and profrt: not to exceed 15%. If
CONTRACTOR disagrees with CONSULTANT's determination of reasonable costs. the
CONTRACT must 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
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami-
Dade County and may only include the follOWing items:
I 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
must be apportioned on the basis of their time spent on the Work. Payroll cOsts must be limited
to: salaries and wages. plus the costs of fringe benefits which may include social security
contributions, unemployment, excise and payroll taxes, workers' compensation. health and
rerirement benefits, sick leave. vacation and holiday pay applicable thereto. Such employees may
indude superintendents and foremen at the site. The expenses of performing Work after regular
working hours. on Sunday or legal holidays will be included in the above only if authorized by
OWNER and prOVided it was not in any way, whether in whoie or in part the result of the fault of
CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due
in whole or in part to Defective Work of CONTRACTOR.
I 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. CONTRACTOR must notify the City Manager of all cash discounts that are available
and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for
items that offer a discount. Cash discounts will accrue to CONTRACTOR unless
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 will
accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus
materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so
that they may be obtained.
II.B.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from
Subcontractors acceptable to him and must deliver such bids to City Manager who will then
determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may
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 will be determined in accordance this section II.B and in such case the word
"Subcontractor" will be substituted for the word "CONTRACTOR".
I 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 the costs of transportation,
loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of
said rental agreements. The rental of any such equipment. machinery or parts must cease when
the use thereof is no longer necessary for the Work
I 1.8.5 Sales, use or similar taxes related to the Work. and for which CONTRACTOR is liable, imposed
by any governmental authority.
I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
I 1.8.7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
11.8.9 Cost of premiums for additional Bonds and insurance reqUired solely because of changes in the
Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
11.9 The term "Cost of the Work" does NOT include any of the following:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers,
agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR
whether at the site or in its principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in Subparagraph 11.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
I 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.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 11.8.9).
11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not speCifically
and expressly included in Paragraph I 1.8.
I 1.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be
determined as follows:
I 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
11.10.2 A mutually acceptable fixed percentage (not to exceed 15%).
11.11 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 II.B. When both additions and credits are involved in anyone change. the net will
be computed to include overhead and profit, identified separately. for both additions and credit, provided
however. CONTRACTOR will 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 th e essence to this contract and the date of beginn ing and the time for completion of the Work
are essential cond ition s of the Contract. Therefore. the Work must be commenced on the date specified
in the Notice to Proceed and completed within the time specified for completion of the work.
12.2 CONTRACTOR must 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 CONTRACTOR and City
Manager. that the Contract Tlme for the completion of the Work described herein Is a reasonable time.
taking into consideration the aver'age climatic and economic conditions and other factors prevailing in the
locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of
or should have known of before bidding on the project or due co inclement weather. except as provided
in section 12.7.
12.3 If CONTRACTOR fails to complete the Work within the Contract Time. or extension of time granted by
the City Manager, then CONTRACTOR must pay to OWNER the amount of liqUidated damages as
specified in the Concraa Documents for each calendar day after the scheduled date for completion as
adjusted by written Change Orders that extended the completion date.
12.11 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability
to obtaJn full u:;e of the Project. Liquidated damages are hereby fixed and agreed upon between
the parties, re<:ogn izing the impossibiliLy 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 will
apply separately to each phase of the Project for which a time for completion is given.
12.12 City Manager is authorized to deduct the liqUidated damages from monies due co
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 will 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 includ ing supporting data. All claims for adjustment in the Contract Time will be
evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in
the Contract Time resulting from any such claim must 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 CONTRACTOR's sale remedy for delay caused by OWNER
will 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 will 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; CONTRACTOR agrees that he will not have any claim for damages due to delay
unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages will 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 will be limited to an extension
of time as proVided for in Section 12.4 which will be the sole and exclusive remedy for such resulting
delay . Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract
Price or paymen t or compensation of any kind from OWNER for direct. indirect. consequential. im pact
or other costs, expenses or damages. including but not limited to. cOsts of acceleration or in efficiency ,
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 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the
21 sc 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, CONTRACTOR and the city department responsible for the
administration of the Contract will 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 CONSULTANT
will rule on the disputed issue and send a written copy of its decision to CONTRACTOR.
CONTRACTOR must comply with such decision and may not delay the project.
ARTICLE 13 -GUARANTEE .
13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or
CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective
Work for a period of one (I) year from the date of Final Acceptance as indicated in 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,. CONTRACTOR guarantees and unconditionally warrants
through either the manufacturer or CONTRACTOR directly, all materials and equipment fumished and
Work performed for three (3) years from the date of Final Acceptance as indicated in 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 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 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
CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby
incurred. The Performance Bond will 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. I, will take precedence over Section 13.1.
13.3 CONTRACTOR must act as agent, on a limited basis for 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 CONTRACTOR, the City of South Miami may procure the articles or services from
other sources and hold 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 must be removed
within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense.
Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager
will have the right to dispose of them as its own property and 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.
13.6 If equipment is being prOVided, the standard manufacturer's warranty information must be delivered to
OWNER for all equipment being proposed and, if required by the warranty, such eqUipment must be
installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to
the respondenrlcontractor, Respondent/Contractor must assign it to the City.
ARTICLE 14 • PAYMENTS AND COMPLETION.
Payments to Contractor
14.1 CONTRACTOR will 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 will not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often tha n
once a momo), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and
signed by CONTRACTOR covering the Work performed during the period covered by the partial
payment estimate and supported by such data as CONSUL T ANT may reasonably require. All progress
payment applications after the firSt progress payment muSt 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 cla ims and lien righ ts, if any, of those persons. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delive red and SUitably stored at or near site.
the partial payment estimate must also be accompanied by such supporting data. satisfactory t o the C ity
Manager, which establishes OWNER's title to the material and equipment as well as certificates of
insurance providing coverage for 10 0% of the value of sa id mat:erial and e qu ipment covering the materia l
and equipment from all casualties as well as theft. vandalism, fire and flood. CONTRACTOR must
replace at its expense any stored materials paid for which are either damaged or stolen before
install ation . CONSULTANT will within ten (10) calendar days after receipt of each partial payment
estimate, either cercifying in writing its approval of payment and present the partial payment estimate to
the C ity Manager, or recurn the parCial payment estimate to CONTRACTOR, indicati ng in writing his
reasons for refUSing to approve payment. In the latter cas e, CONTRACTOR may make the necessary
corrections and resubmit the partial payment es timate. OWNER, will within thirty (30) cale ndar days of
presen tation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on
the basis of the approved pa rtial payment estimate. City Manager may retain ten (10%) percent of the
amou nt of each payment until Final Completion and Acceptance o f all Work covered by the Contract
Documents. Any interest earned on the retainage will accrue co the benefit of OWNER.
14.2 CONTRACTOR. before it receives final payment, must deliver to the Oty Manage r a ContraCtor's Final
Payment Affidavit as set forth in the Florida Construction Lien Stawce as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indi rectly , which was inc orporated into the Work. If any person refuses to provide such a release or
provides a conditional release, the City Manager will have the right to Issue a joint check made payable to
CONTRACTOR and such person.
14.3 Punch list
City Manager and CONTRACTOR will develop a single lise of items requ ired to render complete,
sa tisfacto ry, and acceptable the construction services purchased by the local governmental entity. Within
30 ca lenda r days after reaching substantial completion of the Project, City Manager will 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 will deliver the punch list to CONTRACTOR. If the Project relates to more
than one building or structure, or involves a multi phase project, the City Manager will prepare a separate
punch list for each building and struct:ure and if it is a multiphase project, for each phase, within 30 days of
substantial completion of such build ing, structure and phase, [See Sec . 255.07, Fla. Seat.]
The final contract completion date may not be less than 30 days after the delivery of the list o f items. If
the list is not ti mel y delivered co CONTRACTOR, the contract: time for completion must be extended by
the number of days OWNER exceeded the required delivery date.
Conrraccor's W arranty of T itle
14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and eqUipment covered by an
Applicat ion for Payment whether the Work, material or equipment Is inc orporated in the Project o r not,
will have passed to OWNER prior to the mak ing of the Application for Payment. free and clear o f all
liens. claims, security interest and encumbrances (hereafter in these General Conditions referred co as
"Lien s"); and that no Work. materials or equipm ent, covered by an Application for Payment, will have
been acqUired by CONTRACTOR o. by any other person performing the Work at the slt~ or furnish ing
materials and eqUipment for the Project, under o r pursuant to an agre ement under which an interest
therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or
such other person.
Aporoval of Pa yment
14.4 CONSULTANT's approval of any payment requested in an Application for Payment will constitute a
representation by him to OWNER, based on CONSULT ANT'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 CONTRACTOR is entitled to payment of the amount
approved. However. the approval of such payment does not mean and may not imply that
CONSULTANT 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 has made any examination to ascertain how or for what purpose
CONTRACTOR has used the moneys paid or to be paid to him. or that title to any Work. materials. or
eqUipment has passed to OWNER free and clear of any liens .
14.5 CONTRACTOR will not be entitled to be paid unless:
(a) the labor and materials listed on a payment application have been used in the construction of this
Work or. as to materials included in the request for payment that have not yet been incorporated into
the construction. such materials are on the site or stored at an approved location, and
(b) payment received from the last payment application has been used to fully pay for all the laborers.
subcontractors and materials reflected in that request, other than amounts that are in dispute and that
are listed in the payment application with reasonable clarity as to the reason for withholding payment with
the name, addresses and telephone number of the person whose request is being withheld. The payment
application must contain the forgoing statement and the statement must be certified by CONTRACTOR
as being true.
In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier. the same amount
of money will be withheld from CONTRACTOR's payment until the issue is resolved by written
agreement between them and then a joint check will be made payable to the person in question and
CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by
OWNER until a judgment is entered in favor of CONTRACTOR or the person. in which case the money
will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any
third persons who are not signatories to the Contract.
14.6 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
filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications.
14.6.5 OWNER has corrected 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.B of liqUidated damages payable by 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 CONSULTANT, may use any completed or
substantially completed portions of the Work provided suc h use does not interfere with
CONTRACTOR's completion of the Work. Such use will not constitute an acceptance of such portions
of the Work.
14.8 The City Manager has the right to enter the premises where the Work is being performed for the
purpose of doing Work not covered by the Contract Documents. This provision may not be construed
as relieving 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 CONSULTANT will 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 CONTRACTOR, including the retained
percentages, but except such sums as may be lawfu lly retained by OWNER, will be paid to
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 ePaya.bles 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 CONTRACTOR with a
credit card account number to keep on file. This card has unique secur~ 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 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 Fo rm contained in
this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions.
Acceptance of Final Payment as Release
14.1 I The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER
and a waiver of all claims and all liability t o CONTRACTOR other than claims previously filed and
unresolved. The waiver includes all things done or furnished in connection with the Work and for every
act and neglecr of OWNER and others relating to or arising out of this Work. Any payment. however,
final or otherwise, will not release CONTRACTOR or its sureties from any obligations under the
Contract Documents or the Performance Bond and Payment Bonds.
14.12 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 inspectio n or tests, that:
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of
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 certiiication, 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 thar, if valid and paid, would reduce the amount owing to
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 CONTRACTOR BY 20% In the case of Substan tial Completion and 5% in
the case of Final Completion.
14.13 If CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification") by
CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial
Certification being issued which will be paid only when the decertified work is re-certified.
ARTICLE 15-SUSPENSION OF WORK AND TERMINATION.
15.1 The City Manager may, at any time and Without caus-e , suspend the Work or any portion thereof for a
period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and
CONSULTANT, which will fix the date on which Work will be resumed. Except for the C~ Manager's
exercising his right to suspend or terminate the contract pursuant to Article 6. Section 6.21 due to a state
of emergency. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the
Contract Time. or both, directly attributable to any suspension and if a claim is timely made and if it is
allowed under the terms of Articles II or Article I 2.
Ci t)' May Terminate
15.2 If 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 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 mai:erials 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 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
CONTRACTOR and the Surety seven (7) calendar days written notice. terminate the services of
CONTRACTOR and take possession of the Project and of all materials, equipment, tools. construction
equipment and machinery thereon owned by CONTRACTOR. and finish the Work by whatever method
it may deem expedient. In such case CONTRACTOR will 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
will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the
Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER
will be determined by CONSULTANT and incorporated in a Change Order.
If after termination of CONTRACTOR under this Section. it is determined by a court of competent
jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER
and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5
15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not
affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any
retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR
from liability.
15,4 Upon seven (7) calendar days' written notice to CONTRACTOR and 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, CONTRACTOR will 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 will be made for profit for Work which has not been performed.
15,4A OWNER reserves the right in the event 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. CONTRACTOR. if
notified to do so by the City Manager. must promptly remove any part or all of its eqUipment and supplies
from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies. the
-City Manager will have the right to remove them at the expense of CONTRACTOR and
CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or
supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR
has been paid in whole or in part.
Contractor May SCO D Work or Terminate
15.6 If. through no act or fault of 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 CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is
submitted. or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT. within thirty
(30) calendar days of its approval, and presentation. then CONTRACTOR may. upon twenty (20)
calendar days written notice to the City Manager and CONSULTANT. terminate the Contract. The Cicy
Manager may remedy the delay or neglect within the twenty (20) calendar days . If timely remedied by
OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract. if
CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any
payment as afore said, CONTRACTOR may upon ten (10) calendar days' notice to the C ity Manager ahd
CONSULTANT stop t he Work until It has been paid all amounts then due.
Indemnification of Indgpendent Consultant.
15.7 CONTRACTOR and the Cicy Manager hereby acknowledges that if CONSULTANT is an independent
contractor of OWNER. CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of
the Contract Documents. Therefore. OWNER, at CONSULTANTs request, agrees to provide
CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold
CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an
interpretation , de-certifies a payment application , decertifies Substantial Completion. decertifies Final
Completion. certifies an event of default, or approves any action which requires the approval of
CONSULTANT.
ARTICLE 16 -MISCELLANEOUS.
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be
deemed to have been validly given if delivered in person to the individual o r 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 are the property of OWNER . CONTRACTOR and CONSULTANT will have
the right to keep one record set of the Contract Documents upon completion of the Proje~t.
16.3 The duties and obligations imposed by these General Conditions. Special Condidons 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. will be in
addition to. and will 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 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 must 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 OU t of the Conrract Documents o r the performance of the Work
thereunder.
ARTICLE 18 -ATTORNEYS FEES JURISDICTION I VENUE J GOVERNING LAW.
18.1 The Contract will 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. The parties agree that venue
of any action to enforce the Contract is in Mlami·Dade County. Florida.
18.3 Except as may be otherwise provided in the Contract DOOJments. aU claims, counterclaims. disputes and
other matters in question between OWNER and CONTRACTOR arising out of or relating to this
Contract or the breach thereof. will be decided in a court of competent jurisdiction within the State of
Florida.
ARTICLE 19 • PROJECT RECORDS.
19.1 The City Manager has the 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 will 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 must provide City Manager access to its books and records upon five (5) business day's
written notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.070 I) while providing services on behalf of OWNER and CONTRACTOR. under such conditions,
must 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 must 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 must
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
has the right to enforce this contract provision by specific performance and the person who violates this
provision is 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 is, to any extent,
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 is held invalid or unenforceable will not be affected
thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law.
ARTICLE 21 -INDEPENDENT CONTRACTOR.
21 .1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by
CONTRACTOR must be by emplQyees of CONTRACTOR and subject to supervision by
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 must be those of
CONTRACTOR.
ARTICLE 22 -ASSIGNMENT.
22.1 CONTRACTOR may 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 CONTRACTOR's rights. The City Manager may, in the manager's sole and absolute
discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any
event. OWNER is not obligated to 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 OWNER's
requirements to the City Manager's sale satisfaction and the assignee executes all of the Contract
Documents that were required to be executed by CONTRACTOR.
ARTICLE 23 -FORCE MAJEURE.
23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force
majeure. acts of God, or other acts or circumstances beyond the control of a party or that could not have
been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include. but
not limited to, weather conditions affecting performance. floods, epidemics, war, riots. strikes, lockouts. or
other industrial disturbances. or protest demonstrations. Should such acts or circumstances occur, the
parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably
possible.
ARTICLE 24-E-VERIFY(44B.09S(2)
24.1 As a condition precedent to entering into this Agreement. and in compliance with Section 448.095, Fla. Stat.,
Contractor and its subcontractors must register with and use the E-Yerify system to verify work
authorization status of all employees hired after January 1,2021.
24.1.1 Contractor must require each of its subcontractors to provide Contractor with an affidavit stating
that: the subcontractor does not employ, contract with. or subcontract with an unauthorized alien,
Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records
retention requirements of this Agreement.
24.1.2 The City. Contractor, or any subcontractor who has a good faith belief that a person or entity with
which it is contracting has knowingly violated Section 448.09( I), Fla. Stat. or the provisions of this
section must terminate the contract with the person or entity.
24.1.3 The City, upon good faith belief that a subcontractor knOWingly violated the provisions of this section,
but that the Contractor otherwise complied. must promptly notify Contractor and Contractor must
immediately terminate the contract with the subcontractor.
24 .1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not
be considered such.
24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20
calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c.
above.
24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this
Section by Contractor, Contractor may not be awarded a public contract for at least one (I) year.
Contractor further acknowledges that Contractor is liable for any additional costs incurred by the
City as a result of termination of any contract for a violation of this Section.
24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in
this Section, including this Subsection, requiring the subcontractors to include these clauses in any
lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier
subcontractor with the dauses set forth in this Section and Contractor's failure to enforce compliance
is a substantial and material breach of this Agreement.
IN WITNESS WHEREOF. the parties hereto have executed the ,General Conditlons to acknowledge
theii inclusion as par.: of the COii,iacr Documents Oil t his ~ day of O Ctob Er ,2021 ,
ATTESTED:
Signature: -'-=----p.,----'=-''----'<f----
Read and Approved as to Form, Language,
CONTRA ~nit., Ino. ~
Signature: ~./1/1 \I, _
Print Signatory's Name: Katiuska Hurles
Title of Signatory: ___ P_r_es_i_de_n_t _____ _
OWNER: CITY OF SOUTH MIAMI
S~own< ~~,
Shari Kamali
City Manager
:::7~~
City Attorney
END OF SECTION
EXHIBIT 6
Supplementary Conditions
CONSTRUCTION CONTRACT
DANTE FASCELL ART IN THE PARK
A. Consultant In accordance with ARTICLE I of the General Conditions the consultant (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. CONSULTANT's, if
any, and OWNER's Designated Representative's name, address, telephone number and facsimile number
are as follows:
Consultant: Marlin Engineering. Inc.
6840 NW 77 Court
Miami, FL 33166
Ph: 954/870-5070
B. Termination or Substitution of Consultant Nothing herein will prevent the City Manager from tenninating
the services of CONSULTANT or from sUbstituting another "person" to act as CONSULTANT.
e. Plans for Construction: The successful CONTRACTOR will be furnished One <I) sets of Contract
Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost
to 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 , Attachments A . B. & C to the RFP and if there is a conflict the
attached Exhibit will take precedence.
E. Contractor must comply with the insurance and indemnification requirements is set forth in the RFP and in
the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached
Exhibit will take precedence .
F. The Work must be completed in 15 calendar da ys unless a shorter time is set forth in the Contract and
in such event the Contract will 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 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, CONTRACTOR represents, by submitting its proposal to the City Manager, that
CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such
resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the
confliCts, errors or discrepancies.
I.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as part of the ContraCt on this ~ day of October .2021 ,
CONTRACTOR, ?C Inc
Signature: ~...,...cIv4
Print Signatory's Name:,--_I<_u_iU_S_I<_s_H_. _lr_dp __ s ________ _
ArrESTED:
Signature: -+:"~rr~c,=""'f----
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
s;gn,a,",~ a=----O-<--f-/--f--> :Yc~rney
Tide of Signatory: __ P_r_es_i_de_n_t ________ _
OWNER: CITY OF SOUTH MIAMI
Sl-"'E ~~\~
Sari Kama l!
City Manager
EXHIBIT 2
DANTE FASCELL ART IN THE PARK
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) must 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-contractorlsub-consultant, 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 may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sale and absolute
discretion . The FIRM must purchase insurance from and must 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
Sub-contractorlsub-consultant 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 must 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 must further ensure that all of
its Sub-contractorlsub-consultants 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 must 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:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement:
• 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 Liabi lity 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:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must 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 Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must 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 must 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 must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below 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 Is 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 must eliminate or reduce such deductible or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must 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 must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D . Before starting the Work, the FIRM must 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 must be rated A.VII or better per A.M. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must 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 must 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 must be delivered to the City by
certified mail, with proof of delivery to the City."
f, 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 must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1 ,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes 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 must 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 may 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. FIRM 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 FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must 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 FIRM, its
contractor/sub-contractor/sub-consultant 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 FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant 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 FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant 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 FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must
apply and t hi s subparagraph must set forth the sole responsibility of the design professional concerning
indemnification. Thus, the des ign professional's obligations as to the City and its agen cies. as well as to
its officers and employees, is to indemnify and hold them harmless from liab ili ties, 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.
SCOPE OF SERVICES
ATTACHMENT A
DANTE FASCELL ART IN THE PARK
I. General Requirements:
The work specified in this Request for Proposal (RFP) consists of furnishing all goods,
materials, supplies, and services necessary to provide a completed project that meets all
of the needs described in this Scope of Services and as otherwise described in this RFP
(the Work). The Work is to be performed per specifications and the contract documents.
The Work is to be performed in accordance with the specifications and the contract
documents (as defined in the Instructions for Respondents) that are provided to the
Contractor by the City as well as in accordance with those plans, drawings and
specifications that are required to be produced by the Contractor and that are approved
by the City. This includes but is not limited to keeping the project site clean and safe;
furnishing all labor of the Contractor and the labor of all allowable subcontractors;
providing dumpster(s); disposing of materials; providing all necessary engineering and
architectural plans, drawings and technical specifications; all permits; all necessary
equipment, including rental equipment, machinery, tools, transportation and freight;
coordination with any other City contractor, subcontractors and utility companies (i.e.
power, gas, water); erecting construction safety measures, including fencing, privacy
screening and cones, and ensuring that the safety measure are in place at the end of each
working day; root pruning and sod restoration at affected areas to the City's satisfaction;
cleaning the construction site at the end of each working day; maintenance of traffic and
hiring of off duty City police officer if required by the City; and any other goods and
services necessary to perform all of the Work.
Prior to any digging, Contractor must locate all underground utilities and other facilities
as well as contacting Sunshine 81 I to coordinate the process between excavators and
member utilities in Florida so that the utilities can mark the approximate location of all
their underground facilities, including power lines, telephone lines, pipes, and cables on
construction site.
In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and
other permits (including tree permits), provide signed and seal footing and foundation
specifications for permitting, as well as all laboratory tests, engineering and architectural
specifications, drawings and plans that are necessary to secure any and all permits and
licenses required to complete Work. In addition, Contractor will be required to obtain,
pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived
for permits required to be issued directly by the City of South Miami. Permit fees charged
by other government entities, if required, are the responsibility of the
Respondent/Contractor; however, in all cases; it is the responsibility of
Respondent/Contractor to secure any and all permits that may be required for this
project.
All of the Work must be reflected in the Respondent's proposal and "Schedule
of Values Form:' found in the Scope of Services, Exhibit I, Attachment B.
All work is to be completed in accordance with specifications, engineering construction
drawings, and in accordance with the terms and conditions described in Exhibit I, Scope
of Services, Attachments A, B, and C and if the project involves a City park, public
playground safety standards, rules and guidelines; , all federal, state and local requirements,
guidelines and regulations included the Florida Building Code, the City of South Miami
Land Development Code, all applicable ordinances of Miami-Dade County and the City
of South Miami and the Americans with Disabilities Act (ADA).
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday and Saturday between the hours of9:00
a.m. through 5:00 p.m.-See Section 7-15 and 7-16 of the City's Code of
Ordinances.
IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR
AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS
SOLICITATION.
II. Site Locatjon: See EXHIBIT I. SCOPE OF SERVI CES. ATTACH MENT C (Dante
Fascell Park 8600 SW S7 th Avenue, Miami GL 33143)
I. SPECIFIC REQUIREMENTS:
a. PROJECT DESCRIPTION
The City is soliciting proposals from highly qualified firms that includes but it is not limited
to the transportation and installation of three (3) sculptures to Dante Fascell Park. Note:
The dimensions and weight of each sculpture is provided in Exhibit I, Scope of Services,
Attachment C "Design Plans and Specifications." Respondents shall be responsible
for the transportation of the three (3) sculptures to Dante Fascell Park. Two (2)
sculptures are located at the City of South Miami Public Works Div ision 4795 SW 75 th
Avenue, Miami, FL 33155. One (I) sculpture is located at the Columbian Consulate in
Miami 280 Aragon Avenue, Coral Gables, GL 33134.
The installation will require the permitting and construction of the three (3) sculpture
concrete footers and placement of the sculpture on the footers. The grade around the
concrete footers will need to be adjusted to allow for proper slope around the concrete
footer.
b. DESIGN PLANS & SPECIFICATIONS:
Please refer to Exhibit I, Scope of Services, Attachment C
c. PRICING -LUMP SUM PRICING:
Proposal pricing must be submitted in a "Lump Sum" by completing IExhibit 4 I
ISchedule of Values' and must include all cost associated with completing this
project as outlin e d in the scope of services and associated design construction plans. It is
the City's intention to award this project to a single Contractor. The lump sum price
must be in accordance with Respondent's schedule of values. See Exhibit I, Scope of
Services, Attachment A.
RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES
LISTED IN THE SOLICITATION, IF ANY.
THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE
RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED.
d. SCHEDULE OF VALUES:
RESPONDENTS ARE TO COMPLETE THE SCHEDULE OF VALUES FORM.
SEE EXHIBIT I, ATTACHMENT B.
WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE
OF VALUES FORM," THE RESPONDENT MUST CARRY THE TREE
MITIGATION ALLOTMENT, IF ANY, AS WELL AS ANY CONTINGENCY
IN THEIR TOTAL BASE BID.
III. Construction Notes:
Values utilized for the purpose of this RFP are approximate. Contractor is responsible to
field verify the areas, and quantities as per the limits defined by the site plan.
IV. Project Duration:
The project duration and completion for this project is 15 calendar days from issuance
of a Notice to Proceed/Purchase Order/Email Notification from the City's Project
Manager.
V. Warranty:
Respondent/Contractor must include the following with their proposal:
Applicable warranty and/or guarantees of all material and labor, including:
• any conditions; and
• guaranteed response time for repair; and
• guaranteed replacement during the warranty period; and
• life expectancy of LED lighting under normal use; and
• Failures during the warranty period must be repaired or replaced to the
satisfaction of the City; and
• the term of the warranty.
At a minimum, Respondent/Contractor must warrant their Work in accordance with the
warranty requirements found in the General Conditions to the Contract. See Exhibit 5.
VI. Bonds:
A PERFORMANCE AND PAYMENT BOND ARE NOT REQUIRED FOR
THIS PROJECT.
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PROJECT LOCATION
MI"MI-u"DE COUNTY.),,,, ••• '
INDEX OF PLAN SHEETS
SHEET NO.
G-1
S-1
S-2
S-3
S-4
SHEET DESCRIPTION
KEY SHEET
GENERAL NOTES
LOCA TION OF FOUNDATIONS
SCULPTURE (A) FOUNDATION
SCULPTURE (B) FOUNDATION
SCULPTURE (C) FOUNDATION
DESIGN TEAM
STRUCTURAL ENGINEER
Marlin Engineering, Inc
6840 Northwest 77th Court
Miami, FL 33166
Phone: (954) 870-507D
Fax: (954) 800-6045
www.mcrlinengineering.com
OWNER:
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Phone: (305) 663-6338
GOVERNING DESIGN STANDARDS :
Florida BUilding Code, 2020
GOVERNING STANDARD SPECIFICATIONS :
Florida Department of Transportation, 2021 Standard
Specifications for Road and Bridge Construction at the
following website :
CITY OF SOUTH MIAMI
F ASCELL PARK
FOUNDATIONS
DANTE
SCULPTURE
ELECTED OFFICIALS
Sally Philips, Mayor
https: / /www.fdo\.gov/programmanagement/lmplemented/Specbooks /
Luis Gil, Commissioner
Brian Corey, Commissioner
Josh Liebman, Commissioner
Wolter Harris, Commissioner
CT LOCATION
THIS ITEM HAS BEEN DIGITALLY SIGNED
AND SEALED BY:
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ON THE DATE ADJACENT TO THE SEAL
PRINTED COPIES OF THIS DOCUMENTS
ARE NOT CONSIDERED SIGNED AND
SEALED AND THE SIGNATURE MUST BE
VERIFIED ON ANY ELECTRONIC COPIES.
PLANS ENGINEER OF RECORD:
MARLIN
ENGINEERING
ERICK CUERVO I P.E. No .: 82455
6840 Northwest 77lh Court I
Miami , FL 33166
P: 954 870.5070 I C A. No . 6104
CONSTRUCTION FISCAL
CONTRACT No YEAR
N/A 2 1
SHEET
NO
~~I __________________________________________________________________________ ~~ ____ ~ __ ~~
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GENERAL NOTES'
DESIGN SPECIFICATIONS:
FOUNDATION DESIGNED IN ACCORDANCE WITH FLORIDA BUILDING CODE 2020, ACI 318-14 BUILDING
CODE FOR STRUCTURAL CONCRETE .
WIND DESIGN IN ACCORDANCE WlTH ASCE 7-16:
MEAN HEIGHT = 15,0 FT,
ULTIMATE DESIGN WIND SPEED VULT = 165 MPH,
NOMINAL DESIGN WIND SPEED V,so = 126 MPH,
RISK CATEGORY I
EXPOSURE C
WIND DIRECTIONALITY FACTOR Kd = 0 .85
TOPOGRAPHY FACTOR Kzt = 1.0
GUST EFFECT FACTOR G = 0.85
qh = 50.4 PSF SCULPTURE (A)
qh 50.4 PSF SCULPTURE (B)
qh = 50.4 PSF SCULPTURE (C)
GEOTECHNICAL DESIGN DATA-
SOIL DESIGN VALUE ARE ASSUMED.
ALLOWABLE VERTICAL FOUNDATION PRESSURE = 2000 PSF
ALLOWABLE LATERAL BEARING PRESSURE = 150 PSF /FT
MATERIAL SPECIFICATIONS:
CONCRETE SHALL HAVE A MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 3,000 PSI
COORDINATE CONCRETE COLOR AND FINISH WITH CITY OF SOUTH MIAMI
ALL REINFORCEMENT SHALL BE ASTM A615, GRADE 60
SUBGRADE AND BACKFILL MATERIAL SHALL CONFORM TO THE STANDAJ;O SPECIFICATIONS
LOCATION OF SCULPTURES'
ALL ELEVATION ARE BASED ON A ASSUMED DATUM
LOCATION OF SCULPTURES DEPICTED ON EXISTING BOUNDARY SURVEY ARE ILLUSTRATIVE ONLY.
PRIOR TO INSTALLATION, COORDINATE EXACT LOCATION OF EACH SCULPTURE WITH THE CITY OF
SOUTH MIAMI.
CONTRACTOR SHALL COORDINATE SCULPTURE PICK-UP POINTS WITH THE CITY/ARTIST FOR LIFTING
AND/OR INSTALLATION OF SCULPTURES •
LOCATIONS OF ANCHORAGES AND METHODS OF INSTALLING SCULPTURES FOUNDATIONS ANCHORS
SHALL COMPLY WITH THE PLANS.
R [Y I So lOt. MARLIN
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CONCRETE: JIID.I:[I fA JDtmlOOO M1l...L (I..!
PROVIDE % INCH CHAMFERS ON ALL EXPOSED EDGES AND CORNERS EXCEPT AS NOTED
OTHERWISE
CONSTRUCTION JOINTS WILL BE PERMITTED ONLY AT LOCATIONS INDICATED ON PLANS. ADDITIONAL
CONSTRUCTION JOINTS OR AL TERA TIONS TO THOSE SHOWN WILL REQUIRE APPROVAL BY ENGINEER .
MINIMUM CONCRETE COVER
CONCRETE EXPOSURE
CAST AGAINST AND
PERMANENTLY IN
CONTACT WITH GROUND
EXPOSED TO WEATHER
OR IN CONTACT WITH
GROUND
NOT EXPOSED TO
WEA THER OR IN
CONTACT WITH GROUND
REINFORCEMENT:
MEMBER
ALL
ALL
SLABS, JOIST
AND WALLS
BEAMS,
COLUMNS,
PEDESTAL. AND
TENSION TIES
REINFORCEMENT I SPECIFIED
COVER. IN .
ALL ~'.
No. 6 THROUGH 2"
No 18 BARS
No. 5 BAR, W31
OR 0 31 WIRE, 1-1/2"
AND SMALLER
No. 14 AND No. 18 1-1/2" BARS
No. 11 BARS AND 3/4" SMALLER
PRIMARY
REINFORCEMENT,
STRIRRUPS, TIES, 1-1/2"
SPIRALS, AND
HOOPS
ALL DIMENSIONS PERTAINING TO THE LOCATIONS OF REINFORCEMENT ARE TO THE CENTERLINE OF
BARS EXCEPT WERE THE CLEAR DIMENSIONS IS SHOW TO THE FACE OF CONCRETE.
REINFORCEMENT DIMENSIONS ARE OUT -TO-OUT OF BARS.
BACKFILL AND SUBGRADE:
PLACEMENT OF BACKFILL AND SUBGRADE SHALL COMPLY WITH THE STANDARD SPECIFICATIONS.
MATERIAL REMOVED FOR THE PLACEMENT OF BACKFILL AND SUBGRADE SHALL BE DISPOSED OF
OFF SITE
EARTHWORK:
-THE CONTRACTOR IS SOLELY RESPONSIBLE FOR ALL EXCAVATION PROCEDURES INCLUDING
LAGGING, SHORING AND PROTECTION OF ADJACENT PROPERTY, STRUCTURES, STREETS AND
UTILITIES IN ACCORDANCE WITH THE REQUIREMENTS OF THE LOCAL BUILDING DEPARTMENT AND
OSHA REGULATIONS. DO NOT EXCAVATE WITHIN ONE FOOT OF THE ANGLE OF REPOSE OF ANY SOIL
BEARING FOUNDATION UNLESS THE FOUNDATION IS PROPERLY PROTECTED AGAINST SETTLEMENT.
~.I ..
ellY Of SOUTH MIANI, flORIDA ... GENERAL NOTES LJ I I 1-1 --r 1 _~""c-tI_.fLl.1 1 1M " -I I 1 SCULPTURE FOUNDAnONS AT DANT[ fASCfll PARK I I G-1
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(3) %"ib ADHESIVE ANCHOR, W/
17" MIN. EMBEDMENT, SEE NOTE
THIS SHEET
(18)#6 LONGITUDINAL BARS
#3 STIRRUPS @ 10"
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xm».)A»v)vA7\.n",)A ~~~I[, It. II . P-lI-Nln .7X»,)hnm ~)),mn~ GRADE TO REMAIN
COMPACTED SUBGRADE
SECTION B-B
SCALE: 1/2"=1 '-0"
7'-6"
3"
1'-0" 2'-7 1/2" 2'-7 1/2"
SECTION A-A
SCALE: 1/2"=1'-0"
1'-0"
..".~~.&oI~WCIOf~
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#3 STIRRUPS @ 10" O.C,
(3) %"0 ADHESIVE ANCHOR, W/
17" MIN EMBEDMENT, SEE NOTE
2 THIS SHEET
LIMITED OF COMPACTED
SUBGRADE
(8)#5 TOP/BOTTOM
BARS, 8" O,C
NOTES:
1.
2
3.
4 .
5 .
6 .
SCULPTURE IS ILLUSTRATIVE ONLY AND SHALL BE PROVIDED BY ARTIST .
%" 0 x 17" LONG ADHESIVE ANCHORS SHALL COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APL) FOR TYPE HV,
SCULPTURE WEIGHT = 200 LB ±
THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND
REPORT ANY DISCREPANCY TO OUR OFFICE ,
FOR GENERAL NOTES SEE G-l
DISTANCE BETWEEN ANCHORS IS 2'-8"
1 u " .. D. ~~~~!~« CITY orsou," .'''", FlORO' SCULPTURE (A)
"' _=-~I~·t:"~':~~IU '" SCULPTURE fOUNDATIONS AT OANlE FASCEll PARI( FOUNDATION ~ .. l6Ulo.!lA1O'U-1Io.....l..IO' "
j
t ,
Ii
" .i
f I
J 1'-0 "[1'-0 · 1'-10" 1'-0" 11'-0·
I
j SECTION 8-8
SCALE: 1/2"=1'-0"
I
t
I 1-llill ft iii., I --!
R (V1 5 I 0') So
'\
5 '-10"
1'-0" 3 '-10"
1'-0· 1'-10 · 1'-0"
1'-0"
PUBUC WORkS~IIL'l.!r:~CW,ot
sruLPlUREFOUNDA1IONDESlGNATDANlEFASCEllPARI<
n:uCI to. XlILmCll» :),Ut..L.tI'..L.
-'1.-".. j----j l---i
" ., #3 STIRRUPS @ 8" 0 C, K ("lI' CO""'"O'"" "".
• 5 ':' }J~
N.I_ I (B\
I~
(4) %"1/1 ADHESIVE ANCHOR, W/
10" MIN . EMBEDMENT, SEE NOTE
J 2 THIS SHEET ,
; ,J (6)#5 TOP/BOTTOM
EXISTING FINISH
GRADE TO REMAIN
COMPACTED SUBGRADE
MARLIN
r "Dj ll t t •• .ra.
1IfCII~lfI "'_J.Illi.."
.....:Io-....l.t1"'''-'I I_lLlo:llfJI
.. illkww..I U. ... I_
, , BARS, 8" O.C
SECTION A-A
SCALE: 1/2"=1'-0"
NOTES:
LIMITED OF COMPACTED
SUBGRADE
1. SCULPTURE IS ILLUSTRATIVE ONLY AND SHALL BE PROVIDED BY ARTIST,
2 . %" 1/1 x 10" LONG ADHESIVE ANCHORS SHALL COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APL) FOR TYPE HV.
3. SCULPTURE WEIGHT = 200 LB ±
4 . THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND
REPORT ANY DISCREPANCY TO OUR OFFICE .
5, FOR GENERAL NOTES SEE G-l
6 . ANCHORS TO ATTACH TO THE INSIDE EDGE OF SCULPTURE BASE
" .. CITY OF SOUTH MIAMI, FLORIDA
SCULPTURE FOUND" TlONS AT DANTE F ASCELl PARK
SCULPTURE (B)
FOUNDATION
8-3
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SECTION 8-8
(8) %"~ ADHESIVE ANCHOR, W/ \ ........ '''''''IDIII($ICIj'' ..... 'ASCW.'..-
21" MIN. EMBEDMENT, SEE NOTE • " ..... ~ ... ,.".,.." "<tiL"
2 THIS SHEET L 11 -0 ,
~-....a&:3"~"'~lIIII,I;lOillH:'oICM
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'91 ~
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.I
EXISTING FINISH
GRADE TO REMAIN
%"~ ADHESIVE ANCHOR, W/
MIN . EMBEDMENT, SEE NOTE
THIS SHEET
(13)#6 TOP/BOTTOM
BARS, 8" O.C
COMPACTED SUBGRADE
(10)#6 BARS,
8" O.C
#3 STIRRUPS
@ 10" 0 C.
NOTES:
.04 .11 ......
SECTION A-A
SCALE: 1/2":1'-0"
(13)#6 TOP/BOTTOM
BARS, 8" O.C
LIMITED OF COMPACTED
SUBGRADE
1. SCULPTURE IS ILLUSTRATI VE ONLY AND SHALL BE PROVIDED BY ARTIST.
2 . !)B" '" x 21" lONG ADHESIVE ANCHORS SHAll COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APL) FOR TYPE HV
3 . SCULPTURE WEIGHT = 400 lB ±
4 . THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND
REPORT ANY DISCREPANCY TO OUR OFFICE ,
5 . FOR GENERAL NOTES SEE G-1 j SCALE: 1/2"=1 '-0"
J • [v '" H !I!If':~'''::~~n CITY Of sou," .""", FLORID' SCULPTURE (e)
, 1M3,=~I~t~ • .!2~l:IIM SCULPTURE FOUNDATIONS AT DANTE F'ASCELL PARI( FOUNDATION ~ ",~no.z,a1D,u.1Io.1104
(T<.V
~o.
,-1
,-2
2-1
2-2
2-3
2-4
2-5
2";
3-,
3·2
3-3
3-4
3-5
3-6
5-3
5-5
EXHIBIT 4
SCHEDULE OF VALUES
Dante Fascell Art in Public Places
fJaI ffST wilT liNn
DII~""'.oIt aN CQST
Si te Prel!!lralton
Mobilization 1 L_S $ 3,000.00
Maintenance of T raffle , L.S $ 500.00
SUb-Total
S l'lIlptqre TfflOSP0'1!'I(on t.PIs""",.nl"" foolCI
Assembly & Transportation of Sculpture #1 1 EA $ 1,500.00
Placement and anchoring of Sculpture III 1 EA $ 700.00
transportation of Sculpture #2 , EA $ 1,500.00
Placement and anchoring of Sculpture #2 1 E.A. $ 700.00
Transportation of Sculpture #3 1 E.A. $ 1,500.00
Placement and anchoring of Sculpture #3 1 E.A. $ 700.00
Sub-Total
SqullllOre Silo Worlt
Excavation for Structures 6576 C.Y_ $ 14 .20
Clearing and Grubbing 0.02 A.C. $ 46,453.00
Type "8" Stabilizalion (12" thick minimum LBR 40) 2347 S .Y. $ 70.71
New Concrete Footer 1537 C.Y. $ 949.53
4-in of new top soil 7944 S .Y_ $ 10.00
Sodding Including watering 7944 S .Y. $ 18 .00
Sub-Total
TOTAL:
Conul1glltncy Fund (10% at subtolal amount )
As Bu ilt
TOTAL PROJECT COST:
Wl'AL
c:oS1
$ 3,000.00
$ 5,00.00
S 3,500.00
$ 1 500.00
$ 700.00 .
$ 1,500.00
$ 700.00
s 1,500.00
$ 700 .00
$ 6,600.00
s 934.18
$ 929.06
$ 1.659.45
$ 14,594.30
s 794.40
$ 1,429.92
$ 20,341.30
$ 30,441.30 .
$ 3,044.13
$ 1,200.00
$ 34,685.43 .
Member Name City of South Miami
Bid Number RFP-RFP #PW2021-44-0-2021/SK
Bid Name DANTE FASCELL ART IN THE PARK
1 Document(s) found for
23 Planholder(s) found
911 NOTIFIED
SupplierName
A.DA Engineering, Inc.
AVR Contractors Corp.
Bespoke Construction
\I Email
mkg@adaeng.net
arodriguez@avrcontractors.com
Management info@bespokeconstructionmanagement.com
Chen Moore and
Associates Ibarron@chenmoore.com
Construction Journal, /
Ltd. bids@ConstructionJournal.com
D&S Steel inc dssteel.jstancil@gmail.com
Dodge Data dodge.docs@construction.com
Down to Earth, Inc. victoria.burrello@down2earthinc.com
Florida International
Consulting Engineers james@ficedesign.com
Gecko Group jorge@geckogroup.us
Gulf Building gioa@gulfbuilding.com
Kalex Steel Buildings,
Corp. kalexstl@hotmail.com
kib construction corp kibconstcorp@gmail.com
Addressl
8550 NW 33
Street
1302 NE 125 St
Suite A
2413 Main Street
500 West Cypress
Creek Road
400 SW 7th
Street
19450 SW 5th
place
4300 Beltway
Place, Ste 150
2701 MAITLAND
CENTER
488 North
Federal Hwy
120 Madeira
Avenue
633 South
Federal Highway,
1600 SW 1st Ave
1232 sw abacus
ave
City State PostalCod« DeciaredAttri butes
Hispanic Owned,
Doral FL 33122 Small Business,
North Miam i FL 33161
Miramar FL 33025
Ft Lauderdal FL 33309 Small Business
I
Stuart FL 34994
Dunnellon FL 34431
Arlington TX 76018
Maitland FL 32751
Boynton Bea FL 33435
Coral Gables FL 33134
Ft. Lauderda FL 33301
Hispanic Owned,
Miami FL 33129 Small Business,
Small Business,
port st lucie FL 34953 Woman Owned
137
M&J GENERAL 300 Palermo Hispanic Owned,
CONTRACTORS ces ar@mjge neralcontractors.com Avenue CORALGABL FL 33134 Small Business,
Miliani Construction Hispanic Owned,
Corp amiliani@milianiconstruction.com 11012 NW 73 ST Miami FL 33178 Small Business ,
OAC Action Hispanic Owned,
Construction, Corp william@oacconstruction .com 11980 SW 144 Ct . Miami FL 33186 Small Business
popup structures RICHARD@POPUPSTRUCTURES.COM 525 OCEAN BLVD GOLDEN BEl FL 33160-22 Small Business
222 W Maitland
I Sesco Lighting, Inc . jlongstreth@sescolighting.com Boulevard Maitland FL 32751
935 Lake Baldwin Asian/Hawaiian
SGM Engineering, Inc. bob by@sgmengineering.com Lane Orlando FL 32814 Owned, Small
Sieiman Construction, 8440 South Dixie Hispanic Owned,
LLC danny@sleimanc.com Highway Miami FL 33143 Small Business
Solid Consulting 14400 Pedigree
Engineers ossie@solidcei.com Ln Miramar FL 33330
Sun Eagle General
Contractors, Corp. ya m il@suneaglegc.com 12300 SW 130 st Miami FL 33186
8623 Commodity
T&G Constructors marketing@t-and-g.com Circle Orlando FL 32819 Hispanic Owned
138
~>ALM
Discover. Connect. Compete. ALM Media, LLI::
PO Box 936174\
Please Remit To:
CITY OF SOUTH MIAMI
Attention To: NKENGA "NIKKI" PAYNE
NKENGAA. PAYNE
6130 SUNSET DR
SOUTH MIAMI, FL 33143
PLEASE RETlJRN THIS SECTION WITH PAYMENT
Daily Business Review
Miami Dade
Invoice Date: 09/17/2021
Invoice #
10000552375-0917
CUBtomer#: 9005479
Description
Placement/Position: BidslHearngslMeetingslOrdinanceslBid Notices & RFPs
Run Dates: 09/17/2021
Ad Size: 2 x 5.80 Inches
CITY OF SOUTH MIAMI -RFP #PW2021-44
involce#:
Invoice Date:
Due Dale:
AMOUNT DUE:
Daily Business Review
MIami Dade
Customer No: 9005479
Amount Rem itted
10000552376~917
09/17/2021
Due Upon Receipt
$103.50
TL\k IIUU.
Amount
$103.50
Subtotal 5103.50
Total Due $103.50
Visit our online payment portal at https:llwww.almpaymentcenter.com to pay via credit card
For billing questions. plea.e email: ALMcollecllon@alm.com.
~~ALM
Discover. Connect. Compete .
139
MIAMI DAILY BUSINESS REVIEW
Published Daily excepl Salurday. Sunday and
Legal Holidays
Miami, Miami·Oade County. Flonda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA. who on oath says that he or she is the
DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily
Business Review flk/a Miami Review. a daily (except
Saturday. Sunday and Legal Holidays) newspaper.
published at Miami in Miami-Dade County. Florida; that the
attached copy of advertisement. being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI -RFP #PW2021-44
in the XXXX Court.
was published in said newspaper in the issues of
0911712021
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami. in said Miami-Dade
County. Florida and that the said newspaper has heretofore
been conlinuously published in said Miami-Dade County. Florida
each day (except Saturday. Sunday and Legal Holidays) and
has been entered as second dass mail matter at the post
office in Miami in said Miami-Dade County. Florida. for a period
of one year nexl preceding the first publication of the attached
copy of advertisemenl; and affiant further says that he or she
has neither paid nor promised any person. firm or corporation
any discount, rebate. commission or refund for the purpose of
securing this advertisement for publication in the said
newspaper .
Swom 0 and subscribed before me thi s
u~~/~;'
(SEAL) ~
GUILLERMO GARCIA personally known to me
;~<:f-;:ifit..l::-.• CHRISTINA LYNN RAVIX {,~.''!:!\ .. ~.% Commission Ii GG 277771
\:~;~,,~t Expires November 19, 2022 ···'-~~:ff.~~·· Bonccd Thru TrGY Fai" Ir.:urancc 800·36'>-7019
CITY OF SOUTH MIAMI
DANTE FASCELL AR!f IN THE PARK
RFP ,PW2021-44
SUBMlnAL DUE DATE: SEPTEMBER 28,
2021 AT 10AM
The' City Is here by requesting sealed propos,als fn respons:e to tilts RFP
jj PW2021~ DANTE FASCBl. ART IN THE PARK. The purpoSl! of this
Solrcftatlon s to eo nlrac for the seNiCe!rn~ for the completion
oftha prolec t in ac corda,oce Vlith1f1~ SC9fJ6 'of Services, (exH/SfT 1,
Attachments A; B & C) afld til panS andlO( ~caUonsl iI any, despibed n
thisSolicita.~o n (hereinaffer refeITed 0 as "the P-Itl ect" or ·Project1 ·
lnlese;sle<i p:eisons '1'1110 IVisIl to resppnd 1'c this So llcitalion can obtain he
co mplete Soll~ltalrOf\ paS;kage by accessIng Ihe following webpage:
http://www.soultlmlamlfl.go~/lVhl!;h IS \I1e elf}' 01 South Mfam r s web
address for soll cltallon Infonna.tlon. The City will only rec~lye 8ul)mittals
elewonically through tho DomandStar electronic Bid ~tem {E-Blddlng).
To teglstar as'S business. go to !ms:llnalwork.demanosijlr.com!
proposiijs must b.a rece ived electronically t hrough DeJ1lMClS1ar, no !aler
thap 10:90 kM. local time (the "Closing Dat~ on September 28, 2021
3119 any Proposal received bY !he 0/ty thl.tl!JQh Oe!T1andSIa/ after 10:00 a.m
local ITme on SAid <tate will not be accepted under any circumstances.
Hand delivery win not be accepted.
E-BID OPENING VIA VIDEO CONFERENCING:
The open M of E-Bids for this solicilStfon '11111 oo.Qur at !D;~ Md. loc~1
-time on (llie ClOSing Date, SeptemblH' 28, 2021 'fila GJty Clerk WIll
conduct the E-Bid Ope ning through video conter~ncing uSing the Zoom
platfonn. M~I)~rs of th~'pl!b.lic. may IItew the meeting via Zoom llt
It %J. oom.uSli 05'6~6S39l or Ustel1 to the mee~ 00 8!dedIt3IEd phOne
li ne by dtaling +1-786-635-1003 Meetlog 10. 30.56636339 .
9/17
Nkenga A. Payne. CMC. FCRM
City Cia(\(, City of South Miami
21-16010000552375M
140
10/1/21. 4:45 PM Detail by Entity Name
Dp p;mmllnl of SIAIC i Qlvi..<IO" 9( C!>rQ!)!j1 1 10h~ I Sea,,," Re!Nro~ I S"""ch h j.Jll!jy' Name I
Detail by Entity Name
Florida Profit Corporation
UNITEC INC.
Filing Informatio n
Document Number
FElfEIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Addre ss
14250 NE 18TH AVENUE
NORTH MIAMI, FL 33181
Changed : 05/23/2006
Mailing Address
14250 NE 18th Avenue
North Miami, FL 33026
Changed : 01/09/201 B
P98000023322
65-0817802
03/11/1998
FL
ACTIVE
AMENDMENT AND NAME CHANGE
04/15/2014
NONE
Registered Agent Name & Address
HURLES, KATIUSKA
14250 NE 18th Avenue
North Miami, FL 33181
Name Changed: 04/21/2000
Address Changed: 01/09/201 B
Offic er /D i rector Detai l
Name & Address
Title VP
ESCORCIA, JORGE
5100 SW 148TH AVENUE
SOUTHWEST RANCHES, FL 33331
DIVISION or CORF'O!=;I\TIO\J~
141
https://search .sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&direction Type=1 nitial&searchNameOrder=UN ITEC P ... .• ~
10/1/21,4:45 PM
Title President
HURLES, KATIUSKA
11401 KNOTWAY
COOPER CITY, FL 33026
Annual Rep-arts
Report Year
2019
2020
2021
Document Images
Filed Date
01/28/2019
01/15/2020
01/12/2021
(111 2<',,"2 019 •• ANNUAL RE"QRT
P~IQ9'?(tl~ -A ~NUAL REPORT
031191'20;7 .. AI~NUAl8EPDRT
011 2411.015·· AI~I~U"'l REI>ORT
01111lr2'OlS -ANNuAL REPOR-
1'1/1 812013 Ar~NUAl REPORT
113';412012 -A ~NUAL REPORT
!)2111r1011 •• AI~ ~UAl REPORT
01/181 2010 -ANI~UAl REPORT
D1 12012009 •• ANNUAL REPORT
01i15'2008 -ANNUAL REPORT
01129/2007·· ANNUAL REPORT
05'7.312006 -ANNLAl REPORT
0V2112005·· ANNUAL REPOPT
02i,OI20()4 .. ANNUAL REPORT
O·.13012fj(l~ -ANNUAL REPORT
QZI04 ';mQ2 -ANNUAL REPORT
03126-:1001 -AI.NUAl RE?ORT
(1m 20M -ANNUAL <Ie-PORT
0 " 11 1>'39 .. A;~NUAt REPORT
0311;!1998 -Domeslic ProliL
Detail by Entity Name
View image in PDF format
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142
https:lIsearch.sunbiz_orglinquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=UNITEC P.. L 'L
2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P98000023322
FILED
Jan 12, 2021
Secretary of State
1648828894CC
Entity Name: UNITEC INC.
Current Principal Place of Business:
14250 NE 18TH AVENUE
NORTH MIAMI, FL 33181
Current Mailing Address:
14250 NE 18TH AVENUE
NORTH MIAMI, FL 33026 US
FEI Number: 65-0817802
Name and Address of Current Registered Agent:
HURLES , KATIUSKA
14250 NE 18TH AVENUE
NORTH MIAMI, FL 33181 US
Certificate of Status Desired: Yes
The above named entity sUbmits this statement for the purpose of changing Its registered office or registered agent, or both, in the Stale of Florida.
SIGNATURE :
Electronic Signature of Registered Agent Date
Officer/Director Detail:
Title VP Title PRESIDENT
Name ESCORCIA , JORGE Name HURLES, KATIUSKA
Address 5100 SW 148TH AVENUE Address 11401 KNOTWAY
City-State-Zip : SOUTHWEST RANCHES FL 33331 City-State-Zip: COOPER CITY FL 33026
I hSleby certify lhallhe informst OJ) indicate.d on/hiS repOif or w pp!emonlal repol' hi (rue IJIId occu!CJle and that my electronIc signaJure.s.haIJ have tne.umc I~I Cnt:Cl as-it mad! under
oath: mull am an officer or d:rnc IOl 01 'he COtporalIoft Of the fSC:WoIer 01' trustee umptnyamd to e~tlC1Jte this report as leqlJJr~d by Chop/af 607 FlOrida SIIJIurcs,· Dnd thai MY flvme apiJ.llilfS
above, or on an attachment with all other like empowered.
SIGNATURE: KA TIUSKA HURLES PRESIDENT 01/12/2021
Electronic Signature of Signing OfficerlDirector Detail Date
143
i
~
~
~
J
¥
I
J
I
j
I
PROJECT LOCATION
MIAMI-DADE COUNTY yl' •
INDEX OF PLAN SHEETS
SHEET NO. SHEET DESCRIPTION
1 KEY SHEET
G-1 GENERAL NOTES
S-1 LOCATION DF FOUNDATIONS
S-2 SCULPTURE (A) FOUNDATION
S-3 SCULPTURE (B) FOUNDATION
S-4 SCULPTURE (C) FOUNDATION
DESIGN TEAM
STRUCTURAL ENGINEER
Marlin Engineering, Inc
6840 Northwest 77th Court
Miami, FL 33166
Phone: (954) 870-5070
Fax: (954) 800-6045
www.marlinengineering.com
OWNER:
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Phone: (305) 663-6338
GOVERNING DESIGN STANDARDS:
Florida Building Code, 2020
! GOVERNING STANDARD SPECIFICATIONS:
CITY OF SOUTH MIAMI
DANTE FASCELL PARK
SCULPTURE FOUNDATIONS
! Florida Department of Transportation, 2D21 Standard j Speci f ications for Road and Bridge Construction at the L' G'I C ..
ELECTED OFFICIALS
Sally Philips, Mayor
f following website: UIS I, ommlssloner Josh Liebman, Commissioner
Walter Harris, Commissioner
ROJECT LOCATION
THIS ITEM HAS BEEN DIGITALLY SIGNED
AND SEALED BY:
",\111 " ""I /~ ,"""~t.\I. V 0 G,/:"'", • ~',[ (; ............... ':'.r 'i,. Erick
.:;' !:,,~ •• , \.\C EN s" ... -101'> ~ f:~," ... ~'"
f ':?/ No.82455 \ * Kuervo =: * : = ~..,\ STATE OF .... ~q,.fG u i la rte ~~' '~' ~,O;::'.I:£ 0 R i tl.!:,·~~.:;~ '" ots .......... c~\:J ,--
""" SIONAL ~""" """I "mn'"
ON THE DATE ADJACENT TO THE SEAL
PRINTED COPIES OF THIS DOCUMENTS
ARE NOT CONSIDERED SIGNED AND
SEALED AND THE SIGNATURE MUST BE
VERIFIED ON ANY ELECTRONIC COPIES .
PLANS ENGINEER OF RECORD:
MARLIN
EN GI N E ER I N G
ERICK CUERVO I P.E. No.: 82455
6840 Northwest 77th Court I
Miami, FL 33166
P: 954.870.5070 I C.A. No . 6104
Digitally signed
by Erick Cuervo
Guilarte
Date: 2021.09.13
16:22:24 -04'00'
1E3 IIiED[j i~
CONSTRUCTION FISCAL
CONTRACT No YEAR
SHEET
NO.
! https: / /www.fdot.gov/progrommanagementjlmplemented/Specbocks/ Brian Corey, Commissioner J ~ ~~ __________________________________________________________________________________________________________________________________________ ~ __________ ~ ____ -L ______ J
~ ...
i
~
i!
~
J
i'
i ,
~
GENERAL NOTES: ...... -~~..... ~ CONCRETE' mAPIUM"»lthUD4tcX111.11Ttw.lI['~lrNC( "I("""
I'mtC1IiQ :cM»1OCD flO..L.. rt" .i...
DESIGN SPECIFICATIONS:
FOUNDATION DESIGNED IN ACCORDANCE WITH FLORIDA BUILDING CODE 2020, ACI 318-14 BUILDING
CODE FOR STRUCTURAL CONCRETE.
WIND DESIGN IN ACCORDANCE WITH ASCE 7-16'
MEAN HEIGHT = 15 .0 FT,
ULTIMATE DESIGN WIND SPEED VULT= 165 MPH,
NOMINAL DESIGN WIND SPEED V ASD = 126 MPH,
RISK CATEGORY I
EXPOSURE C
WIND DIRECTIONALITY FACTOR Kd = 0.85
TOPOGRAPHY FACTOR Kzt = 1.0
GUST EFFECT FACTOR G = 0.85
qh 50.4 PSF SCULPTURE (A)
qh 50.4 PSF SCULPTURE (B)
qh 50.4 PSF SCULPTURE (C)
GEOTECHNICAL DESIGN DATA:
SOIL DESIGN VALUE ARE ASSUMED.
ALLOWABLE VERTICAL FOUNDATION PRESSURE = 2000 PSF
ALLOWABLE LATERAL BEARING PRESSURE = 150 PSF /FT
MATERIAL SPECIFICATIONS:
CONCRETE SHALL HAVE A MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 3,000 PSI
COORDINATE CONCRETE COLOR AND FINISH WITH CITY OF SOUTH MIAMI
ALL REINFORCEMENT SHALL BE ASTM A615, GRADE 60
SUBGRADE AND BACKFILL MATERIAL SHALL CONFORM TO THE STANDARD SPECIFICATIONS
LOCA TION OF SCULPTURES:
ALL ELEVATION ARE BASED ON A ASSUMED DATUM
LOCATION OF SCULPTURES DEPICTED ON EXISTING BOUNDARY SURVEY ARE ILLUSTRATIVE ONLY.
PRIOR TO INSTALLATION, COORDINATE EXACT LOCATION OF EACH SCULPTURE WITH THE CITY OF
PROVIDE ~ INCH CHAMFERS ON ALL EXPOSED EDGES AND CORNERS EXCEPT AS NOTED
OTHERWISE.
CONSTRUCTION JOINTS WILL BE PERMITTED ONLY AT LOCATIONS INDICATED ON PLANS. ADDITIONAL
CONSTRUCTION JOINTS OR ALTERATIONS TO THOSE SHOWN WILL REQUIRE APPROVAL BY ENGINEER .
MINIMUM CONCRETE COVER
CONCRETE EXPOSURE
CAST AGAINST AND
PERMANENTLY IN
CONTACT WITH GROUND
EXPOSED TO WEATHER
OR IN CONTACT WITH
GROUND
NOT EXPOSED TO
WEATHER OR IN
CONTACT WITH GROUND
REINFORCEMENT:
MEMBER
ALL
ALL
SLABS, JOIST
AND WALLS
BEAMS,
COLUMNS,
PEDESTAL, AND
TENSION TIES
REINFORCEMENT SPECIFIED
COVER, IN .
ALL 3"
No . 6 THROUGH 2" No. 18 BARS
No . 5 BAR. W31
OR 0 31 WIRE, 1-1/2"
AND SMALLER
No. 14 AND No. 18 1-1/2" BARS
No. 11 BARS AND 3/4" SMALLER
PRIMARY
REINFORCEMENT,
STRIRRUPS, TIES, 1-1/2"
SPIRALS, AND
HOOPS
ALL DIMENSIONS PERTAINING TO THE LOCATIONS OF REINFORCEMENT ARE TO THE CENTERliNE OF
BARS EXCEPT WERE THE CLEAR DIMENSIONS IS SHOW TO THE FACE OF CONCRETE.
REINFORCEMENT DIMENSIONS ARE OUT -TO-OUT OF BARS ,
BACKFILL AND SUBGRADE:
PLACEMENT OF BACKFILL AND SUBGRADE SHALL COMPLY WITH THE STANDARD SPECIFICATIONS.
MATERIAL REMOVED FOR THE PLACEMENT OF BACKFILL AND SUBGRADE SHALL BE DISPOSED OF
SOUTH MIAMI. OFF SITE.
II' CONTRACTOR SHALL COORDINATE SCULPTURE PICK-UP POINTS WITH THE CITY/ARTIST FOR LIFTING EARTHWORK:
AND/OR INSTALLATION OF SCULPTURES. -THE CONTRACTOR IS SOLELY RESPONSIBLE FOR ALL EXCAVATION PROCEDURES INCLUDING
~ LAGGING, SHORING AND PROTECTION OF ADJACENT PROPERTY, STRUCTURES, STREETS AND J UTILITIES IN ACCORDANCE WITH THE REQUIREMENTS OF THE LOCAL BUILDING DEPARTMENT AND
,"fJ..~3J\1III
I LOCATIONS OF ANCHORAGES AND METHODS OF INSTALLING SCULPTURES FOUNDATIONS ANCHORS OSHA REGULATIONS. DO NOT EXCAVATE WITHIN ONE FOOT OF THE ANGLE OF REPOSE OF ANY SOIL I ,",'" CO"'" wm~ '"' ",,,. ""'" "O""'m' ",UC" '"' "0"""'0' " Peoe"" "o>,mo ,,,,,,, "m,"",.
irs, r MARLIN em " SlMJnr III'" ""' ... 1 _ r~G ~"'Ic£p.~ RN~.'" ~4.!6 <:;('.111 PTlJRF FnlnJnATlntJe:: AT n~ •• 1TF F"""(,I'II PARI( GENERAL NOTES , ._-
"-(J1 o z o z ;= o ... ;= 0 ... z u => g e
!
~
ri
'" • 1
i
(3) %"¢ ADHESIVE ANCHOR, W/
17" MIN . EMBEDMENT, SEE NOTE
THIS SHEET
(18)#6 LONGITUDINAL BARS
#3 STIRRUPS @ 10"
CONCRETE FOUNDATION
'1A
.
DO
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3
i 7'-6" , ,
j
ji
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i t I I~
SCALE: 1/2"=1'-0"
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in
I
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I
-,~
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I
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.
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1'-0"
7'-6 "
3 "
2'-7 1/2" ,r-2'-7 1/2" 1'-0"
1\alC1OI!IO~A.:!IOItwt'b I ~
'5O.U'''.tU; rNCIAa bUIOIlI' cwrl[ lA.Scnl..-PISo<
""";0'110 mtOMC(I) 'llCtT---.!.... ~....L.
(18)#6 LONGITUDINAL BARS &
#3 STIRRUPS @ 10" O.C,
(3) %"¢ ADHESIVE ANCHOR, W/
17" MIN. EMBEDMENT, SEE NOTE
2 THIS SHEET
LIMITED OF COMPACTED
SUBGRADE
~I 'oj <:§" ..... "W',-' I I
I '-
'0
,I
EXISTING FINISH
GRADE TO REMAIN
(8)#5 TOP/BOTTOM
BARS, 8" O.C
COMPACTED SUBGRADE
MARLIN
tllaa.J[JMI I P.E No.:52oL3!1
MoW ~::""JIJ~=r:f c!... ~""il~ .1l1118
SECTION A-A
SCALE: 1/2"=1'-0"
NOTES:
(8)#5 TOP/BOTTOM
BARS, 8" O.C
1. SCULPTURE IS ILLUSTRA TIVE ONLY AND SHALL BE PROVIDED BY ARTIST •
2. %" ¢ x 17" LONG ADHESIVE ANCHORS SHALL COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APL) FOR TYPE HV.
3 . SCULPTURE WEIGHT = 200 LB ±
4. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND
REPORT ANY DISCREPANCY TO OUR OFFICE .
5 . FOR GENERAL NOTES SEE G-l
6 . DISTANCE BETWEEN ANCHORS IS 2'-8"
-"
OTt (II SCUllO "I .... 1\tJ\"C'
SCULPTURE FOUNDATlONS AT DANTE FASCELl PARK
SCULPTURE (A)
FOUNDATION
5-2
~
~
~
:!
.1
f
J
I
j
j
(4) %"¢ ADHESIVE ANCHOR, w/
10" MIN . EMBEDMENT, SEE NOTE
THIS SHEET
(12)#6 lONGITUDIN AL BARS
#3 STIRRUPS @ 8" O.C. ~I~I
CONCRETE FOUNDATION
:..
b
r
I-
W
W
I
Ill'" W'" o:::r:
::::l>-
I-
(L~
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01-
",0
Z
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W
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--,_.I
1'-0"[ 1'-0"[ 1'-10" l l'-O" l 1'-o·
'1 1 J1 "I
5'-10"
SECTION 8-B
SCALE: 1/2"=1'-0"
~
EXISTING FINISH
GRADE TO REMAIN
(6)#5 TOP /BDHOM
BARS, B" D.C
COMPACTED SUBGRAOE
5'-10"
1'-0", 3'-10" \1'-0· , 1
1'-0"+ 1'-10" ,.1'-0·
0::'":'
"*"-~~ ... -I~ SQ.IJI~ fDIII)-'fOf CIl.!»f ,n GAlift ,~U rN« ?'"
1'IIUnw:a.:I!t':IGJI.d -n...L tr..L
(12)#6 LONGITUDINAL BARS &
#3 STIRRUPS @ 8" 0 C,
p~
NJ'-' /n"'.. ----~
~
(4) %"¢ ADHESIVE ANCHOR, W/
10" MIN , EMBEDMENT, SEE NOTE
-J 2 THIS SHEET ,
J J (6)#5 TOP/BOTTOM
" BARS, 8" O.C
SECTION A-A
SCALE: 1/2"=1'-0"
NOTES:
LIMITED OF COMPACTED
SUBGRADE
" SCULPTURE IS IllUSTRATIVE ONLY AND SHAll BE PROVIDED BY ARTIST.
2. %" (II x 10" lONG AOHESIVE ANCHORS SHAll COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APl) FOR TYPE HV.
3 , SCULPTURE WEIGHT = 200 lB ±
4. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING All DIMENSIONS AND
REPORT ANY DISCREPANCY TO OUR OFFICE.
5 , FOR GENERAL NOTES SEE G-l
6 , ANCHORS TO ATTACH TO THE INSIDE EDGE OF SCULPTURE BASE
i
il--P!OC::P!L!==:J!!.l!1!ffi!C==I~!I:f.!iq:=:::~~~==::;::!!l!q]L+===IDl"""""'m!E:===l ~~ .. I,I,~~!! CllY Of SOUTH .'AI/], FLORIDA SCULPTURE (8) 1 _=:-~~I~~lJ'" SCULPTURE fOUNDATIONS AT DANTE fASClLL PARK FOUNDATION
(i "'1M.D~1c.\",,'1(H
(8) %"Ill ADHESIVE ANCHOR, W/ \ P<.OI.<"""[~l"~",,,..... I ~
21" MIN. EMBEDMENT, SEE NOT E SOJU'n.o, """''''''" ""'" A1 'ANl[ '''''''L PARI.
2 THIS SHEET, 11' o· ..... <lM"'''...... ....-L "-'-, \ ,L
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,
o
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21 :tlJ.I:J II ~II " i, .
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, o ,
:..
.
<Xl
.1
N
:0
EXISTING FINISH
GRADE TO REMAIN
(10)#6 BARS,
8" O,C
#3 STIRRUPS
@ 10" O.C.
NOTES:
SECTION A-A
SCALE: 1/2"=1'-0"
(13)#5 TOP /BOnOM
BARS, 8" O.C
LIMITED OF COMPACTED
SUBGRADE
II ":"1 '; ~, '''1 III '. II, 114l II II IL II II II I II II II Il lr II 'II II ' ,1111, ,II III . ~\ >-'. ...~. 21" MIN , EMBEDMENT, SEE NOTE 1. SCULPTURE IS ILLUSTRATIVE ONLY AND SHALL BE PROVIDED BY ARTIST.
t "·' r ~. " .,.", •••• , -, , " , ..... ~. ". 2 ')I" III x 21" LONG ADHESIVE ANCHORS SHALL COMPLY WITH THE FOOT'S ,\:" _ .. J " i.' " -, ' 8 . I ~ --/ APPROVED PRODUCT LIST (APL) FOR TYPE HV.
• 0 l l I j COO", we 'OHO'
'"1 ''' '-:'~. I .' ~
N ' .. ~ SEE NOTE
I :.!. BARS, 8" O.C 3. SCULPTURE WEIGHT = 400 LB ±
, " , H '" -----,-. ," COMPACTED SUBGRADE I i 1 -0 , 1 -2 , 6 ,-8" 1 -2 1 -0 1 4. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND 1 11 -0 REPORT ANY DISCREPANCY TO OUR OFFICE.
1 SECTION 8-8 5. FOR GENERAL NOTES SEE G-1 1 SCALE : 1/2"=1'-0"
I · ., l " "" ~~.~.I::~~::" DTf 01 SQffio .,. ... n..... SCULPTURE (C)
"'l~~I:.!I-::~tlla ... SCULPTURE fOONOATlDNS AT DANTE FASCElL PARK FOUNDATION
(,I "~.11I't_IU.",,1104