Res No 067-22-15820RESOLUTION NO.: 067-22-15820
A Resolution authorizing the City Manager to awa rd a contract to Unitec Inc., for the
transporting of sculptures and construction of pedesta l foundation footers for sculptures
at Dante Fascell Park.
WHEREAS, t he City of South M iami is a sister City to Medellin, Colombia; and
WHEREAS, the Mayor and City Commission bud geted for this project in the Capital Improvement
Program 5-Year Plan ; and
WHEREAS, th e City ha s re ce i ve d four scu lptures by Columbi an artists and t he sculptures are
d esig nated for display within Dante Fas cel l Park; and
WHEREAS, the City w ill utilize a base for t h e scul ptures by Columbian artists that was previously
des igned by Marlin Engineering and the sculptu re base will be constructed to disp lay t he sc ulpture
appropri ate ly and safely; and
WHEREAS, the City's Pu bli c Works Department solicited quotes for this project on May 24, 2022,
for the transportation of four (4) scu l ptures from Publi c Works Department to the park and t he scope
in cludes, but is not limited to, the installation, permitting and construction of concrete base and
placement of the scu lptures on the base; and
WHEREAS, t he Public Works Department Engineering and Construction Division received a total
of t hree (3) cost proposals; and
WHEREAS, Unitec Inc . submitted a cost proposal i n the amount of $54,790.00 t hat was determined
to be the most respo nsive and most cost effective; and
WHEREAS, t he Mayor and Commission desire to authorize the City Manager at her discre tion to
allow work o n Saturdays; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager t o negotiate and
e nter into a contra ct w ith Unitec In c., for the transporting of scu l ptures, construction of pedestal
fo und ation footers an d insta ll ation of sculptu r es at Da nte Fascell Park for a tota l am ou nt not to exceed
$54,790.00; and
WHEREAS, t h e expense for t his project shall be charged to the Cap ital Improvement Program Fu nd
account n um ber 301-1790-5 1 9-6450 which has a bala n ce of $1,041,303.56 prior to this request.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF
SOUTH MIAMI, FLORIDA :
Section l. The foregoing recitals are hereby ratified and confirmed as be i ng t rue and they are
incorporated i nto this r esolution by reference as if set forth in full here in .
Secti on 2. The City Manager is authorized to negotiate the price, terms, and conditions and to
execute a contract with Unitec Inc., for the transporting of sculp tu res, construction of pedestal foundation
Page 1 of 2
Res. No. 067-22-15820
footers, and installation of sculptures at Dante Fascell Park. The expenditure shall be charged $54,790.00
to the Capital Improvement Program Fund account number 301-1790-519-6450 which has a balance of
$1,041,303.56 prior to this request. The City Manager is authorized to expend an additional $5,000 from
said fund for any conditions that could not have reasonably been foreseen by the contractor when its bid
was submitted or by the City Manager. In addition, the City Manager may permit Unitec Inc. to work on
Saturdays between 9:00 am to 5:00 pm.
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 wi ll not affect the
validity of the remaining portions of this r esol ution.
Section 5: Effective Date: This resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 7th day of June, 2022.
ATTEST:
c~~~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY, AND EXECUTION
THER ~---,..___ ,,,,--,
COMMISSION VOTE:
Mayor Philips:
Commissioner Harris:
Commissioner Gil:
5-0
Yea
Yea
Yea
Commissioner Li ebma n: Yea
Cl Commissioner Corey: Yea
. Page 2 of 2
CONSTRUCTION CONTRACT
SCULPTURE GARDEN FOUNDATION COSTS & INSTALL
THIS CONTRACT was made and entered into on this 7 day of IUNE. 2022. 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:
FIFTY-FOUR THOUSAND SEVEN-HUNDRED AND NINETY Dollars ($54.790 . 00)
(Spell Dollar Amountabovo) ("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 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.
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 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.
8. The Work must be completed in 30 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 $1.825 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 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.
I 0. 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.
11. The date that this contract was "made and entered into" and its effective date is the date that the contract is the
signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the
Effective Date is the date of the resolution approving the Contract whichever is the later date.
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 confl ict 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
ATTESTED:
CONTRACTj>'\ c ~ ~
Signature: ~-~ ),:_______
Print Signatory's Name: k'.-orh L)S, ¥::0 .\,\u ( \es
Title of Signatory: t;1.ef'ero.\ N\o.J"\o..0e <"
OWN,~ c•itt~o~UTH IAMI r\. "
Signature:~-----=-' t-P...Y
Shari Kamai
City Manager
Read and Approved as to Fo rm, Language,
Legality, and Execution Thereof:
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
SCULPTURE GARDEN FOUNDATION COSTS & INSTALL
ARTICLE I -DEFINITIONS
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 refer 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.
Appl ication for Payment: A form approved by the City's consultant (CONSUL TANT), 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 O r der 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 Manager; Includes the City Manager's designee.
Conscr-uction Observer: An authorized representative of CONSUL TANT, 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.
C ontract 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.
Concracring 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.
CONSUL TANT: The person identified as CONSUL TANT 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
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 w ill 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 not a
Saturday, Sunday or legal holiday.
Defe ctive 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 responsibil ity 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.
Dra wi ngs : The drawings which show the character and Scope of the Work to be perfo rmed and which have been
prepar ed or approved by CONSULT ANT, or if none, then by an architect or engineer hired by City Manager and
are referred to in the Contract Documents.
Fie ld O rd er: A written order issued by CONSUL TANT which cl arifies or interprets the Contract Documents in
accordance with Paragraph 9.3 or o r ders mino r changes in the Work in accor dance with paragraph I 0.2.
Mo dific ation: (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 I 0 .2. A mod ification 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
uns at isfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection , reference
standard , test, or that does not meet any approval requ ired by, or referred to in , t he Contract Documents, or
work that has been damaged prior to CONSULT ANT's r ecommendation of final payment (unless responsibil ity for
the protection thereof has been assumed in writing by OWNER).
Notice o f Award: The written notice by City Manager to t he appa r ent successful Bidde r 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 w ill 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 ind ividual or legal entity.
~ The e ntire construction operation being performed as delineated in the Contract Documents.
Policy: The ter m "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 co be perfo r med 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 D ra w ings : All drawings , diagrams, illustrations, brochures, schedules, and other data which are prepared by
CONTRACTOR, a Subcontractor, manufacturer, supplier, or d istributor, 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 .
Specificati ons : Those portions of the Contract Documents cons isting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subco ntractor; An individual, firm or corporation having a direct contract with CONTRACTOR or with any
ocher Subcontractor fo r the performance of a part of the Wor k at the construction site.
Su bs tantial Completion : The date, as certified by CONSUL TANT, 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 CONSULT ANT,
w ill be null and void if it is based on false, mislead ing , 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.
S!i_ppl ie r : 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 obliger 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 ,
a pprovals, and disapprovals r equir ed to obtain compl iance with Contract requirements. Written notice will be
deemed to have been duly served if delivered in person to the ind ividual or to a member of the firm or to an
officer of the cor poration 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.
ARTI CLE 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 neces sary, to establ ish , 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 .
Executio n of C ontract:
2.2 At least four counterpar t s 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 C ity Manager within ten ( I 0) calendar days of receipt of the Notice of Award . A Contr act
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, w ithout proof or accounting for
the other counterpart be deemed an original Contract Document.
Forfeiture of Bid Security/Perfo rmance and Payment Bo nd if an y are req uired by the applicable RFP:
2.3 Within ten ( 10) calendar days of being notified of the Awa r d , CONTRACTOR must fu rn ish 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 ( I 00%) 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 hund red percent ( I 00%) of the Contract Sum.
2.3.3 Pursuant to the requ irements of Section 255.05( I), Florida Statutes, CONTRACTOR must ensu re
that the Bond(s) referenced above are recor ded in the public records of Miami-Dade County and
provide City Manager with evidence of such record ing .
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, cu r rent
revis ions.
2.3.6 OWNER will only be required to accept a surety bond from a company with a r ating A. VII or
better.
2.3 .7 Failure of the successful Bidder to execute and deliver the Contract and delive r the required bonds
and Insu rance documents will be cause for the City Manager to a nnul the Notice of Award and
declare the Bid and any security therefore forfeited .
Contractor's Pre-Start Representatio n:
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
Wor k r eflected in the Contract Documents and that he has correlated the r esults of all such data with
the requirements of the Contract Documents.
Commencement of Contract Ti me :
2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed.
S tarting t he 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 Cons tructi on:
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 CONSUL TANT any conflict, error, or
discrepancy which it may discover. Neither OWNER nor CONSUL TANT will be liable for any harm ,
damage or loss suffered by CONTRACTOR as a result of its failure to discover any confl ict, 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.
Sc he du le of C ompletion:
2.8 Within Five (5) business days after delivery of the Notice to Proceed by C ity 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 . CONSUL TANT w ill approve this schedule or
require revisions thereto w ithin 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, CONSUL TANT,
Resident Project Representatives , CONTRACTOR, and its Superintendent.
Qualifi cati ons of Subconcracc o r s. Material 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 CONSULT ANT 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, CONSUL TANT will notify
CONTRACTOR in writing if either the City Manager or CONSUL TANT has reasonable objection to any
Subcontractor, person, or organization on such list. The failure of the City Manager or CONSUL TANT
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 CONSUL TANT 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 CONSULT ANT 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 ]-CORRELATION INTERP ETATION 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 CONSUL TANT'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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT, 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 CONSUL TANT as set forth in Section 9.3 below.
3.1 I CONTRACTOR must advise CONSULT ANT, prior to performing any work involving a conflict in the
Contract Documents and CONSUL TANT 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. CONSUL TANT 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 LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Avall a bili ty 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 Cond itions:
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/ CONSUL TANT on the site or any contiguous site, as well as from information
presented by t~e 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/ CONSUL TANT.
Differing Site Conditi ons:
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 CONSULT ANT.
ARTICLE 5 -INSURANCE Contractor must comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARTICLE 6 -CONTRACTOR'S RESPONSIBILJTIES
Supervisio n an d Superintendence:
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 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 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 CONSUL TANT
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, Mat eria ls an d Ec;iuip menc :
6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out 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. Materials. Equ ipment, Pr oducts 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 CONSUL TANT 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 CONSUL TANT.
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 CONSULT ANT, such material, article, or piece of equipment is of equal substance
and function to that specified, CONSULT ANT 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 CONSUL TANT 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-confo r ming Work: The City of South Miami may withhold acceptance of, or reject ite ms
which are fou nd 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.
Concerning Su bcontracto rs:
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 CONSUL TANT, unless CONSUL TANT determines that
there is good cause for doing so .
6.8 CONTRACTOR is fully respons ible for all acts and omiss ions of its Subcontractor s 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
CONSULT ANT to pay or to see to payment of any subcontractor or other person or organization ,
except as may otherwise be required by law. City Manager or CONSULT ANT may furn ish 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 divid ing the Work among Subcontractors or delineating the Work per formed 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.
6.1 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 responsible for the coordination of the trades, subcontractors, material , and men
engaged upon their Work.
6.12.1 CONTRACTOR must insert 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 ov er CONT RACT OR under a ny provisions of the Contract Documents.
6.12.2 The C ity Man ager or CONSU LT ANT will not undertake to settle any d ifferences between
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12 .3 If in the opinion of CONSUL TANT, any Subcont ractor 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.
Paten t Fees and Royaltie s:
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 indemn ify and hold harmless OWNER and CONSUL TANT 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 respons ible for such
determination on systems which do not involve purchase by them of materials, appli ances , 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 ar e 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 .
El e ctrical Power a nd Lig htin g:
6.16 Electri cal power requ ired du r ing constr uction must be p r ovided by each pr ime CONTRACTOR as
required by it. This service must be installed by a qualified electrical Contractor approved by
CONSUL TANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary
for good and proper workmanship, fo r inspection or for safety. No temporary power may be used off
temporary lighting lines without specific approval of CONTRACTOR.
La ws and Reg ul ations:
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 CONSUL TANT 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 w ithout such notice to CONSUL TANT, it must bear all costs
arising there from: however, it will not be its primary responsibility to make certain th at the Drawings and
Specifications are in accordance with such laws, ordinances, rules, and regulations .
Discrim ination:
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 disabil ity.
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 an d Proteccion:
6 .19 CONTRACTOR is 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 constr uction.
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 e rgencies :
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 CONSULT ANT or City Manager, is
obligated to act, at his discretion, to prevent threatened damage, injury, or loss . He must give
CONSUL TANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If CONTRACTOR believes that additional Wor k 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 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.
Shop D raw ings and Samples :
6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSUL TANT for
review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at
CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT to review
the information without any unnecessary investigation.
6.23 CONTRACTOR must also submit to CONSUL TANT 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 CONSULT ANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents .
6.25 CONSUL TANT 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
CONSUL TANT and must return the required number of corrected copies of Shop Drawings and
resubmit new samples until the review is satisfactory to CONSULT ANT. CONTRACTOR must notify
CONSUL TANT, in writing, of any prior Shop Drawing or 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
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 CONSUL TANT. 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 CONSUL TANT in writing, by CONTRACTOR at the site and must be available to
CONSULTANT.
6.27 CONSUL TANT'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 CONSUL TANT, in writing, to each deviation at the time of submission
and CONSUL TANT has given written approval to the specific deviation , nor may any review by
CONSUL TANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop
Drawings or samples.
6.27A CONTRACTOR is liable to OWNER for any additional cost or delay that is caused by its failure to notify
CONSULT ANT 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 a nd 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.
San ita ry 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 proc,eeding is brought against OWNER or CONSUL TANT 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 CONSUL TANT, 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
CONSUL TANT, 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 CONSUL TANT, 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.
Responsib ility fo r Connecti on t o Ex isting Work:
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 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 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. sufficiently early in the
construction period to prevent any adverse effect on the Project.
Cooperation wi t h Governmental Depa rtments. Publ ic Utilities. Ere.:
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 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 des ires 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 Premises:
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 CONSUL TANT and City Manager, and may
not unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR may 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 CONSUL TANT 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.
6.38.S 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 CONSUL TANT. All such facilities must be furnished in
strict accordance with existing governing regulations. Field offices must include telephone
facilities.
Protectio n of Ex isting Pr o perty Improvements :
6.38 Any existing surface or subsurface imp r ovements, such as pavements, curbs, sidewalks, pipes or utilit ies,
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 Wor k
itself), reasonable opportunity for the introduction and storage of materi als and equipment and the
execution of Work and must properly connect and coor dinate its Work with theirs.
7.2 If any part of CONTRACTOR'S Work depends upon pr oper execution or results of the Work of any
other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any
defects o r 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 CONSUL TANT
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 add itional 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 constr uction Work
the work of such other separate contractor s as directed by them. Where such chases , slots, etc., are
impracticable, the Work will require specific approval of CONSUL TANT.
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 CONSULT ANT
immediately and in writing. Lack of such notice to CONSUL TANT 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 CONSUL TANT, the City Manager will appoint a
CONSUL TANT 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.
City's Rgpresencative:
9.1 CONSUL TANT will be OWNER'S representative during the construction period. The duties and
responsibilities and the limitations of authority of CONSUL TANT 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 CONSUL TANT.
9.1.1 CONSUL TANT'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 CONSULT ANT 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 lnterpretacions:
9.3 CONSUL TANT 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 Quantities:
9.4 All Work completed under the Contract will be measured by CONSUL TANT according to the United
States Standard Measures . All linear surface measurements will be made horizontally or vertically as
required by the item measured.
Rejecting Defective Work:
9.5 CONSUL TANT 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 CONSULT ANT 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
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.
Shop D ra wings . Change O r ders and Paym ents:
9 .6 In connection with CONSUL TANT responsibility as to Shop Drawings and samples, see paragraphs 6.25
through 6.28, inclusive.
9.7 In connection with CONSUL TANT's responsibility for Change Orders see Articles I 0, I I, and 12.
9 .8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc ., see
Article 14.
Deci s ions on Disa greements:
9.10 CONSUL TANT will be the initial interpreter of the Construction Documents.
Limitations on Consu ltant's Res ponsibilities:
9.1 I CONSULT ANT will not be responsible for the construction means, methods, techniques, sequences or
procedures, or the safety precautions and programs incident thereto.
9.12 CONSUL TANT 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 IO. CHANGES IN THE WORK.
I 0.1 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 CONSULT ANT
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 CONSUL TANT 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 CONSULT ANT'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.
I 0.3 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 I 0 .2.
I 0.4 The City Manager will execute appropriate Change Orders prepared by CONSUL TANT 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 CONSUL TANT.
I 0.5 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 11 -CHANGE OF CONTRACT PRICE.
11.1 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:
I 1.2.1 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
11.2.4 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 .
11.4 When a Change Order is issued by CONSUL TANT 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 CONSUL TANT, it must, within ten ( I 0) 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 1.8.
11.6 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 I 5%. If
CONTRACTOR disagrees with CONSULT ANT'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
co 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 co 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.
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 CONSUL TANT, 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".
11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by City Manager with the advice of CONSUL TANT, 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.
11.8.5 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.
I 1.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage, and s imilar 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:
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.
I 1.9.2 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.
t 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 I 1.8.9).
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.
I 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph 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.
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 any one 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 LI UIDATED 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.
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.S 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 payment or compensation of any kind from OWNER for direct, indirect, consequential, impact
or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency,
overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause
whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable .
12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the
21st 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 CONSUL TANT
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 CONSUL TANT 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 furnished and
Work performed for three (3) years from the date of Final Acceptance as indicated in CONSUL TANT
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 ( I 0) 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 cost~ 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 co 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 ( I 0) calendar days before each progress payment falls due (but not more often than
once a month), CONTRACTOR must submit to CONSULT ANT 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 TANT 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 I 00% 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. CONSUL TANT will within ten ( I 0) calendar days after receipt of each partial payment
estimate, either certifying in writing its approval of payment and present the partial payment estimate to
the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his
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 retain five (5%) 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 multiphase 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 Warranty 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.
Approval of Payment
14.4 CONSUL TANT'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
CONSUL TANT 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 th at
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 CONSULT ANT 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. I 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 o r 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 CONSUL TANT, may use any completed or
substantially completed po rtions 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 CONSUL TANT 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 into 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.
Accegta nce of Fina! 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,
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 CONSUL TANT 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. I 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
CONSUL TANT, 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 for a
period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and
CONSUL TANT, 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 .
C ity May Ter m inate
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 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 CONSUL TANT, 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 CONSUL TANT 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 CONSUL TANT, 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 Equ ip ment
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.
C0ntractor May Stop Work or Terminace
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 CONSUL TANT, 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
CONSUL TANT has failed to act on an Application for Payment or OWNER has failed to make any
payment as afore said, CONTRACTOR may upon ten ( I 0) calendar days' notice to the City Manager and
CONSUL TANT stop the Work until it has been paid all amounts then due.
Indemn ification of Independent Consultant.
15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSUL TANT is an independent
contractor of OWNER, CONSUL TANT 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 CONSUL TANT's request, agrees to provide
CONSULT ANT with a written indemnification and hold harmless agreement to indemnify and hold
CONSUL TANT harmless as to any decision in this regard before CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 -WAIV.ER OF !URY 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 /VENUE/ 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 -PRO!ECT 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 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 -ORCE MA EURE.
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.
24.1.6 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 clauses set forth in this Section and Contractor's failure to enforce compliance
is a substantial and material breach of this Agreement.
ARTICLE 25 -ANTI DISCRINIMATION
25.1 Contractor and all of its employees, subcontractors and subconsultants, while performing work for
the City, including the hiring and retention of employees for the performance of Work, are prohibited
from discriminating against anyone on the basis of race, color, religious family status, sex (including
sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status,
labor organization membership, political affiliation, national origin, age, disability or any other
classification that is federally defined as a "protected class" and Contractor must take all steps
necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants
who are performing work for the City and must ensure nondiscrimination in all programs, services
and activities that are part of the Scope of Services. A violation of this paragraph is a substantial,
material breach of this Contract.
25.2 Contractor must include in all of its subcontracts the following clause:
"Subcontractors and all of their employees, subcontractors and subconsultants, while performing
work for the City, including the hiring and retention of employees for the performance of Work, are
prohibited from discriminating against anyone on the basis of race, color, religious family status, sex
(including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership
status, labor organization membership, political affiliation, national origin, age, disability or any other
classification that is federally defined as a "protected class". Subcontractors must take all steps
necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants
who are performing work for the City and must ensure nondiscrimination in all programs, services
and activities that are part of the Scope of Services. A violation of this paragraph is a substantial,
material breach of this Subcontract."
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge
their inclusion as part of the Contract Documents on th is \~ day of ~\.>l\.e. , 20 2-'2...,
ATTESTED:
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
CON"fRACTC:~ U.0, N L
Signature: ~ /1 4 J.
Print Signatory's Name: ~\-tl\.)S. \L-'1! Hu r k 5
Tide of Signatory: (1.e n.erC\\ K t,1../\0.,o.(f
OWNER: CITY OF SOUTH MIAMI
\\\ Vo ~-
Signature: ~~ 1 O •
Shari Kamali
City Manager
END OF SECTION
EXHIBIT 6
Supplementary Conditions
CONSTRUCTION CONTRACT
SCULPTURE GARDEN FOUNDATION COSTS & INSTALL
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
3363 W. Commercial Blvd.
Suite 115
Ft. Lauderdale, FL 33309
Ph: 954/870-5070
B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating
the services of CONSULT ANT or from substituting another "person" to act as CONSULT ANT.
C. Plans for Construction: CONTRACTOR will be furnished One... 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 N/A 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 and if there is a conflict the attached Exhibit will take
precedence.
F. The Work must be completed in 30 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 CONT,RACTOR 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.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their indusion as part of the Contract on this .L2t:_ day of :;:1Ul\.l, , 20 1-2--.
CONTAACT,9"1yn·, i<L ~)
Signature: l,L..kJA /.
Print Signatory's Name: \l_.[l\.\;vS \L t:11. fu ( \-e 5
Title of Signatory: _____________ _
ATTESTED:
Read and Approved as to Form , Language,
L~Uty, '."d &e::;Jifr
OWNE~: CITY ~OUTH Ml~~~-
S1gnature:_~t,. e.9-J
S ari Kamali
City Manager
EXHIBIT 2
SCULPTURE GARDEN FOUNDATION COSTS & INSTALL
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-contractor/sub-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-contractor/sub-consult.ant 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-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance.
CommerciaJ 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 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.
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 CONSUL TANT 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 ( I 0)
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
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 o r 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 acc r ued against , cha r ged 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
contr actor/sub-contractor/sub-consultant or any of their officers, director s, agents , representatives,
employees, or ass igns , 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 th is 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,
o r ass igns, or anyone acting thr ough 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), Flo r ida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply
and this subparagraph sets forth the responsibility of the design professional concerning the extent of,
and the conditions under which, indemnification is required . 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
SCOPE OF SERVICES
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.
All work is to be completed in accordance with specifications, engineering construction
drawings, and in accordance with the terms and conditions described herewith 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 hou rs of 9:00
a<rn . thrnu g h S: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: Dante Fascell Park 8600 SW 5 7th 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 four (4) sculptures to Dante Fascell Park.
Note: The specifications, dimensions and weight of each sculpture is as follows:
I. Turbine 6'8" x 6'8" (80")
2. Triangular Base 11.8" x I 1.8" x 11.8"
3. Three (3) Post 71" x 71" x 16"
4. "El Alma" Two Blades Size 71" x 71" x 16"
*Please NOTE dimensions in Feet/Inches above are approximate and photos are provided
below. Contractor is responsible to field verify the areas, and quantities as per the limits
defined by the site plan .
Scu lp ture SPECS:
Sculpture I is I, I 00 lbs. 170 cm x 170 x 170
Sculpture 2 is Lightweight triangular base 60 cm high
Sculpture 3 is 223 cm x 39 x 13, I 770 lbs., 233 cm x 26 x 20, 704 lbs ., 232 cm x 30 x 19,
759 lbs. = 2,233 lbs.
Sculpture 4 is 203 cm x 50 x 50, 800 lbs., 195 cm x 46 x 30, 212 lbs.
Respondents shall be responsible for the transportation of the four (4) sculptures to
Dante Fascell Park. The four (4) sculptures are located at the City of South Miami Public
Works Division 4795 SW 75th Avenue, Miami, FL 33155.
The installation will require the permitting and construction of the four (4) sculpture
concrete footers and placement of the s·culpture 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 attached plans
c. Project Locations:
Location 3 -Three (3) Posts
d. PRICING -LUMP SUM PRICING:
Proposal pricing must be submitted in a "Lump Sum" by completing "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.
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.
e. SCHEDULE OF VALUES:
RESPONDENTS ARE TO COMPLETE THE SCHEDULE OF VALUES FORM
BELOW:
"'
SCHEDULE OF VALUES / Dante Fascell Art in Public Places
SCHEDULE OF VALUES
""" "Ill,. """ ""· IHT INT toy
..,, " IEiCIIPTDI arv cos, /cosr
SitePm~ion /
1-1 Mob1l1 za\lon " 1 L S I/
1-2 Maintenance or Traffic ' 1 LS /
" Sub-Tota'/'
Sculpture Transportation & P~nt on footer _/
2-1 Transportation or Sculpture #1 " 1 EA _/
2-2 ' PlacemenLand anchoring of Sru lpture 1'1 1 EA _/
2-3 'rransportat1 on ol SculPture #2 "'Ii~, u/
2-" ' Ip Placement and anchorin.e.of Sculoture tt2
2-5 Transportation of Scuip\ure #3 1/ 'E A
2-6 /1 ~ Placement and a nc.horingof Scu lptu re #3
2-7 iransporl alion of Sculplure #4 / 1 EA ' 2-8
Pl.aceme_ntaod a.nc hortna of Scufoture lf4 _/
1 E A ' / ' Sculpture Sile Wcu1< / ' ••c•~••c-•• "••• " mclude Excavation b ,roctulft Clea ring and Grubbing ,
"'
3-1 f y pe B' S111u • ~ot • , 12' thick m,rn mum L!3R 40) 4-m of 4 00 LS
new top s0II S -1'1; Including watenng, any necessary
Root Prur,; Root barrier
/ Sub-Tota l ' / rt°OTAL: ' 4-✓ Contingency Fund (10% of sublolal amount) ' ~2 As Bur n ' / TOTAL PROJECT COST: " 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.
Ill. 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 lead time for the rebar is two weeks. The project
will be complete 30 days after the Notice to Proceed.
The project duration and completion for this project is I 5 cale11da1 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.
' ITEM
~-
' 1-1 " 1-2
2-1
2-2
2-3
2-4
2-5
2-6
2-1
2-2
2-3
2-4
2-5
2-6
5-3 /
/
/
ITEM
DESCRIPTION
Site Preparation
Mob1lizali on ...
M~nce of Traffi c
SCHEDULE OF VALUES
Dante Fascell Art in Public Places
RFP #
EST UNIT
QTY
1 LS
1 L S
UNIT
COST
' Su b-To ta l
Sculpture Tra ~ation & Placement on footer
Tra nsportati on of Scul p~1 1 EA
Pla ce ment and anchoring of Sc~e ft l
1 E A
Transportation of Sculpture #2 ' 1 EA /
Pla ce m ent an d anchoring of Sc ul ot ure ft 2 ' 1 E A /
Tra nsport ation of Sculpture #3 ' 1 EA /
Placeme nt and anchoring of Sculpture #3 ' 1 EA /
' /
Sculpture Site Work " /
Excavation for Stru ctures / ~
Clea ri ng and Grubbing ,./ LS "-11...
Type "B" Stab itizalton (12" th ick mi nimum LBR 40) / SY " Ne w Co ncret e Footer / SY " 4-in or new 1op soil / SY "
TOTAL /
COST /
/
/
/
/
/
~/
/
Sodding lncludmg wateri ng / S Y ' / Sub -Tot al
/
/
/
;r""OTAL
Con tingen cy Fund (10% of sub lo1a l amount)
As Buill
TOTAL PROJECT COST:
NOTE : FAILURE TO CO MPL ETE THE "SCHEDULE OF VALUES " IN ITS
ENTIRELY WILL RENDER YOUR SUBMITTAL AS NON -RESPONSIVE
" ' ' " ' ' ' "
ii
~
J
J I
]
I
i
)
-.,.J./ f>I ... • j
PROJECT LOC ATION
MIAMI-DADE COUNTY .1-,'• •
INDEX OF PLAN SHEETS
SHEET NO .
G-1
s I
S 2
SHEET DESCRIPTION
KEY SHEET
GENERAL NOTES
LOC ,',TIOl'I QF FlclUNGA-l'IGI#;
-seuL PiURt (AJ f8UN&A-li
6 J ----__:,S..;C;ul lul Pc,JDLUH~E....(.B.). ECIJN DADO N
S-4 SCULPTURE fer FOUNDATION IJ1'W;'.?,,
DESIGN TEAM
STRUCTURAL ENGINEER
Marlin Engineering, Inc
6840 Northwest 77th Court
Miami, FL 33166
Phone: (954) 870-5070
Fox: (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 :
Florido Building Code, 2020
CITY OF SOUTH MIAMI
DANTE F ASCELL PARK
SCULPTURE FOUNDATIONS
f GOVERNING STANDARD SPECIFICATIONS :
ELECTED OFFICIALS
Sally Philips, Mayor
following website: Luis Gil, Commissioner Josh Liebman, Commissioner
PROJECT LOCATION
THIS ITEM HAS BEEN DIGITALLY SIGNED
ANO SEALED BY:
ON THE DATE ADJACENT TO THE SEAL
PRINTED COPIES OF THIS DOCUMENTS
ARE NOT CONSIDERED SIGNED ANO
SEALED AND THE SIGNATURE MUST BE
VERIFIED ON ANY ELECTRONIC COPIES.
PLANS ENGINEER OF RECORD:
MAR LIN
ENGINEERING
ERICK CUERVO I P .E. No.: 82455
6840 Northwest Tl'h Court I
Miami, FL 33166
P: 954.870.5070 I C.A. No. 6104
CONSTRUCTION
CONTRACT No
Digitally signed
by Erick Cuervo
Gullarte
Date : 2021.09.13
16:22:24 -04'00'
FISCAL
YEAR
SHEET
NO. I Florido Deportment of Transportation , 2021 Stondord
Speciflcotions for Rood and Bridge Construction at the
https: / /www.fdot.gov/progrommonogement/lmplemented/Specbooks/ Brion Corey, Commissioner Wolter Horris, Commissioner NIA 21 JL-______________________________________ ....J._ __ __j _ ___,__ _ ___.
(3) 1(,"¢ AD HESIVE AN CHOR, W/
17" MIN . EMBEDMENT, SEE NOTE
THIS SHEET
(18)#6 LONGITUDINAL BARS
#3 STIRRUPS @ 10" O.C.
CONCRETE FO UNDATION
7
SECTION 8-B
SCALE: 1/2"=1'-o"
f-w w :c
<( Vl
w~ n,: :c ~ ....
a..-
'5t1J
u 0 z
;i·
2'-7 1/2" 2'-7 1/2"
PUBUC~~~(t--,.
tc.u>'UICl<Ui»int:l'ltGS:'\ AfD,Yilt 1iUQU P/lflllC ........ ,,,_
~~~--l----+-.L....:.......::=::::::::::~k....jk-1 --llh~
I -...
SECTION A-A
SCALE: 1/2"=1'-0"
NO SHALL BE PROVIDED BY ARTIST .
%" ¢ x 17" LONG ADH ES IVE ANCHORS · ALL COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APL) FOR TYP
3. SCULPTURE WEIGHT = 200 LB ±
4. THE CONTRACTOR IS RESP ONS IBLE FOR VERIF YING ALL
REPORT ANY DISCREPANCY TO OUR OFFICE.
5. FOR GENERA L NOTES SEE G-1
6. DISTANCE BETWEEN ANCHORS IS 2'-8"
SCULPTIJRE (A)
FOUNDATION
S-2
DESIGN SPECIFICATIONS:
FOUND/1 TION DESIGNED IN ACCORDANCE WITH FLORIDA BUILDING CODE 2020, ACI 318 -14 BUILDING
CODE FOR STRUCTUR/\l CONCRETE ,
~D_D~~CCORDANCE WITH ASCE 7-16:
MEAN HEIGHT = 15.0 FT,
ULTIM/\TE DESIGN WIND SPEED VuLT= 165 MPH,
NOMINAL DESIGN WIND SPEED V,50 = 126 Ml-'11,
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)
GEOTECHNIC/\L DESIGN DATA:
SOIL DESIGN VALUE ARE ASSUMED .
ALLOWAl3LL VERllCAL FOUNDATION PRESSURE 20DO 1-'SF
ALLOWABLE LATERAL BEARING PRESSURE = 150 PSF /FT
MA TERI AL SPECIFICATIONS:
CONCRETE SHALL HAVE A MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 3,000 PSI
COOROINATE CONCRETE COLOR AND FINISH 'MTH CITY OF SOUTH MIAMI
All REINFORCEMENT SHALL BE ASTM A615, GRADE 60
SUBGRADE AND BACKFILL MATERIAL SHALL CONFORM TO THE STANDARD SPECIFICATIONS
LOCA llON or SCUL PJURlS~
ALL ELEVATION ARE BASED ON A ASSUMlD DATUM
LOCATION Of SCULPTUR ES DEPICTED ON EXISTING 80UNIJARY SURVEY ARE ILLUSTRATIVE ONLY
PRIOR TO INSTALLATION, COORDINATE EXACT LOCATION OF EACH SCULPTURE WITH THE CITY OF
SOUTH MIAM I.
CONIRACTOR SHALL COORDINATE SCULPTURE PICK-UP POINTS WITH THE CITY/ARTIST FOR LIFTING
AND/OR INSTALLATION OF SCULPTURES .
LOCATIONS OF ANCHORAGES AND METHODS OF IN ST/\LLING SCULPTURES FOUNDATIONS ANCHORS
SHALL COMPLY WITH THE PLANS,
MARLIN , ....... , .. ..
~Ult·~~., ~l:t fi!COL •tJ,t
CONCRETE: IU,ltl-.0..:!01'~ IHI' ..!,_
PROv1DE ¾ INCH CHAMFFRS 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
PERMANENTLY IN ALL ALL 3•
CONTACT WITH GROUND -
No 6 THROUGH 2"
EXPOSED TO WEA Ti IER No. 18 BARS
OR IN CONTACT WITH /ILL No. 5 BAR, W31
GROUND OR D 31 WIRE, 1-1/2"
AND SMALLER
No 14 AND No. 16 1-1/2"
SLABS, JOIST BARS
AND W/\LLS No. 11 BARS AND
NOT EXPOSED TO SM/\LLER 3/4"
WEATHER OR IN
CONTACT l'lllH GROUND BEAMS, PRIMARY
COLUMNS, REINFORCEMENT.
PEDESTAL, AND STRIRRUPS, TIES, 1-1/2"
TENSION TIES SP IRALS, AND
HOOPS -----
REINFORCEMENT:
All DIMENSIONS PERTAINING TO THE LOCATIONS OF REINFORCEMENT ARE TO THE CENTERLINE OF
BARS [XCEPT WERE THL CLEAR DIMENSIONS IS SHOW 10 lflE FACE OF CONCRElE.
REINfORCEMENT DIMENSIONS ARE OUT-ro-OUT Of-BARS,
BACKFILL AND SUBGRADE ·
PLACEMENT OF BACKFILL AND SUBGRADE SHALL COMPLY WITH THE STANDARD SPECIFICATIONS.
MATER IAL 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, SHOR ING 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 SO IL
BEARING FOUNDATION UNLESS THE FOUNDATION IS PROPERLY PROTECTED AG/\INST SETTLEMENT.
GENERAL NOTES G-1 fw:,(t...-1 , ...... 1 1'1~ -"";.:":'..,,,:.,.-2..~ u
QTY C' scam, Ml~ l'\OROA
!-CUlPTIJRE FOUNDATIONS AT DAN'lI fASCEll p,-ruc
'-'-Vl 0 Z
0 z r=
0 < r= 0 < z
0 => 0 0 _, '-'-
GI
CWO"Ol ~. -l«('(I '°'i6'f'S-~ --J~---,~ ..... !CH(\""'-,~ :,a I
t
t;;
"'
a:,~
( 4) %"<b ADHESIVE ANCHOR, W/ ____.,.,
10" MIN . EMBEIJMc.NI, Sec. NOie. 1""""•ll--ll-'--fl
THIS SHEET
(12)#6 LONGITUDINAL BARS
#3 STIRRUPS @ 8" O.C. -""r-t-11,..J
CONCRETE FOUNDATION
SCALE: 1/2"=1'-Q"
~
N t
EXISTING FINI S
GRA IN (n
TOP /80HOM
, B" O.C
~A.l;t.1-:!~
-o.10t101 ~.t....,u.aa IMO~::,,..e.r~":i:ll1M
.-Q
I .
'o
I ;,,
'o
I -..
11-0 ''
1•-0· -------'-...
·-
'o
I ·-
C
NOTES.·
5'-10"
3'-10"
1'-10" 1·-0 ·
,,
1'-o·
l
~W!all~ ... ~
<;CUJII\AC tCUCUitll ~ ,1 C,1,Httl~ ,NM
(1 2)#6 LONGITUDINAL BARS &
#3 STIRRUPS @ 8" O.C .
-(4) %"¢ ADHESIVE ANCHOR, W/
1 D" MIN . EMBEDMENT, SEE NOTE
7 TH IS SHEET
~-TI VE ONLY AND SHALL BE PROVIDED BY ARTIST.
--2. %" ¢ x 10" LONG llfl.l:!.ESI VE ANCHORS SHALL COMPLY WITH THE FOOT'S
APPROVED PRODUCT U's-1--_ AP L) FOR TYPE HV
3 ,
4.
REPORT ANY DISCREPANCY TO OUR
5, FOR GENERAL NOTES SEE G-1
6.
ALL DIMENSIONS AND
SCU LPTURE (8)
FOUNDATION
I
I
jj
" l r
i
J
I
I
I
I f-~~ .
-
/
::J
111
a· I -~--.... r--"2'--' --=-a·--f-r-~2~· =i8r----r---,-
a·
. ,.
I
·1
--• I
"l'-------,,--,• I F -
i.
i •j
. i
~1---,
'st
I N
11·-o·
SECTION 8-8
(8) %"¢ ADHESIVE ANCHOR, W/
21" MIN. EMBEDMENT, SEE NOTE
2 THIS SHEET
\
0
I ...... .
N
I ......
0 00
I I
-<D
"' I ......
lo
I
N
EXISTING FINISH
GRADE TO REMAIN
' -.
(10)#6 BARS,
8" O.C
#3 STIRRUPS
@ 10" o.c.
I
SECTION A-A
SCALE: 1/2"=1'-0"
.......... .m~~--
ml#IIJll'.JWlli..JO!m;QtiAI ~ltlA)(IUP,YK
N.ttlllO.~ ')(0
(13)#6 TOP/BOTTOM
BARS, 8" 0.C
LIMITED OF COMPACTED
SUBGRADE
NOTES.
(8) ¾"¢ ADHESIVE ANCHOR, W/
21" MIN . EMBEDMENT, SEE NOTE I .
2 THIS SHEET
2.
(13)#6 TOP /BOTTOM
BARS, 8" O.C 3 .
COMPACTED SUBGRADE
4.
5.
~H'~'~ i-.CIQC!t,r.Mo~-
-~ ... ~":jl~ll1 ..
SCULPTURE IS ILLUSTRATIVE ONLY AND SHALL BE PROVIDED BY AR11sf..· rrY
%" ¢ x 21" LONG ADHESIVE ANCHORS SHALL COMPLY WITH THE FOOT'S
APPROVED PRODUCT LIST (APL) FOR TYPE HV.
scuLPruRE wE1GHT = '!ll~VAri1~ (-ro f•rr. ffcv,of-0 D1 c11'j / /.JLt1~1
THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND
REPORT ANY DISCREPANCY TO OUR OFFICE .
FOR GENERAL NOTES SEE G-1
-... CHY Of SCR.JIH MIN,11, FlORrlA
SOJLPlUAE FOJNDATl~S AT OAHTE FASCELL PARK
SCULPTURE (C)
FOUNDATION
S -4
5/27/22, 1 37 PM Mail -Mike Fernandez -Outlook
'
Sculpture 2
https ://outlook.office.com/mail/deeplink?Print 6/10
5/27/22, 1:37 PM Mail -Mike Fernandez -Outlook
-
J
I 0
IHa r l 11 1 1
I( II,> I "-I 1· t It [it~ g l I
I s l i ,~ --a ! -
J . .0 -0 I 1 -'1 ~ ~ '% H !
V
Sculpture 3
https://outlook.office.com/mail/deeplink?Print 7/10
5/27/22, 1 :37 PM Ma il -Mike Fernandez -Outlook
Ill II
Sculpture 4
h ttp s://ou tl ook.office.comimai l/deeplink?Print 8/10
5/2 7/22 , 1:3 7 PM
3:38
<
,,p...,..~c:-l "Cl ·f4.~-
Thank you,
Nelson Gomez
Project Engineer
:f
Ma il -Mike Fernandez -Outlook
All Media
*
Public Works Engineering & Construction Division
4795 SW 75th Avenue
https://outlook.office.com/mail/deeplink?Print 9/10
5/27/22 , 1 :37 PM
Miami, Fl 33155
Main: (305)-403-2078
Fax: (305)-668-7208
https://outlook.office.com/mail/deeplink?Print
Ma il -Mike Fernandez -Outlook
10/10
5 /27/22, 2:48 PM Mail -Mike Fernandez -Outlook
(No subject)
mike10131982@gmail.com <mike10131982@gmail.com >
F1·i 5/27/2022 1 :52 PM
To: Mike Fernandez <mfernandez@unitecus.com>
https://outlook .office.com/mail/inbox/id/AAQkADJIYTg5NjhmLTc3ZTUtNGI0NS1hMDNkLTdjNWYyNzMwNzc2MQAQAOjnPDRYA29FklzFQGqelVA%3D 1/4
5/27/22, 2:48 PM Mail -Mike Fernandez -Outlook
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5/27/22, 2:48 PM Mail -Mike Fernandez -Outlook
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5 /27/22 , 2:48 PM Mail -Mike Fernandez -Outlook
Sent from my iPhone
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rrEM
NO.
1-1
1-2
2-1
2-2
2-3
2-4
2-5
2-6
2-7
2-8
3-1
4-1
4-2
NOTES
SCHEDULE OF VALUES
Dante Fascell Art in Public Places
SCHEDULE OF VALUES
ITEM EST mar UNIT
OESCRIPTfON QTY COST
Site Preparation
Mobilization 1 L.S S5,000
Ma1t11eruanc.(! or Tmthc 1 LS S1,000
Sub-Total
Sculpture Transportation & Placement on footer
Transportation of Sculpture #1 1 EA. S1,500
Placement and anchorine of Sculpture :n I EA, S1,500
Tra nsp ortation or Sculpture #2 1 EA. S1,000
1
Placement and anchorin~ of Sculpture 412
E.A. S1,000
Transportation of Sculpture #3 1 EA 51,SDO
1
Placement and anchoring of Sculpture U3 E.A. S1,500
Transportation of Sculpture #4 1 E.A. S1 ,500
1
Placement and anchoring of Sculpture ~4
E.A. S1,SDD
Sub-Total
Sc ulpture Site Work
Lump Sum to construcl four (4) New Concrete Footer lo
include Excavation for Structures, Clearing and Grubbing, Type
"B" Stabilization (12" thick minimum LBR 40), 4-in of new top 4 DD EA. S7,975
soil, Sodding Including watering. any necessary Root Pruning
and Root barrier
Sub-Total
TOTAL:
Contingency Fund (10% of subtotal amount)
As Built
TOTAL PROJECT COST:
TOTAL
COST
S5,000
S1 ,000
S6 ,000
S1,500
51,500
S1.000
S1,00D
S1 ,SDD
$1 ,500
S1.SOD
S1,SDD
s11.oDo
S31,SOD
S31 ,900
$48,900.00
S4,89D
S1,DDD
$54,790.00
This proposal is based on all the information given by the City of South Miami. There is no electrical work included in
this proposal.