Res No 016-17-14817RESOLUTION NO. 016-17-14817
A Resolution authorizing the City Manager to negotiate and to enter into a contract with
Cunano Builders Corporation for a new perimeter fence at Dante Fascell Park •
. WHEREAS, the City's Parks and Recreation Department desires to install a new 3-rail vinyl
perimeter fence at Dante Fascell Park. The existing wooden perimeter fence is in gross disrepair and
is composed of creosote-Iaiden railroad ties loosely held together by random metal strips; and
WHEREAS, in response to RFP #PR2016-26, the Contractor is responsible for furnishing all
goods, materials, supplies and services, including but not limited to construction, labor,
dumpster(s), disposal of materials, and cost of machinery, tools, transportation, equipment rental,
permits, root pruning, and coordination with any utility companies (i.e. power, gas, water); and
WHEREAS, the City issued a Request for Proposal (RFP) #PR2016-26 on Wednesday,
November 30, 2016 for "Perimeter Fence Project at Dante Fascell Park." The scope of work
featured three (3) commercial fence options: 1) 3-rail Vinyl Ranch Fence 2) Metal Estate Fence 3)
Horizontal Aluminum Fence; and
WHEREAS, furthermore, City staff inquired about a fourth fence option: Vinyl Cross-Buck
style fence system; and
WHEREAS, City staff desires to install a 3-rail vinyl fence, approximately 1,655 LF, with a
ranch style twist because it is affordable, durable and attractive; it is long-lasting and will withstand
weather conditions; and
WHEREAS, the City received one (1) proposal from Cunano Builders Corporation and it is in
compliance with the terms of the RFP. City staff consulted with the contractor's references as to
hands on experience and received positive feedback; therefore, we recommend entering into an
agreement with Cunano Builders Corporation due to qualification and experience.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager is authorized to negotiate and to enter into an agreement
with Cunano Builders Corporation for installation of a new perimeter fence at Dante Fascell Park for
an amount not to exceed $8§,l§O $110.150. The City Manager is authorized to expend an
additional amount not to exceed $5,000 in the event that any unknown conditions arise that would
warrant a change order. The total expenditure shall be charged to the Citywide Parks
Improvement, account number 301-2000-572-6450, which has a balance of $796,614 before this
request was made.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Pg. 2 of Res. No. 016-17-14817
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 7th day of February ,2017.
AP~ Mf#;
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Liebman: Yea
Commissioner Harris: Yea
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
Via:
DATE:
SUBJEcr:
BAcKGROUND:
Quentin Pough, Director of Parks & Recreation
Agenda Item No.fl February 7, 2017
A Resolution authorizing the City Manager to nesotiate and to enter into a
contract with Cunano Builders COrporation for a new perimeter fence at
Dante Fascell Park.
Th~ City's Parks and Recreation Department desires to install a new 3-rail
vinyl perimeter fence at Dante Fascell Park. The existing wooden perimeter
fence is in gross disrepair and is composed of creosote-Iaiden railroad ties
loosely held together by random metal strips. As outlined in the City's
preliminary parks master plan, this is a significant liability for the City in
many ways, both legal and aesthetic.
In response to RFP #PR2016-26, the COntractor is responsible for furnishing
all goods, materials, supplies and services, including but not limited to
construction, labor, dumpster{s), disposal of materials, and cost of
machinery, tools, transportation, equipment rental, permits, root pruning,
and coordination with any utility companies (i.e. power, gas, water).
The City issued a Request for Proposal (RFP) #PR2016-26 on Wednesday,
November 30, 2016 for "Perimeter Fence Project at Dante Fascell Park." The
scope of work featured three (3) commercial fence options as follow:
Option #1: 3-rail Vinyl Ranch Fence
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South'Miami
THE CITY OF PLEASANT LMNCi
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER'
INTER-OFFICE MEMORANDUM
Option #2: Metal Estate Fence
Option .#1: Horizontal Aluminum Fence
Furthermore, City staff inquired about a vinyl cross-buck style fence system
illustrated below.
Option #4: Vinyl Cross-Buck Fence
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THE CITY OF PLEASANT UVlNG
VENDORS &
BID AMOUNT:
ExPENSE:
FUND &
AccoUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The City desires to install a 3-rail vinyl fence, approximately 1,655 IF, with a
ranch style twist because it is affordable, durable and attractive. It is long-
lasting and will withstand weather conditions. The concrete footers will be
installed approximately 12" diameter and 24"-30" in ground.
The City received one (1) proposal from Cunano Builders Corporation and it
is in compliance with the terms of the RFP. City staff consulted with the
contractor's references as to hands on experience and received positive
feedback; therefore, we recommend entering into an agreement with
Cunano Builders Corporation due to qualification and experience.
Please find below a breakdown of all submitted bids.
VENDORS BID AMOUNT
OPTION #1: $85,150-/
OPTION #2: $329,250 (wI PLASTERS)
$98,250 (w/o PLASTERS)
Cunano Builders Corporation
OPTION #3: $337,200 (wI PLASTERS)
$110,150 (w/o PLASTERS)
OPTION #4: $91,025
Bid amount is not to exceed $85,150 with a contingency amount of $5,000
for a total amount not to exceed $90,150.
The expenditure shall be charged to the Citywide Parks Improvement,
account number 301-2000-572-6450, which has a balance of $796,614
before this request was made.
Resolution
Non Mandatory Pre-Bid Conference Sign-In Sheet
Bid Opening Report
Proposal: Option #4 -Cross-Buck Fence
Bid Proposal Summary
Cunano Builders Corp. Proposal
SunBiz
Demand Star Results
Miami Daily Business Review
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Date:
RFP Title:
RFP No.:
11
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South'Miami
THE CITY OF PLEASANT LIVING
Pre-Bid Conference
Sign-In Sheet
December 15, 2016
Perimeter Fence Project at Dante Fascell
Park
PR2016-26
X:\Purchasing\Request for Proposals & Qualification (RFPs)\Fencing Dante fo'ascel1\Pre Bid\Pre-Bid Sign-In Sheet Perimeter Fence at Dante
FasceIl12.15.16.doc
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IBID OPENING REPORT
Bids were opened on: after: 10: OOam
For: RFP #
AMOUNT:
1. CUNANO BUILDERS, CORP ............................. ~7f' .::/b 8' s-; / s tJ. C!.
V0'fhb~f Pltlsters If ff-d. '1 ~ ~51J.0}:.
II 1/ II #3 1/ q / 54 ~
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W',7J Plaster.s It .:#: r:t 34. 9, 02S~. --
1. If)
/1 1/ 11# '3 33 I ,J.~IJ, -
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED.
Maria M. Menendez
City Clerk: __________ _
Print Name
Witness:--::' ~l\lt'-Ll~~ ....... fAt"-~=""-.---'-~..J£:~=t'-"n1..=---_
PrintNanfe
Witness:_~C=a'_'_:_r-"-O-'li-"-Y\!Ji..:::..:-..!!!.S=o:...:..:i~=---
Print Name
CUNANO BUILDERS CORPORATION
16259 SW 81 ST Cell: (786) 258-3719
Miami, FL. 33193 Fem8620(a}bellsouth.net
To: Kulick Ramos
Chief Procurement Officer/Procurement Division
City of South Miami
Scope of Work
• Removal and disposal of an existing wooden railroad tie fence
CGC1518687
CCC1329646
January 11 ,2017
COST
(approximately 1,655 ) .............................................................................................. $ 10,250
-Install Cross-Buck Vinyl Ranch Fence
(approximately 1,655) .............................................................................................. $ 80,775
TOTAL COST: $ 91,025.00
Observation:
-Labor, materials & delivery included.
-Demolition and trash.
CUNANO BUILDERS CORPORATION
16259 SW 81 ST Cell: (786) 258-3719
Miami, FL. 33193 Fem8620@.bellsouth.net
Note:
CGC1518687
CCC1329646
Any change or modification for damage cause by others or change or modification.
Not considered in the estimate, an extra charge will be applied.
This price it is subject to change, owing to increase price on all materials.
This price not included charge for'especial delivered.
CUNANO BUILDERS CORPORATION
Acceptance of contract: The above prices, specifications and conditions are satisfactory and are hereby
accepted. You are authorized to do the work as specified. Payments will be made as outlined above. The
costumer has 10 days for paid the portion or the full amount of the work after the invoice was sent.
All payments shall be due in accordance with the terms described below. CostUmer must agree to pay all
court cost and attorney's fees should legal means be necessary for collection.
Stand-by time will be charged at 35.75 per hour per man.
Any work to be performed during not business hour (Monday -Friday after 4:00 PM, Sundays,
Holidays and Night have different rate.)
Owner Signature Date of Acceptance
Orlando Fernandez Signature Date of Acceptance
Cunano Builders Corp.
RFP PR2016-26 "Perimeter Fence Project at Dante Fasacell"
NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
Bid Packale Public Entity Fed. Sllned
Bidder 110rl; 3 Bid Bidder Ref. List of Non Coli. Crimes and Orulfree OSHA State Related Presentation Proof of COntract Sun Biz Copies; 1 Form Quallf. Subs' Affidavit Conflicts of Workplace Stds Llstlnls Party Dec Ins with
Oilital) Interest OrlBlnal
Cunano x x x Buliders x x x x x x x x x x x x
CITY OF SOUTH MIAMI
Perimeter Fence Project at Dante Fascell Park
RFP #PRlO 16.26
SUBMITTAL DUE DATE: DECEMBER 28, 2016 AT 10 AM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request
for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or
"Invitation to Bid" to "Oty" shall be a reference to the City Manager. or the manager's designee, for the City of
South Miami unless otherwise specifically defined.
The City is hereby requesting sealed proposals in response to this RFP #PR20 16.26, "Perimeter Fence
Project at Dante Fascell Park." The purpose of this Solicitation is to contract for the services necessary for
the completion of the project in accordance with the Scope of Services, (Exhibit I) and (Exhibit 4), Respondents
Cost and Technical Proposal, or the plans and/or specifications, if any, described in this Solicitation (hereinafter
referred to as "the Project" or "Project')
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the
City Clerk's office Monday through Friday from 9:00 a.m. to 4:00 p.m. or by accessing the follOwing webpage:
http://www,southmiamifl.gov/ which· is the City of South Miami's web address for solicitation information.
Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package,
including all documents listed in the Solicitation.
The Proposal Package shall consist of one (I) original unbound proposal. three (3) additional copies and one (I)
digital (or comparable medium Including Flash Drive, DVD or CD) copy all of which shall be delivered to the
Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami. Florida 33143. The
entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope
Information clearly printed or written on the exterior of the envelope or container In which the sealed proposal is
delivered: "Perimeter Fence Project at Dante Fascell Park," RFP # PRlO 16.26 and the name of the
Respondent (person or entity responding to the Solicitation. Special envelopes such as those provided by UPS or
Federal Express will not be opened unless they contain the required Envelope Information on the front or back of
the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no
later than 10:00 A.M. local time on December 28, 2016. Hand delivery must be made Monday
through Thursday from 8 AM to 5 PM to the office of City Clerk.
A public opening will take place at I 0:00 a.m. on the same date in the City Commission Chambers located at City
Hall. 6130 Sunset Drive. South Miami 33143. Any Proposal received after I 0:00 a.m. local time on said date will
not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be
resolved against the person submitting the proposal and In favor of the Clerk's receipt stamp.
A Non.Mandatory Pre.Proposai Meeting will be conducted at City Hall In the Commission
Chambers located at 6130 Sunset Drive, South Miami, FL 33143 on December 15,2016 at 10:00
A.M. The conference shall be held regardless of weather conditions. Proposals are subject to the terms,
conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents
contained in this Solicitation Package. The City reserves the right to award the Project to the person with the
lowest. most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the
City Commission, to reject any and all proposals. and the right of the City to waive any irregularity In the
Proposals or Solicitation procedure and subject also to the right of the City to award the Project. and execute a
contract with a Respondent or Respondents. other than to one who provided the lowest Proposal Price or, if the
Scope of the Work is divided Into distinct subdivisions, to award each subdivision to a separate Respondent ..
Marla M. Menendez, CMC
City Clerk. City of South Miami
Page I of 76
SCOPE OF SERVICES and SCHEDULE OF VALUES
Perimeter Fence Project at Dante Fascell Park
RFP #PR20 16·26
The Scope of Services and the Schedule of Values. if any. are set forth in the attached EXHIBIT I
Thomas F. Pepe
12/10/2015
END OF SECTION
Page 2 of 76
No
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2
3
4
5
6
SCHEDULE OF EVENTS
Perimeter Fence Project at Dante Fascell Park
RFP #PR20 16-26
Event Date*
Advertisement! Distribution of Solicitation & Cone of
Silence begins 11/30/2016
Non-Mandatorx Pre-RFP Meeting 12115/2016
Deadline to Submit Questions 12119/2016
Deadline to City Responses to Questions 12/22/2016
Deadline to Submit RFP Response 12128/2016
Projected Announcement of selected ContractorlCone of
Silence ends 1117/2017
END OF SECTION
Page 3 of 76
Thomas F. Pepe
12110/2015
Time*
(EST)
1:00 PM
10:00 AM
I 10:00 AM
10:00 AM
10:00 AM
7:00 PM
INSTRUCTIONS for RESPONDENT
Perimeter Fence Project at Dante Fascell Park
RFP #PR20 16·26
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE
THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
I. Purpose of Solicitation. The City of South Miami is requesting proposals for the lowest and most responsive
price for the Project. The City reserves the right to award the contract to the Respondent whose proposal is
found to be in the best interests of the City.
2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms
normally engaged in providing the services requested. The proposing firm must demonstrate adequate
experience. organization, offices. equipment and personnel to ensure prompt and efficient service to the City
of South Miami. The City reserves the right, before recommending any award, to inspect the offices and
organization or to take any other action necessary to determine ability to perform in accordance with the
specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to
perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where
evidence submitted, or investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether
an item fully complies with the stated requirements rests solely with the City of South MiamI.
4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of
South Miami. This person or back·up shall be readily available during normal work hours by phone, email. or in
person, and shall be knowledgeable of the terms of the contract.
S. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General
Provisions. Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one haVing the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the
Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract, if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not
including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request
for permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith.
7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
Thomas F. Pepe
12110/2015
Page 4 of 76
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the
Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation.
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10
AM on December 19, 2016 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via
facsimile at (305) 663-6346.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to
such questions, shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation'j by U.S. mail, e-mail or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website.
I O. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or
the need for additional information shall exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence,"
in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until
the City Manager Issues his recommendation, there is a prohibition on verbal communication with the City'S
professional staff, including the City Manager and his staff. All written 1:ommunlcation must comply with the
requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-
proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly
noticed public meeting, public presentations made to the City Commission during any duly notice public
meeting, contract negotiations with the staff following the City Manager's written recommendation for the
award of the contract, or communications in writing at any time with any City employee. official or member of
the City Commission unless specifically prohibited. A copy of all written communications must be
contemporaneously filed with the City Manager and City Clerk. In addition, you are required to comply with
the City Manager's Administrative Order AO I-I S. If a copy is not attached, please request a copy from the
City's Procurement Division.
WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN
COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI-
DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S
RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE
OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL
WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW.
THEREFORE, WHERE THE CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS
COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND
WRITTEN COMMUNICATION.
Notwithstanding the foregoing, the Cone of Silence shall not apply to ...
(I) Duly noticed site visits to determine the competency of bidders regarding a particular bid
during the time period between the opening of bids and the time that the City Manager
makes his or her written recommendation;
(2) Any emergency procurement of goods or services pursuant to the Miami-Dade County
Administrative Order 3-2;
(3) Communications regarding a particular solicitation between any person and the
procurement agent or contracting officer responsible for administering the procurement
process for such solicitation, provided the communication is limited strictly to matters of
process or procedure already contained in the corresponding solicitation document; and
(4) Communications regarding a particular solicitation between the procurement agent or
contracting officer, or their designated secretarial/clerical staff responsible for administering
the procurement process for such solicitation and a member of the selection committee,
provided the communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document."
12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such
event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to
one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any
contract for the provision of goods or services for a period of one year. Contact shall only be made through
Thomas F. Pepe
IlII0/2015
Page 5 of 76
regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are
for the purposes of obtaining additional or clarifying information.
13. lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this
Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City
Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively
concerning this Solicitation. Contact shall only be made through regularly scheduled Commission meetings, or
meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or
clarifying information.
14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation
and the successful firm will be requested to enter into negotiations to produce a contract for the Project.
The City. however, reserves the right, in its sole discretion. to do any of the following:
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e} to negotiate modifications to the Proposal that it deems acceptable.
f} to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel. in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the lowest, most responsive, responsible Proposal. as
determined by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents. other than to one
who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions. to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal. warrants that it has not employed
or retained a company or person. other than a bona fide employee. contractor or subcontractor. working in
its employ, to solicit or secure a contract with the City. and that it has not paid or agreed to pay any person,
company. corporation, individual or firm other than a bona fide employee. contractor or sub-consultant.
working in its employ. any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor
list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a
contract to prOVide any goods or services. or a contract for construction or repair of a public building, may
not submit proposals on leases of real property to or with the City of South Miami. may not be awarded a
contract to perform work as a CONTRACTOR. sub-contractor. supplier, sub-consultant. or consultant under
a contract with the City of South Miami. and may not transact business with the City of South Miami for a
period of 36 months from the date of being placed on the convicted vendor list.
17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals shall be signed using blue ink; all quotations shall be typewritten. or printed with blue
ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The
proposal shall be delivered on or before the date and time. and at the place and in such manner as set forth in
the Solicitation Cover letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal,
the follOWing documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
Thomas F. Pepe
1211 0/20 15
Page 6 of 76
18.
c)
d)
e)
f)
Goods:
a)
The completed Proposal Form fully executed.
Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form.
Certificates of Competency as well as all applicable State, County and City Licenses held by
Respondent
Certificate of Insurance and/or Letter of Insurability.
If goods are to be prOVided pursuant to this Solicitation the following applies:
Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are
equal to the goods described in this Solicitation with appropriate identification, samples and/or
specifications for such item(s). The City shall be the sole judge concerning the merits of items
proposed as equals.
b) PriCing: Prices should be stated in units of quantity speCified in the Proposal Form. In case of a
discrepancy, the City reserves 'the right to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s)
'shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to
do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or
its responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to
the City. Each individual sample must be labeled with the Respondent's name and manufacturer's
brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule
indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be
delivered within ten (10) calendar days of the request. The City shall not be responsible for the
return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on
this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to
notify the City at once, indicating in its letter the specific regulation which required an
alteration. The City of South Miami reserves the right to accept any such alteration, including any
price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole
discretion of the City and at no further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation shall be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform
in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by
law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the
Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents
shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement
necessary to practice their profession and applicable to the work to be performed as required by Florida
Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These
documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required
licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and
forfeiture of the Proposal/Bid Bond, if required for this Project.
20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize
Thomas F. Pepe
1211 0120 15
Page 7 of 76
the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of
contract without further City action. The Respondent, by submitting a Proposal. thereby agrees to hold the
City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
2 I.. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing. producing or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been,
nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City
from any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this Solicitation shall not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the concract documents. information obtained from
the proposal and. at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's Signature on the contract, after the appropriate information has
been inserted. as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
23. Evaluation of Proposals: The City. at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition. the price,
responsibility and responsiveness of the Respondent, the financial position. experience. staffing, equipment,
materials, references, and past history of service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
Contract.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087. as
amended. when requested shall be cause for rejection of the Proposal as determined by the City.
25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a
conviction for a public entity crime may not submit a response on a contract to provide any services to a
public entity. may not submit Solicitation on leases of real property to a public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017. for a period of
36 months from the date of being placed on the Convicted Vendors List.
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a
company or person, other than a bona fide employee. contractor or subcontractor. working in its employ. to
solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company.
corporation. individual or firm other than a bona fide employee, contractor or sub-consultant, working in its
employ, any fee, commission. percentage. gift or other consideration contingent upon or resulting from the
award or making of a contract with the City.
27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract,
as applicable. unless the claim is based solely on allegations of fraud and/or collusion. The submission of a
proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project,
shall not be released until and unless the Respondent waives any and all claims that the Respondent may have
against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's
favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover
its attorney's fees, court costs as well as expenses aSSOCiated with the litigation. In the event that fees. court
costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if reqUired
for this project, shall be applied to the payment of those costs and any balance shall be paid by the
Respondent.
28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications.
requirements. and terms as determined by the City, shall be just cause for cancellation of the Award or
termination of the contract.
29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security.
30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price. including
Alternates if any. naming the City of South Miami, and the entity that may be providing a source of funding for
Thomas F. Pepe
12110/2015
Page 8 of 76
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services andlor furnishing materials in connection herewith. In addition,
if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require
that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond.
The bonds shall be with a surety company authorized to do business in the State of Florida.
30.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
30.2. Each Performance Bond shall continue in effect for five years after final completion and
acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or
subcontractor employed pursuant to this Project.
30.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of
insurance companies as set forth in the insurance requirements of this solicitation.
30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that
the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and
provide CITY with evidence of such recording.
30.6. The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the
required insurance documentation as well as a Performance and Payment Bond if these bonds are required.
The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the
required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the
Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be
retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid
Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent
fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If
the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the
Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid BondlSecurity
deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same
requirements as a Proposal/Bid Bond.
32. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall
be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal
conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist,
as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete
any part of the SoliCitation Package, will be accepted as basiS for varying the requirements of the Contract
with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a
survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and
will not be entitled to any change order due to any such condition. If the survey is provided before the
proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the
survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days
to notify the City of any additional costs required by such conditions and the City shall have the right to reject
the proposal and award the contract to the second most responsive, responsible bidder with the lowest price
or to reject all bids.
33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with
the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders shall be allowed for delays caused by the City, other than for extensions of time to complete
the Work.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a
fully completed Bid Form found on EXHIBIT 3 and Respondents Cost and Technical Proposal on
Exhibit 4, which is a part of this Solicitation Package.
Thomas F. Pepe
12110/2015
Page 9 of 76
35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City.
36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex. age, sexual orientation, disability, or familial status.
37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid
proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies,
fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal,
partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or
quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid
in full. No bidder who is in default of any prior contract with the City may have their bid considered until the
default is cured to the satisfaction of the City Manager.
38. Bid Protest Procedure. See attached EXHIBIT 8.
39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as EXHIBIT N/A
Thomas F. Pepe
12/10/2015
END OF SECTION
Page 10 of 76
Proposal Submittal Checklist Form
Perimeter Fence Project at Dante Fascell Park
RFP #PRlO 16-26
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified in an addendum to this Solicitation. The response shall include the following items:
An.lchnlents and Other Documents descnbed below Cht:ci<
to be Completed
x ----
x ----
x ---
x
----
IF MARKED WITH AN "X'" COnlpleced.
Indemnification and Insurance Documents EXHIBIT 1
Construction Bid Form, EXHIBIT 3
Cost and Technical Proposal EXHIBIT 4
Signed Contract Documents (AII-including General Conditions
and Supplementary Conditions If attached) EXHIBIT's 5, 6, & 7.
x Respondents Qualification Statement ----
x Ust of Proposed Subcontractors and Principal Suppliers ----
x Non-Collusion Affidavit
x Public Entity Crimes and Conflicts of Interest ---
x Drug Free Workplace ----
x Acknowledgement of Conformance with OSHA Standards ----
x Affidavit Concerning Federal & State Vendor Ustings ---
x Related Party Transaction Veriticatlon Form ----
x Presentation Team Declaration/Affidavit of Representation ----
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
Thomas F. Pepe
1211011015
END OF SECTION
Page II of 76
RESPONDENT QUALIFICATION STATEMENT
Perimeter Fence Proiect at Dante Fascell Park
RFP #PRlO 16·26
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years . 11
In the past 10 years On Schedule o
2. Ust the last three (3) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract
(Days):
RYru re\q 9 ote(\C( ill prineJ. CO(fl
Completion lime 6' .1 ~_~O~Q~g~Y~5~ ________ __
b)
Thomas F. Pepe
12110/l015
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price
Page 11 of 76
18,1.016
.5e P \ em ber
~ 75,000
$ 15 .. 000
re(\\ec 0) \U \ 1aberAq ele
Geran Perf 1.
J)u\,/ 15, 2016
yu \ 11 0 ( Z 0 1 6
c) Project Name: 330 \-\or60\ Ot\\le
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days): Go doYS
Original Contract Completion Date: June 1~ ,1016
Actual Final Contract
Date:
Completion U
<1:' uJ(\e 06, Z016
_.\': 47..,000 Original Contract Price:
Actual Final Contract Price: .$ 42/ 000
3, Current workload
4. The following information shall be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart,
c) Resumes of proposed key project personnel. including on-site Superintendent.
5. List and describe any:
Thomas F. Pepe
1211012015
Page 13 of 76
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations. N/ A
b) Any arbitration or civil or criminal proceedings, or N).A
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years N J A
6. Government References:
Ust other Government Agencies or Quasi-Government Agencies for which you have done business
within the past five (5) years.
Name of Agency: \-\\q \ egb \\005\ 09 Au1ho\"1 t1
Address: 7) tU)\ CtYl 5\, ~\LI\egh FL 33010
Telephone No.: (305) 888' (t144
Contact Person: M\9ue\ \\erAQr,uet
Type of ProJect: ~f\\ \\\,9 Qe~\cl(emef\tl
Name of Agency: C i it of M '9 f'A ,
Rehyblli hAlO!!
6atden.5
Address:
Telephone No.:
Contact Person:
Type of ProJect:
1€Sq1 t~\tJ lith A\lP,[v)\W'1\,6wde,1J FL 33056
(3QCIIGZo-S ~ 69
M\(hq e\ Rumc)
Name of Agency: 3he School Gccad or PollY) 8ectch
Address:
Telephone No.:
Contact Person:
Type of Project:
Thomas F. Pepe
1211 011015
10JOC f'i f\e) G\\\d.
(q 54) 4 5Q·1 060
Rau\ or\egg
Page 14 of 76
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL
SUPPLIERS
Perimeter Fence Project at Dante Fascell Park
RFP #PRI0 16-26
Respondent shall list all proposed subcontractors, If subcontractors are allowed by the terms of this Solicitation to
b ed h' . if th d d th C .
ClassificZlnoll of Wod, Subcono-actoi-Nanl€-Addn,-ss TelephoiH'. Fax &
Email
landscape NjA
Sodding and Turf Work NJ~
Electrical AJ J A
Irrigation N J ~
Paving t\\ ) f\
Park Amenities f\))().
Graphics N)A
Utilities N J ~
Excavation N}A
BUilding tJ J A
Structures NJ~
Plumbing NJ/\
Painting J\J J A
Testing Laboratory AljA
Soil fumigator f\J J A
Signs rJ) ~
Other: Nu SUUlO\~·\\\~c.\ ]~S
This list shall be prOVided to the City of South Miami by the apparent lowest responsive and responsible Bidder
within five (5) business days after Bid Opening,
Thomas F_ Pepe
Il/lDIlDIS
END OF SECTION
Page 15 of 76
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF MIAMI·DADE )
Qr\uf\(\o Fe \ {\u(\de t being first duly sworn. deposes and states that:
(I) He/ShelThey islare the \'re5 \U€D ,
(Owner. Partner, Officer. Representative or Agent) of
_~~lJ'-lrw\U;::::...:..0.!...l\ tOoL) ---lil...t..3 \lo..li:...l.\ \~, U.!.leo.......l.{-'Si-.-C~OUr_VL..:.__ the Respondent that has submitted the
attached Proposal;
(2) HelSheIThey islare fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers. partners, owners. agents, representatives.
employees or parties in interest, including this affiant, have in any way colluded. conspired. connived
or agreed. directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly. sought by agreement or collusion. or communication. or conference with any
Respondent. firm. or person to fIX any overhead. profit, or cost elements of the Proposal or of any
other Respondent, or to fix any overhead. profit. or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance.
or unlawful agreement any advantage against (Recipient). or any person Interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion. conspiracy. connivance. or unlawful agreement on the part of the Respondent or any other
of its agents. representatives. owners. employees or parties of Interest, including this affiant.
By:!, 0,·" I~
Signature '-\ ~ ~
Or )qOOO FeroQnde i -freSl ae()f
Print Name and Title
Dec I '[1 I ~ 0 -16
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA )
)
COUNTY OF MIAMI·DADE )
On this the 01 day of c:.~(."C...l...J. b . 20~. before me. the undersigned Notary Public of the State
of Florida. personally appeared (Name(s) of individual(s) who appeared before notary)
. Page 160176
Thomas F. Pepe
11/1 0Il01 5
_____ -:-:--:-_:-:--_____________ and whose name(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that he/she/they execute:?
WITNESS my hand and official seal. _--:-_-:-"-~/~~--___ --------
No9¥fPublic, State of Florida
NOTARY PUBUC:
SEAL OF OFFICE:
Thomas F. Pepe
1211012015
Angelica L. Brown
COMMISSION IFF907151
EXPIRES: November 8. 2019
WWW.AARONNOTARY.COM
( //-' -A~~I..c.. . hYbuJr--
(Name of Nora~b&c Print, Sl3mp or type as commISSIoned.)
L Personally known to me. or
Personal identification:
Type of Identification Produced
Did take an oath. or
Did Not take an oath.
Page 17of76
directors. executives. partners. shareholders. employees. members. and agents who are active In
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person. or a pooling of equipment or Income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime In Aorida during the preceding 36 months shall
be considered an affiliate.
S. I understand that a "person" as defined in Paragraph 287.133 (I) (e). Florida Statutes. means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter Into a binding contract and which bids or proposal or applies to bid or proposal on
contracts for the provision of goods or services let by a public entity. or which otherwise transacts or
applies to transaa business with a public entity. The term "person" includes those officers. directors.
executives. partners. shareholders. employees. members. and agents who are active In management of an
entity.
6. Based on information and belief. the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies.]
~either the entity submitting this sworn statement, nor any of Its officers. directors. executives.
partners, shareholders. employees. members. or agents who are active In the management of the entity.
nor any affiliate of the entity has been charged with and conviaed of a public entity crime subsequent to
July I. 1989.
__ The entity submitting this sworn statement. or one or more of Its officers, directors, executives.
partners. shareholders. employees. members. or agents who are active in the management of the entity.
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1.1989.
__ The entity submitting this sworn statement, or one or more of its officers. directors. executives.
partners. shareholders. employees. members. or agents who are active In the management of the entity.
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July
I. 1989. However. there has been a subsequent proceeding before a Hearing OffIcer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing OffIcer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBUC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY. AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLO DA STA FOR CATEGORY lWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
, .2--/ I c[Slgn"~Ure] \'
Sworn to and subscribed before me this _____ day of ~, tM...~~ • 20~.
Personally known __ .L{_"_. ---------... 6"'--_-':=-'<?>a."rl-/~/---------
OR Produced identification _______ _
(Type of identification)
Form PUR 7068 (Rev.06111192)
Thomas F. Pepe
1111011015
Notaryy6blic -State of ~:t·l.)(\ ~.
MJo~mission expires -=No" 't, , -.....(er:irie'd.-~ped or stamped commissioned
name of notary public)
Page 19 of76
~~VIW' /~&" ~~ Angelica L Brown
~«: :.i COMMISSION 1FF907151
~,. ~ ... i EXPIRES: November 8.2019
iio"...: fl. ~ "I"Vf.1I \\\'~ WWW.AARONNOTARY.COM
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Bid or
proposal for a Contract with a public entity for the construction of repair of a public building or public work. may
not submit bids or proposals on leases or real property to a public entity. may not be awarded to perform Work
as a RESPONDENT. Sub-contractor, supplier. Sub-consultant, or Consultant under a Contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount Category Two of
Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor
list".
The award of any contract hereunder is subject to the prOVISIons of Chapter 112. Florida State
Statutes. Respondents must disclose with their Proposals. the name of any officer, director. partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
fLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS fORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to e una .\ r5 CorP
[print name of the Nblic entity]
by Or\q(\OO ferDaOdez -rre5ideot
fur _____ [p_r_in_t_in_di_vid_u_a1_·s_n_am_e_a_n_d_ti_tle_]~C~\~t~t~()~f~~~()J~~~b~~~~\~a~~~i~------
[print name of entity submitting swom statement]
whose business address is 16"-5 q Sw 81 57 ~ i ( 11, am I
fl 33111
and <if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the indMdual signing this sworn statement: . J
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I leg), Florida Statutes.
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, Including, but not limited to • any bid, proposal or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and Involving antitrust. fraud, theft, bribery, collusion, racketeering, conspiracy. or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b). Aorida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guik. in any federal or state trial court of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict. non-jury trial. or entry of a plea of gUilty or
nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) Cal, Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" indudes those officers.
Thomas F. Pepe
11/10/1015
Page 18 of 76
DRUG FR.EE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price. quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services. a Bid or
Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program. a business shall:
I) Publish a statement notifying employees that the unlawful manufacture. distribution, dispensing.
posseSSion. or use of a controlled substance is prohibited in the workplace and specifying the
actions that shall be taken against employees for violations of such prohibition.
2) Inform employees aboUt the dangers of drug abuse in the workplace. the business' policy of
maintaining a drug-free workplace. any available drug counseling. rehabilitation. and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (I).
4) In the statement specified in Subsection (I), notify the employees. that.. as a condition of working
of the commodities or contractual services that are under Bid. he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) business days
after such conviction.
S) hnpose a sanction on. or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign th tement. I certify that this firm complies fully with the above reqUirements.
\
RESPONDENT's Signature: ___ \-_..:.-q,--_______ _
Print Name: -'==-+:-\ ....... l,.I...JL.>.,.I\ ......... '---'-->o.. ................ .L..:::.J...:......:..>.'--"-........ '--_
Date: Dec /11 /'2016
Thomas F. Pepe
11/1011015
Page 10 of 76
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA
STANDARDS
TO THE CITY OF SOUTH MIAMI
We, 00l\Q DO Of) \ \ Q € r) r Ore (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the Perimeter Fence Project at Dante Fascell Park project as specified have the sole
responsibility for compliance with aU the requirements of the Federal Occupational Safety and Health Act of 1970,
and all State and local safety and health regulations, and agree to Indemnify and hold harmless the City of South
Miami and N/A (Consultant, if any) against any and all liability, claims, damages. losses and expenses they may
incur d~e to the failure of Sub-contract~,r' n~es):
to comply with such act or regulation.
C~NTRACTOR a f\ P jJ(\4(\Q)\\der.5 ~Qr~ ~
BY, Or' (;Indo ferD(Jf\cle~' \Lt5l ~
Name l'
Prel\oer\\
Title
Thomas F. Pepe
IlllonOIS
Page 21 of 76
Witness
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the follOWing link to the Florida
Department of Management Services website:
http://www.dms.myflorida.com/buslness operations/state purchasing/vendor inrormation/convicted susp
cnded discriminatory complaints vendor lists
. DECLARATION UNDER PENALTY OF PERJURY
I, 0 r\g f\O 0 reman dea-{hereinafter referred to as the "Declarant") state, under penalty of perjury,
(I) I represent the Respondent whose name IsO{\gt\o i \ ( ,or . that the following statements are true and correct 0 ~ . 1 P
(2) I have the following relationship with the Respondent er ~~ i 3~Rf (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (If Respondent Is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Umited Uability
Company).
(3) I have reviewed the Florida Department of Management Services website at the follOWing URL address:
http://www.dms.myflorida.com/business_ operations/state ""purchasing/vendor _information/convicted_suspended _ di
strimlnatory _complaints_vendor Jists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category In the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable
Convicted Vendor list
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
FURTHER DECLARANT SAYETH NOT 0 t \{,jI\Jo fer r\CA!\de e
(P name o\Dedarant)
By: ',--V-.""'-\-
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE )
ure of Declarant)
On thjYthe ·2 \ .Pay of clu:cl...t.t) , 20~, before me, [he underSigned authority, personally
appeared .I" iYt;:;,~,:) '@" ....... :JJl: who is personailWow to me or who prOvided the
follOWing identification and who took an oath or affirmed thatJ;hat he/she/they executed the
foregoing Affidavit as the Declarant. // ,I
WITNESS my hand and official seal.
NOTARY PUBLIC:
Thomas F. Pepe
11I101l015
SEAL
./
Angelica L. Brown
COMMISSION IFP.1071 S 1
EXPIRES: NovemboT a, 2019
www.Ml\ONNOTARY.co~·
RELATED PARTY TRANSACTION VERIFICATION FORM
I Ot\Uf)c)Q Fe r(\(J(\Ve,2; individually and on behalf of CUf\Uf\Q Uulldeo CorP
("Rrm'') have Nome of Representative ComponyNendorlEntity read the City of South Miami ("City'') 's Code of Ethics,
Section 8A-1 of the City's Code of Ordinances and I hereby certify. under penalty of perjury that to the best of my
knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or
business that I. and/or the Firm. am (are) about to perform for, or to transact with. the
City. and
(2) neither I nor any employees. officers. directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm. has any relative(s). as defined in section SA-I. who Is an employee of the City or who is(are)
an appointed or elected official of the City. or who is(are) a member of any public body created by the City
Commission. i.e., a board or committee of the City, [while the ethics code still applies. if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm. nor anyone who has a financial interest greater than 5% In the Firm. nor any member of
those persons' immediate family (I.e .• spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest. direct or indirect, in any business being transacted
wi the city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional Information that will not fit on this line; however. you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, If the person executing this form Is doing so on behalf of a firm whose
stock is publicly traded. the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected andlor appointed official or employee of the City of South Miami. or any of their Immediate family
members (I.e .. spouse. parents. children. brothers and sisters) has a financial interest. directly or Indlrecdy. in the
contract between you andlor your Rrm and the City other than the following individuals whose interest is set
forth following their names: kl , A
(if necessary. use a separate-s.ll,hJ.j~4et~t~o-su-p-p-:-ly-a-d:-d:-itl-· o-n-a:-Jj-n-fo-r-m-a-ti-o-n -th:-at-Wl-·I::-I-n-ot-fi-:-t-o-n~th-is~line; however, you must
make reference, on the above line. to the additional sheet and the additional sheet must be Signed under oath).
The names of all City employees and that of all elected andlor appointed city officials or board members, who
own. directly or indirectly, an interest of five percent (S %) or more of the total assets of capital stock in the firm
arJrA°llows:
(if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must
make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an Independent Investigation as to the financial interest in the Arm of city
employees, appointed officials or the immediate family members of elected andlor appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City. to secure a special privilege. benefit, or exemption for ourselves. or others. We agree that
we may not disclose or use information. not available to members of the general public. for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or
benefit anticipated through the performance of the contract.
Thomas F. Pepe
1111011015
Page 13 of 76
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City. and that we have not appeared in representation of any third party
before any board. commission or agency of the City within the past two years other than as
follows: f\\ I ~ (if
necessary. u~e ; separate sheet to supply additional information that will not fit on this line; however. you must
make reference. on the above Hne. to the additional sheet and the additional sheet must be signed under oath).
X:\PurchaslngWendor Registration\l2.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers. or directors of the Firm. nor any of their immediate family (i.e., as a
spouse, son, daughter, parent. brother or sister) is related by blood or marriage to: (i) any member of the Oty
Co mission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
~&f-'r---:---::---:----:---:,--:---____ .Qf necessary, use a separate sheet to supply additional
info ation that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code stili applies, if the person
executing this form Is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected offidals of the City. or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solidtatlon by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' Immediate family (i.e. spouse, parents,
children. brothers and sisters) have also responded. other than the following:
-lIlA (if
necessary. use a separate sheet to supply additional Information that will not fit on this line; however. you must
make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies. if the person executing this form is doing 50 on behalf of a firm whose stock Is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
helshe is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(I 0) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form. may subject me or the Firm to Immediate termination of any agreement with the City. and the
ImpOSition of the maximum fine andlor any penalties allowed by law. Additionally. violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made herelnabov true nd correct to the best of my knowledge, information and belief.
SignatUre:_...::..._"""'c~;;"";;~ _____ _
Thomas F. Pepe
IVIOIlOIS
Page 14 of 76
PRESENTATION TEAM
DECLARATION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an Individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all Individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal Is submitted to the City
Manager. For the purpose of this subsection only, the listed members of the presentation team, with
the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any
registration fees. No person shall appear before any committee on behalf of an anyone unless he or she
has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is
registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, ______ -', makes the following
declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this "paragraph or unless he
or she Is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME TITLE
Ot\YD(\O re\\\Qf\Oe l ?res \den\
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to
pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the
time the committee's proposal Is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below.
Thomas F. Pepe
IVIOIlOIS
,20~.
(ll,Y\Ur\.L' lbv l \ da(~ C,:,., r"
Print name of entity being represented
Page 19 of 76
1.01
A.
Insurance
EXHIBIT 2
INSURANCE & INDEMNIFICATION REQUIREMENTS
Perimeter Fence Project at Dante Fascell Park
RFP #PR20 16-26
Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amountS stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
8. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
1.02 Firm's Insurance GenerallY. The FIRM shall provide and maintain in force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, 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 In;ury: $ J ,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
1.05 Umbrella Commercial Comprehensive General liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
Thomas F. Pepe
12110/2015
Page 37 of76
(b) Independent Contractors
(c) ProductS and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury liability and Property Damage liability.
1.06 Business Automobile liability with minimum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($1,000.000.00) umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile liability policy, without restrictive endorsements, as filed by with the
state of Florida. and must include:
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) EmpIoyers' Non-Ownership
1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet. the
subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and
substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where
applicable.
1.08 Fire and Extended Covera&e Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on bui/dings 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 poIicies shall also cover
machinery. if the cost of machinery is included in the Contract. or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR. as their interest may appear. and shall also cover the interests of all
Subcontractors performing Work.
B. AU of the prOVisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be
clearly not applicable.
1.09 Miscellaneous:
A Ifany notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation. change. or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
B. All deductfbles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond. in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or poliCies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name. address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.VII or better per A.M. Best's Key Rating Guide. latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
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 Artide I of this document) which shall include the declaration page and all required
Thomas F. Pape
1211011015
Page 38 of76
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property
damage', or "personal and advertising injury" and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage S";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail. with
proof of delivery Co the City."
E. If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liabilIty providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole. absolute and unfettered
discretion.
Indemnification Requirement
A The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
S. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees.
successors and assigns, harmless from any and all damages, claims. liability, losses, claims, demands, SUits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by. or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property ariSing out of a negligent error. omission, misconduct. or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns. or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith. including the expense or loss ofthe CITY and/or its affected officers, affiliates, employees.
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and ariSing from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their
agents. representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees.
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives. employees, or assigns, or anyone acting through
or on behalf of the them. and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing. approving or rejecting any submissions or acts of the Contractor. CITY in no way assumes
Thomas F. Peps
12/10/2015
Page 39 of76
or shares responsibility or liability for th e acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense With an attomey or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limi.ted to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
Thomas F. Pepe
1211 0(20 15
END OF SECTION
Page 40 of 76
A§be CERTIFICATE OF LIABILITY INSURANCE I DA11i (IVN/DDIYVYY)
12/12/2016
THIS .. "'" " ... , ..... , '" IS ISSUED AS A MATTER OF "v,~ ONLY AND NORIGHTSUPONTHE~c~Il~CATEHOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
'lY,rv" 'K'V J; If the _. u._u...l holder Is an ADDr.'u,,, ..... INSURED. the POIiCYlles, must be ~._.v_. If liS WAIVED, subject to
the terms and conditions of the polI~y, may require an endorsement A statement on this certIfIcale does not confer right. to the -".-,. ...... -~ PRODUCER JOD Rock
The Contractors Choice Agency ,...... (800) 918-3584 I ~ No!: I8TlI68I-9151
PO Box 13645 or .... , ••. lift"l.CIOIII
..... 'D ........ "",JDDA_ NAlCII
ChancUer AZ 85248 INSURER A : Lloyd' B of London tJW 15792
INSUReD INSURERB
Cunano Builders Cozp. INSURERC
16259 SW 81Stxeet INSURERD:
INSURER!
Miami FL 33193 INSURERF
_~_I:.~ ur ... ",.. tdl 1~428772 l'UDca. .. ..,'
!H~S_IS TO !we", or ""t THE POLICIES OF : L1~~D ,BELOW HAVE _B_~N !~S~~~ TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTIJIJITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~i': TYPEOFp .... '-........ ~oibift iN"" POUCYNUMBBt ~~IEACH"..,."D .......... U~$ ...!.. ............ , U"AtUTY 1,000,000 P CLAlMS-MADE [i] OCCUR I~ua:=::::'::"""'l Is 50,000 A -
DCCS1lL003S1-00 01/13/2016 01/13/2017 -I MIlD I!XP (P.Ir/ ona """",0) $ 5.000
PERSONAl & M1I/ INJURY S 1.000.000 :;.,.. APPUESPER: ~A' $ 2.000.000
f1::: PRO-DLOC a,.,.,.,. or .... $ 1,000.000 JEeT
$
A' .......... all .. , 'Aan OTY ,LIMIT $ r--BODILY INJURY (per_> $
I-AtorfAUTO
-SCHEDULEO ALL OIM'IED : SODILY INJURY (per acakIanI) $ r--AUTOS -AUTOS
N<lN-01MIIED : ~...!T-!?AMAGE $ HIRED AUTOS AUTOS r--,..-. ..s
UMBREI.LA UAB HOCCUR : EACH NT" ...... ""'" $ r--EXCESSUAB ",'u." ....... "" is
IDEDJ I I s_ 1$
l::i 'UA8IUTY 0
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:~~~~. I E.L DISEASE· FAIl ..... """" Is lilY86.~~
'bebw I E.L OISEASE • PaJCY LIMIT Is
DESCRIPTION OF OPI!RAnONSI LOCATIONS I VEHICLES IACORD '01. Additional Remat1c8 $Cbedul&. may be _had If mant space Is requlJaI,
certificate Holder ia named Additional Insured per company form UCISG-BAI-3 (05/10/13)
CERTIFICATE HOLDER CANCELLATION
13051663-&355
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
City of South Miami Building Department
THE EXPlRAllON DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POUCY PROVISIONS.
6130 Sunset Drive
South Miami, FL 33143 AU11lORlZED REPRJ!SI!NTATIVE
Robert Rock/BOB iiJJ.J8Jt.
@1988-2014 ACORD CORPORATION. All nghts reserved.
ACORD 25(2014101)
INS025 (201401)
The ACORD name and logo are registered marks of ACORD
A.CORD· CERTIFICATE OF LIABIUTY INSURANCE I DATE (MMIDDIVYYYJ
~ 12/12/2016
THIS CERTIFICATE IS ISSUED A8 A MATTER OF INFORMATION ONLY AND CONFER8 NO RIGHTS UPON THE CERTIFICATE HOLDER. THI8
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS OERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certifloate holder Is an ADDmONAL INSURED, the poDoy(les, must have ADDITIONAL INSURED provisions or be endorsed~
If SUBROGATION IS WAIVED, subject to the tenns and oondltlons of the policy, oertaln pOOoles may require an endorsement. A statement on
this oertinoate does not confer rlahts to the certlfioate holder In Uau of such endorsement(s).
PRODUCSl SUNZ Insurance Solutions, LLC. 10: (TLR) ,~ACf Workers' CoITIJ) Deoartment c/o TLR of Bonita, Inc ~ 727·520-7676 x 3 I FAX 727-525-3862 700 Central AveF Suite 500 lAic Nol:
st. Petersburg, L 33701 certs6'lenc:orehr.com
INSURER(S) AFFORDING COVERAGE NAIC#
INSURERA: SUNZ Insurance ComDanv 34762
INSURED INSURER B: Aspan Ra • London· Best Rating "A+" TLR of Bonita, Inc
EntereriSeHR INSURERC: Chaucer Syndieate· Llovds· Best Rating OIA+"
700 entral Avenue Suite 500 INSURERD: Faraday Syndleate· Uovds· Bast Ralina "A+" st. Petersburg FL 33701 INSURERE:
INSURERF:
COVERA GES C ERT IFICATE NUMBER: 30225109 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WllH RESPECT TO WHICH THIS
CERTIACATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY lHE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
~----TYPE OF INSURANCE 1::-= POUCYt:Ff .r.2t,.fC'(~_ UMlTS LTR I'OUCY NUMBER
~--'~ I EACH OCCURRENCE $
i ClAIMS-MADE 0 OCCUR ~"m:~~=nc81 S
I MED EXP (Any one P<lfsonl S
I
PERSONAL & AOV IN.URY $ Rl AGGREGATE UMfT APPUES PER: I GENERAL AGGREGATE S
I POUCYD~ DLOC I I PROOUCTS-OOMP~PAGG $ I I
OTHEH~ S
AUTOMOBILE LlABlUTV ! ~~Ill:iINULt:UMII S
riANYAUTO I I BODILY INJURY (Per person) $
OWNED =l~~ULED I
BODILY INJURY (Fer acciden1) S
HAUTOSONLY I 1~~ONlY RNON'OWNED ~~?AMAGE S AlJTOSONLY j
S
UMBREUJo LIAS HOCCUR EACH OCCURRENCE S
f--
EXCESSUAB CLAIMS-MADE i AGGREGATE S
DEO I· I RETENTION $
1
I s
A WORKeRS COMPENSATION
NIAI
WCPEOOOOOOO112 61112016 6/112017 II~TUTE I I ~~H. AND EMPlOYERS' UABIUTV YIN WCPEOooOO001 11 61112015 61112016 ANYPROPRIETORIPARTNERlEXEcunVE 0 ! EL. EACH ACCIDENT $ 1.000.000.00
OFACERIMEMBEREXCLUDED' EL DISEASE • EA EMPLOYEE $ 1.000 000.00 (MandatoI)' In NHJ I ~~~~~ ~'1~PERAnONS below E.L DISEASE· POLICY UMrT $ 1.000,000.00
B Workars Compensation I This is for informational purposes
C Excess Coverage and nothing shall craate any right
0 I I I I under such reinsurance.
DESCRJPllON OF OFERATIONS' LOCATIONS I VEHICLES (ACORD 101. Addlllanal Remarks Scheduk>. may be allaehed If mal\! space Is required)
Coverage Proyided for all leased employees but not subcontractors of: Cunano Builders Corporation
Client Effective: 911412015
CERTIFICATE HOLDER CANCELLA flON
(305)663-6355
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVEREO IN
City of South Miami Building Department ACCORDANCE WITH THE POUCY PROVISIONS.
6130 sunset Drive
South Miami, FL 33143 AUTHORIZED REPRESENTATIVE ~/~ Glen J Distefano !
® 1988~016 ACORD CORPORA TlON. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
DATE IMMIDDiYYYVI CERT~FICATE OF UABIUTY INSURANCE 12/12/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S). AUTHORIZED
REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate hold~r Is an ADDITIONAL INSURED. the pollcy(leS) must be endorsed. If SUBROGATION IS WAIVED. subjactlo
th~ terms and conditions of the policy. certain policies may require an endorsement. A statemlHlt on this certificate does not con"', rights 10 the
_,:ert;nc~te h~~ In II~ of .~ch ~~o_~eme~(s). _._
PRODUCER
Orange Insurance Services
221 E. 9th Street
Hialeah. Fl33010
Phone (305)884-8515
INSURED
CUNANO BUILDERS CORPORATION
16259 SW 81 STREET
MIAMI, FL 33193
Fax (305)884.1779
COVERAGES CERTIFICATE NUMBER:
DELlANY MESA
PHONE
lAIC. No. Extl:
E-MAIl.
ADDRESS:
(305)884-8515
mdeilany73@gmail.com
._ .. _____ .J!ll1!!.~!!I§i!'!'1'0RDING ~QyERAGE
INSURER A : ASCENDANT COMMERCIAL INSURANCE
INSURER B:
INSURER C:
_INSURER D : ___ _
I.,!SURERE:
_~SURERF:_
REVISION NUMBER:
__ ."(AlS.~ __ _
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTl-lER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY Tl-IE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
GENERAL LIABILITY
.! COMMERCIAL GENERAL LIABILITY
i I !.i ClAIMS-MAOE [I OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
__ ;~i~LI£'!..n~f~T [l LOC
AUTOMOBILE LIABIUTY
AODLSUBR
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IMMJIlIlIYYVYI. IMMlDDIYYYY) UMITS
EACH OCCURRENCE
OM1AGE TO RENTED
P.REMISES lEa .q<:QJlrencol
MED EXPIAnf one pGrscn)
PERSONAJ. & AOV INJURY
GENERAL AGGREGATE . S
PROD!JCTS • COMPIOP AGG
A
VI ANYAUTO :=-ALL OWNED '1 SCHEDUlED
L' AUTOS _., AUTOS y y CA--4117g.0 06/0812016 0610812017 BODILYINJURYIPsrawdenl) $
:;;\ HIRED AUTOS lJ ~3f(gWNED
~ COMP ~ COMP
: ! UMBRELLA UAB [J OCCUR
exCESS LIAS [1 CLAIM&-MAOE
OED [J RETENTION S
WORKERS COMPENSATION
AND EMPLOYERS" LIABILITY YIN
ANY PROPRIETORIPARTNERlEXECUTIVE
OFFICERIMEMBER EXCLUDEO?
lMandatory In NH)
II yes. desCfibe under
DESCRIPTION OF OPERATIONS below
NIA
. w.e~8AMAGE S
OED s 500.00
EACH OCCURRENCE
AGGREGATE
'IJ fcfR~T~~WS ['I ~JH ..
E L EACH ACCIDENT $
. EL DISEASE· EA EMPLQYEE $_
E L DISEASE· POLICY LIMIT S
DESCRIPTION OF OPERA nONS I LOCATIONS I VEHICLES (Attach ACORD 101. Addillonal Remarks Schedule. II more "Poce I. roqulllld)
CERTIFICATE HOLDER
1305) 663-6355
Ci ty of South Miami Buildinq
6130 Sunset Drive
South Miami, FL 33143
ACORD 25 (2010/05) QF
CANCELLATION
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
Oepartment ACCORDA~Ng~ WITH THE POUCY P~OVlSIONS.
~OmzEO R PRESENTATIVE
--'11.. "-i(~',---, ~~'\j ~. ' .. _~J . ·1988.~~~·;ACORD.CORPORATION. All rights reserved.
Til ACORD name and logo are registered marks 01 ACORD
EXHIBIT 3
CONSTRUCTION
BID FORM
Perimeter Fence Project at Dante Fascell Park
RFP #PRlO 16.26
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami. FL 33143
I. If this Proposal is accepted. the undersigned Respondent agrees to enter Into a Contract with the City of
South Miami in the form Included in this Solicitation Package and to perform and furnish all work as
specified or Indicated in this Solicitation. Including as set forth in Exhibit I (Scope of Services) for the
Proposed Price as set forth below. within the Contract Time and in accordance. with the other terms and
conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents.
including without limitation those dealing with the disposition of ProposaV81d Bond, If reqUired. This
Proposal wiD remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that Is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents. and other documents required by the Solicitation.
including the Contract if not already submitted. within ten (10) calendar days after the date of the Clty's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a Respondent has examined copies of all the Solicitation Documents and of the following Addenda. If any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated: {)eC, 11, lo16
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work. site. loeaDty. and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this Solicitation. the Respondent represents that:
i. Respondent has studied carefully all reports and drawings, if appUcable, of subsurface conditions and
drawings of physical conditions.
Ii. Respondent has obtained and carefully swdied (or assumes responsibility for obtaining and carefully
studying) all such examinations. investigations. explorations, tests and studies In addition to or to
supplement those referred co In this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance. or the furnishing of the Work at
the Contract Price, within the Contract Time and In accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests. reports or similar Information or data are, or will. be required by
Respondent for any reason In connection with the Proposal. The failure of the Respondent to request
a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable
presumption that the Respondent's bid. or proposal price. has taken Into consideration all possible
underground conditions and Respondent, If awarded the contract, shall not be entided to a change
order for any such condition discovered thereafter.
iii. Respondent has correlated the results of all such observations, examinations, investigations,
explorations. tests. reports and studies with the terms and conditions of the Contract Documents.
Thomas F. Pepe
n/lOIlDIS
Page 41 of 76
iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation
Package or in the Contract Documents with respect to existing Underground Facilities or condidons
at or contiguous to the site and assumes responsibility for the accurate location of aU Underground
facilities and conditions that may affect the Work. No additional examinations, investigations,
explorations. tests, reports or similar information or data In respect to any Underground Facilities or
conditions are. or will be, required by Respondent in order to perform and furnish the Work at the
Contract Price. within the Contract Time and In accordance with the other terms and conditions of
the Contract Documents unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the cost of the
Work and unless the respondent makes a written request to the City for additional. Information
prior to submitting the bid or proposal as required in subsection Ii above.
d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found
and notice given, the Respondent represents, by submitting Its proposal to the City, that the
Respondent has received sufficient notice of the resolution thereof from the City, that such resolution
is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or
discrepancies.
e. This Proposal Is genuine and not made in the Interest of or on behalf of any undisclosed person, firm or
corporation and Is not submitted pursuant to any agreement or rules of any group, association,
organization. or corporation; Respondent has not direcdy or indirectly Induced or solicited any other
Respondent to submit a false or sham Proposali Respondent has not solicited or Induced any person.
firm or corporation to refrain from responding; and Respondent has not sought by collusion or
otherwise to obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and
install all of the Work complete and in place. The Schedule of Values. if reqUired. is provided for the
purpose of Proposal Evaluation and when initiated by the CITY. It shall form the basis for calculating the
pricing of change orders. The Contract Price shall not be adjusted In any way so as to result in a
deViation from the Schedule of Values, except to the extent that the CITY changes the Scope of the
Work after the Contract Date. As such. the Respondent shall furnish all labor. materials. eqUipment.
tools, superintendence and services necessary to provide a complete. In place. Project for the Proposal
Price. If this Solicitation requires the completion of a Cost and Technical Proposal. as may be set forth in
in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take
the place of the Lump Sum Price, otherwise, the Contract Price for the completed work Is
as follows:
RESPONDENTS SHALL SUBMIT PRICING ON EXHIBIT 4, "COST AND TECHNICAL
PROPOSAL."
5. The ENTIRE WORK shall be completed. in full, within 60 workins days from the commencement date
set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time
period shall result in the assessment of liqUidated damages as may be set forth in the Contract.
6. Insert the follOwing Information for future communication with you concerning this Proposal:
RESPONDENT: 0\.l{\UI\O 8\J\ \6eO 0oreorQ\\Of'
Address: 1{a.s 9 SUI 111 11. tl\iqN\i F L 33193
Telephone: 1'e(,~158··3f1'1 '
Facsimile:
Contact Person Or\gl\do FemQ!\()e~
7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is
assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package.
8. If a Cost & Technlcol Proposo/, £Xhlblt 4, is required by the SoliCitation, Respondent hereby certifies
that all of the facts and responses to the questions posed in the Cost & Technical Proposal. £Xh'bit 4, if
Thomas F. Pepe
1111011015
Page 42 of 76
such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of
this Construction Sid Form. Exhibit 3, and are made a part of this proposal, by reference.
9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the Solicitation package and I agree to be bound by those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing,
including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that
entity and that all of the information and representations contained herein are true and correct to the
best of my information and belief.
SUBMITTED THIS _1~,\ _ DAY OF Delember 20.16...
PROPOSAL SUBMITIED BY:
0U(\U(\O \"\}\ \c) en Cor POW\IOA
Company
186 -15 S -311 q
Telephone Number 1
305-Z13-131
Fax Number "'I
FeraR610(1) botroyd. Cotvl
Email Address
Title
END OF SECTION
Thomas F. Pepe
1211 0/2015
Page 43 of 76
EXHIBIT 4
RESPONDENTS COST & TECHNICAL PROPOSAL
Perimeter Fence Project at Dante Fascell Park
RFP #PRlO 16·26
NOTE: RESPONDENTS MUST QUOTE AU THREE (3J COMMERCIAL FENCE
OPTIONS USTED 8£LOW. AND IN ACCORDANCE WITH THE
SPECIFICATIONS AND WORK TO 8E PERFORMED PROVIDED IN EXHIBIT I.
"SCOPE OF SERVICES. OJ THE CITY. AT lIS SOLE DISCRETION, WIU SELE.CT
FOR THE AWARD A SINGLE COMMERCIAL FENCE OPTION FROM A SINGLE.
RESPONDENT.
SUBMITTALS THAT DO NOT PROVIDE QUOTES FOR ALL THREE (3J
COMMERCIAL FENCE OPTIONS, OPTIONS #', #2 & #3, WILL 8E REJECTED
FROM FURTHER CONSIDERATION.
LUMP SUM PROPOSAL:
Option #1 -l-Rail Vinyl Ranch Fence (maintenance-free vinyl'
weatherable performance):
$8S<1SQ,00
I
Option #2 -Metal Estate Type Fencing:
$ 3'2Q I 150.oc)
i
With Pilasters
Option #3 -Horizontal Aluminum Fence
$ '33 ~ ZOUd OC With Pilasters
SUBMITIED THIS 11 DAY OF \)ec ero be r 20J.6..
Thomu F. Pepe
11I10110IS
Telephone Num i -::; 1 ~o5'lZ3' ~I
Fax Number
EftA ~6'IC ci) 6 el 00 dh. oe t
Email A dress
END OF SECTION
Page 44 of 76
ExHIBIT 4
RESPONDENTS COST & TECHNICAL PROPOSAL
Perimeter Fence Project at Dante Fucell Park
RFP tlPR20'6-16
NOTE: RESPONDENTS MUST QUOTE. All THREE (3) COMME.RClAl FE.NCE.
OPTIONS USTED 8ELOW, AND IN ACCORDANCE WITH THE.
SPE.CIFlCATIONS AND WORK TO 8E P£RfORMED PROVlDE.D IN EXHIBIT '.
"SCOPE OF SE.RVlCE.S.·f THE. CITY, AT ITS SOU DISCRETION, WILL SElECT
FOR THE AWARD A SINGLE COMMERCIAl FENCE QPnoN FROM A SINGLE.
RE.SPONDENT.
SUBMITTALS THAT DO NOT PROVIDE QUOTES FOR All THREE. (3)
COMMERCIAL fENCE. OPTIONS, OPTIONS "'. #2 • #3, Will 8E. REjE.CTED
FROM FURTHE.R CONSIDE.RATlON.
LUMP SUM PROPOSAL:
SUBMITTED THIS
Option #1 -3-Rai1 Vinyl Ranch Fence (maintenance-free vinyl I
weatherable performance):
$ 8S/1S0vOQ •
Option #2 -Metal Estate Type Fendng:
$ qlj, '2 SO.OO
I
Without Pilasters
Option #l -Horizontal Aluminum Fence
$ 'JO,'150.00 , Without Pilasters
11 DAY OF December
(\OPOSAl SUBMITTED BY: )l\cmo GCJ,)den CarPOrq\\On
20.16..
786-25 8· 37719
Company,
~m'-'"
S re '
~~5\(jef\1
Thomas F. Pepe
1211011015
END OF SECTION
Page 44 of 76
EXHIBIT 5
CONSTRUCTION CONTRACT
Perimeter Fence Project at Dante Fascell Park
RFP #PRlO 16-26
THIS CONTRACT was ma~ an~ t:red Into on this @,C dayof!\ ~ \lJ. .' 2oD,
by and betWeen C y 1l'\.0\. ~O 0\ <"S. (hereafter referred to as
"Contractor'1, and the City of South Miami (hereafter referred to as "Owner'1, through its City Manager (hereafter
referred to as "City").
WITNESETH:
That, the Contractorj for theconsideratlori hereinafter fully setout, hereby agrees with the Owner as follows:
I. The Contractor shall fum ish all labor, materials, equipment, machinery, tools. apparatus, transportation
and any other items necessary to perform all of the work shown on and described In the Contract
Documents and shall do everything required by this Contract and the other Contract Dog.ments
hereinafter referred to as the Work.
2. The Conti'act Documents shall include this Contract, General Conditions to the Contract, If any. the
drawings, plans, specifications and projecthlanua/.lf any, any supplemei'rtary or special conditionS, Other
docu~ts refeningto this contraCt and sigoed by t/:!e parties, the solidtation documents ("hereinafter
referred to as "Bid Documents'land any documents to which those documents refer which are used by
tl)eOwner aswe/I as any attachments or ~Ibits that are made a part of any of the documents described
herein.
3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents •
.... The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject
to additions and deductions as provided In the Contract Documents and any properly approved, written
change orders, in lawful money of the United States, the Lump Sum amount of: _ ~ _ 'r-'~\1 t::>v \\c., 'S -~ tr'N2-",vw). ~ uo--'\ • etf\,Q,.bu~V'e..~Te",k:)J\~QStA~' o....oX . Dollars($ \ \C,\$"D .::J
(Spell Dollar ~"""'J ("Contract Price'1.
S. The expenses of performing Work after regular working hours. and on Sunday and legal holidays shall be
included in the Contract Price. The City may demand, at any point in time. that any part, or all, of the
Work be performed after regular working hours. In such event, the Respondent shall have no right to
additional compensation for such work. However. nothing contained herein shall authorize work on days
and during hours that are otherwise prohibited by ordinance unless specifically authorized or InstrUcted in
writing by the City.
6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents). which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence satismctory to the Owner that all labor. ~ and
other costs incurred by the Contractor in connection with the construction of the Work have been paid In
full, and after compliance with the terms for payment prOvided for in the Contract Documents. final
payment on account of this Contract shall be made within sixty (60) calendar days after the completion by
the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner.
8. The Work shall be completed In 60 watkins dan-In the event that the Contractor shall fail to
complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit
agreed upon. in accordance with the procedure as more particularly set forth in the Contract Documents,
liqUidated damages shall be paid by the Contractor at the rate of $700.00 dollars per dar, plus any
monies paid by the Owner to the Consultant, if any. for additional engineering and inspection services, if
any, associated with such delay.
Thomas F. Pepe
IVIOIlOIS
Page 46 of76
9. It is further mutually agreed between the par$s hereto thll~ If a Payment and/or Performance ~nd
("Bond', Is required and if, auriytitne afterthe~on of thIsCo~~the Bond for Its ~1.
performance and payment, the· City shall ~mthe SL/rety ()rSu~es upon such bond(s) to be
unsatisfactory, or if, for any reason such~~s@to be adequate to cover theperfOrrTIl~ohhe
Work orpayri1ent to subcontractOl"sand supPliers, d\eCo~c:.tor$hall, at ~~e withfn,·five (5)
business c1aysa:fter thetecelp'tof nO~i::e'frOmthj!Ci1¥ so todo,furn,lshan addltipm.l~nd ,or \)()nds in
such formaritlamount.andwlth sudfSur~ orSur:e:tie!;~~hall be satfsfactoryto :t/:leCIty;ln·such event,
no further payi11eJit; ~tC:> theConttaCti:)rsl1ati ~ ~ to be due "mderthisCo~unt:11 sLichnewor
additional .~~~~r' the· fajthful pe~rtrlal:lceof .t,he Work is furnished In .themanner and in. the ·fOrm
~a:tisfa'¢tOrytj):t:hii Ci1:y. ..
10. No addl,ti~li~ Work or ~ $hallbe. done u.nl~~e~e Is.dlJlYautI:lonzeclinWliting,. ancHn advance Qf
the wpr'k,.byapJ:)rOpriate action f;)ythe. CltyandJn a~ce.~ ·theCOntract~me.ritso
II. Theda.~,~uJlls contract ~ "made antf'ente~, into" and Its effective -date Is the CIa.~~t th~ ~~tract is
thesigg~by th, City or, ifthecon~ Is require~ft~:r~,apprO~by~hit:ic)n cifthe9tyCc;mmlssion, then
,th~ ,Ewectlve t>atels ·the.date of~eresolution appro'lingthe .do~ WtU~iS the later date.
I~ W)'rNI;$$'\\fH.ftEQF, thepartiesl1er~tQ .l@~ ~ecu~tI1ls Contract onthedayand'c:lateset
forth.n~ ,tomei" ~:~o\.Vand rnay,besfgnedinone or'rnorecOtin~each ofwhichsl1at~WlthoUtprOof
or accoun~ngk>r theotl1ercounterpart,bedeerTiei:! an ~rigin~fContract. '
Read 'and APProved as to Form. Language.
Legality, ani:! £l;c~l,Ition Thereof:
Signature:
Thomas F. Pepe
1211011015
City Attorney
Page 47 of76
EXHIBIT'
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
Perimeter Fence Project at Dante Fucell Park
RFP #PR20 16-26
ARTICLE I -DEFINITIONS
Whenever used iii these General Conditions or in the other Contract Documents, the following tenns shall have
the m~nlng Indicated. These definitions shall always apply when the section of the Contract specifically refers to
this Article for the purpose of Interpreting a word or group of words in that section of the Contract Document.
However, when the s~on of the Contract.. where the word to be defined is used, does not specifically referS to
this Article to define the word or group of words, the definitions contained in this Article Shall not apply unless
the word or group of words, in the context of it or their use In the Contract Document In question, islate
ambiguous and open for interpretation. In addition, these definltion~ shall also not apply to interpret terms ina
specific provision of a Contract Document If that specific provision contains a deftnltionof these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or Interpret the Contract
Documents; Drawings and Specifications, by addition, deletions, clarifications or correction.
""plication for Payment A form approved by the CONSULTANT, if any, or the City Manager which is to be used
by the CONTRActOR in requesting progress payments.
M 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 the Owner's solicitation for proposals or bids
for Work. .
Bid Documents: The solicitation for bids or proposals and all documents that make up the ~licitatiQnlncludlng
the instructions, form of documents and affidavits.
~ Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of florida. .
Change Order; A written order to the CONTRACTOR signed by the City Manager authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract.
Work Order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations, and the timeframe for completing the work.
QIt. The Qty Manager for the City of South Miami, 6130 Sunset Drive, South Miami, Fl 33143. unless the
conteXt wherein the word is used should more appropriately mean the City of South Miaini.
Construction Observer; An authorized representative of the CONSULTANT. if any. or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract .and modifications issued after execution of the Contract as
well as all Bid Documents Including but not limited to the solicitation for Bid. CONTRACTOR'S Bid. the Bonds.
Insurance endorsements. Insurance Certificates and policies, the Notice of Award. the Notice to Proceed, the
General Conditions, Special Conditions. If any. any Supplementary Conditions. the Technical Specifications.
Drawings. including any incorporated specifications, addenda to the drawings issued prior to execution of the
Contract, Change Orders. Construction Change Directives and any written order for a minor change In the
Work, and written modifications to any of the Contract Documents.
Contract Price; The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting Officer: The individual who Is authorized to sign the contract documents on behalf of the OWNER.
CONTRACTOR: The person. firm or corporation with whom the OWNER has executed the Contract.
CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or, If none, then
CITY's designated representative as identified in the Supplementary Conditions.
Thomas F. Pepe
1211011015
Page 48 of76
Quo A period of twenty-four hours measured from the beginnll'lg of the day at 12:0 I a.m. and it shall be presumed
to be a.calendar day unless specifically designated as a business day.
Din: 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 fromVihich the designated period of time
begins to run shall not be Included. The last day of the perio.;!so computed sl'!all ~ included unless it Is a
Saturday. Sunday or legal holiday; in which event the period shall run until the end of the next business day that is
not a Saturday. Sunday or legal holiday.
Defective Work: Work that is unsatisfactory. fau1ty. or deficient in that it does not conform to theC~ntract
DociJmentS~ordoes not meet the reqUirements of any applicaPlelnspectlon.refe~ce standarcl.test;or approval
referred to in the Contract Do~ments.ot has been~gedprfor to the CONSULTANT'S rec~mmendatlon of
final payment (unlesS m.ponslbility forthe pro~on thereof has ~n delegated to the Owner); substitl,ltlonsthat
are not properlyapprov~d an4authori;zed, any deficiency In the Work. materials and equipment; .in;lterilllsand
equipment furrils~ed ",neler the Contract that are not good quality and new unless otherWise require'd or
permitted· b.)'the COrttra~ pocuments. .
Drtwlnp:The drawings whiCh show the character and Scope of the Work to be pe!'fqrmed and which have been
pr(!pa~d or approved by the CONSULTANt. or.lf none. then bY;!Jl architect Of' engineer hired by the' City'and
are referred to In the Contract Documents. ...
Reid Order; A written ~rderi~uedbytheCONSULTANT wIlich clarifies or interpretS the Contract DOcUmentS
In accordance with Paragraph 9.3 or orders mino~ chanf!S In the Work in accorctancewithparagraph 10.2.
MOdificatjon;(a) A written amenclment of the Contract DocUments signed by bothpardes. (b)a€Hange Oi'der
slglled by b()th ~rtles. (c) a~n cl~catlon or Interpretation If IsSued b)tthe-CONSUlTANTlnaccordarice
with paragraph 9.3 or(d) a written order for minor change 0 .. alteration In the Work Issued bY the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be Issuedafl:er eXearti6n ohhe Contract, It
must be In writing and signed by the party against whom the modification Is sought to be enforCed •
. Non-confgrmlDIWork·meansworkthat does not· conform to the Contract Documents and Ir'ldu~ work that Is
un~tisfactory. faulty. ·or deficient or that does not meet the requirementS of any applicable Ins!*.don.refel'ence
standard, test, ot that does not meet any approval reqUired by. 01' referred Wln,·the Contract -rlocuments;or
work that has been damaged prior to CONSULTANT's recommendation offirialpayment(unless.resP9nsibilityfor
the protection thereof has been assumed In writing by CITY).
NcWcecif Award: The written notice by CITY to the apparent successful Bidder stating that upon compllancewJth
th~ conditions preCedent to be fulfilled by it Within the time specified, C.ITY will execute and deliver the Contract
to him.
NOtice to Procee¢ A written notice given by CITY to CONTRACTOR (with copy to CONSUlTAN1)fbdngthe
date on which the Contract Ti~ shall commence to run and on which CONTRACTOR shall Start to perform its
obligations under the Contract Documents •
.f!!En: An Individual or legal entity.
~ The entire construction operation being performed as delineated In the Contract Documents.
~ The term "policy" as used in the Contract DocumentS shall mean the Insurance binder. If it Is issued. the
declaration page of the policy and the body of the policy, Including all endorsements.
REf: Request for Proposal.
Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same
meaning as ScoPe of the Work unless the context In Which the phase Is used clearly means otherwise.
, Shop Drawinp: All draWings. diagrams. illustrations, brochures. schedules and other data which are prepared by
the CONTRACTOR, a Subcontractor, manufacturer. supplier, or distributor. and which illustrate the equipment.
material or some portion of the work and as reqUired by the Contract Documents.
Samples: Physic:al examples which illustrate materials. equipment or workmanship and establish standards by which
the Work will be judged.
Specifications: Those· portions of the Contract Documents consisting of written technical descriptions of
materials. eqUipment, cons!TUction systems, standards and workmanship as IlPplied to the Work.
Subcontractor; An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance ofa part of.the Work at the construction site.
Substantia! Completion: The date, as certified by the CONSULTANT. when the construction of the Project or a
certified part thereof inufliciendy completed. in accordance with the Contract DocumentS, so that the Project, or
a substantial part, can be utilized for the purposes for which it was Intended without restriction or limitation to
any degree. other than for the repair of minor "punch list" items; or if there be no such certification. the date
when final payment is due in accordance with paragraph 14.9. However. In no event shall the proJect or portion
Thomas F. Pepe
IVI0I1015
Page 49 of76
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion. issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information. from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which wouldnormaJly to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work. including the fabrication
of an item, but who does not perform labor at the site of the Work.
~ The individual C)r entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials useclon the
project.
~ Any and all obligations, duties and responSibilities necessary for the successful performance and completion
of the Contract.
~ The term "Notice" as used herein shall mean and indude all written notices, demands, instructions,
claims. approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or
corporation, or if delivered at or sent by registered mall to the last known business address. Unless otherwise
stated hi Writirig. any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT. .
ARTICLE 2-PREUMINARY MATTERS
~
2.1 The CITY reserves the right to reject any and all Bids, at Its sole dlscredon. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be giVen until the
CiTY has concluded Its investigation, as it deems necessary. to establish, to the satisfaction of the CITY.
which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the
time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid. the CITY may
also taJ<e Into consideration alternate and unit prices, if requested by the Bid forms. If the Contract Is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract"for
execution Within ninety (90) day after opening of Bids.
Execution of Contract;
2.2 At leaSt four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not Included in the Policy of
Insurance, the Policy of Insurance required by the Contract Documents. the written notice of designated
supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY Within ten (10). calendar days of receipt of the Notice of Award. A Contract Document that
requires the Signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an Original Contract Document.
Forfeiture of Bid SecyrtI)'lPedormance and Payment Bond if any are reqylred by the aPSllicable REP:
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (I OO%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum.
Thomas F. Pepe
1211012015
Page 50 of76
2.3.3 Pursuant to the ~u1rernel'1t;S of-Section 255.()5(1), Rorida Statutes, CONTRACTOR shall ensure
that-the Bond(s) ret.ren(e(labove shall be recorded In the public: recorcis:ofM~I~DadeCounty
and provide CITY with .viden~ of sul;h recordi"8-
2.3.4 ~h BOnd must be executed by a suretycor11pUl)'authorized to do ~i!\esS In the State of Florida
--as a s'"ty,;ha~l'Ig a tesJclent''Ientin the.State~f Florida an~ having·beeJ1in baslness With a record
ofsi.i~I,co~nu9US opetationfor a I.-five' ($) y.ars.
2.3.5 The_ stJt:eq' 'company shailhold • current cerdfi~ of audtoriq, as acceptable surety on federal
bonc;fs:ti'laccorcfanc;e wid'ltl'leUnlted States Department ofT~ur:yarcUlar 570, current'
!i!vl$ions;
2.3.6 The CITY'shall~nlybe required to accept a surety bOnd from a company with a rating -A. VII or
~_r.
2.3.7 Failul1l of the successful 81dder to exe~ and deljver the ContraCt, and deliver the required
bon~ ~l1dlnsu","ce documents shall be caUsefor:theClTYtoannul the Notice of Award and
d~arethe Bidalld any securityt:herefore forfeited.
COl1tractoO Pre-Start Representatipn:
2.4 'cOMi"RA¢TOR. re~~~,1t has famillariad itself With, and'aSsumesmtlrespo!\ilblllq for having
familiarized 'iu.eJf-With ,dle i:lat.C:ireand extent of theConiractDocuineilt3, Wor.tc. ioc:al~.arid ,with"lloc;aJ
conciitje,.,s am,i feC!eral,state and local laws. ordinance. rules and replat:ionstl'iat may In any rnBI:1ner affect
performance'ofth~ WQrIc, and represents that it hils correlaTed Its study andobiervations with the
requl.reni~l'iu.,ofthe Contract DOcumeniL CONTRACTOR also ~~tsthat't has~df",aJlsurveYS
and iJ:W~ptiO"s. reportS ,of subsurfilceand latei1tphY$ical condItlQi'I~,~.to-li) thespeCitiCations
~d~e ~iich additional su~ys and investigations as'ltd.ems n~ fOrtheperfonrianc;e:Qf~
-Wol'k_~d;ln the. (;ontractDccuments.ind'that-he ~ cprre~',d'ie .-.ults. of all such·.~ With
tlte r~ui~'ofthe Contrad: DOcumentL .
CorDOWjj:emint ofContrac:tDme:
2.5 The'Contracl:Tlme:shailcommell(eto r!,lnon the date ~tedin the Notice toPro~~d.
Starting the PrOjec:t; _
2.6 . CONTRActOR shall s~.rt,to· perform Its obllptiol1s:l,Inder th~ a;,11~¢ DOcwili!nts,on the .claie the
Contract TIme commences to ruil. No Work shall be done l¢the site (as defin~ In Article l);prlOrto
the ~te On which the Contract Time commences to run. except with the WrItten conieittofthe CITY.
Before Startlng,Construction;
2.7 BefOre un~ng each part of the Work. C;ONlRACTOR shall carefully study and co"r1! the
ConY'8~ DQQ,lments andth8dt and verify perdneritfigures shown t.he.::eol1 ~d~1 applicable'field
m~unm'lel'lts an_c:i~onditipns.· It shall atoncerepart tn Writing to C()N~ULT ANT any c:oilftlct, :error. or
dls~repaoc:y whic;h It may discover. Neither the OWNER nor the CPNSULTANT shall be lIabl~'fOr any
harm. cIa!'n'Ie or loss suffered by CONTRACTOR as a result of Its faII\Jt.!1X) disto~r ~y c~"'Ict, error,
or'cBsttepancy In the Drawings or Specifications nor' shall th,e C;O~~OR be entitled ~.any
compensation for. any harm, cIaf!llP or lOss sufl'eredby the CONTRACTOR due to any conflict, error,
or discrepancy In the Contract Documents.
Schedyle of Completion;
2.8 Within Five (5) buslneSs days after delivery of the Notice to Proceed by CiTY to CONTRACTOR.
CONTRACTOR shall submit to CONSVLT ANT for approval. an estimated construction schedUle
indicating th~startlng-and completion dates of the various stages of the Work. and' a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve thiS schedule or require revisions
theretO wid1in seven (7) calendar days of Its submittal. If there Is more than one CONTRACTOR
involved In. the Project. the responsibility for coordinating the Work of all CONTRACTORS shall be
provided In the Special Conditicms. ._
2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR. but
before starting the Work at the site, a pre-constructlon conference shall be held to review the above
schedules. to establish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment. and to establish a working understanding between the parties as to the
Thomas F. Pepe
1211012015
Page 51 of76
Project. Presentat·the cOl:lference will be the CITY'S representative, CONSULTANT. Resident Project
Representatives. CONTRACTOR and its SUperintendent. .
Ouatlfigtioos 0fSybc0ntract9rs. Material men and Suppliers;
. 2.10 Within five (S) business daysaher bid opening. the apparent lowest responsive and responsible Bidder
shall submitte the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and sud! other persons and organizations (including tbose who are to furnish prindpal items of ~als
o'r equlprnel:lt) proposed for those porti~nsof the Work as to which the identity of Subcontractol'$ and
other persOns and organizations must be submitted as specified In the Contract Documents. Within
thirty (30) calendar days after receiving the IIit, the CONSULTANT will notify the CONTRACTOR in
wrltihg If either the CITY or the CONSULTANT has reasonable . objection to any Subcontractor. person.
ororpnization on such list. The failure of the CITY or-the CONSULTANT to make objection to any
Subcontractor. person. or organization on the list within thirty (30) calendar days of the receipt shall
COristitute an acceptance of such .Subcontractor. person or organization. ~ce of any such
Subcontractor. person or organiution shall noc constitute a waiver of any right of the. CITY or the
CONSULTANT te reject defective Work, material or equipment, or any Work, material or equipment
not in conformance with the requirements of the Contract Docl.lments.
2.11 If.-priorio the Notice of Awar'cl.the CITY otthe CONSULTANT bas reasonable oi?jection 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 Ti ... ~ apparent sRenee -of the Contract DOcuments as to any d_l. or the apparent omission from them of
a 4eia1led .d~cri~on concerning any Work to be done and ma-.lals to be furnished, shall be reprded as
meaolngthat orily • practices are-to prevail and only materials and workmanship of the best quality are
to be used in the performance olthe Work.
ARTICLE 3-CORRELATION. INTERPRETATION AND INTENT OF CONTRACT DOCUMEND
3; I It is the intent of the Specifications and Drawings to describe a complete ProjeCt te be constrUcted in
accordance with the Contract Do.cuments. The Contract Documents comprise the entire Contract
betw~en the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in
ArtIcle I.
3.2 The Contract DocumentS are complementary; what is called for by one Is as binding as if called for by all
the docl,lments. If CONTRACTOR finds a conflict, error or discrepancy in the Contract DocumtlntS, It
shall. before proceeding with the Work affected thereby, immediately call It to the CONSULTANT's
a~ntion In writing. The various Contract Documents are complementary; in case of conflict, error or
dis~cy. the more stringent interpretation and requirement that shall provide the maximum benefit to
the Owner shall apply
3.3 The words "furnish" and "furnish and install". "install". and "provide" or words with similar meaning shall
be interpreted, .Linless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the Indicated
fUnctions. shall be furnished and Installed without change in the Contract Price. Such· miscellaneous items
and accessories shall be of the same quality standards. including material. style, finish. strength. dass.
weight and other applicable characteristics. as specified for the major component of which the
miscellaneous Item or accessory Is an essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not Intended to Include major components not covered by or
Inferable from the Drawings and Specifications.
3.S The Work of all trades under this Contract shall be coordinated by the CONTRACTOR In such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed oJ:' erected In accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
ContraCt rain proof. and for making equipment and utility Installations properly perform the specified
function. If the CONTRACTOR is prevented from complying with this prOvision due to the Drawings or
Specifications, the CONTRACTOR shall immediately notify the C;ONSULT ANT In writing of such
limitations before proceeding with construction In the area where the problem exists;
3.7 Manufacturer's literature. when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or
Page 52 of 76
Thomas F. Pepe
1211012015
3.8
3.9
3.10
3.11
other data published by regulatingagendes or accepted organizations. induding but not limited to
National 8ectricaJ Code, applicable State Bundlng Code. Florida Building Code, Federal Specifications,
ASTM SpeCifications. various Institute specifications. and the like, it shall be understood that such
reference is to ~e latest edition induding addenda in etrecton the date of the Bid
Brari-d names Where used In the technical specifications. ar~ir'itendedtO denoteth. ·standard or quality
requI~ for the particular material or product. The term "equaJ" ot~equiYalerit"; Woen used In
c6ilil¢ctio.l'! -'Nith. brand~. shall be fnterpretedtOinean a n'iliteria!orproduct that Is sllTlilarand equal
In ~ qua,IIty.:slze,capacity. composition. finish. color'1U1d other-applicable c:harac:teristlcs-tOth:..materiaI
or ptgc:l!.l~s~Jiedby~de name, and that is suitable fOr the sanie use capableofperformlngthe .sa,tne
fun~oni in~eoplnion of the CONSULTANT. as the material Or produCtSQ!!~ Pro~ed
equlw.te,flt·i,;ei'rlS must be approved by cONsuLTANT·befOre they are purchi$ed.or inc:orporat¢dfnthe
Wo* (When a brandrlalTle,catalognur:nber; modeJnumber;oroth~i~dltlon •.. 1s used Wfr,Itput the
phrase _Itot equal". the -CbNTRACTORshali use the brandt .makeand .mQCk!i sptiC:ifjed).
Throughout this agreement the male prOnoun may be substi~fOr""'eandneuter and vice versa
andtt."e$ingular words siJbstituted for plural and p1uralwordssubstitutedfQr singular wh~v~r
applicabie. .
All ~C~'1!Cl1linterpr~tions shall be made by the CONSlJLTANTassetforthinSection 9~3 beJ9'tV.
The<:O~,.AAtTOR lilal! have advised the CONSULTANT.pHor toperfo\1Tlil1,allY Vlo.rkinvo~nga
conflict hlQleContractpocuments and the CONSULTANTst.a!! make ~ flnaldeclslonas to whiCho.f
the doC\!.mentsshail take precedence. In the eVehtthatther~isa ,conflict ~ -or~pngth~
~r:i~¢t:,O~mentS,onlythe latesiversion slWl-'PPIY anc! ~e tatestversiC)n ()f~Co)ltt'aCt
Ooqll:n~~. Tb~·CONSULTANT shall use the folloWing liSt -ofCorntactDocume~as.agulde. -Th~e
documentS ;areSi!t forth below in-the orcier'6f their p~ec;len(e 59 :that all the, do~.ments listed above a
giv~nd9~meflt should have precedence over all the documents IisU!d.beJowlt.
(a) Change Orders
(b) Arilendnli!ritsladdendato"Conti'act
(c) Supplementary Conditions. Ilany
(cI) Contract with all exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
00 Scaleddirnensions
(h) Drawings ofa larger scale
(I) Drawings ofa smaller scale
ill Drawings and-Specifications are to be considered complementary to eadt other
ARTICLE 4-AYAILABIUTY OF LANDS SUBSURFACE CONDmONSREFEREN;E POINTS
Avajlabilh;yofl.andsi
4J The OWNER shall furnish. as indicated in the Contract Docu~nts. the lands uponwhlchtheWotk.is to
be d~ne, rights-of-way for access thereto. and such other lands which are designed rorthe use ohhe
CONTRACTOR. Easements for permanent structures or pennan~nt changes in existlngfad!lti~ will be
obtained and paid for by the OWN8\. unless otherwise specified in the Contract Documents. ~er
acc::essto such lands or rights-Of-way for the CONTRACTOR'S convenience shall be the responsibility of
the CONTRACTOR.
The CONTRACTOR shall provide for all addii:lonal lands and access thereto that may be required for
temporary construction fadllties or storage of material and equipment.
4.2 The CITY will. upon request, furnish to the Bidders. copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation.
disposal. handling and storage of materials. availability of labor. water. electric power. roads and
unc:~rtainties of weather. river stages. tides. water tables or similar physical conditions at the site. the
conformation and conditions of the groundt the character of equipment and fadlities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the character. quality and quantity of surface and subsurface materials or obstades to be
encountered insofar as this Information is reasonably ascertainable from an .inspection of the site,
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including all exploratory work done by the OWNER! CONSULTANT on the site or any contiguous site,
as well as from information presented by the Drawings and Specifications made part of this Contract, or
any other Information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to
acquaint Itself with the available Information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. The OWNER a$Sumes no reSponsibility for any
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by theOWNERI CONSULTANT.
Differl", Site Conditions:
4.4 . The CONTRACTOR shall within forty~ght (48) hours of its discovery. and before such conditions are
dlsturbe4. notify the CITY in writing; of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those Indicated in the
Contract Dotun'lents. 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 chara~ provided ·for in this
Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions
do materially differ to the extent as to cause an Increase or decrease in the CONTRACTOR'S cost
of, or' the time reqUired for. performance of any part of the Work under this Contract, an
eqUitlble adjustment shall be made and the Contract modified In writing accordingly.
4.5 No datm of the CONTRACTOR under thisdause shall be allowed;ul1l~ the CONTRACTOR has given
the rioticerequired in 4.4 above; provided, however. the time prescribed therefore may be extended by
th~c::ITY, bUt only ifdone in writing signed by the City Manager or theCONSI)LTANT.
ARTICLE 5 -INSURANCE Contractor shall comply with the Insurance requirements set·forthin the
SupplemenaryConcfltions to the Contract.
ARTICLE 6 -CONTRACTOR'S RESPONSIBIUTIES
Supervision and Superintendence;
6.1 The CONTRACTOR shall. supervise and direct the Work. It shall be solely responSible for' the means,
methods, techniques, sequences and procedures of construction. The CONTRACTORshail employ and
maintain a qualified . supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the time reqUired by the Contract, as the CONTRACTOR'S representative at the
site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and
all commul)lcations given to the Supervisor shall be as binding as If given to the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to
the c:ONTRACTOR'S home office).
6.1.1 . The CONTRACTOR shall keep one record copy· of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times and In good order and annotlted to show
all changes made during the construction process. These shall be avaUable to the CONSULTANT
and any CITY Representltive at all reasonable times. A set of HAs-Built" drawings, as well as the
original Specifications, Drawings. Addenda. Modifications and Shop Drawings With ililnOtltions.
shall be made available to the City at all times and it shall be delivered to the CITY upon
completion of the Project.
labor. Matedals. and Equipment
6.2 The CONTRACTOR shall provide competent, suitlbly qualified personnel to layout the Work and
perform construction as reqUired by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials. eqUipment, labor, transportation. construction equipment
and machinery. tools, appliances. fuel, power. light. heat, local telephone. water and sanitary facilities and
all other facilities and incidentals necessary for the execution. testing; Initial operation and completion of
the Work.
6.4 All materials and equipment shall be new. except as otherwise provided in the Contract
Documents. When special makes or grades of material which are normally packaged by the supplier or
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manu~urer are specified or approved, such materiaJsshall be delivered .to the site in their Clrigin!ll
p;l.cka:g!!S.orcontainers With seals unbroken and labels intact.
6.5 All mater:ia!s and equipmeilt shall be applied; installed. connected. e~cted; useci. cleaned and conditioned
in accClrdanc~wlth thl! instructions of the applicable manufacturer. fabricator. or processors. except as
otherwise proVided in the Contract Documents.
Work. Materials. EqUipment. Products and Substltytjoos:
·6;6· Matf!ii~s,;equlpment and products incorporated In th.eWorl< lTIust be approved for use before being
purc:hased by the CONTRACTOR. The CONTRACTOR shall submitto the CONSULTANT a list of
proj)9sed niatenals, equipment or productS, together with such sampltlSas maY be necessary for them to
determine their acceptability and obtain their apprOval, wlthlnnineq(90) calendar ~Y$after ~wardof
C:ol'ltl'aCtllllless'otheiWIse Stipulated in the SpeclaJCondltions. No request for~yrrlelitfor -or: equal-
equipment will be approved until this liSt has been rec~edand approved by~ CQfI,ISOLTANT.
6.6.1 Whenever ai'na~rial, article or piece of equipment Is identified on the Drawfngs.or Spedflcations
by reference to brand name or catalog number;.lt shall be Ul.1derstoodttiatthis,is referenced fOr
the'purposeofdEifiningthe performance oro. salient reqi.lli"ernelrtsand thatotherptoduct5of
equatcapacl:tll!$,quallty and function shall bec()nsld~reci Tht!'yONTRACTOR may<recommend
thesu~t1ItJQn ofarm.,terial. article. or piece C)f equipment of equal substance,andfuri,ctlon for
thos.!!refetred·t6inthe Contract Documents . byr:."rf!~CetObnndnatne. ortatalog number. and
if. in theopilliol'l of the CONSULTANT. such ~. iutI~e. or piece ofequlpmeilt 1s0fequaJ
sub$ri!=4!lI.l)~t\lnctlon ~ tltatspedfled. the CONSULTANTniay approve:lissu~o!'ianduse
by'th~(:ONT.AACTbR. Incidental, change$or el¢ni,cotnponentparts'requlredto a«ommodate
the substitute will be made by the CONTRACTOR Without a 'Change in the Contract Pric~or the
ton~ct Time.
6.6.2 Nosubstltute shall be ordered or i\'llitalled Without the Wrfttenapprc>vatofthe CONsUI.TANT
wh.o shall be the judge of quality.
6.6.3 Delay ~used by obtaining appro~s for substitute materials ,shall noibe conSidered justif}abte
grounds for an extension of construction time.
6.6,4 Should any Work or materials. equipment or products not conform. tQ teqWr$'Ie!ltS,Qfthe
Drawings and $pecificatlonsor become damaged during the progress ofth~ Work, such Work or
materlalssh~1 be removed and replaced, together with ,any Work cii~pd 'bysUch;dteradons,
at anytime befclre completion and accep13l1ce of the Project. All suchWol-k shall be done at the
~pens~ ohl:II!,CQNTRACTOR. .
6.6.5 No in$rials or supplies for the Wor'kshallbe purc;~ed by the CONTRActOR or any
Subc:onttactor subject to any chattel mortgage or un~er a c()nd~onal sale or other agreement by
Which an interest is retained by the $eller. The CONTRActOR warrants that they have good
title ,to all materials and supplies used by them in the Work.
6.6.6 Non-conforming Work: The City of South Miami may withhold ~ce of, or rejectitenis
which are found upon examination. not to meet the specification requfrements or conform to the
plans and drawings. Upc>n written notificationof rejection. kerns shall be removed oruninstalled
Within fiVe (5) business days by the CONTAAtrOR lI.t his own expenSe and recfellveredandlor
reiri~ledat h!sexpense. Rejected goods ieft iongerthan thirty (30) calendar days shall be
regarded as abandoned and the CITY shail have the right to diSPose of them as its own property
and the CONTRACTOR thereby wa/ves any Claim to the good or to compensation of any kind
for said goods. Rejection for non-conformance or failure to meet delivery schedules may result In
the CONTRACTOR being found In default.
6.6.7 In case of default by the CONTRACTOR. the City of South Miami may procure the articles or
servic~ from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.6.8 The CITY reserves the right, in the event the CONTRACTOR cannot provide an ltem(s) or
servlce(s) in a timely manner as requested. to obtain the good andlor servicesfromotber sources
and deducting the cost from the Contract Price without violating the intent of the Contract.
Concerning Subcontractors;
6.7 The CONTRACTOR shall not employ any Subcontractor. against whom the CITY or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
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Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT
determines that there is good cause for doing so.
6.8 The CONTRACTOR shan be funy responsibl~ for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of ~rsons and organizations for
whose acts any of them may be 1icJ.l:IJe to the same extent that they are responsible for the acts and
omissions of persons directly emplo.yed by them. Nothing in theC~lOtract Documents shan create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization haVing a direct con~ct with CONTRACTOR. norshail It aeateany obligation on the part
of OWNER or CONSULTANT to payor to see to payment of any subcontractor or other persoilor
0lJ3.nization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any
Subcontractor or other person or organization. to the extent Prctcticable, evidence of amountS paid to
the CONTRACTOR on account Cif specified Work done In accordance with the schedule values.
6.9 The dlvi$iCiI'!S a.J:Idsections of the Specifications and th,e identifications of any Drawings shan not control
the CONTRACTOR in dl.viding the Work among Subcontractors or delineating the Work performed by
any .s~c.ific trac!e.
6. 10 The CONTRActOR agrees to bind specifically every Subcontractor to the applicable terms and
condldonsofthe Contract Documents for the benefit of the OWNER.
6.11 An Wo.rkperformedfor the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreeJl1elltbetween the CONTRACTOR and the Subcontractor.
6.12 TheC:ONTRACTORshail be ~s~nsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12.1 The C;ONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditlonsalld other Contract Documents insofar as applicable to the Work of Subcontractors.
and give the CONTRACTOR the Same power as regards to .,mnatingany subcontracttbat the
OwNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 ll:ie CITY or CONSUL T ANT will not undertake to settle any clifferences between the
CONTRACTOR and their Subcontractors or i)etween Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR
ifand when directed by the CONSULTANT in writing.
6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of the
termsoft/:le subcontract. including the hiring and retention of employees for the performance of Work
. that Would discriminate against any person on the basis of race, color. creed, religion, national origin, sex,
age. sexual orientation. familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the ContlClctor.
Patent Fees and Royalties;
6. I 3 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subJect of patent rights or copyrights held by others. He
shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims. c:fam!Iges. losses and expenses (including attorney's
fees) arising outQf any infringement of such rights during or after the completion of the Work, and shall
defend all such claims in connection with any alleged infringement of such rights.
6. 14 The CONTRACTOR shall be responsible for determining the application of patent and/or royalty rights
as to any materials. appliances, articles or systems prior to bidding. However. he shall not be responsible
for such determination on systems which do not involve purchase by them of materials. appliances and
articles.
Permits;
6. I 5 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and Inspection fees necessary for the prosecution of the Work. which are
applicable at the time of his Bid When such charges are normally made by the CITY and when so stated
in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the
CONTRACTOR. when necessary. in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
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smeal power and U~
6.16 Bectrical p«?wt!r required during con~ction sh.all be provided by each prime CONTRACTOR as
required byito. This servi~e shaUbe 'in~tanedby a, quaJitleci electrical Contractor approved by the
CONSULT~T. UghtfngshaUbe provided by the CONTRACTOR ihaJl spaces atalltimes Whei'e
nec~ry f~rgood an4 proper wori<mans~ip. forlrispeciiollor for safety~No teinporary power·shall be
IJseclQffiemporary lighting lines without:specHlc approval of the CONTRACTOR.
Lawund Regulations;
6.17 The.CQI'ITRACTORshaU comply with all notices. laws, ordinanceS, rules and regulations appllableto
th~VVQ~k:if the CQN'l'AAcrbR. observes that thdpeclfiatlons or'DrawingsareahariancethereWith.
It sha.UgiY~theCQNSULTANTprompt-Writtennoticethe~f.and any n-~ changes shall be
aciju.ste~t>y an appropriate modification. If the CONTRACTOR perlQtTns any Work knoy,jl'lg.'it tQ, be
coritr.lr)'to· such laWs, ordinances, rules and ·reguhtdons.· and without such nOtice ~. tbe CQNSULTANT.
I,t shilJ.bear aJlcostsarislng there from; however. it shall n01: beltS primary responslbllitY,tO make~ln
that the Drawirlgsand Specifications are In accordance withslleh laYlS, ordinances. ruleS:and regulations.
DisqimlDatloD! . .
6.17A No ac:tion' shall be taken by the Contl'actorwlth regard to thefuliil~ofthe terms of the C~ntra~
including the hiring and retention of employees for thept!rformance ofWoi'k that wouldcliscrimlnate
agilfnStany person on the basis of race, color. creed. religion, national origin, sex. age, st!X~ oriernation,
farrillial status or disability.
~
6.18 Cost ohllapplicabiesaleS, cogsiJm~riJse. and otb:er taXes fi:,r whiCh ~eCONtRACTORis liable under
the Contract shall be included In the Contract Pri~~d ~y the CONTRACTOR.
Safe~ and PrOtection:
6.19 The,cONTRACTORsl)all be ~sp~:lDsibletQr fn!ti~ng; main~lnlngandsupen1slng all ~fe"Y precautions
and prqgra,ms in conn~~n with the Work. They shall takeallnec~precaU1:ions for the safety of.
an~ shall provide the necessarypr~on to pre~ ciamage;.lnjUI'Y,orlossto:
6.19.1 All employees and other persons; who may ~ affected ther.!by,
6.19.2 All th&V\iork ~dallmaterials orequlprraent to be Incorporated therein, Whether in stOrage on or
~ .. ~ ............... . 6.19.3 Other, property at the site or adjacent thereto. including trees, shrubs, lawns. walks; pav~ments,
f'oadways.stru~res and utilities not designated for removal. reloCatlon·or repia(:erilEmt In the
course of cOnstruction.
6.20 The CONTRACTOR shall designate a responsible merriber of theirorpnl2:ation at the ~ite whose duty
shall be the preventionofaccicKmts. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated In writing by the CONTRACTOR to the CITY.
Emerpncies;
6.21 In emergencies a~c::tingQ1e safety of persons or the Work or property at the site or adjacent thereto.
the CONTRACTOR, wlthQut spedal instructlonorauth()ri~on ft'omtheCONSULTANT or CITY. is
obligated to act, at his discretlc)Jl. to prevent thr~tened damage. Injury or loss. He shall give the
CONSULTANT prompt written notice of any slgnfflcanc,changes In the Work or deviations frOm the
Con~ct DQcuments Caused thereby. If the coNTRACTOR believeS that additional Work done by him
In an emergency which arose from causes beyond his control entitieshiin to an Increase in the Contract
Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles II and
12.
Shop Drawings and Samples;
6.n After checking and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review. in accordance with the accepted schedule of shop drawing submissions. six
(6) copies (or at the CONSULTANT option. one reprOducible copy) of all Shop Drawings. Which shall
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
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shall be compl_ with respect to dimenslons.deslan aiteria, materials of construction ..,d the like to
eM.b1e the CONSULTANT to review the Information without any unnecessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for review. with such promptness as to
cause no delay in Work. all samples required by the Cqntract Documents.
All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified
~early as to material. manufacturer. any perdneot catalog numbers and the use for which Intended.
6.24 At the time of each submission. the CONTRACTOR shallnodfy the CONSULTANT. in WIitiJ'i&. of any
deviations betwHn the Shop Drawlngs·or samples and the requi~ of the· Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop DraWings ~~ Samples. but his
review shall be otllyfor coriformance with the design concept of the Project and to ... compliance With the
information given in the Contract Documents. The review of a separate Item as sUdlWlIl not Indicate
revIe\Y of the assembly in Which the items functioos. The CONTRACTOR shall make any corrections
required by the CONSULTANT an~shall return ttle required number of corrected copies of Shop
DraWings and resllbmit neW samples Wldlthe re~ is ~sfactory to the CONSULTANT. The
CONTRACTOR shall. n()tIfy the (:ONSULTANT. In writing. of anypnor Shop DnlWlng or revisions to
Shop Drawlngs.~ areli'l.confli~ With each .SlibnUssi.on or re-submlssfon. The CONTRACTOR'S Stamp
ohpprovalon a!1yShop Drawings or sample shall COI1St1tute representation to the CITY and thi!
CONSULTANT '.tt. the.CONTRAcrrOR has ~aetermined and/or verified all quantities. dimension,
fieidconstr,Uctlofl ~ materials; c;atalog nu~ and similar dam or they assume 'full resPQl1sibdl1¥
fQr dOing so. aridtha,t they have reviewed or ~oordlnated each Shop Drawing or iampleWJth the
~quirements Qtd:le Work and t;heC01:ltract [)ocumems. .
6.26 NO'WQrk,..quiljng·a su.brnlttal of·aShop Drawing or sample shall be commenced until thesubmI$$ion has
*"i"'evlewed and.approve4 in writing by the CONSULTANT. A cOpy of each Shop DraWing arid·e.dt
appto.,.dsa.mple shllli ~ kept In good order. In a boQk or binder. in chronolOgiCal or.. or' in ~c:h.other
o~er required by the CONSULTANT in writing. by the CONTRACTOR at die site and shall be .vaflabJe
~ tI:Ie CONSULTANT. . . .. . .
6.27 TheCON,sULTANT's reView ofShop Drawings or samples shall not relieve the CONTRACTORtrom
his~ponslbility for any deviations from the requlremerits oithe Contract DQcuments unless the
CONTRACTOR ha$lnform~ the CONSULTANT. in wrItIns. to. _ch deviation attJ1e time of
submission and the CONSULTANT has given written approval to the spedfic d!!Viation.nor shall any
review by the CONSULTANT relieve the CONTRACTOR trom ~nSlbilityfOr errors or omissions in
the Shop Drawings or samples.
6.27 A The CONTRACTOR shall be liable to the OWNER for any additional cost or deJaythat is caused by its
fat1ure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
Cleanhig Up;
6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work. 8I1d before acceptance of final payment for the ProJect by the
OWNER. the CONTRACTOR shall remove all his surplus and discarded materials. excavated material
and rubbish as well as all other ~rial and equipmer¢ that does not form a part of the Work. from the
property. roadways. sidewalks, parking areas. lawn and all adjacent property. In addition. the
CONTRACTOR shall clean his portion of Work Involved In any building under this Contract. so that no
further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property.b9th
public and priva~ which has been disturbed or ciamaged during the prosecution of the Work so as to
leave the whole Work and Work Site in a neat and presentable conclition.
6.29 lithe CONTRACTOR does not clean the Work site. the CITY may clean the Work Site of the materials
referred to In paragraph 6.28 and charge the cost.to the CONTRACTOR.
Public Convenience and Safe!;)';
6.30 The CONTRACTOR shall. at all times, conduct the Work In such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work. in
a conspicuous position. at such locations as traffic demands. At any time that streets are reqUired to be
closed. the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South
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Miami Police Department, before the street is dosed and again as soon as It is opened. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions;
6.31 The CONTRACTOR shall provide on-site office. and necessary toUetfadlities;sec1uded from pu"lic
observation. for use of all perSonnel on the Work Site, whether or not in his employ. They shall be kept
in a-c_lean and sanitarY .conditlon and shall comply with therequl~and regulations of the Public .
Authorities having/limdlction. They shall commit no pUblic nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
IndemnjficatiOn:
6.32 Contractc>r shall comply with the indemnification requirements set forth in the RfP and in EXHIBIT 2 of
the·S,",pplementary Conditions (Insurance and indemnification reqUirementS).
6.33 In theev!!nt~t~y action or proceeding is brought agaln~t OWftllER or CONSULT ANT by reason of
any~uch cburn or: demand. CONTRACTOR. upon written notice fi'omCITY Shall defend such action or
Pr'oc:~clirlgbyc~l.Insel.satisfactory to CITY. The indemnifiClition provided abOve shall obligate
CONTR.A~T6~to defend at its own expense or to provide for suehdeferise.at CITY'S option. any and
all c:\aJ.m.s·gfll!tbilityand aU sul~ and actions of f!very name and desCrIption that inay be brought apinst
OWNER. or CoNSULTANT, excluding only those claims that allege that the Injuries arose out of the
sole:negilgenceofOWNER or CONSULTANT. .
6.34 Th~;9~ngar,i()nsof.theCONTRACTOR under paragraph 6.33 shall not extelld to the liabilltyoftfte
CON$ULTAI;IIT,itsagentS or employe~~sll:Jg out of(a)thepreparatlonorapprOVaI of roaps,drawings.
~pI!'Ii()J1~ repo~.slJJ'V!!YS. Change brd~t designs or specifications or (blthegiYingof or the faI1ureto
giv!!-,gir~o.",s. orinsthlctions by the CONSULTANT, Its agents oren,ployeesproVictechuch actor
0rnl~l()nis the:primary cause of injury or damage. ..
6.34A All ohhe f()r:goil'!g indemnification provisions shall survive the term of the Contract to Whichth~4!
Gen~raI t:ond!tfo.ns ar.e a part. Indemnification shall not exceed ·anlUTlCiliint equal to th:e total value of all
IllSurance COVet:'llge reqUired by Section S.lof this document. IndemnifiCation is limited to. cIarnages caused
in whole or in part by. any act, omission, or default of the Contractor, the Contractor'ssubconira~rs.
sub-subcol:ltra~n.. ·l'I'l3teriaimen, or agents of any tier or their teS~c::t1Ve employees to the .extent caused
by thenegJigence, recfdessness. or intentional wrongful misconduct oftbe indernnlfylngparty and persons
emplpyed or utilized by the indemnifying party in the performance of the constructiem contract.
Responsiblli1¥for Connection to Existing Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect Its Work to each part of the existing
Work. existihg building or structure or Work previously installed as required by the Drawings and
Specifications toprovlc:le a complete installation.
6.36 excavations. grading, fill. storm drainage, paving and any other construction or Installations in rights-of-
ways ·of streeisi highways, public carrier lines, utilltyliiles, either aerial, surface or subsurface; etc., shall be
done in accoi1hmee with requirements of the special conditions. The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work. CONTRACTOR .shall present to CONSULTANT certificates, in triplicate. from the proper
autborities. stating that the Work has betan done in accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities Involved in the above requirements.
6.36.2 The CONSU LT ANT shall be responSible fOr obtaining elevations of curbs and gutters. pavement,
Storm drainage structures,·and other items which muSt be established by governmental
departments as soon as grading operations are begun on the site and. in any case, sufficiently early
in the construction period to prevent any adverse effect on the Project.
Cooperation wjth Governmental pepattments. Public Utilities. Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as ''third parties'10wning or controlling roadways, railways, water. sewer, gas. electrical conduits,
telephone. and telegraph facilities such as pavements, tracks, piping. wires, cables, condUits, poles. guys,
etc., inc!udingincidental 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
Thomas F. Pepe
IVI0J20IS
Page 59 of 76
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention Is called to the fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving· poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed In the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use In or upon the Work, or In any Way affect the conduct of the Work. and no plea of
",i~Linderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
Use Premises:
6.38 CONTRACTOR shall confine its apparatus. storage of materials, and operations of its workmen to the
limits Indicated by law, ordinances. permits and directions of CONSULTANT and CITY. and shall not
unnecessarily encumber any part of the site or any ~ off site.
6.38, I CONTRACTOR shall not overioad or permit any part of any structure to be loaded with such
weigt1t.~.will endanger its safety, nor sh1d1 it subject any work to stresses or pressures that will
endanger it.
6.38.2 CQN"tRACTOR shall enforce the rul~and ~Iation promulgated by the CONSULTANT and
OWNER as well as their instructions with regard to signs. advertisements, fires and smoking.
6.38.3 CQNTRACTOR shall arrange and cooperate with CITY In routing and parking of automobiles of
its empioyees. subcontractors and other p'rsonnel. as wen as that oithe material ck!lIvery trucks
al'td other vehicles that c()meto the Project site.
6.38.4 The Ci!:y will designate specific areas on the site for storage. parking, etc. and the Job site shall be
fenced to protect the job site and the genf!l'al public:.
6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSU L T ANT. All such f.ldllties shall be furnished
in strict accordance with existing governing regulations. Reid offices shall Include telephone
f.lcilities.
Protection of Existing Proper!;)' Improvements:
6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks; pipes or utilities,
footings, or structures (Including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such Improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to. a condition equal to that existing at the time of
award of Contract.
ARTICLE 7 -WORK BY OTHERS.
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall· contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWNER. if it is performing the add'ltionaJ
Work Itself), reasonable opportunity for the introduction and storage of materials and equipment an~ the
execution of Work. and shall properly connect and coordinate Its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the OWNER. the CONTRACTOR shall promptly report to the CONSULTANT in
Writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting. fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting. excavating or otherwise altering their
Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the
other contractor whose work will be affected
Thomas F. Pepe
12I101l015
Page 60 of 76
7.4
7.5
7.6
7.7
7.8
7.10
If t.he penqrmance ofa~dltional Worle by other contractors or the OWNER is not noteciln the Contract
Oo~u~en~prlor to the execution of the Contract, written noticether4!OhhaU.~ given toche
CONTRACTOR prior to starting any such additional Work. If the CONtRActOR believes that the
Pl!rfQrrnance of such additional Worle by the OWNER or others will cause the CONTRACTOR
additional expens~ or entities him to an extension of the Contract Time, ~ may make a daimtherefQre
as provided)n ;~cles II and Ik
Where~cable, the CONTRAcTOR shall build around the workofother s4!p8l'atecontractorsor
s~lIeave ch~~. ~Iots;and h()l~as requlredtoreCeJveand to concealwfthfn tbegenerat construction
Work the worleof Such Qther separate contractOrs asc:tIr~ed by them. Where sUCh chases, slots,etc.,
arE!jmptacticabl~tha Work shatlreqUii"e specificaPfirOvalof the'CONSULTANt~
NecesSai")'chas~, slotS; andnoleS not bulh: or leftbytheCONTAAcTOR shall be cUt by the sepllf'ate
t;i)ritracti;jr requiiitjg such aJ~ratioi1s after apprOVat ohh~ CONTRACTQlLThe'CONTAA¢TOR shall
do a1lpatchliig and finishing oftl1eworle ·of other'COrltractDrs Where Iils cut by thern andsuCh'patc:hing
aildfinishing shall beattneexpenseof CONTRACTOR
Cooperation Is required in the use of site facilities and In the detailed execution of the Work. Each
contrac:torshall c:oordinate their operation WIth thoSe of the Other CoiltraCi'Oi's'fOr the best interest of
the:.work In order to: prevent delay In the exeCution thereof.
Each·ofseveral contractors wotkingon the PrOjea:SIte shall keepthemse1Vesinforitiecl ofthe:progress of
ttie·WorkofOthercontractol'S.Shciuld hick of progress or ctefeCtlveworklriarishlpon the part of other
eonttactOtS Interfere with the CONTRACTOR's operations, the CONTRACTOR shall nOtify the
CQNSULTANTlmfuediately and In writing. Lack of such notice to titeCONSULTANTshallbe
consttUedasaceepi3llce by the CONTRACTOR of the statUs of theWOri(of othei"c6rltractoJ'S asbelng
satis(aCtOfyforPrllpercoorcllna1:iC:lIi of CONTRACTOR's own Woi'k.
The'c:ost:ofexuay(orl( resultingfroin lackj:)fnodce. untirrielY nQtic:8if4Ih.ii"etOi'eSpond to notice,
D~fediveWorkor ladtof coordination shall bethe>GON1RACTORi , COSt. .
TIle CITY re$ei'Ve$ the right In th~ event the CONTRACTOR cannot FOYfde anltem(s) orser'vlce(s) In a
timely manner as requested. to obtain the good and/or services from other sources and deducting the
c:OStfrorri the C;:on~ Price without violating the ·Inteiltc:>f the Contract. .
ABTICLE8-CrrrSREspoNSIBlLlTIES.
8.1 The CiTY wllIl~ue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment of the CONSULTANT, the ciTY Wl11 ~pojot a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of them under the Contract Oocuments.
8.4 The CITY'S duties In respect .to providing lands and easementS are set forth in Piu'agraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possesSion of and use any completed or parti3lly completed
pardons of the WOrk. notWithstanding the fact thatthetime fOr completing the entire Work arany
portion thereof may hot have expired: but such taking possesSion and use shall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents.
ARTICLE 9 -CONSULTANTS' STATUS PURING CONmUCTION.
CIQ"s R@l!resenratiye;
9. I The CONSUL rANt shall. be the CiTY'S representative during the constrUctioJ:l period. The duties and
responslb1lit1es and the limitations of authority of the CONSULTANT as the cItY's representatiVe during
construction are set fOrth In Artie/es I throUih 16 of these General' Conditions and shall not be~ded
withoutwritten consent of the CITY and the CONSULTANT. .
9.1.1 The CONSULTANT's dedsion, in matters relating to aesthetics, shall be final, If within thetenns
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 the CITY and the CONSULTANT arising out of or relating to this
Contract or the breach thereof. shall be dedded in a court of competent jurisdiction within the
State of Florida.
Visits to Site;
Thomas F. Papa
1211012015
Page 61 of76
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine If the Work is
proceeding in accordance with the Contract Documents. His efforts shaD be directed toward providing
asSurance fOr the OWNER and all applicable regulatory agencies that construction Is in compliance with
the ConsttUction Documents and applicable laws. rules and regulations. On the basis of these on site-
observations as an experienced and qualified design professional. he shall keep the CITY informed ohhe
prQgress of the Work and shall guard the OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarjficationsand Ibterptetiltjons:
9.3 The CONSULTANT shall issue. with reasonable promptness, such written darlfications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary. which
shall be consistent with, or reasonably infe~ble from, the overall intent of the Con~ct DocullU!nts. If
the CONTRACTOR seeks an increase in the Contract Price or exteI1Sion of Contract Ti~bas~ on a
written darlfication andlor interpretation. it shall be required to submit a timely claim as provided In
Articles 1 land 12.
Measurement of OUantities:
9.4 Ali Work completed under the Contract shall be measured by the CONSULTANT according to the
United$ta_Standard Measures. All linear surface measurements .shallbe made horizontally or vertically
as required by the item measured.
Rcj ectinsDefe.g1ve Work:
9.S Th({CONSUlTANT shall have authority to disapprove or reject Work that is RDefec:tive Work!' as
defined inArtIde I. It shall also have authority to require special inspection ()I' testing of the Work
incluclJng Work (al)IiCat~ on or off site, Installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work. the cost of such inspections andlor testil'lgshall be
approved in writing by the CITY. All consequential cost of such inspections and testing, including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others,
the cost to move furniture and eqUipment andlor the cost to providea!ternative facilities until the. repair
work can be completed. shall paid by the CONTRACTOR If the Work is found to be Defective Work.
Shop Drawings. Change Orders and Payments:
9.6 In connection With the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.25 through 6.28. inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II. and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article 14.
Decisions .on pjsaueements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's ReiiPonsjbjlities:
9. I I The CONSULTANT will not be responSible for the construction means. methods. techniques, sequences
or procedures, or the safety precautions and programs Incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR. or any
Subcontractors, or any of their agent. servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 -CHANGES IN THE WORK.
10. I Without invalidating the Contract, the CITY may. at any time or from time to time. order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change
Orders. Upon receipt of a Change Order. the CONTRACTOR shall proceed with the Work
involved. All such Work shall be performed under the applicable conditions of the Contract
Documents. If any authorized written Change Order causes an Increase or decrease In the Contract
Price or an extension or shortening of the Contract Time. an equitable adjustment will be made as
provided in Article II or Article 12.· A written Change Order signed by the CITY and the
Thomas F. Pepe
1211011015
Page 62 of 76
10.2
10.3
lOA
10;5
CONTRACTOR indicates their lilgI"eementto the te~ ofth!! Change Ordi!r. All (;:hange Orders shaJJ
be' certified by the CONSULTANT as to the appropriateness andvaJ~of the change In the Work as well
as to any change In the time to complete the Work under the dr~~ Thafaih:'re to Indudea
time extension in the Change Order or In the reques~ for ac~np order .shallresult in a waiver of any
eXtension oftime due to the change In the work as reflected in theChilnge Orck!r.
The CONSULTANT rriayauth()ri%e minor changes or altera1:io.nsJ~.theWorknot Involving extra .cost
and not Inconsistent with the overaJi. intent of the ContraCt Docu~ without the need fOr a formal
written Change Order provided the CONTRACTOR does not requestlldditlonaJ tiil\e Or additional
compensation. These may be accomplished bya written Field Order. IftheCONTI\ACTQRl;Jeliev~
thatllnydiange or'alteration authorized by the CONSULTANT'sFi~d()rderwouiCl."tidesthe
CQNTRACTORto an increase In the ContraCt: Price or extension ofContractTirrte. ItmustsLibrriit a
Wri.nE!n nodceof intent to demand a Change Order within ~entY-fol:lr (24fho~rs :ofdte:I~¢eof the
Field Qi:'der and submfta written proposalror ChangeOfderWithinf~ur(4)ctays tI1~fwr. otherwise
theCONTIlACTOR shall be: deemed to have: waweclsuchc\a.ln'I.
AddJtionai Work performed by the CONTRACTOR With~ authorization.of a written c:h~pOrder
shaJJ not e:ntide: it to an Increase In the ContraCt Price or an extension of the Co.lltI'act Time, ~cept In
the case ohn emergency as provided in paragraph 6.22 arid except as provided In paragraph IO~
TheClTYwiJl ex~ute appropriate Change Orders prepared by the c:ONSULTN-rr co~ng chatlgesin
the Wotk, to be:perfom;edas provided In paragraph 4.4. and Work ~In an~rgency as'
pro.Videdin ~ph 6;22 and anyother claim of the CONTRACTOR for aChanPJnthe ¢o~ Time
or the. Con~~Price which is approved by the: CONSULTANT. ' ,
It is the CONTRACTOR'S respOnsibility to notify Its. Surety ohny chanpsaffe~ng1he:sellriScQpe of
the Workordl~nge in the C;onmct Price or ContractTimeandthe~t~'th. appUcab.le~c:ts$haIl
be adjusteda!:cordfngly. The CONTRACTOR shall furnish proof ohucharl adl~stmentto'the CITY
before commencernentofthe Change Order Work. The Work shall be stopped u~1 the
CC)NIRACTORprovides such proof ofadjuStinent in the Bond amount~ anysuChdeiayshaJl be
clwged tc) the CONTRACTOR. .
ARTICLE II ... CHANGE OF CONTRACT PRICE.
11.1 The CoritractPiice con~tes the total compensation payable to the CONTRACTOR ,for Performing
the Work. Ali duties. responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall beat its expense without changing the Contract Price.
11.2 The CITY may, at any tim!!, without written notice to the sureties, by wrltten order designated or
indicated to be a Change Order. make any change in the Work within the general s~ope of the Contract,
including but not limited to changes to or in:
11.2.1 Specifications (including drawings and designs);
11.2.2 Method or manner of performance of the Work.
11.2.3 CITY-furnished facilities. equipment, materials. services. or site; or
1124 Acceleration in the performance of the Work.
I 1.3 Except as provided in this section. or sections referred to· in this secti~)fl. no order, statemen; or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an eqUitable
adjustment unless and until the change in the Work is specifically and expressly provided ~I" In a written
Change Order. or as otherwise provided ill another section of the Contract Documents •.
1104 When a Change Order Is Issued by the CONSULTANT and signed by the CITY orlssu!!Ci by the CITY In
writing. the CONTRACTOR shall. perform the Work even If the CONTRACTOR do~notagree with
the. dollar amount of the Change Order. If any Change Order causes lin increase or decrease in the
CONTRACTOR'S cost of. or the time required for. the performance of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreemerit, an equitable
adjustment based on the cost of the Work shall be made and the Contract mOdified accordingly.
11.5 If the CONTRACTOR intends to assert a claim for an equitable adfuStmeJ'ltor contest the equitable
adjustment made by the CONSULTANT. it shall. within ten (10) calendar days after receipt ofa written
Change Order, submit to the CITY 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 shall be limited to
those listed In section 11.7 and 11.8.
11.6 No claim by the CONTRACTOR for an eqUitable adjusonent hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
Thomas F. Pepe
1211012015
Page 63 of76
11.7 The value of any Work covered by a Change Order or of any claim for an Increase or deCrease in the
Connct Price shall be determined in one of the following ways:
11.7.1 8y negotiated'lump sum.
II Xl On the basis of the reasonable cost and savings that results from the Chanp In the Work plus a
m",tua//y agreed upon M to the CONTRACTOR to cover overhead andproflt J:lot to exceed
IS%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable
costs, the' CONTRACT shall provide a list of all costs together with backUpck)cUmeritadoh
11.8 The term cost-of ~ Work means the sum of all direct ~ costs-necessarily Incurred and paid by the
CONTRACTOR In the proper performance of the Chanp Order. Except as otherwiSe may be aareed
to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade
County andshal, include only the follOwing items:
11.8.1 Payroll costs for employees In the direct employ of CONTRACTOR In the perfOrmance of the
Worlqlescribed in the Change Order under schedules of fob cIass~onsagi'eed upori by CITY
arid CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent em the Work. Payroll costs shall be limited to:
salaries-and wages. plus the costs offrlnge benefits·whlch shaJllnclude SOcla/·security
contributions. unemploYment. excise and payroll axes, workers' -compensation, ·health and
retirement benefits, sick leave, vacation and holiday pay applicablether~.Such employees shall
Indudesuperintendents and foremen at the site. The expenses of performing WOrk after regular
working hours. on Sunday ortega! holidays shall be Included In the above only Ihuthorized by
CllY and provided It was not in any way, whether In whole or In part~e -result·Of the·faUlt Of the
CONTRACTOR due to neglipnce of the CONTRACTdR or t.hOse aqinc by or-thrOugh hlm-or
due in wh01eor In part toOefed:iYe Work of the CONTRACTOR. -
11.8.2· Cost.ohllmaterials·and equipmwfUmished 8J:Id Incorporated In the Work, Indudlng costs of
trari~rtation and storage; and inuiwacturers' field services ~ired In conn~n
thereWith. The CONTRACTOR shall notify the CITY of all cash discounts thatcare available and
offer the CITY the opportUnity to deposit funds with the CONTRACTOR for the payment for
i~ms that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the
CQNT.8ActO~ falls to timely notify the CITY of the discouritsor if the OWNER deposits funds
with CONTRACTOR with which to make. payments In which cases the cash discountsshaJl
accrue to the OWNER. All trade discounts. rebates and refunds, and all retumsfrom sale of
surpl~s ~s and equipment shall accrue to OWNER,.and CONTRACTOR shall make
proviSions so that they may be obtained. .
11.83 Payments made by CONTRACTOR to the SUbcor:rtractors for Work performed by
Subcontractors. If required by CITY. CONTRACTOR Shall obtain competitive bids from
Subcontractqrs acceptable to him and shall deliver such bids toCrrY who will then determine,
With th~ a(lvi~e of the CONSULTANT. which Bids will be accepted. No subcontract shall be a
cost pluscontra:ct unless approved in writing by the CITY. If a Subcontract proVides that the
Subcontractor is to be paid on the ba$is of Cost of Work pillS a fee, the.cOStofthe Work shall be
. determined in accordance this section 11.8 and in such case the word "Subcontraj:tor" .shall be
substituted for the word "CONTRACTOR".
11.8.4 Rentals of all construction eqUipment and machinery. except hand tools. and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by CITY with the advice of CONSULTANT, and the costs of transportation. loading,
unloading, installation. dismantling and removal thereof -all in accordance with terms of said'
rental ~nts. The rental of any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
11.8.5 Sal~ use or simil!1l" taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate Item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams. long distance telephone calls. telephone service at the site.
expressage and similar petty cash items in connection with the Work.
11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the following:
Thomas F. Pepe
1211012015
Page 64 of 76
11.9.1 Payroll costs and other compensation of CONTRACTOR'SofIicers. executives. principals (of
parlnershipand sole proprietorships). general manag~rs; engineers, architects.. estimators; lawyers.
agents, expediters, timekeepers, clerks an~ other personnel emplQyed by CONTRACTOR
Whether,at the site or In its prlndpaloi"' a ~~j:h office foraen~ a~inl~donofthe Work
and nOt specificallY i",e1udedin the schedule referred t9 In S~ 11.5.
I U2 &penses:"of CONTRActOR'S pHn~pa1 and branchoffices~erthanits office at thesita.
11.9.3. Anypai't·ofCONTRACTOR·S~t*aleXpE!l1sesi ineludlngln.-est on CONTRACTOR'S capital
employed. for the Wo~ aM charg~apilist CONTRACTOR ~r dellnquentpaymen~
11.9;4.CO"st.df premiums fOr all bonds ~nd fOr alllniSurance ~lfcies whether or not CONTRACTOR Is
requiredbY' th. Contract Documents to pUrc:hase and maintain. the same (~pt as otherwise
pr.ovided 11'1 Subparagraph I 1.8.9). .
. \ \.9.5 CQ$tS. due to tile negligence ofCQNTRACTOR,:any SubcontraCtor, Qr anyone directly or
IndI~,e.l11ployed b)'any ofthem!)r for whqse:acts any 'of them .my ~ liable, incluclina but not
Jii'rii~~o~:the .correcd~nof defecl:ive·work;: disposal of~ or eqUipment wronjly supplied
a.ndmakirtFod any c!amage to pro.perty. .
11.9.6 ~ero~dor .general expense costs of any ldnd and the.costs of any item not specifically
.and,~ly Include.din Paragraph II.B.
11.10 The C()NfM¢,£ort'S ~e Which shallbe.·a1lowed toCONl'AACTOR for Its overhead and profit shall be
d.e:tel'mi.(i~.as ·f9110ws: .
J i.1().,1 .A~Iy:~ptaph[tfirm fixedprl.C8i or ifoone can be ~ upon.
n.IQ.2A~~ly'acceptable·fixed.~en .. (riotto exceed 15%).
I 1.11 Th.,a~!l!'!~of'cre4it·to.be allowed by CONTRACTOR to OWNER for any such chartge· which results In
a·net·deerease in costwm be the amount of the· actual net decrease!n costs· calculated In the same
ma.".n~~~p~Vi~ih ll~itWh~bothadclitions and· credits are· involved in any ~nechan .. the net
s~lbe com.puted to include ov~m.d a.nd. profit, identified separately, for boti1 additions:and credit,
pr.qiided.ho~r. the (:ONTAACTOR shall not be entitled to claim lOst profits for any Work not
~~~~ .
ARTltiLE 12 -DMEFOB COMPLETION. YOUIPATED DAMAGES. AND CHANGE·OFTHE CONYMt;T r,M" ..... . .. . . . .
12.1 Time isdlthe··esSencetothis contract and the date of beglnnina and ihetime for completion of the Work
are essei1ti8I: cOridftionsof the Contract. Therefore, th~ Work shallbecomm .. ced on the da:tespeclfied
in th_NQtice to .Proceed and compl~ within the time specified for completion ofthl! work.
12.2 Th; CONTRACTOR shall proceed WIth the Work at such rate of progress to ensure fUll completion
wfthlntt._ COritractTime. It is expressly understood and asreed. by and betWeen the CONTRACTOR
and thl!,.OWNERt1llat the Contract Tune for the cOmpletion of the Work described herein Is a
",orial;ledml!, Jaldng·lrito consideration the averap e1iina,tic and economic conctstionsand Other factOrs
pr~lirig~ln the ioeality olthe Work. No exteIi*lon of time shall be·granted due condltions·thatthe
ContrattQrkl1ew of Qr should have knoWn of before bidding ontha-project or due to indement weather,
ex~as provided In section 12.7.
12.3 If the CONTRActOR shaU fall to complete the Work within the Contract Time, Or extension of time
gran~bythe CITY. then the CONTRACTOR shall pay to the OWNER the amount of iiquldated
~eS:asspecified In the Contrad: Documents for eaeh calendar di»' after the scheduled date for
compledon as adJusted by written Change Orders that eXtended the completion date.
I ~3.1 theSe amounts are not penalties but are liqUidated darnaaes I.ncurred by the OWNER for its
inabDIty to" obtain full use of the Project. Uquidated damages. are hereby ~d and agreed upon
between the parties, recognJzing the Imposslbilltyofpred~1y ascertain.lna the .amount· of damages
that will be sustained as a consequence of such delay. and both parties desiring to obv@r.e any
question or diiSpute concerning the amount of said damages and the cost and effeCt of the failure
of CO NT RAt TOR to complete the Contract on time. The above-stated liquidated damages shall
apply separately to each phase of the Project for which a time for completion Is given.
12.3.2 CITY Is autborized to deduct the liquidated damages from monies due to CONTRACTOR fol'" the
Work under this Contract.
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension In the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
five (S) business days of the occurrence of the event giving rise to the daim and stating the general nature
of the claim Including supporting data. All claims fol'" adjustment In the Contract Time shall be evaluated
Thomas F. Pepe
1211012015
Page6S of76
and rec()mm.,ded by die CONSULTANT. with final approval by the CITY'S representative. Any change
in the Con~~ Time resulting from any such claim shall be Incorporated In a written Change Order.
12.S All tilM limits stated in the Contract Documents are of the essence of the Contract.
12.6 No ~m for c!elay shall be ~Iowed because of ~llure ~ furnish Drawinp before the expiration of
fo!Jrteen (14). caI~dar 4;lys after· demand has been made In writing to the CONSULTANT for such
Drav.ingi FUrthermore. there shall be no monetary cOlllpensation ~r such delay and the
(:ONTRACTOR's sole.~medy shall be an extension of time for theperfodof delay.
12.7 extensions to the Contract Time for delays caused by the ~ffe~ of inClement weather shall not be
~ted unl. the w-.ther was unusual for South Ronda and. could not have been anticipated. the
abnormal w~ther is documented by records from the national weather service and the. abnormal
weather is documented to have had a substantial affected on the constrUction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall nc»t have any claim for damages due to
delay unless the delay exceeds 6 months. whether individually or cumulatively. and then the clamaaes shall
be limited :toiocreased cost of materials that were u""ntfdpated and that would not have been incurred
but for the~Jay. ·Odter than as set forth above, the only r4!mecly tOr any delay shall be limited to an
~n,if:)n of time as provided for in Section 12.4 which s~1 be the sole and exduslve remedy for such
resulting delay. Other~n ~ set forth above, COI'IITRACTOR shall not be entitled to an increase in the
Co~tractPii!=e 9r payment or compensation of any kind from OWNER. for direct, indirect, conseqw.mtial.
il1jpa~ or o~er cosis. ~ses o.r da~. Induding but not IIm~ to, C9sts of acceleration or
ineffiCiency; ovi!rhead ~rJoSt profits. arislt'lg because of de Jay. dISruption, Interference or hindrance from
any cause Whatsoever, whether such de1ay. disrUption. interference or hindrance be reasonable or
unreasonable, ·foreseeable or unforeseeable. or avoidable or unavoidable.
12.9 The CONTRACTOR waives all CIlimsthat are not preSented to theaty in writing on or before the 21 st
ctayfollowirig,the date of the event upon which the daimls based.
12.10 DISpute Resolutiori:lf any dispute concerning a question of fact arises under the Contract, other than
terinlriatlon for default or convenience, the CONTRACTOR and the df¥ department responsible for the
admlnistl'atioriof the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be reSolved by agreement, then the department with the adVice of the City Attorney and the
CONSULTANT-shall nile on the disputed Issue and s~d a written copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE 13-GUARANTEE.
13.1 THe C.ONrAACTORshail guarantee and unconditionally warrant through either the manufacturer or the
CONTAACTOR directly. all materials and equipment furnished and Work performed for patent
Defective Work f9r a period of one (I) year from the date of final Acceptance as indicated In the
CONSULTANT letter of Recommendation of Acceptance, if issued. the Certificate of Occupancy, If
Issuecl, or the Certificate of Completion. If Issued by the City. whichever Is applicable and If more than
one Is applicable, the one that is issued last, for patent Defective Work,. The same guarantee and
unconditional warranty shall be extended for three (3) years from the date of Anal Acceptance as
indl~ In the CONSULTANT Letter of Recommendation of Acceptance. If issued •. the Certificate of
Occupancy. if Issued. or the Certificate of Completion, If Issued by the City. whichever is applicable and If
more than one is applicable, the one that is issued last, for latent Defective Work. The cliY will pe
notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail
to commence to correct such Defective Work within ten (10) calendar days after having received written
notice of the defect, or should the CONTRACTOR commence the corrective work. but fail to pros~
the corrective work continuously and diligently and in accordance with the Contract Documents.
applicable law. rules and regulations. the CITY may declare an event of default, terminate the Contract in
whole or In part and cause the Defective Work to be removed or corrected and to complete the Work
at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby
incurred. The Performance Bond shall remain in full force and effect through the guarantee period.
Il.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section 13.1, shall take precedence over Section Il.l.
Il.3 CONTRACTOR shall act as agent, on a limited basis for the OWNER, at the CITY'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.
Thomas F. Papa
121IG1l015
Page 66 of 76
13.4 In case of 4efault by the CONTRACTOR, the City of South Miami may procure the artides or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The CITY may withhold acceptance otor reject items which are found upon examination. not to meet
the specification requirements. Upon written notification of rejection. iten1s shall be removed within five
(S)bu~iness days by the CONTRACTOR at his own expense and redellvered at his expense. Rejected
goods left longer than thirty (30) calendar days shall be regarc!ed as abandoned and the City shall have the
right to'dispqseof them as its own property and the CONTRAcrORtherebywaivesany daimto the
good or to compensation of any kind. Rejection for Non-Confonning Work or failure to meet ~ivery
schectuies may result in the Contract being found in defauJt.
ARTIClE 14 • PAYMENTS AND COMPLETION.
Payments to Cgr)ttic:to[
14.1 theCoiltractor shall not be entitled to any rnoney for any work performed before the issuance of a
Noticeto Proceed on the form described In the Contraci DOcuments and the issuaneeby the Cityofa
"purchase order", or any other document, does not and shall not authorize the commencement of the
Work.. At'leastien (10) cilendar days before.each progress payment tails due (but not more often than
once:a,morith). the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
ouhhdslgned by the CONTRACTOR covering the Work performed during the period covered by the
partial:payinent E!stirnate and supported by such data as the CONSULTANT may reasonably require. All
ptoj'e$S :paymerftapplicatlons after the first prOgreSS payment shall be ~conipai'iied by partial releases of
lieOexet1JtIKIby all persons. fil1i'1S and corporations who have fumlshedJabOr. servl~ or ma~s
"lcorpOratEid lii~ the work during the period of time for which the previOUS progress pay,nentwas made.
rtdeaSlngJuQ) daims and lien rights, ihny, of those persons. Ifpaynjent Is requested on the basis of
tna~~is ind eql.ilprilentn6~ incorpor'a~ in the Work but deJIveredand suitably Stored at or l:lear site.
thePlifdai paymelit e$timate .sliallalso beaccolTipanl~ by such liUpporting.ta. SatfsfactQrytothe CITY,
whl¢hest2bl/Stles the OWNER'S title to the material' and equipment as well as cei'tificates of Insurance
providingc9veragefot IQO% of th~ value of said tnaterialand ,eqillpn.1e~ covering the ma,terial anr,l
equipment fi-om all ca5ua.lties ~ well as theft, vandallsmj fire andfloocl. The CONTRActORs~1 replace
at its· expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (10) calendar days after receipt ofeach partial payment estimate, either
certifYIng In writing Its approval of payment and present the partial payment estimate to the OWNER. or
~turnth.partialpayment estimate to the CONTRACTOR. indi~ng .in writing his reasons for refusing
to approve payment. In the latter case. the CONTRACTOR may make the necessary corrections and
res~bmit the partial payment estimate. The OWNER, wili within thirty (30) calendar days of presentation
to It of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis
6f f.he ~proved partial payment estimate. The OWNER shall retain ten (10%) percent of the amount of
each .payment until Rnal Completion and Acceptance of all Work coVered by the Coritract DoCuments.
Any interest earned on the tetainage shall accrue to the benefit of the OWNER.
14.2 The CONTRACTOR. before it shall receive final payment, shall deliver to the CITY a Contractor's Rnal
Payment Affidavit as set forth in the Rorida Construction Uen Statute as well as final releases of lien
eXecuted by all persons who have performed or furnished labor. services or materials, directly or
Inc:litectly. which Was incorporated into the Work. If any person refuses to provide such a release or
ptovlde$ 'a conditional release. the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR and such person.
Contractor's WamD1,y of TItle
14.3 The CONTRACTOR warrants and guarantees that tide to all Work. materials and equipment covered by
an Application for Payment whether the Work, material or equipment is incorporated in the Project or
not, shall have passed to the OWNER prior to the making of the Application for Payment, free and dear
of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to
as "Uens;; and that no Work. materials or equipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Thomas F. Pepe
IlilOIlOIS
Page 67 of 76
Approval of Payment
14.4 The CONSULT ANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to ~e CITY, based on the CONSULTANT's on site obServations of the Work In
progress as ~ 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 substantialcompletioil as
defin~ in Article I, to the results of any subsequent tests called for in the Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amc:lul1t
approved. However, by approving. ;my such payment the CONSULTANT shall not thereby be deemed
to have represented that he made eXhaustive or continuous on-site observations to check the quality or
the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and
procedures of cO,~ction or that he had made any examination to ascer:tain how or for what purpose
the CONTRACTOR ,has used the moneys paid or to be paid to him on account of the Contract Price, or
that tide t9 any Work. materials, or equipment has passed to the OWNER ~and'dear ofanylieris.
14.5 The CONTRACTOR shall make the following certification on each request for payment
"I hereby certify that the labor and materials listed on this request for payment have been used in the
cOns~ction of thi,s Work and that all materials Included In this requ!!St for payment and not yet
incorporated into the ~onstruction are now on the site or stored at an approved I,ocation. and payment
i"ec~iVed frolll the last request for payment has been used to. make paymentS to all his Subcontractors
and supplie~ except for the amounts listed below beside the na~of the~ons who performed work
or supplied materi~s".
In the event that tIl~ CONTRACTOR withholds payment from a SUbcontractor or Supplier, the same
amount of moneY s~lIbe withheld from the CONTRACTOR's ~yment until ~e issue is resolved by
written agreement between them and then a joint chec:k shall be made payable to the person In que$tlon
and the CONTRACTOR in accordance with the settlement agreement. otherwise the money shall be
held by the OWNER. until a judgment is entered in favor of the CONTRACTOR or the person, In which
caSe the money shall be paid according with said judgment. Nothing contained herein shall Indicate an
intent to benefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion. it Is
unable to make such representations to the OWNER as required this Section 14. It may also refuse to
approve any pa)'n'1f!nt, or it may void any prior payment application certification because of subsequently
discovered eviclence or the results of subsequent inspection or tests to such extent as may be necessary
in Its opinion to protect the OWNER &011'1 loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement,
14;6.2 the Work for which payment is requested cannot be verified,
14.6.3 claims of Uens have been filed or received. or there is reasonable evidence indicating the probable
filing or receipt thereof.
14.6.4 the Contract Price has been reduced because of modifications,
14.65 the CITY has correct Defective Work or completed the Work In accordance with Artide J 3.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30.
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liqUidated damages payable by the CONTRACTOR., or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance the OWNER., with the approval of the CONSULTANT, may use any completed
or substantially completed portions of the Work provided such use does not interfere with the
CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions
of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This proVision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the Work. or the restoration of any damaged Work except
such as may be caused by agents or employees of the OWNER..
Thomas F. Pepe
1211012015
Page 68 of 76
14.9 Upon compl~onand acceptance of the Work the CONSUL TANTshail issue a Certificate a~chedto
the Final Application for Payment that the Work haS been accepted by it under the conditions of the
Contract Docu~ts, The entire balance found to be due the CONTRACTOR, including the retained
pel"li:~tages, but except such sums as may be lawfully retained by the owNER. shall be paid to the
CONTRACTOR ~thln thirty (30rcalendar days of completion and acCeptance of the WC!rk.
14.10 Upon Thl!!awardeciCONTRACtOR will be strongly enc6uragedtote~as an ePay.ibI~ Vendor with
theOwn~. the 'Bank of Americ:aePa,yablesSolution lsan autotnatedC::8J"d ~t ptC!cesS tlj;¢shifts
accountS payable disbUrSements to corporatepur'chaslng cards. ePaya!)Ies, streatnIine~e pro~s of
making payments to youi-QrgariiDtloQ going forwarcl, the City will proVide the G0N'rRACTORwith a
creditWd account number to keep on fil~ This Card has unique security fea~With $0 ofawilabte
·funds ·until a~ invoice Is'approved 'for payment. After an inVoice has, received pI"Oper~d complete'
approval, an ,electrOnic reinittanceadvice Will be sem: Via e.,.mail, or fax, WhiCh notifieS the
CONTRACTOR that the funds have been transferred into the accountlilikedtothecai-d ·for the amount
listed on the involceand/orremlaanceerriail. Please refer to the ePayabies QUeStions'&: AnSwefsFOnn
contained in this RFP or contactth'e OWNER's Rriance department at (30S)' 663.,6343 with· any questions.
Acceptance of Bnal paytnentas Release
14.1 I TheAc:cepta.nc~ by the CONTRACTOR ofFlnal Payment shall be and shall operate as a release 'to me
OWNER and a waiver of all claims and all liability to the CONTRACTORothefthan claims previoUSly
filedanduriresotved. The Waiver shall inc/ode all thifl&S done offurriisheC:f:lri connection With the Work
and fOr every·ac.t and .nepct.ofthe OWNER ancIotliers relating to or arising QUt.,fthls Worle. Any
payment, however;finalor otherwise, shall not relea:sethe CONTRACTQjl. oritssuretiesf'rOm'any
obiigations urider the Contract Documents Cit the PerfoiTnanceBondandP.aYr!lent~nds.
I 4.12 Th~CONSULTANt mayvCild:anyeei'tiflcatlon' of$ubstantial CornpJetiolior RnalCoi'i\pletfon of the
Wofkils'maY'be necessary Iii ·hls oph,lon to protect the OWNER t'romlOsSifhedeterinilies,beCa:useCif
subS.qilendy dis~ovtaredeVidence()r the results· ofs!,ibsequent it:lSp'eCtion or tests. .that
'4.121 the Work is defectiVe, or that the completed Work has been datnaged'duetO the fault of the
CONTRActOR or any Individual Or entity operating under orthroUJh. 11: requiring correCtion
or replacement to the extent that the prdject is no longer SubstantiillyCornpleted,or iothe
~ o(Final Completion certification. is no' loilger FiilailyCompeted.
14.12.2 the Work neciassary to be completed for the purpose of c:ertifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or liens have been flied or received. or there Is reasonable evidence indicating· the
probable filing or recelptthereofth~if valid and paid, would reduce the amount owing to the
tON~CTOR BY 20% In the case of Substantial, Completion lind 5" In the case of Final
Completion.
14.1204 there is Defective Work the value of which. if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% In the case of Substantial COmpl~on and 5%
in the case of Final Completion.
14.13 If the CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certiflcation")by
the CONSULTANT, the CONTRACTOR shall repay to the City of South Miami any money paid as a
result of said Initial Certification being issued which shall be paid only when the decertified work is re-
certified.
ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION.
15.1 The CITY may. at any time and without cause, suspend the Work or any portion thereof for a period of
not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the
C.ONSUl T ANT, which shall fix the date on which Work shall be resumed. ThE! CO",TRACTOR shall be
allowed an Increase in the Contract PrIce or an extension of the Contract Time, or both. directly
attributable to any suspension and if a claim is timely made and if it Is allowed under the terms of Articles
I J or Article 12.
Ch;y May Terminate
J 5.2 If the CONTRACTOR is adjudged bankrupt or insolvent. or if he makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its
property. or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy
or similar laws. or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
Thomas F. Pepe
1211012015
Page 69 of76
· equipment; or if he repeatedly falls 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
jurisdicdon, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any
pr6'1islonof,the Contract Documents, then the CITY may, WIthout prejudice to any otherrlgbto.r
remedy and after giving the CONTRACTOR and the SUre1¥ seven (7) calendar daysWritten·noti~
terminate the services of the CONTRACTOR and take possession ortha PrOJect and of all materiaJs,
equipment, tools, conStrucdon equipment and machinery thereon owned by the CONTRACTOR, and
fiiilshthe Work by whatever method it may deem expedient. In such case die CONTRACTOR shall not
be entitled to receive any further payment until the Work Is finished. If the unpaid balance of the
Connet Plice exceeds the direct and Indirect costs of completing the Project, induding compensation
for lldditlonal professional services, such excess shall be paid to the CONTRACTOR. If·such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
dlfferen.ce t()theOWNER. Such costs incurred by the OWNER shall bedeterinJned by the
CONSULTANT and incorporated Ina Change Order.
If after termination of the CONTRACTOR under this Sealon, It Isdetetrnlned by it court of competent
jl,lrlsc!icdonfor any reason that the CONTRACTOR was not in default, the rights and obligati6ns of the
OWNER mel the CONTRACTOR shall be the same as if the termination had been Issued pursuant to
Section 15.5
15.3 Where the CONTAA,CTOR'$services have. been so terminated bytheCITY~d termination shall ndt
~ ~y:ri~ of~eOWNER against the CONTRACTOR then existing or which may th~
a¢crue. A,ly ... ntk;m .orpayrilent of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from. liability.
15.4 Up,:m seven (7) calendar days' written notice to the CONTRACTOR and the CONSULT ANT, the CITY
mllY, Wid'l09t¢aU$e and without pn!judlceto any other right or remedy. elect to terminate the Contract
for the cpnvenlence of the OWNER. In such case, the CONTRACTOR shall be paid for all Work
executed and accepted by the CITY as of the date of the termination, mlnus·any deductionfor·darnageor
Defecdve Work. No payment shall be made for profit for Work which has not been performed
IS.4A The CITY reserves the right in the event the CONTRACTOR cannot providean~s)or seriice(s) .ina
timely manner as requested, to obtain the good andlor services from other sources·anddeducdngth.
costfroin the Connet PrIce Without violating the intent of the Contract.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR. if notified to do so by the CITY, shall promptly remove any part or all of Its equipment
and supplies from the property of the OWNER. ShoLildthe CONTRACTOR not remove such
equipment and supplies. the CITY shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
to such eqUipment or supplies. Equipment and supplies shall not be construed to include such Iteins for
which the CONTRACTOR has been paid in whole or In part.
Contractpr May Stgp Work or Terminate
15.6 If, throl,lgh no act or fault of the CONTRACTOR, the Work Is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority. or under an o~r of court
or the CONSULTANT falls to act on any Application for Payment within thirty (30) caleodar da~ after It
is submitted. or the OWNER fails to pay the CONTRACTOR any sum approv~by the CONSULTANT,
within thirty (30) calendar days of its 4lppt'"oval, and presentation, then the CONTRAc;TOR may, upon
twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the
Contract. The CITY may remedy the delay or neglect Within the twenty (20) calendar day time fraine. If
timely remedied by the CITY. the Connet shall not be considered terminated. In lieu of terminating the
Connet, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due.
Indemnification of Independent Consultant.
Thomas F. Pepe
1211012015
Page 70 of76
15.7 The CONTRACTOR and the CITY hereby ad<nowledps that If the CONSULTANT isan indepen~t
coniraceorof the OWNER, the CONSULTANT may be relJ,lc:tant to rule on any disputes concerning the
Contract Documents or on the performance of t;he CONTRACTOR 9r the OWNER pursuant to the
terms of the Contract DocumelJts. Therefore, the OWNER,attheCONSUI.TANT's requ~ agrees to
provide the CONSULTANT Wittl. a written indemnification and. hold harmless agreement to Indemnify
and hold the CONSULTANT harmless as to any decision In this regard before the CQNSUltANT makes
ao fnterpmation, de-certifies a ~yment application, decertifies $1,Ibstantia1 Completion. decertifies Anal
COr:l)ple,tion. certifies an event of default, or ;ipproves any action whi~ requires the approval of the
CQNSULT ANT,
ARTICLE 16-MISCELLANEOUS.
16.1 V'lhen'ev.r ariy'provlsion of the· Contract Documents requires the giving of written notice it shall be
deemed to have ~eriYalldly given if delivered in person to the iltdivlduaJor to a member of th~ firm C)r
to an officer of the corporation for whom it is intended, or if delivered at c>rsent by regl~recI or
certified mail. postage prepaid, to the last knoWn business address.
16.2 The ~<;Intrad: Documents shall remain the property of the OWNER. The CONTRACTOR and the
CON~ULT ANT shall ha~ethe right to keep one reCord set of the Co~ Documents UPOI:I compl~on
of the Project.
16;3 The duties and obligations Imposj!,d by these General Conditions. Special Conditions and Supplementary
Cql:'ldlti(:ms, ifany, and the rights anti remedies avaJlablehereunder. and, inpartieuJar but Without
Iirriltat{C)n,thl!wa~es, glJarantees and obligations Imposed upon CONTRActOR by theCcmtract
Do~m~~ and·th_e rights and r~medlesavailable to the OWNER and CONSULTANT thereunder. shall
~fn llddidonto.and shall not beconstrueclinany way asa limitation of, any rights and remedies available
by law, by spedalguarantee or by,other provisions of the Contract Documents.
16.4 ShouicltheOVVNER or theCONTRACTOihutrer Injury 01' damage to Its person or property because of
anyerror, omission, or act of the other or ohny of their employees or agents 0'1" others fOr whOse acts
they are legally liable, claim shall be made In writing to the other party Within twenty-one (21) calendar
daJ$ of the first Qbservance of such injury or damage.
ARTICLE,' 7'. WAIVER OF JURY TRIAL
17.1 OWNERlli1d CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federa,l Court proceedingS in respect to any action, proceeding.
lawsuit or counterclaim arising out ofthe Contract DocumentS or the' perfonnance of the Work
thereunder.
ARTICLE 18 • ATIQRNEYS FEES JURISDICTION I VENUE (GOVERNING LAW,
1 S.I The Contract shall be construed in accordance with and governed by the law oftbe State of Florida.
IS.2 The parties submit to the jurisdlction of any court of competent jurisdiction in Rorida regarding any claim
or action arising 'out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami-Dade County, florida.
IS.3 Except as may.be otherwise provided In the Contract Documents, all claims. counterclaims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof, shall be decided in a cou~ of competent jurisdiction within the State
of Aorida.
ARTICLE 19 • PROJECT RECORDS.
19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the
books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any
claim fol' additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and
make available to CITY all such books and records and accounts. financial or otherwise, which relate to
theProjea and to any claim for a period of three (3) years following final completion of the
Project. During the Project and the three (3) year period following final completion of the Project,
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice.
Thomas F. Pepe
1211012015
Page 71 of76
19.2 CONTRAc;TOR and all of its subcontractors are required to comply with the public records law
(s.119.070 I) while providing services on behalf of the OWNER and the CONTRACTOR. under such
conditions. shall Incorporate this paragraph in all of its subcontraCts for this Project. CONTRACTOR
and its subcontractors are specifically required to: (a) Keep and maintain public records required by the
public agency to perform the service; (b) Upon request from the public agency's custodian of public
records •. prOvide the public agency with a copy of the requested records or allow the records to be
Inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this
cha~ or as otherwISe provided bylaw; (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 ~uration of the contract term and foilowing completion of the contract if the contractor dOes not
transfer the records to the public agency; and (d) Upon completion of the contraCt, tri1I\sfer; at no COSt,
to the public agency all public records In possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate publiC records
that are ex~mpt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and rnaintains public records upon completion of the contract, the contractor shall meet
all·applic:ab!e 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
CONTMCTOR'SDUTY·TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OFPlJBLiC RECORDS
AT 305;;;663.06340; E-mail: mmenendez@southmiamifl.gov; 6130 S-.anset
Drive, South Miami, FL 33143.
19.3 If CONTRACTOR or Its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
provision shall be liable to OWNER for its costs of enforcing this provision. Including attorney fees
incurred in all proceedings. whether administrative or civil court and in all appellate proceedings.
ARTICLE 20 -SEVERABIUIY.
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent,
be held invalid or unenforceable. the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held Invalid or unenforceable shall
not be affected thereby, and shall continue in fuJI force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 21 -INDEPENDENT CQNT8ACTO&
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR. and not as officers. employees, or agents of the OWNER. Personnel policies. taX
responsibilities. social security and health Insurance, employee benefits, purchasing policies and other
similar administrative procedures. applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
ARTICLE 12 -ASSIGNMENT.
22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
arising under the terms, conditions and provisions of this Contract without prior written consent of the
City Manager. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the
CONTRACTOR's rights. The CITY may. In its sole and absolute discretion. refuse to allow the
CONTRACTOR to asSign its duties, obligations and responsibilities. In any event, the CITY shall not
consent to such assignment unless CONTRACTOR remains joindy and severally liable for any breach of
the Agreement by the assignee. the assignee meets all of the CITY's reqUirements to the CITY's sole
sadsfaction and the assignee executes all of the Contract Documents that were required to be executed
by the CONTRACTOR
Thomas F. Pepe
1211012015
Page 72 of76
IN WITNESS WHEREOF. the parties hereto ~ve executed the.(ieneraJ Conditions to acknowledge
their inclusion as part of the Contlilct Doeuinents on this ..1Lday of ~ eC emb € r . 20.16..,
Read and Approved as to Form; Language,
Legality. and Exeeution Thereof. .
Signature:
Thomas F. Pepe
12IIOIlOIS
~d#=
City Attorney
\3 \\ e ) P.
OwNER: .. ·01= SOUTH MIAMI..-z. ~~
~~~=-
Page 73 of 76
EXHIBIT 7
Supplementary Conditions
Perimeter Fence Project at Dante Fascell Park
RFP #PRlO 16.:.26
A Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's
designated representative as identified in the Supplementary Conditions. The CONSU L T ANT's, if any,
and the City's Designated Representative's name. address, telephone number and facsimile number are as
follows:
Consultant: N1A
B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting a.J1other "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished .MiA sets of Contract
Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a
cost to the CONTRACTOR equal to the reproduction cost.
D. The Scope of Services. also referred to as the Work in the coritract documents, is as set forth In the RFP
and in the attached EXHIBIT I to the RFP and if there is a ccmflict the attached Exhibit shall take
Precedence.
E. Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and
in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached
exhibit shall take precedence.
F. The Work shall be completed in 60 working daYS unless a shorter time is set forth in the Contract and
in such event the Contract shall take precedent notWIthstanding any provision in the General Conditions
to the Contract that may be to the contrary.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as part of the Contract on this .J:L day of [1 e Cf ro \.) E'r • 20 ~
p
Signature: ~. i
Print Signatory' Name: Or\u (\c)c, Fe rt\(",de A
Title of Signatory: -lP.....J,..r.l..e...l5:.lJ\cl.iJle~!\~~ ______ _
A~ s~.tu.~~.
City Clerk /'
Read and Approved as to Form, Language,
Legality. and execution Thereof.
~~~ Signature: ~ ...-"?-? ~~
City Attorney
OWNERo CITY~~,-~ __
Slgna~-:::_~:...-________ _
~Steven Alexander
City Manager
Page 74 of 76
Thomas F. Pepe
1211012015
1111· CITY 1)1 PI.I<\$ANT IIVIN(,
ADDENDUM No. #1
Project Name: Perimeter Fencing Project at Dante Fascell
RFPNO. PR20 I 6-26
Date: December 6, 2016
Sent Fax/E-mail/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents not
modified herein shall remain in full force and effect as originally set forth. It shall be the sole
responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.
QUESTION # I:
Is there a current survey available~ If not, is probably required by permitting, who pays for
it?
RESPONSE:
A "Boundary Survey" for Dante Fascell Park is attached to Addendum No. I.
QUESTION #2:
Is there a complete plans and engineering of footers etc, available? Or must be provided by
contractor for permitting.
RESPONSE:
The contractor must provide the complete and engineering plans for permitting.
QUESTION #3:
Is the cost of building permit waived?
RESPONSE:
Refer to Exhibit I, "Scope of Services," II. General Requirements:
Page I of2
Permit fees are waived for permits required to be issued by the City of South Miami. Permit
fees from other government entities, if required, shall be the responsibility of the
Respondent/Contractor however. in all cases; it is the responsibility of Respondents/Contractors
to secure any and all permits that may be required for this project
QUESTION #4:
How far space the pilasters.
RESPONSE:
The space for the pilasters is S' ft. in width.
QUESTION #5:
Surface finish desired on pilasters
RESPONSE:
The surface finish for the pilasters is "Flat Cap."
QUESTION #6:
Is performance bond required?
RESPONSE:
No. a performance is not required for this project.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 20f2
ADDENDUM No. #2
Project Name: Perimeter Fencing Project at Dante Fascell
RFP NO. PR20 I 6-26
Date: December IS, 2016
Sent: FaxlE-maii/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
The following revision clarifies when the City Clerk's office is open for hand
delivery of proposals to page I of the RFP and shall be effective immediately
Sealed Proposals must be received by Office of the City Clerk, either by mai1 or hand delivery,
no later than 10:00 A.M. local time on December 28, 2016. Hand delivery must be
made Monday through Friday from 8 AM to 5 PM to the office of City Clerk.
!: ~)yt; .
I~ALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page t of t
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ADDENDUM No. #3
Project Name: Perimeter Fencing Project at Dante Fascell
RFP NO. PR2016-26
Date: December 20, 2016
Sent: FaxiE-maillwebpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
QUESTION #1:
We are very interested participating in BID: RFB # PR2016-26. Therefore, please could they
give me an estimated budget for this project.
RESPONSE:
The City's Adopted Budget for Fiscal Year 2017 includes a line item in the amount of $75,000
for this project in the Capital Improvement Project budget.
QUESTION #2:
We would like to clarify if the RFP requires a Performance and Payment Bond.
RESPONSE:
No, a Performance and Payment Bond is not required for the project.
QUESTION #3:
In the options #2 and #3 there is a CBS Pilaster. What is the distance between Pilasters?
Page 1 of2
RESPONSE:
Please refer to Addendum No.1 which is posted on the City's website and Demand Star
QUESTION #4:
What are the dimensions of each CBS Pilaster (height & section)l
RESPONSE:
The height of each CBS Pilasters are 6' above ground (height) by 2' width and 2' depth.
QUESTION #5:
What is the finish of the pilasters (stucco, paint, brick)?
RESPONSE:
The finish of the pilasters shall be paint; color selection will be provided by the City to
awarded respondent.
QUESTION #6:
Are there any gates that we need to provide and install~
RESPONSE:
Yes, a total of two (2) gates shall be provided by the awarded respondent. One (I) permanent
or fixed pedestrian access point on the southeast midpoint, parallel to SW S~ Ave. One (I)
gate, wide enough for service vehicles to enter/exit park, on the west midpoint of park along
SW sir" Ave.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 2 of2
~-Orlando Fernandez
nos sw 117 ct • L\.flami, FI, 33184 • (786) 258-3719 • Fern8620@bellsouth.net
Objective ____________________________________________________________________ _
Project Manger COllstmetioll Project mal1agement JlJith strollg field fllallagellJetlt afld cost flJallagellJClIt
e.yperience (lIld the ability to IIlallage SlIbcolltractors and eq1(iplllClZt Ivitb the aSSllrmue of a safe alzd ql(olity-
oriellted job Jile ..
Profile
Motivated, personable construction professional and a successful 5-yeac track record of profitable small
business ownership. Liscensed in various fields in construction such as: Genera~ Building, and Roofing liscences.
Construction history of 14 years with a wide range of knowledge in any aspect that deals with it.
S~llsSummary--------------------------------------------------------------
• Project Management • Planning & Scheduling • Trade Coordination
• Crew Leadership • Vendor Relations • Repair and Maintenance
• Quality Control • OSH-A Safety • BluePrint reading analysis
• Building Codes & Permits • Material Management • Corrununication Skills Professional Experience __________________________________________________________ ___
PROJECTS CONSTRUCTED IN WATERMAN DEVELOPMENT GROUP CORP
• Escaliber Homes, 400 w 69 st, Hialeah, FI, 33014
• Colonial Townhomes , 500 w 68 st., Hialeah, FI,33014
• Conquistador Villas, 5800 w 18 lane, Hialeah, Fl,33014
PROJECTS CONSTRUCTED IN BETA, DRYWALL
• Vineyard at [\·[oncarch Lake, Miramar, Broward County (Lcnnar Homes)
• Lake by the Bay, Old Cutler, Miami (Lennar Homes)
PROJECTS CONSTRUCTED IN WCI COMMUNITY CORP.
• Heron Cove, ParkJand, Broward County
• Vista, Highland, Parkland, Broward County
• Bay Cove, Parkland, Broward County
• Colony and Edgewood, Parkland, Broward County
PROJECTS CONSTRUCTED IN CUNA.~O BUILDERS CORP
• Shopping Center & Car wash, 17560 Nw 27 ave" Miami Gardens, PI
• Single home, 945 euclid 'ave., Miami Beach, Fl
• Single home, 6100 Nw 183 terr., MiamI, FI
• Single home, 8500 Pine drive, Coral Gables, FI
• Stancia Suite Motel 1200 Nw 72 ave. Miami, Fl
• Renacer home health care office, 14750 Nw 77 ct., Miami Lake, Fl
Employment History _________________________________________________ _
WATER.lY.L'\...N DEVELOPMENT GROUP CORP. -4235 west 16 ave,Hialea.h,Fl,33012
Foreman, 1995 to '1998
BETA DRYWr'\LL, INC.-Lyons Road Suite loW, Coconut Creek, F~ 33073
Project Manger, 1998 to 2002
WCI-11575 Heron Bay Blvd., Coral Springs, F~ 33076
Field Superintendent, 2002-2004
CUNANO BUILDERS CORP.-llOS sw 117 ct., Miarru, Fl, 33184
President, 2004-Presem
....--Orlando Fernandez
Resume, Page:! 2 A vailaLle for Rdocation
Education __________________________________________________________________ ___
Miami Dade College-Hialeah,Fl
Engineering Related Technology, 2000
Higher Pedagogical Institute for Technical & Professional Education-Habana, Cuba
Licentiate in Machinery Construction (Bachelor's in General Studies), 1993
Certifications
Stole Cettijied Gmera! COlltractor
Slate Certified Building COlltraclor
S latc Certified Roofillg COll/rarl.o,.
105 \V 117 c • Miami Fl 33184. f786 258-3719. Fem8620ra>.bellsouth.net
1/312017 Detail by Entity Name
~r,r~I'J, rj
fir ~/':-Jr 'J~'I'r(,1 _/ .J" _~ .J __ ~ _ _ _ /_
Depaument of Slate 1 Division of Corporations 1 Search Records I Detail By Document Number I
Detail by Entity Name
Florida Profit Corporation
CUNANO BUILDERS CORPORATION
Filing Information
Document Number
FEUEIN Number
Date Flied
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Address
16259 SW 81 ST STREET
MIAMI, FL 33193
Changed: 02117/2011
Mailing Address
16259 SW 81 ST STREET
MIAMI, FL 33193
Changed: 02/17/2011
P0400000870B
20-0600598
01109/2004
Fl
ACTIVE
AMENDMENT
10/04/2005
NONE
Registered Agent Name & Address
FERNANDEZ,ORLANDO
16259 SW 81ST STREET
MIAMI, FL 33193
Address Changed: 02/17/2011
OfficerlDirector Detail
Name & Address
Title PTD
FERNANDEZ, ORLANDO
16259 SW 81ST STREET
MIAMI, FL 33193
Annual Reports
http://search.sunbiz.orgllnCJ1iry/CorporationSeerchiSearchResultDetail?inquirylype=EntityName&directionType=lniUal&searchNameOrder=CUNANOBUILDE... 1/2
2016 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P04000008708
Entity Name: CUNANO BUILDERS CORPORATION
Current Principal Place of Business:
16259 SW 51ST STREET
MIAMI, Fl 33193
Current Mailing Address:
16259 SW 81 ST STREET
MIAMI, FL 33193
FEI Number: 20-0600598
Name and Address of Current Registered Agent:
FERNANDEZ. ORLANDO
16259 SW 51ST STREET
MIAMI, Fl 33193 US
FILED
Apr 30, 2016
Secretary of State
CC5809729973
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registeTBd office or TBgisteTBd agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title
Name
Address
PTD
FERNANDEZ,ORLANDO
16259 SW 81ST STREET
City-State-Zip: MIAMI Fl 33193
Date
I hereby certify that the Information indicated on thIs report or supplemental report is true and accurate and that my 6/eclron/c signature shall have the same legel effect as If made under
oath; that J am an officer or director of Ihs corporation or the fGC6lver or trustee empO'N81&d to 9XBcu1e this repct18S required by Chapter 607, FIorid8 Statutes: and that my name appears
above, or on en attachment with a/l other/Ike empowered.
SIGNATURE: ORLANDO FERNANDEZ PTD 04/3012016
Electronic Signature of Signing Officer/Director Deteil Date
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
(850) 487-1395
TALLAHASSEE FL 32399-0783
FERNANDEZ. ORLANDO
CUNANO BUILDERS CORPORATION
16259 SWS1 STREET
MIAMI FL 33193
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Busmess and
ProfeSSional Regulation. Our professionals and buSinesses range
from archltecls to yacht brokers. from boxers to barbeque
reslauranls, and they keep Flonds's economy strong.
Every day we work to improve the way we do business in order
to serve you beUer. For inlormation about our services. please
log onto www.mynorldallcense.com There you can find more
information about OUf divisions and the regulations that impact
you. subscribe to department newslet1oo; and learn more about
the Oeparlment's Inrtiatives.
Our mission at the Oepartment IS: LIcense EffiCiently. Regulate
Fairly. We conslantly strive to serve you better &0 that you can
serve your customers. Thank you for doing business in Florida.
and congratulations on your new license!
•
' ~.' STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
~,' PROFESSIONAl REGULATION
CGC15186B7 .jSSU~: 0512312016
CERTIFIED GEJIJ!;.~ CONTRACTOR
FERNANDEZ o~NaO. .
CUNANO BUILDERS CORPORATION
IS CERTIFIED ulldar the prOVI$10n, of Ch_·169 FS
EA~Cilt8 AlI631 1018 U6OS13mC09'9
DETACH HERE
RICK SeOTl. GOVERNOR KEN LAWSON. SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY UCENSING BOARD
t5!diMili i@W,
CGCISI8687
The GENERAL CONTRACTOR
Named below IS CERnFIED
Under the provisions of Chapter 489 FS.
Expiration dale: AUG 31. 2018
FERNANDEZ,ORLANDO
CUNANO BUiLDERS CORPORATiON
16259 SW.81 STREET
MIAMI Fl33193
ISSUED 0512312016 DISPLAY AS REQUIRED BY LAW SEQ /I L 1605230000919
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
FERNANDEZ, ORLANDO
CUNANO BUILDERS CORPORATION
16259 SW.81 STREET
MIAMI FL33193
(850) 487-1395
CongratulaUonsl Wnh this license you become one of the neerly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers, from boxers to barbeque
restaurants, and they keep Florida's economy strong.
•
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
'. . PROFESSIQ:IAAl REGULATION
Every day we work to improve the way we do business In order
to serve you better. For Infonnation about our services. please
log onto www.myflorldalicense.com. There you can find more
infonnetion about our divisions and the regulations that impact
you, subscribe to department newsletters and learn more ebout
the Department's initiatives.
CCC1329646 >' ~~". _Q~. 05/23/2016
CERTIFIED
CUNANO
Our mission at the Deper1ment is: license Efficiently. Regulate
Fairly. We constantly strive to serve you beller so thet you can
serve your customers. Thank you for doing business In Florida,
and congratulations on your new license I
IS CERTIFIED under 1he provision£. of Ch 489 FS.
ElcpnrtionGalo AUG31.20tB l1605:2:UXXJ181
DETACH HERE
RICK scan. GOVERNOR KEN LAWSON. SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD r'iiamill l @,,,',
CCC1329646
The ROOFING CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration dale' AUG 31. 2018 .. "" ..
.. Ji$.'.~ -~.~~' ,.
FERNANDEZ, ORLANDO J ,~--.... "> ,
CUNANO BUILDERS Ca:~ON ,~
16259 SW.81 STRE~ET -:. ",~ ....... ~ .• fit MIAMI Flo .. " . ". ~",,""'-.' -"\;..". -
-• .' ~,'\<...
~~---..:.__ --. .~: ~ ',: -.. • r 'p. ~~.;, . 7'" ~~, " ...
ISSUED' 0512tio~ ~rSPLA~S i~IR" . " ~ SEQ # L 1605230000881
010202
Local Business Tax Receipt
Miami-Dade County, State of Florida
-THIS IS NOTA BILL-DO NOT PAY
6748413
BUSINESB NAME/LOCATION
CUNANO BUILDERS CORPORAnON
16259 SW 81 ST
MIAMI FL 33193
RECEIPT NO.
RENEWAL
7021835
LBT ,
EXPIRES
SEJrrEMBER 30. 2017
Must be displayed at place of business
Pursuant In County Code
Chepler SA -An. 9 & 10
OWNI!R
CUNANO BUILDERS CORPORATION
SEC. TYPE OF BUSINESS PAYMENT RICEIVED
196 SPECIALTY BUILDING CONTRACTOR BY TAX COLLECTOR
CCC1329646
Worker(s) $75.00 07/19/2016
CHECKl I-I 6-092888
TltlllDeal Business Tp ~ipl onlYCGllIIRlIS paymeal ofilia Lac., lIusIn_ T.x. Tha Roceiprls aD! a I~
p8ll1lit. Dr. cenlficatiall of ..... halller"squaJlficatioAB, 10 do busl_. Haldar mIDI camply willi • .., 80_1
or nDIIgllV8f1\ftlellta1 reg.'lII1Ity laws allll reqairBIDBIIIS which appl, ID lb. busineS$.
Tlte RECEIPT NO. above IIIIIIt be dilpl.rad 01 all cOllmBlCial vahial8$ -MiamJ-IIadB Coda Sac 1Ia-278.
Fer mora inlonu.'ion. visit www.miamiclada.gpv/lallcoIi8c1!!r
010584
Local Business Tax Receipt
Miami-Dade County, State of Florida
-lliiS IS NOT A BILL -00 NOT PAY
6882683
BUSINESS NAMEILOCA TION
CUNANO BUIlDERS CORPORATION
16259 SW 61 ST
MIAMI FL 33193
OWNER
RI5CEIPTNO.
RENEWAL
7158041
SEC. TYPE OF BUSINESS
LHT
EXPIRES
SEPTEMBER 30, 2017
Must be displayed at place of business
Pursuant to County Code
ChaptBr SA -Art. 9 & 10
CUNANO BUILDERS CORPORATlON 196 GENERAL BUILDING CONTRACTOR
CGC1518687
PAYMENT ItECEIVED
BY TAX COLLECTOR
$75.00 07/19/2016
CHECK21-16-092923 Voriler(s)
This Lot:8J Business Tax Receipt Ollljl confilllll paylll8lll Gf!he Local Busmoss To. TIJs Raceipl i. aol B IiceAte,
ptlmit ar 8 cenifiC8Iion Gltile hold"·.qllalificallo,,,. 10 do b",Inut, Holder nmst COClIpIywnb any gOVBrnnHIIItiIl
ar n.D!lO'II __ nIBI regulalory IIIWI a .... requbollloalllwblcn appl,tn .11. business.
The RECEIPT NO. abo.e mast be displayed an all cammen:lal Yehlcles -Miami-Did. Code Sec Ba-l?6.
For mati! IIII.nnelion. visit www.mjtl!l!jdl!!!a.llovllllllctllledDr
_=-------:-----.-----------
. '.
State of Florida
Department of State
I certify from the records of this office that CUNANO BUILDERS
CORPORATION. is a corporation organized under the laws of the State
of Florida, filed on January 9, 2004 .
. .
The document number of this corporation is P04000008708.
I further certify that said corporation has paid all fees due this office
through December 31, 2007, that its most recent annual report was filed
on March 22, 2007, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under ~ haird and the Great Seal of
Florldo. at Tallahassee, the Copha/. this the
Twenty Second day of March, 2007
~"'6
Secretary of State
Authentication 10: 800094567671-83%207-P04000008708
To Butbentitak Ibis certiticale.\'isil the fuUowing sile. enter thi~ m. 8Ild then follow \he iRSltuctions displayed.
www.8unbiz.org!autb.html
11312017 Detail by Entity Name
Pepartmelll of State I DlvlslolJ of Corporations 1 Search Records I Detail By Document Number I
Detail by Entity Name
Florida Profit Corporation
CUNANO BUILDERS CORPORATION
Filing Information
Document Number
FEVEIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Address
16259 SW 81ST STREET
MIAMI, FL 33193
Changed: 02/17/2011
Mailing Address
16259 SW 81ST STREET
MIAMI, FL 33193
Changed: 02/17/2011
P04000008708
20-0600598
01/09/2004
FL
ACTIVE
AMENDMENT
10/0412005
NONE
Registered Agent Name & Address
FERNANDEZ, ORLANDO
16259 SW 818T STREET
MIAMI, FL 33193
Address Changed: 02/17/2011
Officer/Director Detail
Name & Address
lit/e PTD
FERNANDEZ, ORLANDO
16259 SW 818T STREET
MIAMI, FL 33193
Annual Reports
http://search.sunbiz.orgllnquiry/CorporalionSearchiSearchResultDetail?inquirytype=EntityName&direc~onType=lnitial&searchNameOrder=CUNANOBUILDE...1/2
1 I
1
I
I
I
I
I
I
!
2016 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P04000008708
Entity Name: CUNANO BUILDERS CORPORATION
Current Principal Place of Business:
16259 SW 81ST STREET
MIAMI, FL 33193
Current Mailing Address:
16259 SW 81ST STREET
MIAMI. FL 33193
FE. Number: 20-0600598
Name and Address of Current Registered Agent:
FERNANDEZ, ORLANDO
16259 SW 81ST STREET
MIAMI. FL 33193 US
FILED
Apr 30,2016
Secretary of State
CC5809729973
Certificate of Status Desired: No
The above named entity submits this statament for the purpose of chenging its registel8d office or I8gis/el8d agent. or both, in tha Stale of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title
Name
Address
PTD
FERNANDEZ,ORLANDO
16259 SW 81ST STREET
city-State-Zip: MIAMI FL 33193
Date
I hereby certify Ihat thelnfbrmelion Indicsted on thl. I8port or supplemental report is lrue and accurate end thst my electronic slgnetura shBiI have Ihe sema legol effect as If mode under
oath; Ihst I em an officer Of dimctor of the cotpOration or the ,.,calver or lrustae empowatBd to execute Ihis ",port .s required by Chaptef 607. Florido SlaMe.; and /hal my name appears
above, or on en attachment with aN other Ilks empowfll8d.
SIGNATURE: ORLANDO FERNANDEZ PTD 04/30/2016
Electronic Signature of Signing Officer/Director Detail Date
Member Name
Bid Number
Bid Name
5 Document(s) found for this bid
15 Planholder(s) found; 182 Notified.
Supplier Name
ABC Construction, Inc.
Advanced Starlight International
BOFAM CONSTRUCTION COMPANY,
INC
ConstructConnect
Construction Journal, Ltd.
Conwell & Associates Consulting
Company
Cunano Builders Corp
F.H. Paschen, S.N. Nielsen &
Associates, lLC
Gomez & Son Fence
link Systems llC
McGraw-Hili
MG Contracting & Sons inc.
mobius
PRIDE Enterprises
The Bluebook of Building &
Construction
City of South Miami
RFP-RFP #PR2016-26-0-
2016/SK
Perimeter Fence Project at
Dante Fascell Park
Address!
7215 N.W. 7th Street
113 SW 5th Avenue
1600 NW 3RD AVE, STE D4
3825 Edwards Rd
400 SW 7th Street
11771 SW 137th Place
16259 sw 81 st
2 South Federal Highway
2304NW30 CT
5870 Hummingbird Court
3315 Central Ave
22 Elm Gray Road
654gf gkdgo
P.O. Box 440
800 E. Main St.
City
Miami
Portland
MIAMI
Cincinnati
Stuart
Miami
Miami
Dania Beach
OAKLAND
TItusville
Hot Springs
Torrance
new york
Cross City
Jefferson Valley
State Zip Phone Attributes
1. Hispanic
2. Woman
Fl 33126 3056630322
OR 97205 5032225718
Fl 33136 7542450102
OH 45209 8772271680
Fl 34994 8007855165
Fl 33186 3059265673
Fl 33193 7862583719
FL 33004 3059400264
Fl 33332 3054718922
1. 5mall
Fl 32780 4074010031 Business
AR 71913 8506563770
CA 90503 3234702122
NY 10010 1478522145
Fl 32628 8138902174
NY 10535 8004312584
+ALM
Insights. Innovation. Connected.
Please Remit To:
CITY OF SOUTH MIAMI
ALM Media, LLC
PO Box 936174
Atlanta, GA 31193·6174
Attention To: MARIA M. MENENDEZ
MARlA M MENENDEZ
6130 SUNSET DR
SD\.,\T" MIAMI, FL 33143
PLEASE RETURN THIS SECTION WITH PAYMENT
Daily Business Review
Miami Dade
I InvoIce Date: 1210612016 Customer #: 9005479
Involca II Description
10000177076·1206 Placement/Position: BidsiHearngs/Meetings/Ortlinances/Bid Notices & RFPs
Run Dates: 1210612016
Ad Size: :2 x 5.43 inches
Invoice #:
Invoice Date:
Due Date:
AMOUNT DUE:
CITYOF SOUTH MIAMI· PERIMETER FENCE PROJECT AT DANTE FASCEll PARK-RFP#
PR2016-26· DEC. 26, 2016
Daily Business Review
Miami Dade
Customer No: 9005479
10000177076·1206
1210612016
Due Upon Receipt
$97.03
Amount Remitted
Amount
$97.03
Subtotal $S7.03
Total Due $97.03
Payment By Credit Card ( ) Visa ( ) MC ( ) Amex
Credit Card If.:
Card Holder /IIame:
Exp. Date:
Signature:
For bllUng questions, please email: AlMcoliecUon@alm.com
Besides the email address yeu can fax us at 800-285·7527
Security Code:
PAST DiJE 8,\t.ANCES WILL BE CHARGED A l.!il!·-o PEi( ~ION"f1-l SeRVIC1: CI·j,\'~GE (J S% PER ANNUM)
"'~ALM
InSights. Innovation. Connected.
MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday. Sunday and
Legal Holidays
Miami, Miami~Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authorily personally appeared
OCTELMA V_ FERBEYRE. who on oath says that he or she is
the VICE PRESIDENT. Legal Notices of the Miami Daily
Business Review flk/a Miami Review. a daily (except
Saturday. Sunday and Legal Holidays) newspaper.
published at Miami in Miami-Dade County. Florida; Ihat the
attached copy of advertisement. being a Legal Advertisement
or Notice in Ihe malter of
CITY OF SOUTH MIAMI -PERIMETER FENCE PROJECT AT
DANTE FASCELL PARK -RFP # PR2016-26 -DEC_ 28. 2016
in the XXXX Court.
was published in said newspaper in the issues of
1210612016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami. in said
Miami-Dade County. Florida and that Ihe said newspaper has
heretofore been continuously published in said MIami-Dade
Counly, Florida each day (except Saturday. Sunday and
Legal Holidays) and has been entered as second class mail
malter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, linm or corporation any discount rebate. commission
or refund for the purpose of securing Ihis advertisement for
Sworn to and subscribed before me this
6 day of DECEMBER, AD_ 2016
J:)a 4 'd.) c:;ij;4-1 lv!d'/ /' -,
(SEAL)
OCTELMA V_ FERBEYRE personally known to me
CITY OF SOUTH MIAMI
PERIMETER-F'ENCEP':iOJSCl'·.ATtf'AN~-
FASCELI. PARK .
RFP' #PR201&-26
SUBMITTAL DUE DATE:
DECEMBER 28,_2016 AT 10 AM
The City is hereby requesting sealed proposals in response to IlFP
IIPR2016-26, ·Perimeter Fence Project at Dante'fasceU Park." The purpose
of this So~citation is to contract for the services necessary' for the oompJetion
of the project in accordance with the Scope af Services, (Exhibit 1) and
(Exhibit 4), Respondents Cost and Technical Proposal, or the plans arid/or
speoifications, if any, describeP in this Solicitation (hereinafter referred to
as "the Project" or 'Project"),
Interested persons who wish to respond to this Solicitation Can obtain Ihe
complete Sqlicitation pali:kage at the City Clerk's office Menday through
Friday from 9:00 am. to 4:00 p.m, or by accessing the fellowll19 wel:ipage:
http://www.southmiamifLgovl which is the City .of -South Miami's web
address for SOlicitation infon:nation.
Sealed Proposals must be received by Office of the City ClEilk, either by
mail or hand delivery, no later than 10:00 A.M. local time on. December 28,
2016. Hand delivery must be made Monday thr~ugh Thursday from 8
AM to 5 P~ to the office of City Clerk.
A Non-Mandatory Pre-Proposal Meeting WIll be conduct9!i at City Hall
in the Commission Chambers located at 6130 Sunset DriVe, ~uth Miami,
Fl 33143 on DecElmber 15, 2016 ilt 10:00 A.M.' The ~nj"rehce shall be
held regardless of weather CO~ditions,
Maria M, Menendez, BMC
City Cler\<, City of South Miam i
12/6 __ 16·?5/0QQ.Q17707JlM