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Res No 080-17-14881
RESOLUTION NO.:080-17-14881 A Resolution authorizing the City Manager to negotiate andtoenterintoan agreement withCunanoBuildersCorporationforanewperimeter tennis fenceatBrewer Park. WHEREAS,the current fencingsystem,locatedalong the perimeter of the tennis courtsand racquetballcourts,isinverypoorconditionandrequiresreplacement;and WHEREAS,through the Procurement Division,the City's ParksandRecreation Department submitted aRequestforProposal ("RFP")#PR2017-05 onThursday,March2,2017for "Tennis FenceInstallationatBrewerPark."The City receivedfour(4)proposals;Cunano Builders Corporation was the lowest bidder andisin compliance with the terms of the RFP;and WHEREAS,to account forany unknown factors that may arise,a $5,000 contingency over the proposal amount of $66,250 is requested;and WHEREAS,the total expenditure shallnot exceed $71,250 dollars. NOW,THEREFORE,BEITRESOLVEDBYTHE MAYOR AND CITY COMMISSION OFTHECITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager is hereby authorized to negotiate and to enter into an agreement withCunanoBuilders Corporation foranew perimeter tennis fenceatBrewerPark. Section2:The total expenditure inthe amount of$66,250shallbechargedtoParksand RecreationCapital Improvement accountnumber301-2000-572-6450,whichhasabalanceof $800,725 before this request was made. Section3:The City Manager is authorized toexpendanadditional$5,000over the proposal amount of $66,250 for unknown factors. Section 4:Ifany section clause,sentence,or phrase ofthis resolution isforany reason held invalidor unconstitutional bya court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this resolution. Section 5:This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 18th dayof April ,2017. APPROVED: Pg.2 of Res.No.080-17-14881 READ ANDAFPROVED AS TO FORM LANGJ^AG^LEGAIITY ANDyfe/E^UTION THE COMMISSION VOTE:5-0 Mayor Stoddard Yea Vice Mayor Welsh Yea Commissioner Edmond Yea Commissioner Liebman Yea Commissioner Harris Yea South*1 Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Via: Date: Subject: Background: Vendors & Bid Amount: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager Quentin Pough,Director of Parks &Recreation April 18,2017 Agenda Item No.: A Resolution authorizing the City Manager to negotiate and to enter into an agreement with Cunano Builders Corporation for a new perimeter tennis fence at Brewer Park. The current fencing system,located along the perimeter of the tennis courts and outside racquetball/hard-ball courts,isinvery poor condition and requires replacement.Time and external elements,such as storms and hurricanes,have affected the fence.The new fencing system meets County wind load requirements and will feature 300 linear feet of 12'tall fencing along the west and south ends (prevent or reduce the number of balls entering thecanal)and 555 linear feet of 10'tall fence will replace the remaining court fencing.The contractor is responsible for furnishing all labor (including subcontractors),plans and technical specifications, installation,machinery,tools,means of transportation,supplies,equipment, materials,permits,and repairs to courts if necessary,dumpster(s),disposal of materials and services. Through the Procurement Division,the City's Parks and Recreation Department submitted a Request for Proposal ("RFP")#PR2017-05 on Thursday,March 2,2017 for "Tennis Fence Installation at Brewer Park.-'The City received four (4)proposals;CunanoBuilders Corporation was the lowest bidder and isin compliance with the terms of the RFP.City staff consulted with the contractor's references as to hands on experience and received positive feedback. Please find below a breakdown of all submitted bids. Bidders Amount Cunano Builders Corporation $66,250 Leed Construction Group $69,574 Marvi Builders,LLC $80,550 Pontifex Construction Group,Inc.$82,509.66 Soutlr Miami THE CITY OF PLEASANT LIViNCi Fund& Account: Attachments: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Amountnottoexceed$66,250.Toaccountforanyunknownfactors that may arise,a$5,000 contingency overtheproposalof$66,250 is requested. Thetotalexpenditureshallbechargedtothe Parks andRecreation Capital Improvement account number 301-2000-572-6450,which hasa'balance of $800,725beforethisrequestwasmade. Resolution Pre-Bid Conference Sign-In Sheet Bid Opening Report Proposal Summary SunBiz-Cunano Builders Corporation Demand Star Results RFP Advertisement CunanoBuilders Corporation's Proposal Date: (&:"' Soutff Miami THECITY OP PLEASANT LIVING Pre-Bid Conference Sign-In Sheet March 17,2017 RFP Title:Tennis Fence Installation at Brewer Park RFP No.:PR2017-05 Please Print Clearh mWM£^j^M^W^^^0^^M ;;:£Qmt>any^ 1 Jefri s.fr^i/Mif1 S'tfes '*)/) ifO^££&.MSCo^\o^a^on,A i,,^6\\oRa{\4e\;-S^ey:;fie? Guc\aao fioiWerS:S&rPorcdioa ;s ^:25g;-3f#};. 'f&A^ 3 i^ddle-<Sn^l L-«&C©v\s-t*£a.r«<uj> iO&-?o^~,S"9'S> {•etdico^st/uc-tio^C^yo-^oo ,<r«.z^1 i 4 •••'••''•'••'•.•'•'• 5 6 7 8 9 10 11 1 X:\Purchasing\Request forProposals &Qualification (RFPs)\Tenriis FenceatBrewer ParkXPre Bid\Pre-Bid Meeting BewerPark Tennis Fencelnstali3.17.17.doc BID OPENING REPORT Bids were opened on:Monday,April 3,2017 after:)0.00am For:RFP #PR 2017-05 Tennis Fence Installation at Brewer Park COMPANIES THAT SUBMITTED PROPOSALS:AMOUNT: f\,fa <?f <*•3'Oc — 1.CUNANO BUILDERS CORPORATION 2.LEED CONSTRUCTION GROUP 3.MARVI BUILDERS,LLC 4.PONTIFEX CONSTRUCTION GROUP,INC THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk:Aldf-fq Ah AffZ/f/yJr. Print Name £> s:-•V*?C^?_,A 0-4 <^W£/ys;Z/v Witness Print Name Witness Pnnl Name Jjik^J^P/202tC. Signal urc RFP PR2017-05 "Tennis Fence at Brewer Park" NOTE:RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER Bidder Bid Price Bid Package (1 Org;3 Copies;1 Digital) Bid Form Bidder Quafif. Ref. List of Subs' Non Coil. Affidavit Public Entity Crimes and Conflicts of Interest Drugfree Workplace OSHA Stds Fed. State Listings Related Party Presentation Dec Proof of Ins Signed Contract with Original Sun Biz Cunano Builders $66,250.00 X X X X X X X X X X X X X X X LEED Const. $69,574.00 X X X X X X X X X X X X N/A X X Marvi Builders $80,550.00 X X X X X X X X X X X X N/A X X Pontifex Const. $82,509.60 X X X X X X X X X X X X N/A X X 4/3/2017 DetailbyEntity Name \, ^'4/0brg r OilPOii/.ir'jrji r;j .'/:>>rjini!l 'ti*uv m lunula v.i/ti.i'.i' Pepartnient Qf State /Division of Corporations /SearchRecords/Detali Bv Document Number / Detail by Entity Name FloridaProfit Corporation CUNANO BUILDERS CORPORATION Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 16259 SW 81 ST STREET MIAMI,FL 33193 Changed:02/17/2011 Mailfng Address 16259 SW 81 ST STREET MIAMI,FL 33193 P04000008708 20-0600598 01/09/2004 FL ACTIVE AMENDMENT 10/04/2005 NONE Changed:02/17/2011 Registered Agent Name &Address FERNANDEZ,ORLANDO 16259 SW 81 ST STREET MIAMI,FL 33193 Address Changed:02/17/2011 Officer/Director Detail Name &Address Title PTD FERNANDEZ,ORLANDO 16259 SW 81 ST STREET MIAMI,FL 33193 Di\.$ICN 0=GORPOftAT.ON Annual Reports http://search.sunbiz.org/lnquiry/CorporatlonSearcrVSearchResultDetail7inquiryty 1/2 2016 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT*P04000008708 Apr 30,2016 Entity Name:CUNANO BUILDERS CORPORATION Secretary ofState CC5809729973 Current Principal Place of Business: 16259 SW 81 ST STREET MIAMI,FL 33193 Current Mailing Address: 16259 SW 81 ST STREET MIAMI,FL 33193 FEI Number:20-0600598 Certificate of Status Desired:No Name and Address of Current Registered Agent: FERNANDEZ,ORLANDO 16259 SW 81 ST STREET MIAMI,FL 33193 US TheabovenamedentitysubmitsthisstatementforthepurposeofchangingIts registeredofficeorregisteredagent,orboth,intheStateof Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail: Title PTD Name FERNANDEZ,ORLANDO Address 16259 SW 81ST STREET City-State-Zip:MIAMI FL33193 I herebycertify thatthe information Indicated ontNsreportor suppfamental reportIs trueand accurate andthatmy electronic signature shallhavethesamelegaleffectasifmadeundar oath;that I amanofficerordirectorofthecorporationorthereceiverortrusteeempoweredtoexecute this reportasrequiredbyChapter607,Florida Statutes;andthatmynameappears above,oron en attachmentwithallother like empowered. SIGNATURE:ORLANDOFERNANDEZ PTD 04/30/2016 Electronic Signature ofSigning Officer/Director Detail Date Member Name Bid Number Bid Name Cityof South Miami RFP-RFP#PR2017-05-0- 2017/SK Tennis Fence Installation at Brewer Park 4 Dpcument(s)found for this bid 451 NOTIFIED: 9 Planholder(s)found. Supplier Name Address 1 City State Zip Phone Attributes Advanced Starlight International 113 SW 5th Avenue Portland OR 97205 5032225718 Condo Electric Industrial Supply,Inc.3615 E.10th Court Hialeah FL 33013 3056915400 Construction Journal,Ltd.400 SW 7th Street Stuart FL 34994 8007855165 Cunano Builders Corp 16259 sw 81 st Miami FL 33193 7862583719 Gomez &Son Fence 2304 NW 30 CT OAKLAND FL 33332 3054718922 Link Systems LLC 5870 Hummingbird Court Tltusville FL 32780 4074010031 1.Small Business Marvi Builders LLC 13150 NW Miami Ct Miami FL 33168 3054566725 McGraw-Hill 3315 Central Ave Hot Springs AR 71913 8506563770 Praing Associates Inc 2490 centergate drive # 201 Miramar FL 33025 9544305367 r MIAMI DAILY BUSINESS REVIEW ~putflfehsd pally.^^ptSatui'dayi.Sunday ari<i Legal Holidays: Miarnlv Mfan^DaaeiCourity,.Florida StaTe oe Florida COUNTY OF lyilAMl-DADE: Befor$:tha undefsigriejd authority personally1 appeared. .^P|jSlI^"^^tbarbC^r ^is the LE0AL CLERKL te^af NbiiGes of ife Miami Daife Business.Review/ f/k/a MtoRevTeWi.$:dajfy:(erxcepfc Satgnfey;.Sunday and Legal-Holiday^rfBWsppper,:pxtolished at-lyijanrli 1ft MlamhDadei ^yjfef,iP^lfe 'JMt '%*attadbexi eppy.of aj^ertfeemerit bein|ale^aJ'^^ertl^rne>it.#N6tleS in the itiatfer of §jW^5pUT%MIAWl -RFR#-PR2pn7-Q§: itttftel^^Gb« Affiajtf.further sap that the"said-parni Dj^lly Busirie|£ $py\ew k 'fi newspaper published.a|Warn),irt .$ald Mjaro^pa^e.Goyjityjr PrprjTda md that the sa$,•flevy^aper-^ heretofore:#eejrt [cfphtlfttiousiy pdbiferM in';saicii ^ianfii^ad^ "GoVntVV '!P^.afe #$$$-#y fe^spt Saturdays Sunday'and |fei^:^fidays^^d has.been erUejned as:Second qiaas mall matter at trie pbs"(office In Miami in said MiamhDade $ount/i ffjoritja.foe a period of oneyearnext pre^dfrrg;the-ilr§i publicationof the attached-copy of advertisement?;,ahti ^affiant further-saysthat fts or she;has -neither paid nor.piomlsed^any -person firm _or corporation any discount,rebate*cbrnijlissldn. Qf,rejyiufc for irje,purposeof securing this-aalVirtjgement for (SEAL) MARIA ME$A personally known to me I miS;•i .•*>*•+...._ CcAaJ Ol/uO South'Miami Tennis Fence Installation at Brewer Park RFP#PR20l7-05 Solicitation Cover Letter SUBMTTAL DUE DATE:April 3,2017 at 10:00 AM TheCityofSouth Miami,Florida(hereinafter referred toas "CSM")through its chiefexecutive officer (City Manager)herebysolicitssealedproposalsresponsive to theCity's request (hereinafter referred toas "Request for Proposals"or "RFP").All referencesinthis Solicitation (also referredtoasan "Invitation forProposals"or 'Invitation to Bid"to "City"shall beareferencetothe City Manager,orthe manager's designee,fortheCityof South Miami unlessotherwise specifically defined or unless thecontextin which thewordisusedrequiresitto mean the CityofSouth Miami. TheCityisherebyrequestingsealedproposalsinresponsetothis RFP #PR2017-05,"Tennis Fence Installation at Brewer Park/*Thepurposeofthis Solicitation istocontractforthe services necessary forthe completion oftheprojectinaccordancewiththe Scope of Services,(Exhibit /,Attachment A <g B),orthe plans and/or specifications,if any,describedinthis Solicitation (hereinafter referred toas"theProject"or"Project") Interested personswhowishtorespond to this Solicitation canobtainthecompleteSolicitationpackageat the CityClerk'soffice Monday through Friday from9:00 am to4:00p.m.or by accessing the following webpage: http://www.southnriiamifK.gov/whichistheCityofSouth Miami's webaddressforsolicitationInformation. Proposalsaresubject to theStandardTermsandConditionscontainedin the complete Solicitation Package, including all documentslistedinthe Solicitation. TheProposal Package shall consistofone(J)original unboundproposal,three(3)additionalcopiesandone(i) digital (orcomparable medium including Flash Drive,DVDorCD)copy all of which shallbedeliveredtothe OfficeoftheCityClerklocatedatSouth Miami City Hall,6130 SunsetDrive,South Miami,Florida 33143.The entire Proposal Package shall be enclosed ina sealed envelope orcontainerand shall havethe following Envelope Information clearlyprintedorwrittenontheexteriorofthe envelope orcontainerinwhichthesealedproposalis delivered:"Tennis Fence Installation at Brewer Park/'RFP #PR20I7~05 and the nameofthe Respondent (person or entityresponding to the Solicitation.Special envelopessuchasthoseprovidedby UPS or Federal Expresswill not be opened unlesstheycontain the requiredEnvelopeInformationon the front or backofthe 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 April 3,2017. Apublicopeningwilltakeplaceat 10:00 a.m.onthesamedateintheCityCommissionChamberslocatedatCity Hall,6130 Sunset Drive,South Miami 33143.AnyProposalreceivedafter 10:00 a.m.localtimeonsaiddatewill notbeacceptedunderanycircumstances.Any uncertaintyregardingthetimeaProposalisreceivedwillbe resolvedagainst the personsubmittingtheproposalandInfavorof the Clerk's receipt stamp.Hand delivery of submittals must be made Monday through Friday from 8 AM to 5 PM to the office of City Clerk. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hallin the Commission Chambers located at 6130 Sunset Drive,South Miami,FL 33143 on March 17,2017 at 10:00 A.M. The conference shallbe held regardlessof weather conditions.Proposalsaresubject to theterms,conditionsand provisionsofthis letter aswellastothose provisions,terms,conditions,affidavits anddocumentscontainedinthis Solicitation Package.TheCityreservestheright to awardtheProject to thepersonwiththelowest,most responsive,responsible Proposal,asdeterminedbytheCity,subject to therightoftheCity,or the City Commission,to reject anyandall proposals,and the rightoftheCity to waiveany irregularity in the Proposals or Solicitation procedure andsubjectalsototherightoftheCitytoawardtheProject,and execute a contract witha Respondent or Respondents,other thantoonewhoprovidedthelowestProposal Price or,iftheScopeofthe Work \s dividedintodistinct subdivisions,toawardeach subdivision to a separate Respondent. Maria M.Menendez,CMC CityClerk,CityofSouth Miami Page I of74 SCOPE OF SERVICES and SCHEDULE OF VALUES Tennis Fence Installation at Brewer Park RFP#PR20l7-05 TheScopeofServicesandtheScheduleof Values,ifany,aresetforthin the attached EXHIBIT I END OF SECTION Page2of74 Thomas F.Pepe 2-21-2017 SCHEDULE OF EVENTS Tennis Fence Installation at Brewer Park RFP#PR20l7-05 No Event Date* Time* (EST) I Advertisement/Distribution of Solicitation &Cone of Silencebegins 3/2/2017 10:00 AM 2 Non-Mandatory Pre-RFP Meeting 3/17/2017 10:00 AM 3 Deadline to Submit Questions 3/22/2017 10:00 AM 4 Deadline to CityResponses to Questions 3/28/2017 10:00 AM 5 Deadline to Submit RFP Response 4/3/2017 10:00 AM 6 Projected Announcement of selected Contractor/Cone of Silence ends 4/18/2017 7:00 PM Thomas F.Pepe 2.21-2017 END OF SECTION Page 3 of 74 INSTRUCTIONS for RESPONDENT Tennis Fence Installation at Brewer Park RFP #PR2017-05 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. 1.Purposeof Solicitation.TheCityofSouth Miami \s requestingproposalsforthelowestandmostresponsive pricefortheProject.TheCityreservestherighttoawardthecontracttotheRespondentwhoseproposalis foundtobeinthe best interests oftheCity. 2.QualificationofProposingFirm.Responsesubmittals to thisSolicitation will be considered fromfirms normallyengagedinprovidingtheservicesrequested.Theproposingfirmmust demonstrate adequate experience,organization,offices,equipment andpersonneltoensurepromptand efficient serviceto the City ofSouth Miami.TheCityreservestheright,beforerecommendinganyaward,toinspecttheofficesand organization or totakeany other actionnecessaryto determine ability toperforminaccordancewiththe specifications,terms andconditions.TheCityofSouth Miami willdetermine whether theevidenceofabilityto performissatisfactoryandreservestherighttorejectallresponse submittals tothis Solicitation where evidencesubmitted,or investigationand evaluation,indicates inability ofafirmtoperform. 3.Deviationsfrom Specifications.Theawarded firm shallclearly Indicate,as applicable,altareasinwhichthe servicesproposeddo not fully complywiththerequirementsofthis Solicitation.The decision asto whether anitem fully complieswiththestatedrequirementsrestssolelywiththeCityofSouth Miami. 4.DesignatedContact.TheawardedfirmshallappointapersontoactasaprimarycontactwiththeCityof South Miami.Thisperson or back-upshallbereadily available duringnormal work hoursbyphone,email,orin person,andshallbeknowledgeableofthe terms ofthe contract. 5.PrecedenceofConditions.Theproposingfirm,byvirtueofsubmittingaresponse,agreesthatCity'sGeneral Provisions,Termsand Conditions hereinwilltake precedence overanytermsandconditionssubmittedwith the response,either appearingseparatelyasanattachment or includedwithintheProposal.The Contract Documentshavebeenlistedbelowin order ofprecedence,withtheone having themostprecedencebeingat thetopofthelistandthe remaining documentsindescending order ofprecedence.This order ofprecedence shallapply,unlessclearly contrary tothespecifictermsofthe Contract or GeneralConditionstothe Contract: a)Addenda to Solicitation b)Attachments/Exhibits to c)Solicitation d)Attachment/Exhibits to SupplementaryConditions e)Supplementary Conditions to Contract,ifany f)Attachment/Exhibits to Contract g)Contract h)General Conditions to Contract,ifany i)Respondent'sProposal 6.ResponseWithdrawal.AfterProposalsareopened,corrections or modifications toProposalsarenot permitted,buttheCitymayallowtheproposingfirmtowithdrawan erroneous Proposal prior to the confirmationofthe proposal awardbyCityCommission,ifallof the following isestablished: a)Theproposingfirmactedingoodfaithinsubmittingtheresponse; b)The error was not theresultofgross negligence or willful inattentionon the partofthefirm; c)The error wasdiscoveredandcommunicated to theCitywithintwenty-four(24)hours(not including Saturday,Sunday ora legal holiday)of opening the proposals received,along witharequest forpermission to withdrawthefirm'sProposal;and d)The firm submits an explanation in writing,signed under penalty of perjury,stating howtheerror wasmadeanddeliversadequatedocumentationtotheCitytosupporttheexplanationandtoshow that the error was not the resultofgrossnegligence or willful inattention nor madeinbadfaith. 7.Theterms,provisions,conditions anddefinitionscontainedintheSolicitation Cover Lettershallapplytothese instructionstoRespondentsandtheyareherebyadoptedandmadeapart hereof byreference.If there isa Page4of74 Thomas F.Pepe 2-21-2017 conflictbetween the Cover Letterand these instructions,orany other provisionofthisSolicitation,the CoverLetter shall governandtake precedence overthe conflicting provision^)inthe Solicitation. 8.AnyquestionsconcerningtheSolicitation or anyrequiredneedfor clarification mustbemadein writing,by 10 AM on March 22,2017 to the attention of Steven P.Kulick at sku8ick(egsoythmiamif8.gov or via facsimile at (305)669-2636. 9.Theissuanceofa written addendumistheonlyoffidal method whereby interpretation and/or clarification of informationcanbe given.Interpretations or clarifications,considerednecessarybytheCityinresponse to suchquestions,shallbeissuedbya written addendumtothe Solicitation Package (alsoknownas "Solicitation Specifications"or"Solicitation")by U.S.mail,e-mail or other delivery methodconvenienttotheCityandthe City will notifyail prospective firms viatheCity'swebsite. 10.Verbal interpretations or clarifications shall be without legal effect.No plea bya Respondent of ignorance or theneedfor additional information shallexemptaRespondentfromsubmittingtheProposalontherequired date and time as set forth in the public notice. 11.Cone ofSilence:You are herebyadvised that thisRequestforProposalsis subject tothe "Cone ofSilence," in accordance with Section 8A-7,of the City's Code of Ordinance.From the time of advertising until the City Managerissueshis recommendation,there isaprohibitiononverbalcommunicationwiththeCity's professional staff,including the City Manager andhis staff and members of the CityCommission.The Cone of Silence ordinance,Section 8A-7,has been duplicated at the end of these Instructions. 12.Violation ofthese provisions byany particular Respondent orproposer shall renderany recommendation for theawardofthecontractorthecontract awarded tosaid Respondent orproposer voidable,and,insuch event,said Respondent orproposer shall notbe considered forany Solicitation including butnot limited to onethat requests anyofthe following a proposal,qualifications,aletterofinterestorabid concerning any contractforthe provision ofgoodsorservicesforaperiodofoneyear.Contact shall onlybemadethrough regularlyscheduledCommission meetings,or meetings scheduledthroughthe Purchasing Division,which are forthepurposesofobtaining additional or clarifying information. 13.Lobbying."Lobbyist"means all persons (including officers and managers ofa legal entity),firms,or legal entitlessuchasacorporation,partnershipor limited liability company,employedorretainedbya principal (including an officer ofthe principal oran employee ofthe principal whoseduties include marketing,or soliciting business,forthe principal)whoseeksto encourage the passage,defeat,or modifications of(I) ordinance,resolution,actionor decision oftheCity Commission;(2)anyaction,decision,recommendation of theCity Manager oranyCity board or committee;or(3)any action,decision or recommendation ofCity personnel during thetimeperiodoftheentire decision-making processonsuchaction,decision or recommendationwhichforeseeabiywillbeheardorreviewedbytheCity Commission,or aCityboard or committee.All firms andtheir agents whointendto submit,orwhosubmitted,bids orresponsesforthis Solicitation,arehereby placed on formal notice thatneitherCity Commissioners,candidates forCity Commissioner oranyemployeeoftheCityofSouth Miami aretobe lobbied either individually or collectively concerning this Solicitation.Contact shall onlybe made through regularly scheduled Commission meetings,or meetings scheduled throughthe Purchasing Division,which areforthepurposesof obtaining additional or clarifying information oras otherwise provided forinthe City's Coneof Silence.Any presentationbeforea selection committee Is considered tobe lobbying;however,the presentation teammay avoid formal registration by complying with section 8A-5 (c)(9),ofthe Qz/s Codeof Ordinances.A presentation team affidavit is provided withthis solicitation thatmaybeusedto comply withpresentations,if applicable.Anyone who submits a proposal,whether solicited or unsolicited,on behalf ofhisorher principal orhisorher employer is consideredtobea lobbyist andmustregister.An officer ormanagerofa legal entitywho Is submitting a proposal,whether solicited or unsolicited,is considered tobea lobbyist.Seesection 8A-5 ofthe Ot/s Codeof Ordinances forfurther information andcontactthe City Clerktoregisterasa lobbyist. 14.Reservationof Right.TheCity anticipates awarding onecontractforservicesasaresultofthis Solicitation andthe successful firm will berequestedtoenterinto negotiations toproduceacontractforthe Project. TheCity,however,reservesthe right,initssole discretion,todoanyofthe following: a)torejectanyandall submitted Responses andtofurther define or limit thescopeofthe award. b)to waive minor irregularities intheresponsesorintheprocedurerequiredbythe Solicitation documents. c)torequest additional information from firms asdeemed necessary. d)tomakeanawardwithout discussion orafter limited negotiations.It is,therefore,importantthat all thepartsoftheRequestforProposalbecompletedinallrespects. e)tonegotiatemodificationstotheProposalthatitdeemsacceptable. Page5of74 Thomas F.Pepe 2-21-2017 f)toterminatenegotiationsintheeventtheCitydeemsprogresstowardsacontracttobeinsufficient andtoproceedtonegotiatewiththe Respondent whomade the next bestProposal.TheCity reservestherighttoproceedinthismanneruntilithasnegotiatedacontractthatis satisfactory to the City. g)TomodifytheContractDocuments.ThetermsoftheContractDocumentsare general and not necessarily specifictothe Solicitation.It Is therefore anticipated thattheCitymaymodifythese documents to fitthe specific projectorworkinquestionand the Respondent,bymakinga Proposal, agreestosuchmodificationsandtobeboundbysuchmodified documents. h)tocancel,inwholeorpart,any invitation for Proposals whenit is inthe best interest of the City, i)toawardtheProject to the personwiththelowest,most responsive,responsible Proposal,as determinedbytheCity. j)to award the Project,and execute acontractwitha Respondent orRespondents,other than to one whoprovided the lowest Proposal Price, k)iftheScopeofthe Work Is dividedintodistinct subdivisions,to awardeachsubdivisiontoa separateRespondent. 15.Contingent Fees Prohibited.The proposing firm,by submitting a proposal,warrants thatithasnotemployed orretainedacompanyorperson,other thanabonafideemployee,contractor orsubcontractor,workingin itsemploy,tosolicitorsecureacontractwiththeCity,andthatit has not paid oragreedtopayanyperson, company,corporation,individual orfirm other thanabonafideemployee,contractor orsub-consultant, workinginitsemploy,anyfee,commission,percentage,giftorotherconsiderationcontingentuponor resultingfromtheawardor making ofacontractwiththeCity. 16.Public EntityCrimes.Apersonor affiliate ofthe Respondent whohasbeenplacedon the convicted vendor listpursuantto Chapter 287 following aconvictionfora public entitycrimemaynotsubmita Proposal ona contracttoprovideanygoodsorservices,oracontractforconstructionorrepairofapublic building,may notsubmitproposalsonleases of realpropertytoorwith the City of South Miami,may not beawardeda contracttoperform work asa CONTRACTOR,sub-contractor,supplier,sub-consultant,orconsultantunder acontractwith the CityofSouth Miami,andmay not transactbusinesswiththeCityofSouth Miami fora period of 36 months from the date of beingplacedon the convicted vendor list. 17.Respondentsshallusethe Proposal Form(s)furnished bytheCity.Allerasuresandcorrectionsmusthavethe initials ofthe Respondent's authorizedrepresentativeinblueinkatthelocationofeachandeveryerasureand correction.Proposals shall be signed using blue ink;allquotations shall betypewritten,orprintedwithblue ink.Ailspacesshallbe filled inwiththerequestedinformationorthephrase "not applicable"or"NA".The proposalshallbedeliveredonor before thedateandtime,andattheplaceandinsuch manner assetforthin the Solicitation Cover Letter.Failure todosomaycausethe Proposal toberejected.Failure to Include anyof the Proposal Forms may invalidate the Proposal.Respondent shall deliver totheCity,aspartofIts Proposal, the following documents: a)TheInvitationfor Proposal andInstructionstoRespondents. b)Acopy of allissuedaddenda. c)The completed ProposalForm fully executed. d)Proposal/Bid Bond,(Bondor cashier's check),ifrequired,attachedtothe Proposal Form. e)Certificatesof Competency aswellas all applicable State,CountyandCityLicensesheldby Respondent f)Certificate of Insurance and/orLetterof Insurability. 18.Goods:Ifgoodsare to beprovidedpursuanttothisSolicitationthefollowing applies: a)BrandNames:Ifabrandname,make,manufacturer'stradename,or vendor catalognumberis mentionedinthis Solicitation,whether ornotfollowedbythewords"approvedequal",it \s for the purposeof establishing agradeor quality of material only.Respondentmayoffergoodsthatare equalto the goodsdescribedinthisSolicitationwithappropriateidentification,samplesand/or specifications forsuchitem(s).TheCity shall bethesolejudgeconcerningthemeritsofitems proposedasequals. b)Pricing:Prices shouldbestatedinunitsofquantity specified inthe Proposal Form.Incaseofa discrepancy,theCityreservestherighttomakethe final determinationatthelowestnetcosttothe City. c)Mistake:In the event that unitpricesarepartof the ProposalandIf there isa discrepancy between theunitprice(s)andthe extended price(s),theunitprice(s)shall prevail and the extended price(s) shallbeadjusted to coincide.Respondentsareresponsibleforcheckingtheircalculations.Failure to Page 6of 74 Thomas F.Pepe 2-21-2017 dososhallbeattheRespondent's risk,and errors shall notreleasetheRespondentfromhis/her or itsresponsibilityasnotedherein. d)Samples:Samples ofitems,whenrequired,mustbe furnished bytheRespondent free ofchargeto theCity.Each individual samplemustbe labeled withtheRespondent'snameandmanufacturer's brandnameanddeliveredbyitwithinten (10)calendardaysoftheProposalopeningunlessschedule indicates a different time.If samples arerequestedsubsequentto the Proposal opening,theyshallbe deliveredwithinten (10)calendar days oftherequest.TheCityshallnotberesponsibleforthe return of samples. e)RespondentwarrantsbysignatureontheProposalForm that pricesquoted therein areinconformity with the latest Federal Price Guidelines. f)Governmental Restrictions:Intheeventany governmental restrictions may be Imposed which would necessitatealterationofthematerial quality,workmanship,orperformanceoftheitemsofferedon thisProposalpriortotheir delivery,it shallbethe responsibility ofthesuccessfulRespondent to notify the Cityatonce,indicating inits letter the specific regulationwhichrequiredan alteration.TheCityofSouth Miami reserves therighttoacceptanysuch alteration,includingany priceadjustments occasioned thereby,orto cancel all oranyportionoftheContract,atthesole discretionoftheCityandatnofurtherexpensetotheCitywiththirty(30)daysadvancednotice. g)Respondentwarrantsthattheprices,termsand conditions quoted in theProposal shall be firm fora periodofonehundredeighty (180)calendardaysfromthedateoftheProposalopeningunless otherwisestatedintheProposal Form.Incomplete,unresponsive,irresponsible,vague,or ambiguous responsestothe Solicitation shallbecauseforrejection,asdeterminedbythe City. h)Safety Standards:TheRespondentwarrantsthatthe produces)tobe supplied totheCityconform inallrespects to thestandards set forthintheOccupational Safety andHealthAct (OSHA)andits amendments.Proposalsmustbe accompanied bya Materials Data Safety Sheet (M.S.D.S)when applicable. 19.Liability,Licenses &Permits:ThesuccessfulRespondentshallassumethe full duty,obligation,andexpenseof obtainingallnecessary licenses,permits,andinspectionsrequiredbythis Solicitation andasrequiredby law.TheRespondent shall be liable for any damages orlosstotheCity occasioned bythe negligence ofthe Respondent (oritsagentor employees)oranyperson acting fororthroughthe Respondent.Respondents shall furnish a certified copyof all licenses,Certificates ofCompetencyorother licensing requirement necessarytopractice their professionand applicable tothework to beperformedasrequiredbyFlorida Statutes,the Florida Building Code,Miami-Dade CountyCode or CityofSouth Miami Code.These documents shall be furnished totheCityaspartofthe Proposal.Failure to have obtainedtherequired licenses and certifications orto furnish these documents shall begroundsfor rejecting the Proposal and forfeitureofthe Proposal/Bid Bond,ifrequiredforthisProject. 20.RespondentshallcomplywiththeCity's insurance requirementsassetforthintheattached EXHIBIT 2, prior toissuanceofany Contracts)or Award(s)Ifarecommendationforawardofthecontract,or anaward ofthecontractismadebefore compliance withthis provision,the failure to fully and satisfactorily comply with theCity's bonding,ifrequiredforthis project,and Insurance requirements assetforthherein shall authorize theCitytoimplementa rescission oftheProposalAward or rescission oftherecommendationforawardof contractwithoutfurtherCityaction.The Respondent,by submitting a Proposal,therebyagreesto hold the City harmless andagreesto indemnify theCityandcovenantsnottosuetheCitybyvirtueofsuch rescission. 21.Copyrights and/orPatent Rights:Respondent warrantsthatastothe manufacturing,producing or selling of goodsintendedtobe shipped ororderedbythe Respondent pursuanttothis Proposal,therehasnotbeen, nor will therebe,any infringement of copyrights orpatent rights.The Respondent agrees to indemnify City fromanyandall liability,lossorexpense occasioned byanysuch violation or infringement. 22.Execution ofContract:Aresponsetothis Solicitation shall notbe responsive unless theRespondent signs the formofcontractthatisapartofthe Solicitation package.The Respondent tothis Solicitation acknowledges thatbysubmittingaresponseoraproposal,Respondentagreestothetermsoftheform contract andtothe termsofthe general conditions to the contract,bothof which arepartofthis Solicitation package.The RespondentagreesthatRespondent'ssignatureonthe Bid Formand/ortheformofcontractthatisapartof the Solicitation package and/orresponsetothis Solicitation,grantstotheCitytheauthority,onthe Respondent's behalf,toinserted,intoanyblankspacesinthecontractdocuments,informationobtainedfrom theproposaland,attheCity'ssoleandabsolute discretion,theCitymay treat theRespondent's signature on anyofthosedocumentsastheRespondent'ssignatureonthecontract,afterthe appropriate informationhas beeninserted,aswellasforanyand all purposes,including theenforcementofallofthetermsandconditions of the contract. Page7of74 Thomas F.Pepe 2-21-2017 23.Evaluation of Proposals:TheCity,atitssole discretion,reservestherighttoinspectthe facilities ofanyor all Respondents todetermineits capability tomeetthe requirements ofthe Contract.In addition,the price, responsibility and responsiveness ofthe Respondent,the financial position,experience,staffing,equipment, materials,references,andpasthistoryof service totheCity and/or withotherunitsofstate,and/or local governments in Florida,or comparable private entities,will betakeninto consideration inthe Award ofthe Contract. 24.Drug Free Workplace:Failure to provide proofof compliance with Florida Statute Section 287.087,as amended,whenrequested shall becauseforrejectionofthe Proposal asdeterminedbytheCity. 25.Public EntityCrimes:Apersonor affiliate whowas placed ontheConvictedVendorsList following a convictionfora public entitycrimemaynotsubmitaresponseonacontracttoprovideanyservicestoa public entity,maynotsubmit Solicitation on leases of real propertytoa public entity,andmaynottransact businesswithany public entityinexcessofthethresholdamountprovidedinSection 287.017,foraperiodof 36 months from the date of beingplacedontheConvictedVendorsList 26.Contingent Fees Prohibited:The proposing firm mustwarrantthatithasnotemployedor retained a companyorperson,other thanabona fide employee,contractororsubcontractor,workinginitsemploy,to solicitorsecureacontractwiththeCity,andthatithasnot paid oragreedtopayanyperson,company, corporation,individual orfirm other thanabonafideemployee,contractororsub-consultant,workinginits employ,anyfee,commission,percentage,giftorother consideration contingentuponor resuking fromthe awardormaking of a contract with the City. 27.Hold Harmless:AllRespondents shall holdtheCity,its officials andemployeesharmlessandcovenant not to suetheCity,its officials andemployeesinreferencetoits decisions toreject,award,or not awarda contract, as applicable,unless the claim isbasedsolelyon allegations of fraud and/or collusion.The submission ofa proposal shall actasanagreementbytheRespondentthatthe Proposal/Bid Bond,ifrequiredforthisproject, shall notbe released untiland unless theRespondentwaivesanyand all claims thattheRespondentmayhave against theCitythatariseoutofthis Solicitation processoruntilajudgmentisenteredintheRespondent's favorinanysuit filed whichconcernsthis proposal process.Inanysuchsuit,the prevailing party shall recover its attorney's fees,court costsaswellasexpensesassociatedwith the litigation.Inthe event thatfees,court costsandexpensesassociatedwiththe litigation areawardedtotheCity,the Proposal/Bid Bond,ifrequired forthisproject,shall be applied tothepaymentofthosecostsandany balance shall be paid bythe Respondent. 28.Cancellation:Failure onthepartoftheRespondenttocomplywiththeconditions,specifications, requirements,andtermsasdeterminedbytheCity,shall bejustcausefor cancellation oftheAwardor termination of the contract. 29.BondingRequirements:TheRespondent,whensubmittingthe Proposal,shall include a Proposal/Bid Bond,if requiredforthisproject,intheamountof 5%of thetotalamountofthebase Proposal onthe Proposal/Bid Bond Form included herein.A company or personal check shall notbedeemeda valid Proposal Security. 30.Performance andPayment Bond:TheCityofSouth Miami mayrequirethe successful Respondentto furnish a Performance Bondand Payment Bond,eachintheamountof 100%ofthetotal Proposal Price,including Alternatesif any,naming theCityofSouth Miami,andtheentitythatmaybe providing asourceof funding for theWork,asthe obligee,as security forthe faithful performance ofthe Contract and forthe payment of all personsorentitiesperforminglabor,servicesand/or furnishing materials inconnectionherewith.In addition, ifthe Respondent's employees will be working in secure or sensitive areas ofthe City,theCity may require thatthe Respondent provides employee bonding,naming the City of South Miami as the obligee onthe bond. Thebonds shall bewithasuretycompany authorized todo business intheStateof Florida. 30.1.Each Performance Bond shall beinthe amount ofone hundred percent (100%)ofthe Contract Price guaranteeing toCitythe completion and performance ofthe Work coveredintheContract Documents. 30.2.Each Performance Bond shall continue in effect for five years after final completion and acceptance ofthe Work withthe liability equal toone hundred percent (100%)oftheContract Sum. 30.3.Each Payment bond shall guarantee the full payment of all suppliers,material man,laborers,or subcontractoremployedpursuanttothis Project. 30.4.Each Bond shall be with a Surety company whose qualifications meetthe requirements of insurancecompaniesassetforthintheinsurancerequirementsofthissolicitation. 30.5.Pursuant tothe requirements of Section 255.05,Florida Statutes,Respondent shall ensure that the Bond(s)referenced above shall be recorded inthe public records of Miami-Dade County and provide CITYwith evidence ofsuch recording. Page8 of 74 Thomas F.Pepe 2-21-2017 30.6.Thesurety company shall hold acurrent certificate of authority as acceptable suretyon federal bondsin accordance withthe United States Departmentof Treasury Circular 570,current revisions. 31.Proposal Guarantee:Notwithstanding the fact thatthe Respondent,in submitting a proposal,agreestothe terms contained intheformofcontractthatispartofthis Solicitation package,the successful Respondent, withinten (10)calendar days ofNoticeof Award bythe City,shall deliver,tothe City,theexecuted Contract andotherContract Documents that provide forthe Respondent's signature,and deliver totheCitythe required insurance documentation aswellasa Performance and Payment Bond ifthesebondsarerequired. The Respondent who has the Contract awarded toitandwhofails to execute the Contract andfurnish the required Bonds and Insurance Documents within the specified time shall,attheCity'soption,forfeitthe Proposal/Bid Bond/Security that accompanied the Proposal,andthe Proposal/Bid Bond/Security shall be retainedas liquidated damages bythe City.It isagreedthatifthe Crty accepts payment fromthe Proposal/Bid Bond,thatthissumisafairestimateoftheamountof damages theCity will sustain incasethe Respondent fails to sign theContract Documents or fails to furnish the required Bonds and Insurance documentation.If theCitydoesnotacceptthe Proposal/Bid Bond,theCity may proceedtosueforbreachofcontractifthe Respondent fails to perform in accordance with theContract Documents.Proposal/Bid Bond/Security deposited intheformofa cashier's check drawn ona local bank ingood standing shall besubjecttothesame requirements asaProposal/BidBond. 32.Pre-proposal Conference Site Visits:Ifa Mandatory Pre-proposal conference is scheduled forthis project,all Respondentsshallattend the conferenceand tour allareasreferencedinthe Solicitation Documents.Itshall be grounds for rejecting a Proposal froma Respondent whodidnotattendthe mandatory pre-proposal conference.Nopleasof ignorance bythe Respondent of conditions thatexist,orthatmay hereinafter exist, asa Solicitation resultof failure to make the necessary examinations or investigations,or failure tocomplete anypartofthe Solicitation Package,will beacceptedas basis for varying therequirementsofthe Contract withtheCityofSouth Miami orthe compensation ofthe Respondent.The Respondent,following receiptofa surveyoftheproperty,if applicable,isboundby knowledge that can beseenor surmised fromthesurveyand will notbeentitledtoany change orderduetoanysuch condition.Ifthe survey is provided beforethe proposal is submitted,the contract priceshallincludethe Work necessitated by those conditions,ff the surveyisprovidedsubsequenttothe submission oftheproposal,theRespondent shall have five calendardays tonotifytheCityofany additional costsrequiredbysuchconditionsandtheCity shall havetherighttoreject the proposal andawardthecontracttothe second most responsive,responsible bidder withthelowestprice or to reject all bids. 33.TimeofCompletion:Thetimeisoftheessencewithregardtothecompletionofthe Work tobeperformed underthe Contract tobeawarded.Delays andextensionsoftimemaybeallowedonlyinaccordancewith theprovisionsstatedintheappropriatesectionofthe Contract Documents,including theProposalForm.No change orders shall be allowed for delays caused bythe City,otherthanforextensionsoftimetocomplete the Work 34.Submittal Requirements:All Proposals shall comply withtherequirementssetforthhereinandshallincludea fully completed Construct/on Bid Form found on EXHIBIT 3 and a RespondentsCostandTechnical Proposal,if included,whichisapartofthis Solicitation Package. 35.CancellationofBid Solicitation:TheCityreservestherighttocancel,inwholeor part,any request for proposalwhenitisinthebest interest ofthe Ov/. 36.Respondent shall not discriminate withregardtoits hiring of employees orsubcontractorsorinitspurchase ofmaterialsorinanywayintheperformanceofits contract,ifone is awarded,basedonrace,color,religion, nationalorigin,sex,age,sexual orientation,disability,or familial status. 37.Allrespondents,atthetimeofbid opening,musthave fulfilled all prior obligationsandcommitmentstothe Cityin order tohave their bidconsidered,including all financial obligations.Priortotheacceptanceofanybid proposalorquotation,theCity's Finance Department shall certifythat there arenooutstanding fines,monies, fees,taxes,liens or other chargesowedtotheCitybytheRespondent,anyofthe Respondent's principal, partners,members or stockholders (collectively referredtoas"RespondentDebtors").Abid,proposal or quotation will notbeaccepteduntilalloutstandingdebtsofallRespondentDebtorsowedtothecityarepaid In full.Nobidderwho Is in default ofanypriorcontractwiththeCitymayhavetheirbidconsidered until the defaultiscured to the satisfactionoftheCity Manager. 38.Bid Protest Procedure.See attached EXHIBIT 7. 39.Evaluation Criteria:ifthisprojectistobe evaluated byan Evaluation Committee,theevaluationcriteriais attached as EXHIBIT NIA 40.AVAILABILITY OF CONTRACT -AnyGovernmental or quasi-governmentalentity,inthis or inany other state,or anyfederalgovernmentalagency,may avail itselfofthissolicitationandthe contract that Is awarded Page9of 74 Thomas F.Pepe 2-21-2017 pursuant to this solicitation and purchase any and all goods/services specified herein from the successful bidder(s)/proposer(s)at the contract price(s)established herein,when any federal,state,and/or local laws, rules,and regulations allows the piggybacking off said contract and provided that the successful bidder(s)/proposer(s)is/are in agreement.Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish itsown contract/agreement,place its own orders,issue itsown purchase orders,be invoiced there from and make its own payments,determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 41.NON-APPROPRIATION OF FUNDS.In theeventthatno funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation,thenthe City,upon written notice to Successful Bidder or their assignee of such occurrence,shall have the unqualified right to terminate the contract without any penalty or expense.No guarantee,warranty or representation is made that any particular project(s)will be awarded to any Respondent(s). 42.MOST FAVORED PUBLIC ENTITY.Respondent represents that the prices charged to City inthe proposal donot exceed existing prices toother customers for the same or substantially similar items or services for comparable quantities under similar terms,conditions,wages,benefits,insurance coverage and any other material cost factors,if respondent's prices decline,or should respondent,at any time during thetermofa contractenteredintowith City,provide the same goodsor services withthesame comparable quantities under similar terms,conditions,wages,benefits,insurance coverage and any other material cost factors, Respondent shall immediately extendthe same prices to City. END OF SECTION Page 10 of74 Thomas F.Pepe 2-21-2017 CONE OF SILENCE ORDINANCE,SECTION 8A-7 Tennis Fence Installation at Brewer Park RFP#PR2017-05 Chapter 8A ofthe City of South Miami Code of Ordinances is hereby amended in pertinent partto add a new section 8A-7 which is to read as follows: Sec.8A-7.Cone of Silence: (A)Definitions. (I)"Cone of silence",as used herein,means a prohibition of any communication regarding competitive solicitations suchasarequestforproposal ("RFP*),requestfor qualification ("RFQ"),request for information ("RFI")or request for bid ("RFB"),between: (a)A potential vendor,service provider,proposer or bidder (hereinafter referred toas the "Potential Bidder"),or agent,representative,lobbyist or consultant forthe Potential Bidder;(hereinafter referred toasthe "Bidder's Representative")and (i)MembersoftheCity Commission or (\i)City'sprofessionalstaff or (Hi)Anymemberofthe City's selection,evaluation or negotiation committee. (b)Members oftheCity Commission shall not communicate with professional staffor membersoftheselection,evaluation and negotiation committeesatany point.in the competitiveprocess except asprovidedinparagraphD(3)below, (2)"Cit/s professional staff'means CityDepartmentHeadsandtheirstaffandtheCity Manager andDeputyCity Manager andtheirstaff including consultants involved inthe solicitation,evaluationandnegotiationprocess. (B)Restriction;notice.Aconeof silence shallbeimposeduponeachcompetitivesolicitation, commencing with the datethatthe advertisement ofsaidsolicitationispublishedand the requirements ofthissection shall be included inthesolicitation.Atthetimeofimpositionof theconeofsilence,theCity Manager or Manager's designee shall:(a)providefor public notice of the cone ofsilencebypostinganoticeatCity Hall;(b)issuea written notice thereof to the affected Departments;(c)fileacopyofsuchnoticewith the CityClerk;and(d)serveacopy thereof oneachCityCommissioner. (C)Termination of Cone of Silence.TheConeofSilenceshallterminateatthe beginning oftheCityCommissionmeetingatwhichtheCityManagermakeshis or her written recommendation to theCityCommission or atthetime that the solicitation process is terminated bytheCityManager.However,iftheCityCommissionrefers the Manager's recommendation back to the Manager or stafffor further review,theconeofsilenceshallbe reimposeduntil the beginning of the City Commission meetingatwhichtheCity Manager makes a subsequent written recommendation. (D)Exceptions to applicability.The provisions ofthissection shall notapplyto: (1)Communications ata duly noticed pre-bid conferences or atanydulynoticedpublic Selection or Negotiation Committee meeting or duly noticed publicCityCommission meeting at which the CityManagerhasplacedthesubjectof the solicitationon the Agenda; (2)Communicationregardingthesolicitationat recorded contract negotiations,recorded oral presentation or recorded oralquestionandanswersessionand recorded contract Page 11 of74 Thomas F.Pepe 2-21-2017 negotiationstrategysessionsin compliance withtheexemptionin Florida StatutesSection 286.0113; (3)Briefings madebytheCity Manager orhis designee totheCityCommissionersduringa meeting following the completion of theSelectionorNegotiation Committee meetings; (4)Written communication atanytimewithanyCity professional staff(not including selection,evaluation ornegotiationcommitteemembers),unless specifically prohibitedby the applicable competitive solicitation documents.Thissectionshall not be construed to preventwrittencommunication between City professional staffandanyCityselection, evaluationornegotiation committee.Acopy of any written communicationmadeduring the coneofsilence shall be contemporaneously filed withtheCityClerkbythePotential BidderorBidder'sRepresentative.TheCityClerk shall makecopies available toanyperson upon request; (5)Communicationthatisstrictlylimited to mattersof those processesorproceduresthat arecontainedin the correspondingsolicitation document andwhichcommunication Is between anypersonand the City's Purchasing AgentortheCityemployee who is designatedasbeingresponsiblefor administering the procurement processforsuch solicitation; (6)CommunicationswiththeCity Attorney andhisorher staff; (7)Communications during anydulynoticedsitevisits to determinethecompetencyand responsibieness of bidders regarding a particular bid during thetimeperiod between the openingofbidsand the timetheCity Manager makesawrittenrecommendation; (8)Anyemergency procurement ofgoodsorservicespursuanttoCityCode; (9)Responsestoarequestmadebythe Cit/s Purchasing Agent,ortheCityemployeewho is designated asbeingresponsiblefor administering the procurement processforsuch solicitation,for clarification or additional information; (10)Communications priortobidopeningbetweenCity's professional staff and Potential Biddersand/orBidder'sRepresentativestoenableCitystaff to seek andobtainindustry comment orperformmarket research,provided all communicationsrelated thereto between a Potential Biddersand/or Bidder's Representativesandany member oftheCity's professionalstaff including,butnotlimitedtotheCity Manager andhisorherstaff,arein writingoraremadeatadulynoticed public meeting. (F)Penalties.Violationofthissectionbya particular bidderorproposer,ortheir representative,shall renderany award to said bidderorproposer voidable bytheCity Commissionand/orCity Manager.Anypersonwhoviolatesa provision ofthissectionmaybe prohibitedfrom serving onaCityselectionor evaluation committee.In addition toanyother penaltyprovidedherein,violation ofany provision ofthissectionbyaCityemployeemay subjectsaid employee to disciplinary actionatthediscretionoftheCity Manager. END OF SECTION Page 12 of74 Thomas F.Pepe 2-21-2017 PROPOSAL SUBMITTAL CHECKLIST FORM Tennis Fence Installation at Brewer Park RFP#PR20l7-05 Thischecklistindicatestheformsanddocumentsrequiredtobesubmittedforthis solicitation andtobe presented bythedeadlinesetforwithinthe solicitation.Fulfillment of all solicitation requirementslistedismandatoryfor considerationofresponsetothe solicitation.Additional documentsmayberequiredand,ifso,they will be identifiedinanaddendumtothisSolicitation.Theresponseshallincludethefollowingitems: Attachments and Other Documents described below to be Completed IF MARKED WITH AN "X": Proposal Package shall consistofone(I)original unbound proposal,three (3)additionalcopiesand one (I)digital (or Xcomparable medium including Flash Drive,DVD orCD)copy Indemnification and Insurance Documents EXHIBIT 2 Construction Bid Form,EXHIBIT 3 X Signed Contract Documents (All -including GeneralConditions and Supplementary Conditions ifattached),EXHIBITS 4,5,&6 Respondents Qualification Statement ListofProposedSubcontractorsand Principal Suppliers Non-Collusion Affidavit Public EntityCrimesandConflictsof Interest Drug Free Workplace AcknowledgementofConformancewithOSHAStandards Affidavit ConcerningFederal&StateVendor Listings RelatedPartyTransaction Verification Form PresentationTeam Declaration/Affidavit of Representation Completed. *£- Submit this checklist along withyour proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION Thomas F.Pepe 2-21-2017 Page 13 of 74 RESPONDENT QUALIFICATION STATEMENT Tennis Fence Installation at Brewer Park RFP#PR20l7-05 The response tothisquestionnaire shall beutilizedaspartoftheCITY'SoverallProposal Evaluation and RESPONDENT selection. I.Numberof similar projectscompleted, a)In the past5years uInthepast5yearsOnSchedule / b)In the past 10 years 1 fo In the past 10 years On Schedule (~) 2.Listthelastthree(3)completed similar projects. a)Project Name:SocflKtjJ £S"\^(WOT Pojflt Owner Name:Ql\/pf PpfltiynfrP Pif\P) Owner Address:30^U\k)1f)3rf)Av)Pr Pepkrn*?R/tf5 Owner Telephone:(?8Gl 3*^3 "lO Z6/ Original Contract Completion Time .->j Pays):50 GQY> Original Contract Completion Date*/Aq \fjf)if •[G\7 Actual Final Contract Completion ..,A s 0 s^<•??MflfT.n 16/LG\iDate: Original Contract Price:1 ff SRO Actual Final Contract Price:'j/v^y() b)Project Name:kCqClP^C \j\WqQe SChtm I Owner Name:Q\\-y flf fewkfrKP P\0fiJ Owner Address:1 ?1 fi <?AVlVi^5'\.H.lq,mck^ Thomas F.Pepe 2-21-2017 Owner Telephone:ftcj4 *^5p J0£^U- Original Contract Completion Time f /\\c(Days):bC Oq/5 Original Contract Completion Date:SP?\f'C(\\)Pt iff lO](> Actual final Contract Completion s r<\I »r-/).•-»y-Date:^PWbgT IS,60 76 Original Contract Price:/h.QOO Actual Final Contract Price 7^/qq q Page 14 of74 e)ProjectName: Owner Name: Owner Address: Owner Telephone: $^e(b)W \c\k>ei()q(k IgttS M fth A)P ?86-35S-Z816 £p dqy5OriginalContractCompletionTime (Days): Original Contract Completion Date:77()w lb/lQ 16* Actual Final ContractCompletion Date: Original Contract Price: Actual Final Contract Price: 3.Current workload Ddl/iqfoifi caAqq £A Aoo Project Name Owner Name Telephone Number 1ftjni\ivA*RoiU Ci\y ck VtoW ^4-3SS.-Ofino 135,5oo IfeAS ted R?U,-I-CiVy n^Miaw;G.3o5-(Mmo mlso ?a\(r\OfflVr Um\«A \W.siw ft •toS-888-1744 65ff.?on 4.The following information shall beattachedtothe proposal. a)RESPONDENT'S homeoffice organization chart. b)RESPONDENT'S proposedproject organizational chart. c)Resumesofproposedkeyproject personnel,including on-siteSuperintendent. 5.Listanddescribe any: Thomas P.Pepe 2*21-2017 Page 15 of74 a)Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,l\j U b)Any arbitration or civil or criminal proceedings,or )A J Li Suspensionofcontractsordebarringfrom Bidding orRespondingbyany public agencybrought c)againsttheRespondentin the last five(5)years «\i a 6.Government References: List other Government Agencies or Quasi-Government Agenciesforwhichyouhave done business within the past five (5)years.. Name of Agency:^tck ^CbSiM fc\\hOrif/ 75 Rgv\6vK .S'UV^ah FL 33010 Te.ep.roneNo,faoS^R88'Hf4^ Contact Person:/Ai^QfA WeHti^? Type of Project:$C$\\M fo?WPfflft\I,R^^W^,RoC?fl*A9 Name of Agency:Q\Vy Ql M^ClfAi GordPiX) Address:18SCH ^Vti ??Vh A\)f ^QlAi SaT^i R 33oS£ Telephone No.:(.JOS )GfjO ~S5 6 C| Contact Person: TypeofProject: Name of Agency Thomas F.Pepe 2-21-2017 \to Rphq(V\\\VQ\von 'M\e fthool Rcorcl of Pqlffl OCQC-h Address:1Q10Q.PlHPJ QUld. Telephoned,C%^)^0 ^0^0 Contact Person:Hqq\0^^^ Type of Project-"Fg(U"}A9 Page16of74 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS Tennis Fence Installation at Brewer Park RFP#PR20l7-05 Respondentshalllistall proposed subcontractors,if subcontractors areallowedbythe terms ofthisSolicitationto be used on this project if they are awarded the Contract. Classification of Work Subcontractor Name Landscape ii Soddingand Turf Work Jill Electrical dk Irrigation a Paving li Park Amenities Jili Fencing Ml Utilities lit Excavation m. Building ill Structures ijjL Plumbing *k Painting Ml Testing Laboratory ill SoilFumigator ill Signs m Other: Address Telephone,Fax & Email WQ .SuGCoUTflAOTQRS Thislist shall beprovidedtotheCityofSouth Miami bytheapparentlowestresponsiveandresponsible Bidder withinfive(5)businessdaysafterBidOpening. Thomas F.Pepe 2-21-2017 END OF SECTION Page 17 of 74 NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE w(>\,-,(mV FpvW.P fY^uleftl being firstdulysworn,deposesandstatesthat: (i) (2) (3) (4) (5) He/She/They is/are the (Owner,Partner,Officer*RepresentativeorAgent)of P»f\rifto \ik\nprt OnrP. attached Proposal; the Respondent thathassubmittedthe He/She/They is/are fully informed concerning the preparation andcontentsofthe attached Proposal andofall pertinent circumstancesconcerningsuch Proposal; SuchProposalisgenuineandisnota collusive orsham Proposal; Neither the said Respondent noranyofitsofficers,partners,owners,agents,representatives, employeesorpartiesininterest,including this affiant,haveinanywaycolluded,conspired,connived oragreed,directlyorindirecdy,withany other Respondent,firm,orpersontosubmitacollusiveor sham Proposal inconnectionwiththe Work forwhichtheattached Proposal hasbeensubmitted;or torefrainfrom Bidding orproposinginconnectionwithsuch Work;orhaveinanymanner,directly orindirectly,soughtby agreement orcollusion,or communication,or conference withany Respondent,firm,or person to fix anyoverhead,profit,or cost elements of the Proposalor of any other Respondent,ortofixanyoverhead,profit,orcost elements oftheProposal Price orthe ProposalPriceofany other Respondent,or to securethroughanycollusion,conspiracy,connivance, or unlawful agreement anyadvantageagainst(Recipient),oranyperson interested inthe proposed Work; Thepriceorprices quoted intheattached Proposal are fair andproperandarenottaintedbyany collusion,conspiracy,connivance,orunlawful agreement on the partofthe Respondent orany other ofitsagents,representatives,owners,employeesorpartiesofinterest,including this affiant. Signed,seale^inp deliveredinthepresenceof: Witness STATE OF FLORIDA COUNTY OF MIAMI-DADE Onthis the -J ^dayof _ By: Signature OvUrfc Yettonteh beside*t Print Name and/Title Date ACKNOWLEDGEMENT Angelica L Brown COMMISSION #FP907151 EXPIRES:November *,2010 WWWJUR0NN0TARY.COM > V- ) n^Wt>-<20 I «*,beforeme,the undersigned Notary Public oftheState of Florida,personally appeared (Name(s)of individuals)who appeared before notary) Page 18 of 74 Thomas F.Pepe 2-21*2017 and whose nameisj is/are Subscribed to the within instrument,andhe/she/they acknowledge thathe/she/theyexecutedit. WITNESS my hand and official seal.l-"'^V Notary Public,StateofFlorida NOTARY PUBLIC:M}'Hp„&nQeVlCa L BTOW ~SSEALOFOFFICE:#'A^\COMMON*ffWff ^^h^X^^(^"~. ^K Kt •**-EXPIRES*Wovfltn (Name oJ-Notary Public:Print,Stamp or type as commissioned)%JmM0 WWWJWR0NN0TARV.COM yS ****"Personally known to me,or Personal identification: Typeof Identification Produced Did takeanoath,or /Did Not take an oath. Page 19 of74 Thomas F.Pepe 2-21-2017 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to theprovisionsof Paragraph (2)(a)ofSection 287.133,Florida StateStatutes-"A personor affiliate whohasbeen placed ontheconvictedvendorlist following a conviction fora public entitycrimemaynotsubmita Proposal orbidonaContracttoprovideanygoodsorservicestoa public entity,maynotsubmita Bid or proposal foraContractwitha public entityfortheconstructionof repair ofa public building or public work,may notsubmitbidsorproposalsonleasesorrealpropertytoa public entity,may not beawardedtoperform Work asa RESPONDENT,Sub-contractor,supplier,Sub-consulcant,orConsultantunderaContractwithany public entity,andmaynottransactbusinesswithany public entityinexcessofthethresholdamountCategoryTwoof Section 287.017,Florida Statutes,forthirty six (36)monthsfromthedateofbeing placed ontheconvictedvendor list". The awardofanycontracthereunderissubjecttothe provisions ofChapter 112,Florida State Statutes.Respondentsmust disclose withtheir Proposals,thenameofanyofficer,director,partner,associate or agentwhoisalsoanofficeroremployeeoftheCityofSouth Miami orits agencies. SWORN STATEMENT PURSUANT TOSECTION 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 (Wo QuiWri Oflf(WiCfr [printnameofthe public entity] for [print individual's nameandtitle]C\V/of .forth Atom [printnameofentitysubmittingswornstatement] whose business address is l6?.BCf S(Jd RV'-SH,M'lClflVl and (if applicable)its Federal Employer Identification Number (FEIN)is 70'C'&OO S Cf fi (If the entityhasno FEIN,includethe Social SecurityNumberofthe individual signing thisswornstatement: .) 2.I understandthata"public entity crime"asdefinedin Paragraph 287.133 (l)(g),Florida Statutes. meansa violation ofanystateor federal law byapersonwithrespecttoanddirectly related tothe transaction ofbusinesswithany public entityorwithan agency or political subdivision ofanyotherstate oroftheUnitedStates,including,butnot limited to ,any bid,proposal orcontractforgoodsor services tobeprovidedtoany public entityoranagencyor political subdivision ofany other stateorofthe UnitedStatesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,ormaterial misrepresentation. 3.I understand that"convicted"or "conviction"as defined in Paragraph 287.133 (I)(b),Florida Statutes,meansa finding ofguiltora conviction ofa public entitycrime,withorwithoutan adjudication of guilt,in any federal orstate trial courtof record relating to charges brought by indictment or information after July I,1989,asaresultofa jury verdict,non-jury trial,orentryofa plea of guilty or nolo contendere. 4.I understand thatan "affiliate"as defined in Paragraph 287.133 (I)(a),Florida Statutes,means: (a)Apredecessoror successor ofa person convicted ofa public entity crime;or (b)An entity under the control of any natural person who is active in the management ofthe entity andwhohasbeen convicted ofa public entity crime.Theterm "affiliate"includes those officers, Page 20of74 Thomas F.Pepe 2-21-2017 directors,executives,partners,shareholders,employees,members,andagentswhoareactivein the management ofan affiliate.The ownership byonepersonof shares constitutinga controlling interest inanyperson,orapoolingofequipmentorincomeamongpersonswhen not for fair marketvalueunderanarm'slengthagreement,shall bea prima facie casethat one person controls another person.Apersonwhoknowinglyentersintoajoint venture withaperson who hasbeenconvictedofapublicentitycrimein Florida duringthepreceding36 months shall be considered an affiliate. S.I understandthata"person"asdefinedin Paragraph 287.133 (I)(e),Florida Statutes,meansany natural personorentityorganizedunderthelawsofanystateoroftheUnitedStateswith the legal power to enterintoabindingcontractandwhichbidsorproposalor applies to bidorproposalon contractsforthe provision ofgoodsorservicesletbya public entity,orwhichotherwisetransactsor applies totransactbusinesswitha public entity.Theterm"person"includes those officers,directors, executives,partners,shareholders,employees,members,andagentswhoareactiveinmanagementofan entity. Based on information and belief,the statement which I have marked below is true in relation to the entitysubmittingthisswornstatement.[Indicate which statement applies.] ^Neithertheentitysubmittingthisswornstatement,noranyofits officers,directors,executives, partners,shareholders,employees,members,or agents whoareactiveinthe management oftheentity, norany affiliate oftheentityhasbeen charged with and convicted ofa public entitycrimesubsequentto July I,1989. Theentitysubmitting this swornstatement,oroneormoreofitsofficers,directors,executives, partners,shareholders,employees,members,or agents whoare active inthe management oftheentity, oran affiliate oftheentity has been charged with and convicted ofa public entitycrime subsequent to July I,1989. Theentitysubmittingthissworn statement,oroneormoreofitsofficers,directors,executives, partners,shareholders,employees,members,or agents whoare active inthe management oftheentity, oran affiliate oftheentity has been charged with and convicted ofa public entitycrime subsequent of July I,1989.However,there has beena subsequent proceeding beforea Hearing Officer oftheStateof Florida,Division of Administrative Hearings andthe Final Orderenteredbythe Hearing Officer determined thatitwasnotinthe public interestto place theentity submitting thisswornstatementon theconvictedvendor list,[attach acopyofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICERFORTHE PUBUC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBLIC ENTITYONLY,ANDTHATTHIS FORM IS VALID THROUGH DECEMBER 31 OFTHE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORMTHEPUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT INEXCESSOFTHE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA/STATUTES.fOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworntoandsubscribed before methis m Personally known l* OR Produced identification (Typeofidentification) FormPUR7068 (Rev.06/11/92) Thomas F.Pepe 2.21-2017 3-o ^y of vWaRg k AngtfcaU^gSffi., 5*/fl».**4 MsiMiicmrtM JW907151„.„COMMISSION #ff907151 •5 EXPIRES:Nowmbar 8,2019 *VWWAwOtlNOTARWUM -State of "^P/CJVvU- ly commission expires KfoV'¥/"2-Q ft .(Printed,typed orstamped commissioned name of notary public) Page 21 of74 DRUG FREE WORKPLACE Whenevertwoormore Bids or Proposals which are equal with respea to price,quality and service are received bythe State orby any political subdivisions for the procurement of commodities or contractual services,a Bid or Proposal received from a business that certifies thatit 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 ifnoneofthetiedvendors have a drug-free workplace program.In orderto have a drug-free workplace program,abusiness shall: 1)Publish astatement notifying employees thatthe unlawful manufacture,distribution,dispensing, possession,oruseofacontrolled substance is prohibited intheworkplaceand specifying the actionsthat shall betaken against employeesforviolationsofsuchprohibition. 2)Inform employeesaboutthe dangers of drug abuse inthe 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 thatareunder Bidacopyofthe statement specifiedinSubsection (I). 4)In thestatement specified in Subsection (I),notifythe employees,that,asa condition ofworking ofthecommoditiesorcontractualservicesthatareunder Bid,heemployee shall abidebythe termsofthestatementand shall notifytheemployeeofany conviction of,or plea ofguiltyor nolo contendere to,any violation ofChapter893orofanycontrolledsubstancelawoftheUnited Statesoranystate,foraviolationoccurringintheworkplacenolaterthan five (S)businessdays after such conviction. 5)Imposeasanctionon,orrequirethe satisfactory participation inadrugabuse assistance or rehabilitation program,ifsuch is available intheemployee'scommunity,byanyemployeewhois so convicted. 6)Makeagoodfaith effort to of this section.; e stateAsthepersonauthorizedtosign RESPONDENTS Signature:^ Print Name:O^QlUjQ Date:,fttarrh w),io\? Thomas F.Pepe 2-21-2017 :bntinueto maintain adrug-freeworkplacethroughimplementation e it,I certifythatthisfirmcompliesfullywith the above requirements. Page 22of74 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS Tennis Fence Installation at Brewer Park RFP#PR20l7-05 TO THE CITY OF SOUTH MIAMI AWe,\nf\gfl()Vllwl^ti VOX..(Name of CONTRACTOR),hereby acknowledge and agree that as CONTRACTOR for the Tennis Fence Installation atBrewer Park project as specified have the sole responsibility for compliance with all the requirements ofthe Federal Occupational Safety and Health Actof 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 anyand all liability,claims,damages,losses and expenses they may incurduetothe failure of (Sub-contractor's names): Vs\Q-WcA VfrKto tocomplywithsuchact or regulation. CONTRACTOR,....(\Q , Name ffipS\C)Pfl\ Title Thomas F.Pepe 2-21-2017 Page23of74 Witness AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS Theperson,orentity,whoisrespondingtothe City's solicitation,hereinafterreferredtoas"Respondent",must certifythattheRespondent'snameDoesNotappearontheStateof Florida,Departmentof Management Services, "CONVICTED,SUSPENDED,DISCRIMINATORY FEDERAL EXCLUDED PARTIES andCOMPLAINTS VENDOR LISTINGS". IftheRespondent'snameDoesappearononeorallthe "Listings"summarizedbelow,Respondentsmust"Check ifApplies"next to the applicable"Listing."The "Listings"canbeaccessedthroughthefollowinglinktotheFlorida Department of ManagementServiceswebsite: http://www.dms.myflQridaxom/busu^^ discriminatory^com plaintsvendorjists _i DECLARATION UNDER PENALTY OF PERJURY I,pCftAftpO yP^iyJffi^(hereinafter referred to as the "Declarant")state,under penalty of perjury, that the following statements aretrue and correct*/\?\\-(\0 (1)I represent the Respondent whose name is LMqAC;)mmflt).lOfr . (2)I have the following relationship with the Respondent fi*P.5 j (jff A"|fOwner (if Respondent is a sole proprietor),President(if Respondent isacorporation)Partner(ifRespondentisapartnership),General Partner(ifRespondentisa Limited Partnership)or Managing Member>(if Respondentisa Limited Liability Company). (3)I havereviewedthe Florida Departmentof Management Services websiteatthe following URL address: http://www.dms.myflorfda.com/business_operatio^ scriminatory_complaints_vendorJists (4)I have entered an **xM oracheckmarkbesideeach listing/category setforthbelowiftheRespondent's nameappearsinthelistfoundonthe Florida Departmentof Management Services websiteforthatcategoryor listing.If I didnot enter amarkbesidea listing/category,itmeansthat I amattesting to thefact that the Respondent'snamedoesnot appear onthe listing for that categoryintheFlorida Department ofManagement Services website as of the date of this affidavit. ended Check if Applicable Convicted Vendor List SuspendedVendorList Discriminatory Vendor List FederalExcludedPartiesList Vendor Complaint List FURTHER DECLARANT SAYETH NOT. ^)i\ ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) ,\ On thisthe^>Q day of r\o*iK 20 t^,before me,the undersigned authority,personally appeared whois personally knowtomeorwho provided the following identification and who took an oath or affirmei-that that he/she/they executed the foregoing Affidavit as the Declarant.^/j^Wfr*,AnQefiCa L BfOWO WITNESS myhandand official seal. NOTARY PUBLIC: SEAL ^\commission wwrwf_8CHf«&Novembers.2019 ~WiWAAR0NN0TARY.COM Thomas F.Pepe 2.21-20!7 Ay^y A<•\*K ft^fc V*J (Nameof Notary Public:Print, Stamportypeascommissioned.) Page24of74 RELATED PARTY TRANSACTION VERIFICATION FORM ("Firm")have Name of Representative CompanyIVendorfEntity read theCityofSouth Miami ("City")'s Code of Ethics, Section 8A-Iofthe City's Code of Ordinances and I hereby certify,under penalty of perjury thattothebestofmy knowledge,informationand belief; (1)neither1northe Firm haveanyconflictofinterest (as defined insection8A-I)with regard tothecontractor businessthat I,and/orthe Firm,am(are)abouttoperformfor,ortotransactwith,the City,and (2)neither I noranyemployees,officers,directorsofthe Firm,noranyonewhohasa financial interest #*eater than 5%in the Firm,has any re|ative(s),as defined in section 8A-I,whois an employee ofthe City orwho is(are) an appointed orelected official oftheCity,orwho is(are)amemberofany public bodycreatedbytheCity Commission,i.e.,a board orcommitteeofthe City,[while the ethics code still applies,ifthe person executing this formisdoingsoonbehalfofa firm whosestockis publicly traded,thestatementinthissection (2)shall bebased solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation asto the relationship of employees orthosewho have a financial interest inthe Firm.];and (3)neither I northe Firm,noranyonewhohasa financial interestgreaterthan 5%inthe Firm,norany member of those persons'immediate family (i.e.,spouse,parents,children,brothersandsisters)hastransactedor entered intoany contracts)withtheCityorhasa financial interest,director indirect,inanybusiness being transacted withthe city,orwithanypersonor agency acting forthecity,otherthanas follows: -Mi _ _(if necessary,usea separate sheettosupply additional information thatwillnotfitonthis line;however,you mustmakereference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed under oath),[while theethicscode still applies,ifthepersonexecutingthisformis doing soonbehalfofa firm whose stock Is publicly traded,thestatementinthissection(3)shall be based solelyonthe signatory's personal knowledge andhe/sheisnot required tomake an independent investigation astothe relationship ofthosewho havea financial interest inthe Firm.];and (4)noelectedand/or appointed official or employee oftheCityofSouth Miami,or any oftheir immediate family members (i.e.,spouse,parents,children,brothers and sisters)hasa financial interest,directly or indirectly,inthe contractbetweenyouand/oryour Firm andtheCityotherthanthe following individuals whoseinterest is set forth following their names:fo\|r; (if necessary,usea separate sheetto supply additional information that will notfitonthis line;however,youmust make reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath). Thenamesof all Cityemployeesandthatof all electedand/or appointed city officials orboardmembers,who own,directlyor indirectiy,aninterestof five percent (5%)ormoreofthetotal assets of capital stockinthe firm are as follows:.\\a )m (if necessary,usea separate sheetto supply additional information that will not fit onthis line;however,youmust make reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath), [while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whosestockis publicly traded,thestatementinthis section (4)shall be based solely onthe signatory's personal knowledge and he/sheisnotrequiredtomakeanindependent investigation astothe financial interestinthe Firm ofcity employees,appointed officials orthe immediate family membersofelectedand/or appointed official or employee.] (5)I and the Firm further agree nottouseorattempttouse any knowledge,property or resource which may come to usthroughourposition of trust,orthroughourperformanceof ourdutiesunderthetermsof the contractwiththeCity,tosecurea special privilege,benefit,orexemptionfor ourselves,orothers.We agreethat wemaynot disclose oruse information,not available tomembersofthe general public,forour personal gain or benefitorforthe personal gain orbenefitofanyotherpersonorbusinessentity,outsideofthenormal gain or benefitanticipatedthrough the performanceofthecontract. Page25of74 Thomas F.Pepe 2-21-2017 (6)I and the Firm herebyacknowledge thatwe have not contracted or transacted any business withtheCityor anypersonoragencyactingfortheCity,andthatwehavenotappearedinrepresentationofanythirdparty beforeanyboard,commissionoragencyoftheCitywithinthepast two years other thanas follows:^M^.(if necessary,useaseparate sheet tosupplyadditionalinformation that willnotfitonthis line;however,you must makereference,ontheaboveline,totheadditionalsheetandthe additional sheet must besigned under oath). XAPurchasingWendor Registration 12.28 J2 RELATED PARTYTRANSACTION VERIFICATION FORM [3].docx (7)Neither I noranyemployees,officers,ordirectorsofthe Firm,noranyoftheirimmediate family (i.e.,asa spouse,son,daughter,parent,brother orsister)is related bybloodor marriage to:(i)anymemberofthe City Commission;(ii)any city employee;or (iii)any member of any board or agency oftheCityother than as follows: (ifnecessary,useaseparate sheet tosupply additional informationthatwill not fit onthis line;however,youmustmakereference,ontheaboveline,to the additional sheet and the additional sheet must besignedunder oath),[whiletheethicscodestillapplies,iftheperson executingthisformisdoingsoonbehalfofafirmwhosestockis publicly traded,the statement inthissection(7) shall bebasedsolelyonthe signatory's personal knowledgeandhe/sheisnotrequiredtomakeanindependent investigationastotherelationshipbybloodor marriage ofemployees,officers,ordirectorsoftheFirm,orofany oftheirimmediate family toanyappointedorelected officials oftheCity,ortotheirimmediate family members]. (8)No Other Firm,noranyofficersordirectorsofthatOther Firm oranyonewhohasa financial interestgreater than 5%inthat Other Firm,noranymemberofthose persons'immediate family (i.e.,spouse,parents,children, brothers andsisters)norany of myimmediatefamily members (hereinafterreferred to as"RelatedParties")has responded to a solicitation bytheCityinwhich I orthe Firm that I representoranyonewhohasa financial interestgreaterthan5%inthe Firm,orany member ofthosepersons'immediate family (i.e.spouse,parents, children,brothersandsisters)havealsoresponded,otherthanthe following: jm _of necessary,useaseparate sheet to supply additional information that willnotfitonthis line;however,youmust makereference,ontheabove line,tothe additional sheet and the additional sheetmustbe signed under oath), [while theethicscode still applies,ifthepersonexecutingthisformis doing soonbehalfofa firm whosestockis publicly traded,thestatementinthis section (8)shall be based solelyonthe signatory's personal knowledge and he/sheisnotrequiredtomakeanindependent investigation intotheOther Firm,orthe Firm he/sherepresents,as totheirofficers,directorsoranyone having a financial interestinthose Firms oranyoftheiranymemberofthose persons'immediate family.] (9)I and the Firm agree thatweare obligated to supplement this Verification Form and inform theCityofany change in circumstances thatwould change ouranswerstothisdocument.Specifically,aftertheopeningofany responses toa solicitation,I andthe Firm havean obligation tosupplementthis Verification Form withthenameof all Related Parties who have also responded tothe same solicitation and to disclose the relationship ofthose parties to me and the Firm. (10)A violation oftheCity's Ethics Code,the giving of any false information orthe failure tosupplementthis Verification Form,maysubjectmeorthe Firm to immediate termination ofanyagreementwiththeCity,andthe impositionofthemaximumfineand/orany penalties allowed bylaw.Additionally,violationsmaybeconsideredby andsubjectto action bythe Miami-Dade County Commission on Ethics.Underpenaltyof perjury,I declare that I havemadea diligentteffort toinves agate thematterstowhich I amattestinghereinaboveandthatthestatements made hereinabove a -e^true ^p^coi recttpthebestofmy knowledge,information and belief. Signature:\^I KJ y Print Name &Title:f)cW(k>l T^Cu^)?}~^»A?0 \ p«*March \o Qo^ Thomas F.Pepe 2-21-2017 Page 26 of 74 Sec.8A-L -Conflict of interest and code of ethics ordinance. (a)Designation. Thissectionshallbedesignatedandknownasthe"CityofSouth Miami Conflict ofInterestandCodeof Ethics Ordinance."Thissectionshallbe applicable toallcitypersonnelas defined below,andshallalsoconstitutea standardofethicalconductandbehaviorforallautonomouspersonnel,quasi-judicial personnel,advisory personnelanddepartmentalpersonnel.Theprovisionsofthissection shall beappliedinacumulativemanner.By wayofexample,andnotasa limitation,subsections(c)and(d)maybeappliedtothesame contract ortransaction. (b)Definitions.Forthepurposesofthissectionthe following definitions shallbe effective: (1)Theterm "commission members"shall refertothemayorandthemembersofthecity commission. (2)Theterm"autonomouspersonnel"shall refertothemembersofautonomous authorities,boardsand agencies, suchas the citycommunity redevelopment agencyandthehealth facilities authority. (3)Theterm "quasi-judicial personnel"shallrefertothemembersofthe planning board,theenvironmentalreview and preservation board,the code enforcement boardandsuch other individuals,boardsand agenciesofthecityasperform quasi-judicial functions. (4)Theterm "advisory personnel"shall refertothemembersofthosecityadvisoryboardsand agencies whose sole or primaryresponsibilityisto recommend legislation or giveadviceto the citycommission. (5)Theterm "departmental personnel"shall refertothecity clerk,the city manager,department heads,thecity attorney,andallassistantstothecityclerk,city manager andcityattorney,howevertitled. (6)Theterm "employees"shall refertoall other personnel employed bythe city. (7)Theterm"compensation"shall refer toanymoney,gift,favor,thingofvalueor financial benefitconferred,or to be conferred,in return for services rendered or to be rendered. (8)The term "controlling financial interest1'shallrefertoownership,directly or indirectly,often percent or more oftheoutstandingcapitalstockinany corporation or adirect or indirect interest often percent or more inafirm, partnership,or other businessentityatthetimeoftransactingbusinesswiththecity. (9)Theterm "immediate family"shall refertothe spouse,parents,children,brothersandsisters of theperson involved. (10)Theterm"transactany business"shall refertothepurchaseorsalebythecityof specific goodsorservices forconsiderationandtosubmittingabid,aproposalinresponsetoa Solicitation,astatementof qualifications in response toa request bythecity,or enteringinto contract negotiationsfortheprovision onany goods or services,whichever first occurs. (c)Prohibitionon transacting businesswiththe city* Noperson included intheterms defined in paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enter into anycontractortransactany business Inwhichthatpersonoramemberofthe immediate family hasa financial interest,director indirect withthecityoranypersonor agency acting forthe city,andanysuch contract, agreementor business engagement enteredin violation ofthis subsection shall renderthe transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position.Nothinginthissubsectionshallprohibitormake illegal: (1)Thepaymentoftaxes,special assessments orfeesforservicesprovidedbythecitygovernment; (2)Thepurchaseofbonds,anticipation notesorothersecuritiesthat may beissuedbythecitythrough underwriters or directly from time to time. Waiver of prohibition.Therequirementsofthissubsectionmaybe waived foraparticulartransactiononlybyfour affirmative votesofthecity commission after public hearingupon finding that: (1)Anopen-to-allsealed competitive proposalhasbeensubmittedbya city personas defined in paragraphs (b)(2), (3)and (4); (2)Theproposalhasbeensubmittedbyapersonor firm offering services within thescopeofthepracticeof architecture,professional engineering,orregistered land surveying,as defined bythelawsofthestateand pursuant to theprovisionsof the Consultants*CompetitiveNegotiationAct,andwhentheproposalhasbeen submitted byacity person definedinparagraphs(b)(2),(3)and(4); (3)Thepropertyorservicestobe involved intheproposed transaction are unique andthecitycannot avail itself ofsuchpropertyor services without entering a transaction which would violate this subsection butfor waiver of its requirements;and (4)Thattheproposedtransaction will beinthebestinterestofthecity. This subsection shallbeapplicableonly to prospective transactions,andthecitycommissionmayinnocaseratifya transaction entered in violation of this subsection. Provisions cumulative.Thissubsectionshallbetakentobecumulativeandshallnotbeconstruedtoamendorrepeal any other lawpertaining to thesamesubject matter. Page27of74 Thomas F.Pepe 2-21-2017 (d)Further prohibition on transacting businesswiththecity. Noperson included intheterms defined in paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enter into anycontractortransactanybusiness through a firm,corporation,partnershipor business entityin which that personorany member ofthe immediate family hasa controlling financial interest,director indirect,withthe city oranypersonor agency actingforthe city,andanysuchcontract,agreementorbusiness engagement entered in violationofthissubsectionshall render thetransaction voidable.The remaining provisionsofsubsection(c)will alsobeapplicable to this subsection asthough incorporated byrecitation. Additionally,nopersonincludedinthetermdefinedinparagraph (b)(1)shallvoteon or participateinanywayin anymatterpresentedtothecity commission ifthatpersonhasanyofthe following relationships withanyofthe persons or entitieswhichwouldbeor might be directly or indirectly affected byanyactionofthecity commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,orcreditor,ifinany instance the transaction ormatterwouldaffect the person defined In paragraph (b)(1)Inamanner distinct fromthemannerin which itwould affect the public generally.Anypersonincludedinthetermdefinedinparagraph (b)(1)whohasanyofthespecifiedrelationships or whowould or might,directly or indirectly,realizeaprofitbytheactionofthecitycommissionshallnot vote on or participate inanywayin the matter. (E)Gifts. (1)Definition.Theterm "gift"shall refertothetransferof anything of economic value,whetherintheformof money,service,loan,travel,entertainment,hospitality,itemorpromise,orinany other form,without adequateand lawful consideration. (2)Exceptions.Theprovisionsofparagraph (e)(1)shallnotapplyto: a.Political contributions specifically authorizedbystate law; b.Giftsfromrelatives or membersofone'shousehold,unlessthepersonisaconduitonbehalfofathirdparty to thedeliveryofagiftthatis prohibited underparagraph(3); c.Awards for professional or civic achievement; d.Materialsuchasbooks,reports,periodicals orpamphlets which aresolely informational or ofanadvertising nature. (3)Prohibitions.Apersondescribedinparagraphs(b)(I)through(6)shallneithersolicit nor demandanygift.Itis also unlawful foranypersonorentitytooffer,give or agreetogivetoanypersonincludedinthetermsdefinedin paragraphs (b)(1)through(6),or foranyperson included intheterms defined inparagraphs (b)(1)through(6)to accept or agree to acceptfrom another person or entity,anygiftfor or becauseof: a.An official publicactiontaken,or tobetaken,or whichcouldbetaken,oranomission or failuretotakeapublic action; b.A legal dutyperformedortobeperformed,or which couldbeperformed,oranomissionor failure toperform alegalduty; c.A legal dutyviolatedortobeviolated,orwhichcouldbe violated byanyperson included inthetermdefinedin paragraph (b)(1);or d.Attendanceorabsencefromapublic meeting atwhich official actionistobetaken. (4)Disclosure.Any person included intheterm defined in paragraphs (b)(1)through (6)shall disclose any gift,or seriesof gifts fromanyonepersonorentity,having a value inexcessof $25.00.Thedisclosure shall bemadeby filing acopyofthedisclosureform required by chapter 112,FloridaStatutes,for"local officers"with the city clerksimultaneously with the filing ofthe form withtheclerkofthecountyandwiththe Florida Secretary ofState. (0 Compulsory disclosureby employees of firmsdoingbusinesswiththecity. Should anyperson included intheterms defined in paragraphs (b)(1)through(6)beemployedbyacorporation, firm,partnership or business entityin which thatpersonorthe immediate family doesnot have a controlling financial interest,andshouldthecorporation,firm,partnership or business entity have substantial business commitments toorfromthecityoranycity agency,orbesubjecttodirect regulation bythecityoracity agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk ofthe city. (g)Exploitation of official position prohibited. Noperson included intheterms defined in paragraphs (b)(1)through (6)shall corruptly useorattempttousean official position tosecure special privileges or exemptions forthatpersonorothers. (h)Prohibitiononuse of confidential information. Noperson included intheterms defined in paragraphs (b)(1)through (6)shall accept employment or engage in anybusiness or professionalactivitywhichonemight reasonably expect would requireor induce oneto disclose confidential information acquired by reason ofan official position,nor shall thatperson in fact ever disclose confidential Information garnered or gained through an Page28of74 Thomas F.Pepe 2-21-2017 official positionwiththe city,nor shall thatpersoneveruse such information,directly or indirectly,forpersonal gain or benefit. (2)Conflicting employment prohibited. No person included intheterms defined in paragraphs (b)(1)through (6)shall accept other employment which would impair independence of judgment intheperformanceof any public duties. (j)Prohibitionon outside employment (1)Noperson Included intheterms defined in paragraphs (b)(6)shall receive any compensation forservicesasan officer or employee ofthecityfromanysourceotherthanthe city,exceptas may bepermittedas follows: a.Generally prohibited.No full-time city employee shall acceptoutside employment,either incidental,occasional or otherwise,wherecity time,equipment or material istobe used orwhere such employment or any partthereofis tobeperformedon city time. b.When permitted.A full-time city employee may accept incidental or occasional outside employment so long as such employment isnotcontrary,detrimental oradversetotheinterestofthe city oranyofitsdepartmentsand theapproval required insubparagraphc.is obtained. c.Approval of department head required.Any outside employment by any full-time city employee mustfirstbe approvedinwritingbytheemployee'sdepartmentheadwho shall maintain acompleterecordofsuch employment. d.Penalty.Anyperson convicted of violating any provision ofthis subsection shall bepunishedasprovidedin section I-I I oftheCodeof Miami-Dade County and,in addition shall be subject to dismissal bythe appointing authority.The city may alsoassess against a violator a fine notto exceed $500.00 and thecostsof investigation incurredbythecity. (2)All full-time city employees engaged in any outside employment for any person,firm,corporation orentity otherthanthe city,or any ofits agencies or instrumentalities,shall file,underoath,an annual report indicating the sourceoftheoutsideemployment,thenatureoftheworkbeingdoneandanyamountofmoneyor other considerationreceivedbytheemployeefromthe outside employment.Cityemployee reports shallbefiledwith thecity clerk.Thereports shall be available atareasonabletimeandplacefor inspection bythe public.Thecity managermay require monthly reports from individual employeesorgroupsofemployeesforgoodcause. (k)Prohibited investments. Nopersonincludedinthe terms definedinparagraphs (b)(1)through(6)oramemberoftheimmediate family shallhavepersonalinvestmentsinany enterprise whichwill create asubstantialconflict between private interests and the public interest. (I)Certain appearances and payment prohibited. (1)No person includedin the terms definedin paragraphs (b)(1),(5)and(6)shall appear before anycity board or agencyandmakea presentation onbehalfofathirdpersonwith respect to any matter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orotherbenefitsoughtbythethirdperson.Nor shall thepersonreceiveanycompensationor gift,directlyor indirecdy,forservicesrenderedtoathirdperson,who has applied fororisseekingsomebenefitfromthecityoracity agency,inconnectionwiththeparticular benefit soughtbythethirdperson.Nor shallthepersonappearinanycourt or beforeanyadministrative tribunal as counselor legal advisortoapartywhoseeks legal relieffromthe city ora city agency throughthesuitinquestion. (2)Noperson included inthe terms definedinparagraphs(b)(2),(3)and(4)shallappearbeforethecity commission or agencyonwhich the person serves,either directly or throughanassociate,andmakea presentation onbehalfofathirdpersonwith respect to anymatter,license,contract,certificate,ruling,decision, opinion,rate schedule,franchise,or other benefitsoughtbythethirdperson.Nor shallsuchpersonreceiveany compensation or gift,directly or indirectly,forservices rendered toathirdpartywhohasappliedfor or isseeking somebenefitfromthe city commissionor agency onwhichthepersonservesinconnectionwiththeparticular benefit soughtbythethird party.Nor shall thepersonappearin any courtor before any administrative tribunal as counselor legal advisortoathirdpartywhoseeks legal relieffromthecity commission or agencyonwhichsuch person serves through the suitin question. (m)Actions prohibited whenfinancialinterestsinvolved. Noperson included in thetermsdefinedin paragraphs (b)(I)through(6)shall participateinany official action directlyorindirectly affecting a business in which thatpersonoranymemberoftheimmediate family hasa financial interest.Afinancial interest isdefinedinthis subsection to include,but notbelimitedto,any direct or indirect interest inany investment,equity,or debt (n)Acquiringfinancial interests. No person includedinthetermsdefinedinparagraphs (b)(1)through(6)shallacquirea financial interest ina project,businessentity or property atatimewhentheperson believes or hasreason to believethatthe financial Page29of74 Thomas F.Pepe 2-21-2017 interest maybedirectlyaffectedby official actions or by official actionsbythecityorcityagencyofwhichthe personisan official,officeroremployee. (0)Recommending professional services. Noperson included inthetermsdefinedin paragraphs (b)(1)through(4)mayrecommendtheservicesofany lawyer or law firm,architect or architectural firm,publicrelationsfirm,orany other person or firm,professional or otherwise,toassistinany transaction involving thecity or anyofitsagencies,provided that a recommendation may properly bemadewhen required to bemadeby the dutiesof officeandinadvanceatapublicmeeting attended by other city officials,officers or employees. (p)Continuing application after city service. (1)No person included inthetermsdefinedinparagraphs (b)(1),(5)and(6)shall,foraperiodoftwoyearsafter his or hercityservice or employmenthas ceased,lobbyanycity official [as defined inparagraphs (b)(1)through(6)]inconnectionwithany judicial or other proceeding,application,Solicitation,RFQ,bid,request forruling or other determination,contract,claim,controversy,charge,accusation,arrest or other particular subjectmatterinwhichthecity or oneofits agencies is apartyorhasanyinterestwhatever,whetherdirector indirect Nothingcontainedinthissubsection shall prohibitany individual fromsubmittingaroutineadministrative requestor application toacity department or agency duringthetwo-yearperiodafterhisorherservicehas ceased. (2)The provisions ofthesubsection shall not apply topersonswhobecome employed by governmental entities, 501 (c)(3)non-profit entities or educational Institutions or entitles,andwho lobby on behalf ofthoseentitiesin their official capacities. (3)Theprovisionsofthissubsectionshall apply toallpersonsdescribedinparagraph(p)(l)whosecityserviceor employmentceasedaftertheeffectivedateoftheordinancefromwhichthissectionderives. (4)Nopersondescribedinparagraph(p)(l)whosecityserviceoremploymentceasedwithintwoyearspriorto the effective dateofthisordinanceshallforaperiodoftwoyearsafterhis or herserviceoremployment enter intoa lobbying contracttolobbyanycity official in connection withanysubjectdescribed In paragraph (p)(l)in which thecityoroneofits agencies isapartyorhasanydirectand substantial interest;and in which heorshe participateddirectlyorindirectlythrough decision,approval,disapproval,recommendation,therenderingof advice,Investigation,orotherwise,duringhisorhercity service or employment.Aperson participated "directly" whereheorshewas substantially involved intheparticularsubjectmatterthrough decision,approval,disapproval, recommendation,the renderingofadvice,investigation,orotherwise,duringhis or hercityservice or employment Aperson participated "indirectly"whereheorshe knowingly participated inanyway in the particular subjectmatter through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,duringhisorhercityserviceoremployment All personscoveredbythisparagraph shall execute an affidavit onaformapprovedbythecityattorneypriorto lobbying anycity official attestingthatthe requirementsofthis subsection donotprecludethepersonfrom lobbying city officials. (5)Anypersonwho violates thissubsection shall besubjecttothe penalties provided insection 8A-2(p). (q)City attorney to render opinions on request. Wheneveranyperson included intheterms defined in paragraphs (b)(1)through(6)and paragraph (b)(9)isin doubt as to the proper interpretation or application ofthis conflict of interest andcodeofethicsordinance,or wheneveranypersonwhorendersservicestothecityisindoubtastothe applicability ofthe ordinance that person,maysubmit to thecity attorney a full writtenstatementofthefactsandquestions.The city attorneyshall thenrenderanopiniontosuchpersonand shall publish these opinions withoutuseofthenameoftheperson advisedunlessthe person permits the useofaname. (Ord.No &99-168Q,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed §§8A-Iand 8A-2 intheirentiretyand replaced them withnew§§ 8A-I and8A-2.Former §§8A-Iand8A-2 pertained to declaration ofpolicyanddefinitions,respectively,and derivedfromOrd.No,634,§§I (I A-1),I (1A-2)adopted Jan.II,1969. Page 30 of74 Thomas F.Pepe 2-21-2017 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION Thisaffidavitis not required for compliance with the City'sSolicitation;however,itmaybe used to avoid the need to register members ofyour presentation team aslobbyists.Pursuant toCity Ordinance 28-14- 2206 (c)(9),anypersonwho appears asa representative foran individual orfirmforanoral presentation before aCity certification,evaluation,selection,technical revieworsimilar committee,shalllistonan affidavitprovidedby the Citystaff,allindividualswhomaymakea presentation.Theaffidavitshallbe filedby staff with the Clerk'soffice at the time the committee's proposal is submitted to the City Manager.For the purpose ofthis subsection only,the listedmembersof the presentation team,with the exception ofany personotherwise required to register asalobbyist,shall not be required topayany registration fees.No person shall appear before any committee onbehalfofananyoneunlessheorshe has been listed as part of the firm's presentation team pursuant tothis paragraph or unless he or she is registered with the CityClerk'sofficeasalobbyistandhaspaidallapplicablelobbyist registration fees. Pursuant to'92.525(2),Florida Statutes,the undersigned,,makes the following declaration under penalty ofperjury: Listed below areallindividuals who maymakea 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 aspart of the firm's presentation team pursuant to this paragraphor unless he or she is registered with the Clerk's office asa lobbyist and haspaid all applicable lobbyist registration fees. NAME TITLE 0rW\n Wiittto YVesiten\ For the purpose of this Affidavitof Representation only,the listed members of the presentation team, with the exception ofany person otherwise required to register asalobbyist,shallnotbe required to payany registration fees.The Affidavit of Representation shallbefiledwith the CityClerk'sofficeat the time the committee's proposal is submitted to the Cityas part of the procurement process. Underpenaltiesofperjury,I declare that I havereadtheforegoingdeclarationand that the facts stated initare true andspecifically that the persons listedabove are the members of the presentation team of the entity listed below. Executed&his 3"°fcav of *WcU 20 (H ReprSignaturepfRepres^fv c PrintNameandTitle \Printnameofentitybeing represented Signature pf Represon ative f\A i ,"1 n J Print Nama and Title \DHnt n^mo rvf omtitw homo rohrccantorl END OF SECTION t I i Page 31 of74 i Thomas F.Pepe i 2-21-2017 i Exhibit I Scope of Services Attachment A Tennis Fence Installation at Brewer Park RFP #PR2017-05 I.Scope of Work: TheCity'sParksandRecreationDepartmentis soliciting proposalsfrom qualified companies to remove anddisposeof855linearfeetof 10'tall fencing.Terminalpoles andtheir footers shall beremovedandlinepolescutoffattheirbase.Theawarded Respondentshall install newpolesset 8'ft.on center utilizing DQ40 Permafused II heavy mill vinyl coatedverticalpipeandCQ20topand bottom rail. Newchainlinkfabricshallbeprovidedand shall beClass2b fusion bonded fabric,9 core gaugex I-3/4'*meshsize.Thenewchainlinkfenceshallbe: •300linearfeetof IT tall fencing alongthewestsideandsouthendofthetennis courts (tostopballsfrom going intowater)with4"O.D.terminalpoles, •3"O.D.linepoles; •555linear feet of 10'tallfencewill replace remaining court fencingwith3"O.D. terminalpoles, •2-1/2"O.D linepolesas per existingfencelayout. •Includefour(4)walkgates:two(2)forsouthtennis court andone(I)for hardball/racquetball court. Respondentisresponsibletofurnishand install oftwo(2)appropriate size Tuffy brand or equivalent,custom windscreens attennis court north end (estimated 9'high x 50* 10")andsouthend(estimated9'high x50'6").Equivalentbrands/manufacturers of custom windscreens shall be atthe sole discretion of the City. Each windscreen will featuretheCity'slogo(onecolorwhite,approximately 4'High x proportionate width).Note:A City Logo file suitable for reproducing the logo will be provided to the awarded Respondent. Thework specified in this Request for Proposal (RFP)consists of furnishing all labor (including subcontractors),plans and technical specifications,installation,machinery, tools,meansoftransportation,supplies,equipment,materials,permits,root pruning, coordinationwithany utility companies (i.e.power,gas,water),dumpster(s),disposal of materials andservicesnecessarytoperformthe following work.In addition,the contractor isresponsibleforerectingconstructionsafety fencing,cones,etc.attheend ofeachworking day.RespondentsmustcontactSunshine 811 to coordinate the process between excavators and member utilities in Florida sothatthey can mark the approximatelocationofunderground lines,pipesandcablesonconstructionsite. Respondent shall confirm withthe City's Project Manager forthis project contactwas made with Sunshine 811 and underground utilities,lines,pipes and cables,etc.,have been identified. Page 34 of 74 Thomas F.Pepe 2-21-2017 Permitfeesare waived for permits issued bytheCityof South Miami.Permitfeesfrom othergovernmententities,if required,shall bethe responsibility oftheRespondent however,inall cases;itisthe responsibility of Respondents tosecureanyand all permits that mayberequiredforthisproject. II.Site Location: ThesiteislocatedwithintheCityofSouth Miami;BrewerPark,6300SW56 Street, South Miami,Florida,33143.Refer to Exhibit /,Attachment B,"Link to the City's website and Brewer Park." III.Project Duration Thecurrentestimatetocompleteconstructionofthenew fence projectis 60 working days fromissuanceof Notice to Proceed. IV.Warranty The standard manufacturer'swarrantyinformationmustbeprovidedinwritingforall equipmentbeing proposed,including installation byanauthorizeddealer,before final paymentismade.Ataminimum,Contractor shall warranty the completed work tobe freeofsignificantdefectsinworkmanshipandmaterialsforaperiodof one (I)year. SPECIAL NOTE; A Performance Bond is NOT required for this project. END OF SECTION Page 35of74 Thomas F.Pepe 2-21-2017 Exhibit 1 Scope of Services Attachment B Tennis Fence Installation at Brewer Park RFP #PR2017-05 LINK TO THE CITY'S WEBSITE AND BREWER PARK, 6300 SW 56 STREET,SOUTH MIAMI,FLORIDA,33143: http^/www^soythmiamifS.gov/Seidex^aspxfNiD^^i Page36of74 Thomas F.Pepe 2-21-2017 EXHIBIT 2 INSURANCE &INDEMNIFICATION REQUIREMENTS Tennis Fence Installation at Brewer Park RFP#PR20l7-05 Insurance Requirements Without limiting its liability,thecontractor,consultant or consulting firm (hereinafter referredtoas "FIRM"with regard to Insurance and Indemnification requirements)shall be required toprocureand maintain at itsownexpenseduringthe life oftheContract,insurance ofthetypesandinthe minimum amountsstatedbelow as will protectthe FIRM,from claims which may ariseoutoforresultfromthecontractorthe performance ofthe contractwiththeCityof South Miami,whether such claim is against the FIRM or any sub-contractor,orbyanyone directly or indirectly employed byanyofthemorby anyone forwhoseactsanyofthem may be liable. No insurance requiredbythe CITY shall be issued or writtenbyasurplus lines carrierunlessauthorized inwritingbytheCITYandsuch authorization shallbeat the CITY'ssoleand absolute discretion.The FIRM shall purchase insurance fromand shall maintain the insurance witha company or companies lawfully authorizedtosell insuranceintheStateof Florida,onforms approved bytheStateof Florida,as will protectthe FIRM,ata minimum,fromall claims assetforthbelowwhich may ariseoutoforresultfromthe FIRM's operationsunderthe Contractandfor which the FIRM may be legally liable,whethersuch operations bebythe FIRM orbya Subcontractor orby anyone directly or indirectly employed byanyof them,orby anyone forwhoseactsanyof themmaybe liable:(a)claims under workers'compensation,disability benefitandother similar employee benefit actswhichare applicable totheWorktobeperformed;(b)claims fordamagesbecauseofbodilyinjury, occupationalsickness or disease,ordeathofthe FIRM's employees;(c)claims for damages becauseofbodily injury,sicknessordisease,or deathofany person other than the FIRM's employees;(d)claims for damages insuredbyusualpersonalinjury liability coverage;(e)claimsfor damages,other thantothe Work itself,because ofinjurytoordestructionof tangible property,including lossofuse resulting therefrom;(f)claims for damages because ofbodily injury,deathofaperson or propertydamage arising outofownership,maintenance or useofa motor vehicle;(g)claims for bodily injury orproperty damage arising outof completed operations;and(h)claims involving contractual liability insuranceapplicabletothe FIRM's obligations under the Contract. Firm'sInsurance Generally.The FIRM shallprovideand maintain inforceandeffectuntilalltheWork to beperformedunderthisContracthasbeencompletedandacceptedby CITY (orforsuch duration asisotherwise specifiedhereinafter),theinsurancecoveragewrittenonFloridaapprovedformsandas set forth below. Workers1CompensationInsuranceatthe statutory amountastoallemployeesincompliancewiththe "Workers'Compensation Law"oftheStateof Florida including Chapter440,Florida Statutes,aspresentlywritten or hereafter amended,andail applicable federal laws.In addition,the policy (ies)mustinclude:Employers'Liability atthestatutorycoverage amount The FIRM shall furtherinsurethat all ofitsSubcontractors maintain appropriate levelsof Worker's Compensation Insurance. Commercial Comprehensive General Liability insurancewithbroadform endorsement,aswellas automobile liability,completedoperationsandproducts liability,contractual liability,severability ofinterestwith cross liability provision,andpersonalinjuryandpropertydamage liability with limits of$1,000,000 combined single limit per occurrence and$2,000,000aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000perperson; •Property Damage:$500,000eachoccurrence; Umbrella CommercialComprehensiveGeneral Liability insuranceshallbe written onaFloridaapproved formwiththesamecoverageastheprimaryinsurancepolicybutintheamountof $1,000,000 per claimand $2,000,000AnnualAggregate.Coveragemustbeaffordedonaformno more restrictivethan the latest edition of Page 37 of 74 Thomas F.Pepe 2.21-20(7 the Comprehensive General Liability policy,without restrictive endorsements,as filed bytheinsuranceServices Office,and must include: (a)Premisesand Operation (b)Independent Contractors (c)Productsand/or Completed Operations Hazard (d)Explosion,CollapseandUndergroundHazardCoverage (e)Broad FormProperty Damage (f)BroadFormContractualCoverage applicable tothisspecificContract,including anyholdharmless and/orindemnification agreement. (g)Personal Injury Coveragewith Employee and Contractual Exclusions removed,withminimumlimitsof coverage equal tothoserequiredfor Bodily Injury Liability andProperty Damage Liability. Business Automobile Liability withminimumlimitsof One Million Dollars ($1,000,000.00)plusan additional One Million Dollar ($1,000,000.00)umbrella per occurrencecombinedsingle Omit forBodily Injury Liability andPropertyDamage Liability.Umbrella coveragemustbeaffordedon a formnomorerestrictivethan thelatesteditionoftheBusinessAutomobile Liability policy,without restrictiveendorsements,as filed bywiththe state of Florida,and must include: (a)OwnedVehicles. (b)Hiredand Non-Owned Vehicles (c)Employers1 Non-Ownership Subcontracts:The FIRM agreesthatifanypartofthe Work undertheContractissublet,thesubcontract shallcontainthesameinsuranceprovisionas set forthin these insuranceandindemnification requirements,other thanthe Fire andExtendedCoverage Insurance andsubstitutingthewordSubcontractorfortheword FIRM where applicable. Fire andExtendedCoverage Insurance (Builders*Risk),IF APPLICABLE: In the event that this contract involves the construction of a structure,the CONTRACTOR shall maintain,withan Insurance Companyor Insurance CompaniesacceptabletotheCITY,"Broad"form/AllRisk Insuranceon buildings and structures,including Vandalism&Malicious Mischiefcoverage,whileinthe course of construction,including foundations,additions,attachmentsandallpermanentfixturesbelongingtoandconstituting apartofsaid buildings orstructures.Thepolicyor policies shall alsocovermachinery,ifthecostofmachineryis includedinthe Contract,orif the machineryislocatedinabuildingthat is being renovated byreason of this contract.Theamountofinsurancemust,at all times,beatleastequaltothereplacementandactualcashvalueof the insuredproperty.Thepolicy shall beinthenameofthe CITY andthe CONTRACTOR,astheirinterestmay appear,and shall alsocovertheinterestsof all Subcontractors performing Work. Alloftheprovisions set forthinthe Miscellaneous sectionbelow shall apply to thiscoverageunlessit wouldbeclearlynot applicable. Miscellaneous: Ifanynoticeof cancellation of insurance or change in coverage isissuedbythe insurance companyor shouldany insurance haveanexpirationdatethatwilloccur during theperiodofthis contract,the FIRM shall be responsible for securing other acceptable insurance priortosuch cancellation,change,or expiration soasto provide continuous coverage as specified inthissectionandsoasto maintain coverage during the life ofthis Contract All deductibles mustbe declared bythe FIRM and mustbe approved bythe CITY.Attheoptionofthe CITY,eitherthe FIRM shall eliminate orreducesuch deductible orthe FIRM shall procureaBond,inaform satisfactoryto the CITYcoveringthesame. The policies shall contain waiver of subrogation against CITYwhere applicable,shall expressly provide thatsuchpolicyorpoliciesareprimaryoverany other collectibleinsurancethat CITY mayhave.TheCITY reservesthe right atanytimetorequestacopyofthe required policies forreview.All policies shall contain a "severability of interest"or"cross liability"clause without obligation for premium payment oftheCITYaswellas contractual liability provision covering the Contractors dutyto indemnify theCity as provided inthis Agreement. Page 38of74 Thomas F.Pepe 2-21-2017 Beforestartingthe Work,the FIRM shall delivertotheCITYandCONSULTANT,ifany,certificatesof such insurance,acceptabletothe CITY,aswellasthe insurance binder,Ifoneis issued,the insurance policy, including the declaration pageand all applicable endorsementsandprovidethename,addressandtelephone numberoftheinsuranceagentor broker throughwhomthepolicywasobtained.Theinsurer shall berated A.VII or better perA.M.Best's KeyRatingGuide,latesteditionandauthorizedtoissue Insurance intheStateof Florida. All insurance policies mustbewrittenonformsapprovedbytheStateof Florida andtheymust remain in full force andeffectforthedurationofthecontractperiodwiththeCITY.The FIRM mayberequiredbytheCITY,atits solediscretion,toprovidea"certifiedcopy"ofthe Policy (asdefinedinArticle I ofthisdocument)whichshall include the declaration pageand all requiredendorsements.In addition,the FIRM shall deliver,atthetime of delivery of the insurance certificate,the following endorsements: apolicyprovision or an endorsement with substantially similar provisionsas follows: "TheCity of South Miami is an additional insured.Theinsurer shall pay all sumsthattheCityofSouth Miami becomes legally obligated topayas damages becauseof'bodily injury",'property damage',or "personal and advertising injury"anditwillprovidetotheCity all ofthe coverage that Is typically providedunderthe standard Florida approved formsfor commercial general liability coverage A and coverage B"; a policy provision oranendorsementwith substantially similar provisions as follows: "This policy shall notbe cancelled (including cancellation for non-payment of premium),terminated or materially modified withoutfirst giving theCityofSouth Miami ten (10)days advanced writtennoticeoftheintent to materially modify the policy orto cancel orterminatethe policy forany reason.The notification shall be delivered totheCityby certified mail,withproofof delivery tothe City." Contractor's Responsibility Prior to Receivinga Notice to Proceed PriortotheCity issuing aNoticeto Proceed,thecontractor shall deliveracopy(eitherhardcopyor, preferably,electronically)ofthe policy,including the declaration page ofthepolicyand all endorsements tothe policyandprovide the Citywiththename,address,including emailaddress,andphone number of the contractor'sinsuranceagent. TheContractor's insurance agentmustprovidetheCitywithevidencethattheinsurer issuing thepolicy is licensed andauthorizedtodobusinessin Florida,thattheformofthepolicybeingissuedhasbeenapprovedby theStateof Florida andthatthe insurance carrier thatis issuing the policy is not issuing thepolicyasa surplus lines carrier.Theagent shall also provide acitationtothe page numberofthe policy,ortheformnumberofthe endorsement,and highlight therelevant language oftheportionofthepolicyand/orthe endorsements that,inhis orherestimation,meets the following City insurance requirements: a)thecityisanadditionalinsured; b)coverageincludescontractual liability; c)theCity will be provided atleast 10 days advanced noticeofany cancellation ofthe policy,including cancelationfornon-paymentofpremium,andatleast30days'advancednotice of anymaterialchangestothe policyorof cancellation foranyreasonotherthan non-payment;and d)eithera policy provision oranendorsement providing thatthe policy is primary and non-contributory, suchasanendorsementthat provides thatthevendor'spolicyis primary over ail ofthecity's applicable insurance andthattreatsthecity'spoliciesasexcess coverage. Itmaybethatsomeofthese provisions are combined intooneendorsementorcontainedinthe policy itself. Ifthe policy doesnothaveaprovisionorendorsementthat provides theCitywithadvancednoticeof cancellation asrequiredbytheCity,thecontractormaystillcomplywiththeCity's insurance requirement ifthe contractorprovides the Citywithproofthat the policypremiumhasbeenpaidin full andprovidedthecontractor makes arrangements withits insurance companytoallowtheCitytoconfirm,monthly,thatthepolicyisin full forceandeffect.In addition,the ContractormusteitherpaytheCityamonthlymonitoringfee,currentlysetat $25permonth,orhave the amount deducted fromthe Contractor's draws/payments. Page 39 of 74 * Thomas F.Pepe 2-21-2017 Indemnification Requirement A.TheContractoracceptsand voluntarily incurs all risksofany injuries,damages,orharmwhich might arise during theworkoreventthat Is occurring onthe CITYs property duetothe negligence orother fault oftheContractororanyone acting throughoronbehalfoftheContractor. B.TheContractor shall indemnify,defend,saveand hold CITY,its officers,affiliates,employees, successors and assigns,harmless from any and all damages,claims,liability,losses,claims,demands,suits,fines, judgments orcostandexpenses,including reasonable attorney's fees,paralegal fees and investigative costs incidental theretoand Incurred priorto,during or following any litigation,mediation,arbitration andat all appellate levels,whichmaybesufferedby,or accrued against,charged toor recoverable fromtheCityofSouth Miami,itsofficers,affiliates,employees,successorsand assigns,byreasonofanycauses of actionsor claim of any kindornature,including claimsforinjuryto,ordeathofanypersonorpersonsandforthelossor damage to any property arising outofa negligent error,omission,misconduct,oranygross negligence,intentional actor harmful conductoftheContractor,itscontractor/subcontractororanyoftheirofficers,directors,agents,representatives, employees,or assigns,oranyoneactingthroughoronbehalfofanyofthem,arising outofthisAgreement, incidenttoit,or resulting fromtheperformanceor non-performance oftheContractor's obligations underthis AGREEMENT. C.TheContractor shall pay all claims,lossesandexpensesofanykindornaturewhatsoever,in connectiontherewith,including the expense orlossoftheCITYand/oritsaffectedofficers,affiliates,employees, successorsand assigns,includingtheir attorney's fees,inthedefenseofanyactioninlaworequitybroughtagainst themand arising from the negligenterror,omission,oractoftheContractor,itsSub-Contractororanyoftheir agents,representatives,employees,or assigns,and/orarising out of,orincidentto,this Agreement,orincident to orresultingfromtheperformanceornon-performanceoftheContractor's obligations underthis AGREEMENT. D.The Contractor agreesandrecognizesthatneithertheCITYnoritsofficers,affiliates, employees,successorsandassigns shall beheld liable orresponsibleforanyclaims,including the costsand expenses ofdefendingsuchclaimswhichmayresultfromorarise out ofactionsoromissionsofthe Contractor, itscontractor/subcontractororanyoftheiragents,representatives,employees,or assigns,oranyone acting throughoronbehalf of thethem,andarisingoutoforconcerningthe work or event thatisoccurringon the CITY's property.Inreviewing,approvingorrejectinganysubmissionsoractsoftheContractor,CITYinnoway assumesorshares responsibility orliabilityfor the actsoromissionsof the Contractor,its contractor/subcontractor oranyoftheiragents,representatives,employees,or assigns,oranyoneactingthrough or on behalf of them. E.The Contractor hasthedutytoprovideadefensewithan attorney orlaw firm approvedbythe CityofSouth Miami,which approval will not be unreasonably withheld. F.However,asto design professional contracts,andpursuanttoSection725.08(I),Florida Statutes,noneoftheprovisionssetforthhereinabovethatarein conflict with this subparagraph shall apply and this subparagraph shall set forththesole responsibility ofthe design professionalconcerning indemnification.Thus, the desigjn professional's obligations astotheCityandits agencies,aswellastoitsofficersandemployees,isto indemnify andholdthem harmless from liabilities,damages,losses,andcosts,including,butnot limited to, reasonable attorneys*fees,tothe extent causedbythe negligence,recklessness,or intentionally wrongfulconduct ofthe design professional and otherpersons employed or utilized bythe design professional inthe performance of the contract END OF SECTION Page 40 of 74 Thomas F.Pepe 2-21.2017 AiCORCf CERTIFICATE OF LIABILITY INSURANCE OATE(MMJDDfYYYY) 03/23/2017 THISCERTIFICATEISISSUED AS AMATTEROF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHE CERTIFICATE HOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTEND ORALTERTHECOVERAGE AFFORDED BYTHEPOLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,ANDTHE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policies)mustbe endorsed,if SUBROGATION IS WAIVED,subjectto the terms andconditionsofthepolicy,certainpoliciesmayrequirean endorsement Astatementonthiscertificatedoesnotconferrightstothe certificate holder in lieu ofsuch endorsement(s). PRODUCER The Contractors Choice Agency PO Box 13645 Chandler AZ 85248 INSURED Cunano Builders Corp. 16259 SW 81Street Miami FL 33193 sagCTjopBodk PHONE e^(800)918-3584 address:^onQngtosuranceoiiIine.com INSURER(S)AFFOR01NO COVERAGE insurer A :Lloydrs of London TJW INSURER B; INSURER C: INSURER D : INSURER E: FAX (AFC.Nol:..<877>684-9951 NAIC# 15792 USURER F: COVERAGES CERTIFICATE NUMBER£L16122335144 REVISION NUMBER: THIS IS TOCERTIFYTHATTHEPOLICIESOFINSURANCE USTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERMOR CONDITION OFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICH THIS CERTIFICATE MAYBEISSUEDORMAY PERTAIN.THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN ISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVEBEEN REDUCED BYPAID CLAIMS. sTJBr mo. mm iBSEL FNSR LTR TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY 1CLAIMS-MADE 1X i OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: OTHER: •LOG AUTOMOBILE LIABILITY ANY ALTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS UMBRELLA LtAB EXCESS LlAB OCCUR CLAIMS-MADE PEP RETENTIONS WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y /N ANY PROPRfETOR/PARTNER/EXEGUTIVE ~ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes,describeundertfy< DB•SCRIPTtON OF OPERATIONS below • POLICY NUMBER DCCSOL01594-00 N/A POLICY EFF tMM/DD/YYYY) 12/22/2016 POLICY EXP IMM/OQ/YYYYl 12/22/2017 LIMITS EACH OCCURRENCE DAMAGE YOREhiTED PREMISES (Ea occurrence) MEDEXP(Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG COMBINED SINGLE LIMIT (Ea gcciderrt) BODILYINJURY(Perperson) BODILY INJURY (Per acciderrQ PROPERTY DAMAGE (Peracridenti EACH OCCURRENCE AGGREGATE PER STATUTE oTFT ER E.L.EACH ACCIDENT E.L.DISEASE-EA EMPLOYEE $ E.L DISEASE -POLICY LIMIT 2,000,000 50,000 5,000 2,000,000 4,000,000 4,000,000 DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES(ACORDf 01,Additional Remarks Schedule,maybeattached If more space Is required) CERTIFICATE HOLDER CANCELLATION (305)663-6355 City of South Miami 6130 Sunset Dr South Miami,FL 33143 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE Robert Rock/JON J^^-^X^^^s^^-^^^/^- <§>1988-2014 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORDACORD25(2014/01) IN SO25 rcnijrm A£^Rrf CERTIFICATE OF LIABILITY INSURANCE ™v£££ 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,EXTENDOR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THISCERTIFICATEOF INSURANCE DOESNOT CONSTITUTE A CONTRACT BETWEEN THEISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:Ifthecertificateholderis an ADDITIONAL INSURED,the poficyfles)mustbeendorsed.If SUBROGATION IS WAIVED,subjectto the terms and conditions ofthepolicy,certainpoliciesmayrequirean endorsement.A statement onthiscertificate does notconferrightstothe certificate holder inlieu of such endorsements). PRODUCER Orange Insurance Services 221 E.9th Street Hialeah,FL 33010 Phone (305)884-8515 INSURED CUNANO BUILDERS CORPORATION 16259 SW 81 STREET MIAMI,FL 33193 Fax (305)884-1779 COVERAGES CERTIFICATE NUMBER: CONTACT NAftJE: PHONE (A/C,No,Ext): E-MAIL ADDRESS: INSURER Ar INSURER 8: INSURER C: INSURER D: INSURER E: INSURER F: DELLANYMESA "<305)884-8515~"" mdellany73@0mal!.com INSURERjS)AFFORDING COVERAGE _ ASC ENDANT COMMERCIAL 1NSURANC E FAX (A/C,No). REVISION NUMBER: (305)884-1779 THISISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TOTHE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERMORCONDITIONOFANY CONTRACT OROTHERDOCUMENTWITH RESPECT TOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAY PERTAIN.THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE GENERAL LIABILITY f I COMMERCIAL GENERAL LIABILITY :!'•;CLAIMS-MADE C j OCCUR L' GEN'L AGGREGATE LIMIT APPLIES PER: [policy i ;Sect....j..••.loc AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS N/j HIRED AUTOS !•!COMP «•!COMP ;)UMBRELLA L1AB [j 0CCUR EXCESS LIAB i_JCLAIMS-MADE !.J DEO (.J RETENTIONS WORKERS COMPENSATION AND EMPLOYERS*LIABILITY Y/N ANY PROPRiETOR/PARTNER/EXECUTfVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) if yes.describe under DESCRIPTION OF OPERATIONS belo* i SCHEDULED JAUTOS -,NON-OWNEO J AUTOS ADDLSUBR INSR WVD.POLICY NUMBER CA-41179-0 POLICY EFF POLICY EKP .(MM/DO/YYYY).(MW/DD/YYYY).LIMITS 06/08/2016 06/08/2017 EACH OCCURRENCE OAMAGE TO RENTEO PREMISES (Ea occurrence)S MEDEXP(Anyone person)S PERSONAL &ADV INJURY S GENERAL AGGREGATE s PRODUCTS -COMP/OP AGG $ s A COMBINED SINGLE UM!T .iEe A£Pidftf§).„.._.1,000,000.00 BODILY INJURY {Per person)s BODiLY INJURY(Per accident)s PROPERTY DAMAGE(Per acciden!)3 DED s 500,00 EACH OCCURRENCE s AGGREGATE .3 I—WC STATU-r-i OTH- L:TORVLIMITS LJER S EL.EACH ACCIDENT $ EL DISEASE -EAEMPLOYEES E.L DISEASE •POLICY LIMIT s DESCRIPTION OFOPERATiONS /LOCATIONS /VEHICLES (Attach ACORD 101,AdditionalRemarks Schedulo,Ifmorespaceis required) CERTIFICATE HOLDER (3Q5)G$3-6355 CityofSouth Miami 6130 Sunset Dr South Miami,FL 33143 ACORD25 (2010/05)QF CANCELLATION SHOULD ANYOFTHEABOVEDESCRIBED POLICIES BECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN ACCORDANCE WITHTHEPOLICY PROVISIONS. 1988-2010 ACORD;CORPORATION.All rightsreserved. TheACORD name andlogoare registered marksofACORD Producer:Plvmouth Insurance Agency 2739U.S.High*av19N.' Holiday,FL 34691 (727)938-5562 CERTIFICATE OF LIABILITY INSURANCE 33te 03/23/2017 This Certificateis issued asa matter of information onlyand carriers no rights upon the Certificate Hofder.This Certificate does not amend,extend or alter thecoverageaffordedbythepoliciesbelow. insured;SouthEastPersonnel Leasing,inc.&Subsidiaries 2739 U.S.Hiqfwav19N.. Holiday.FL 24691 S^srT" -Su'rf B: rSJ'zf U -5»;*sr0: •rsj*&H. Insurers Affoid-na Coverage NATC - L«or.Jnsuiinee Co?noo*y 1075 Coverages vita respect to After*ti:s »**«»^&*ssuas o*na>paran,3Y5 rare^o*arttr3*3 i)tre aa^ss deecr&se hsren >i swe-a :o an fos te^rt.exousors.an*ocratans orqxs\jx^tc^s A^oregaic ints srovr-na>ft3v*oeen r«n*^o>pa*a ciaiws ATO;.Typ^*f :"SU'3^C* GENERAL LIABILITY Conimerc .ai Ge-:e-3'bah ?I-ty Jaws f^tde ^|Occur general aggregate c».rit apples pe?: AUTOMOBILE LIABILITY £Cf«fti:«!AjJM *retfAjtC£ uw-Oweci alios EXCESS/UMBRELLA LIABILITY B Occur f"|Cians v&j* Dsauaae Fo •-y P<1 v t»o«5-' '-VC71943 '-ofcyEfectve Car* CLWiCl? PoJiCy E*p»ra£cn Date 0l.01.2Cie Limits S3sn oxjrerce Gsragg tso 'en«3 sreTises EA owureBro*; W*6-5X£ -er>i4\3l A:v "jury Se*>€a>*JJQ'5G3Ir &%&)%'£-Ozr%k<8 *§9 Ccrfcr-eeSlivjelW? STpafty r-anage i-afA^er.: rasi uccaflsnce Aggregate (1'WC 3?aW I I OTH- £ft EL.Each Accnte^s EL Disease -Ea Emiroyee :-*.&>:.D3C >:CO:.DX Workers Compensation and Employers'Liability Any jraprfSt&parfner'e.cecuiv-r o^renr.r'nbe' e/c^secT wo I*Yes desert*ur:er spe-:a-prov si&ns eel 0*4 5L.Disease -Policy L*n«ts I 5'.032 cos Other Lton Insurance Company is A.M.Best Company rated A-(Excellent),AMB #12616 Description's of Operations/Locattons/Vehtcles/Exclusions added by Endorsement/Special Provisions:C;ent ID; Cove'eje y-s?rspfces to ctve efs&yeels)cr ScvT £*st Pescr-e-Le<?5 -«g.I~c &SjhsicMes trio?:*••*te*sed tothe rbiiswrtg 'C**n£Cor^r^nv": CunaiiG BuiMen Corporation Cove^je 3--te ^vd'e?.to jinxes -•:.*er bv Souths East Pr'sc^ne;Leas;rig.I"*:.&St:35"dr«fries dct«ve e"»vpbye*»*s"•wiVe /<oi*:rc :^.-FL Covetr^e 55*s nc»t ^p&v to «tor..tG--y ennpbyee»isj o "/reoe-ce^t ;-^-r-^c!3»is >':-r tt>e C-'ent Corjpd'.y -:••<my ot'w entity A •3*of ne j>rjv«err^io-veels::€*sedt«;»Sb CIe-r.Co^any c<»-re c-r-trfiner -^*©»>>3<a 'ecuestto (727/93?-^US ci by c<»i;-^l?V>93S-556^. Project ftenie: O-Dw——*-'i-'* ?2-70-3?S CERTIFICATE BOLDER CANCELLATION ••SSfeiMiSii lW*01* City of South Miami 6130 Sunset Dr South Miami,FL 33143 f95S?aTlSffl«^&o!lllSe3c^ i^fer a<*'erasertc-ra^K03>-s-Afflsennocv3&tc r«cenr-:*eto^braneato?»ele*currwtre 10 I rjc«sqsittii fnpose noeo-'iaa3cr-or •$&ty tf"arytorci jpoT ^e r^jre*ts ag*n&y •*5ptreje*ca1ve5. &&&sua EXHIBIT 3 CONSTRUCTION BID FORM Tennis Fence Installation at Brewer Park RFP #PR2017-05 THIS PROPOSAL IS SUBMITTED TO: Steven Alexander Crty Manager CityofSouth Miami 6130 Sunset Drive South Miami,FL 33143 1.ifthisProposalisaccepted,theundersignedRespondentagreesto enter intoa Contract withtheCityof South Miami intheformincludedinthisSolicitationPackageandtoperformandfurnishallworkas specified or indicatedinthis Solicitation,including assetforthin Exhibit I Attachment A <£Attachment B (Scope of Services)fortheProposedPriceassetforthbelow,withinthe Contract Timeandin accordance withthe other terms andconditionsoftheSolicitation Package. 2.Respondentacceptsallof the termsandconditionsoftheSolicitationandInstructions to Respondents, including without limitation those dealing withthe disposition of Proposal/Bid Bond,ifrequired.This Proposalwillremainsubjecttoacceptancefor 180 calendardays after thedayoftheProposalOpening. TheRespondent,by signing andsubmittingthisproposal,agreestoallofthe terms andconditionsofthe formofcontractthatisapartofthe Solicitation package withappropriate changes toconformtothe informationcontainedinthisBidForm.Respondentagrees to signandsubmittheBonds,if required by thisSolicitation,required insurancedocuments,and other documents required bytheSolicitation, including the Contract ifnotalreadysubmitted,withinten (10)calendardaysafterthedateofthe City's Notice of Award. 3.InsubmittingthisProposal,Respondent represents that: a.Respondenthasexaminedcopiesofallthe Solicitation Documents andof the following Addenda,ifany (receiptofallwhichishereby acknowledged.) Addendum No.1,7 Dated:tktifa 30,?Ol7 b.Respondenthas familiarized himself withthenatureand extent ofthe Contract Documents,theproposed work,site,locality,andalllocalconditionsand laws andregulationsthatinanymannermayaffect cost, progress,performance or furnishingof the Work, c Subsurface conditions:If applicable tothis Solicitation,theRespondent represents that: I.Respondenthasstudied carefully all reports and drawings,if applicable,ofsubsurfaceconditionsand drawingsofphysicalconditions, ii.Respondenthasobtainedand carefully studied(orassumes responsibility forobtainingand carefully studying)allsuchexaminations,investigations,explorations,testsandstudiesinadditionto or to supplementthosereferredtointhis paragraph which pertaintothe subsurface or physical conditions atthesiteorotherwisemay affect thecost,progress,performance,orthe furnishing oftheWorkat the Contract Price,within the Contract Time and in accordance with the other terms and conditions oftheContract Documents.The Respondent hereby acknowledges thatno additional examinations, investigations,explorations,tests,reportsor similar Information ordataare,or will,be required by Respondent foranyreasonin connection with the Proposal.The failure ofthe Respondent torequest a pre-bid markingoftheconstructionsitebyanyorall utility companiesshallcreateanirrefutable presumptionthattheRespondent'sbid,orproposalprice,hastakenintoconsiderationallpossible undergroundconditionsandRespondent,ifawardedthecontract,shallnotbeentitledtoachange order foranysuchconditiondiscoveredthereafter. Page 41 of 74 Thomas F.Pepe 2-21-2017 iii.Respondent has correlated the results of all such observations,examinations,investigations, explorations,tests,reports andstudieswiththetermsandconditionsofthe Contract Documents. iv.Respondent has reviewed and checked all information anddata shown or indicatedin the Solicitation Package orintheContract Documents with respectto existing Underground Facilities or conditions ator contiguous tothesiteand assumes responsibility fortheaccurate location of all Underground Facilities and conditions that may affect theWork.No additional examinations,investigations, explorations,tests,reportsor similar information or data in respectto any Underground Facilities or conditions are,or will be,requiredbyRespondentinordertoperformand furnish theWorkatthe Contract Price,within the Contract Timeandin accordance with the other terms and conditions of theContract Documents unless the Proposal specifically statesthatthecontractpriceis subject to adjustmentforfuturediscoveryofunderground facilities and/orconditionsthataffectthecostof the Workand unless therespondent makes awritten request totheCityfor additional information priortosubmittingthebid or proposalasrequiredinsubsectioniiabove, I.Respondenthas given theCitywrittennoticeof all conflicts,errors ordiscrepanciesthatIthas discoveredin the ContractDocumentsand,ifany conflicts,errors or discrepancies havebeenfound andnotice given,theRespondentrepresents,by submitting itsproposaltotheCity,thatthe Respondent has received sufficient notice ofthe resolution thereoffromthe City,that such resolution is acceptable to Respondent andthatthe Respondent waives any claim regarding the conflicts,errorsor discrepancies. ».This Proposal isgenuineandnotmadeintheinterestoforonbehalfofany undisclosed person,firm or corporationandisnotsubmittedpursuanttoanyagreementorrulesofanygroup,association, organization,or corporation;Respondenthas not directly or indirectlyinduced or solicitedany other Respondenttosubmita false orsham Proposal;Respondenthasnotsolicitedorinducedanyperson, firm orcorporationto refrain from responding;andRespondenthasnotsoughtby collusion or otherwise toobtainforitselfanyadvantageoverany other Respondent or overtheCITY. Respondent understands andagreesthatthe Contract Priceisthe amount that itneeds to furnishand install allofthe Work completeandin place.TheScheduleof Values,ifrequired,isprovidedforthe purposeofProposal Evaluation andwhen initiated bythe CITY,itshallformthebasisfor calculating the pricing of change orders.TheContractPrice shall notbe adjusted inanywaysoastoresultina deviationfromtheScheduleof Values,excepttothe extent thattheCITY changes theScopeofthe Work afterthe Contract Date.Assuch,theRespondent shall furnish alllabor,materials,equipment, tools,superintendence andservicesnecessarytoprovideacomplete,inplace,ProjectfortheProposal Price.IfthisSolicitationrequiresthecompletionofa Cost andTechnicalProposal,asmaybe set forthin inanexhibittothisSolicitation,such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price,otherwise,the Contract Price for the completed work is as follows: LUMP SUM PRICE:.66,950.00 5.The ENTIRE WORK shall becompleted,in full,within 60 working days fromthecommencementdate set forthintheNOTICETOPROCEED.Failure to complete the entire work duringthedescribedtime period shall resultintheassessmentof liquidated damagesasmaybesetforthinthe Contract. 6.InsertthefollowinginformationforfuturecommunicationwithyouconcerningthisProposal: RESPONDENT:QcWUiVO ftf^flfep QflrfclcrkflO Te,ePhone:?9r~-?S9.-V}-)C\ Facsimile:•--• Contact Person Q\M^C>TfrnqAffc? 7.ThetermsusedinthisProposalwhichare defined intheContractshallhavethesame meaning asis assignedtothemintheContractDocuments,unless specifically defined inthisSolicitation Package. Page42of74 Thomas F.Pepe 2-21-2017 8.If aRespondents Cost &TechnicalProposalis required bytheSolicitation,Respondent herebycertifies thatallofthefactsandresponsestothequestionsposedintheRespondents Cost &Technical Proposal, ifsuchanexhibitismadea part ofthe Solicitation,aretrueand correct andareherebyadoptedaspartof this ConstructionBid Form,Exhibit 3,andaremadeapartofthisproposal,byreference. 9.By submitting thisproposal,I,onbehalfofthebusinessthat I represent,herebyagreetothe terms ofthe formof contract containedinthe Solicitation packageand I agreetobeboundby those terms,withany appropriate blankboxes,ifany,checkedandanyblanklinesfilledinwiththe appropriate information containedin the Solicitation Documents andthisProposal,or suchinformation that the Cityand I have agreeduponinthecourseof contract negotiationsandwhichhavebeenconfirmedbytheCityinwriting, including e-mail confirmation,ifany.I herebycertifyunderpenaltyofperjury that I am the lawful representativeofthebusinessentityreferencedinthis Bid Form,that I haveauthoritytobidforthat entity,that I haveauthoritytosigncontractsfor that entityandbindittothose contract termsandthat alloftheinformationand representations containedhereinare true and correct to the best ofmy knowledge,informationandbelief. SUBMITTED THIS 3 DAY OF j\\T\l 20-l Name pfPeijson^Airtporyed to Submit Proposal Fax Number ^,j j Email Address '3 iOW END OF SECTION Page43of74 Thomas F.Pepe 2-21-2017 EXHIBIT 4 CONSTRUCTION CONTRACT Tentiis Fence fiutaOlatiori at Brewer Park RFP#PR20I7.05 s made andentered Into on this iO__by^dbe^en,^hnn<S P.,'.l&r\f^MJ-y^ Xontractor^and the Qty of Scwth Miami (hereafter i^^dto as': referred to as "Cfty"}. WITNESETH:That,,the^otaractor,for the «QJi*ideiraiiwheHd«mwft^ I.The Contractor shall furnish all labor,materials,equipment,machinery,todls,apparatus,transportation and *#after items necessary to perlbm all of the work shown en and described in the Contract 00*umen&and shafl do everything required by this Contract and the other4&krafct Documents her^fhafterrefertedtoastheVVork. X The Contract Documents shall include this Contract,General Conditions to the Contract,if.any.the drawings,plans.sjiaifjcatigns.and project manual,if any,any supplanentat^or sp«^cop^ffiobs,other documents referring to this contract an*signed by the parties,the solicitation dMumertts fherelnafter rrf^rad w&"m Rocunwnis^and any documents to whW those documents refer whlcit are used by ^fOwi«Bras,^BBa>afty attachments orexhibits that are made a pareof am/ofthe dcHKim^desciSbed herein. 3.The Gmtr&stor .shall commence die Work to be performed under this Contract on a-dace tobeapecTBed fta Nbticfe eo Proceed and shall complete aU Work hereunder within the length oftimeser&i&jihuaie 4.The Owner hereby agrees to pay to the Contractor far the faithful performance of this Contract,subject t»additions and deductions as provided It,me Contract Documents and any properly approved,written change orders,in lawful money ofthe United States,the Lump Sum amount of:^-~ S^4*-K~*~P,J«u A«d^t%r~*%toX«*ffi^ftt &\{W»«^*~«rf^4iHSd*o^KP*e^7 -™5^a 1 5.The expenses ofperforming Work after regular working hours,and on Sunday and legal hofTdays shall be rnj^Jn the Contract Price.The Cft*Way demand,at any point In time,-taN&gafc or fjj.of the 2?,V"*?—*afer •a*«kr working hours,bi such event,the Respondent shall have no right toadditionalcompensationforsuchworkHowever,nothing contained htir^sW^^orifeiWO^ond^s afid during hours that are otherwise prohibited by ordinance unless specffically authorized orInstructed'in writingby the City.6.Ktfe^^feexpec^tora^morath^ toWe Contractor on die basis ofaduly certified and approved schedule ofvalues .fertfee Worfc performed during each cafendar month by the Contractor,less the retainage (all as providedfor In theContract Dbcttnents),which Isto be withheld by the Owner until completion andaafcptattttof^evcc^et* project ittdccordance with this Contract and the other Contract Documents and until such Work has beenaccepted bythe City. 7.Upon submission by the Contractor of evidence ^sfecte^to d»Owner tte all W^,inateHal,and other costs incurred by the Contractor ft?connection with the construction of the VVbrkhave been.paid in fttfl,and after compliance with the terms for payment provided for in the Contract JaotBrnefcTlBftal payment onaccoant ofthis Contract shall be made within sbtty (60)calendar days after the completion by the Contractor ofalt Work covered by Afe Contract and *eacce|rtanceofsiich V^^-hyAe©!wner ^Ly^.5^!?<%"*??«*«»***WQIWW 4m-fe the event that,the Contractor shall faU tocornpfeeetheWorkwithintinetimelimitstipulatedintheCwtiwDocunwrnts,or dtfeeljteiiaWtRne limit ^tr^**wua"&lm **•»*«Procedure as more particularly see forth in the Contract Documents,liquidated damages shall be paid by die Contractor at the rate of $9flP.flO dhltat*ypr .fry pjus any ^__Page44of74Thoma»F.Pepe 2.21.2017 monies paid by the Owner to the Consultant,if any,for additional engineering and inspection *ervic-s if any,associatedwithsuch delay. 9.!c is further mutually agreed between che parties hereto that if a Payment and/or Performance B^nd (^ond )is required and if,at any time after the execution of this Contract and the Bond for its faithful perrormance and payment,the City shall deem the Surety or Sureties upon such bond(s)to be unsatisfactory,or if,for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers,the Contractor shall,at its expense within five (M business days after the receipt of notice from the City so to do,furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City.In such event no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory tothe City. .10.No additional Work or extras shall be done unless the same is duly authorized in writing,and in advance of the work,by appropriate action by the City and in accordance with the Contract Documents 11.The date that this contract was "made and entered into"and its effective date is the date that the contract is the signed by the City or,if che contract is required to be approved by resolucion of the City Commission then che Effective Dace is the dace of che resolucion approving the Contract whichever is the later date. IN WITNESS WHEREOF,che parties hereto have executed this Contract on the day and date set torth next to their name below and may be signed in one or more counterparts,each of which shall,without proof or accounting for the other counterpart,be deemed an original Contract. ATT! Signature: CityClerk Read and Approved as to Form,Language, Legality,andExecution Thereof: Signature: Thomas F.Pepe 1-1)-20I 7 City Attorney CONTRACTOR:^ Signature:j Page AS of74 I- EXHIBITS CONSTRUCTION CONTRACT GENERAL CONDITIONS Tennis Fence Installation ac Brewer Park RFP#PR20I74)S ARTICLE 1 -DEFINITIONS Whenever used in these General Contfeiohs or in the other Contract Documents,the following terms shafl have the meaning indicated.These definitions shag always apply when the section ofthe Coirtract specifically refers to thisAnkle forthe purpose of interpreting awordor group of words in that section oftheContractDocument However,when the section ofthe Contract vAere die word to be defmed is used,does not spedficaHy refers to this Ardde to define the word or group ofwords,the definitions contained mthis Article shall notapply unless the word or group of words,in the contact of itor their use in the ConwattBtnaiment in question*Mare ambiguous andopenfor ihterfretatibn.In ad^ specific provision ofa Contract Document ifthat specific provision contains a definition of these terms: Ad<fefflte Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents,Drawings and Specifications,byaddition!deletions,clarifications or correction. Affifltatttan for hymm^*form approved by the CONSULTANT,ff any,or the City Manager which is to be used bythe CONTRACTOR in requesting process payments, M The offer or proposal of die Bidder submitted on the prescribed form setting forth the prices and other termsfortheWorktobe performed. Biddgr;Any person,firm or corporation submitting a response to the Owner's solicitation for proposals or bids for Work pjd Documents:The solicitation for bids or proposals and all documents that make up the sc^kitation including the instructions,formofdocumentsand affidavits, B°fffe,BW bon4 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 lam of the State of Rarida. CftanggQrderg Awritten order to the CONTRACTOR signed by the City Manager authorizing an addition, dtetetion or revision in the Work,oran adjustment in the Contract Price orthe Contract time issued after execution of the Contract. Work Qrdftr Propoxate Written proposals from die CONTRACTOR In response to orders or request for work based on the Scope oftheWork provided by the Oty to the COriraACTOR.Tteprop©^Mudes tee Item pricing,where there aremultiple locations,and the timeframe for completing the work ££Dfc The City Manager for the City of South Miami*4130 Sunset Drive,South Miami,FL 33M3,unless the context wherein the word is used should more appropriately mean the Cliy ofSouth Miami. Congmrclfon QteSfVttr;An authc^zed representative ofthe CONSULTi^»^ representative oftheCity asst^^ CONTRACTOR.The CONTRACTOR shay be notified in writing of the identity of this representative. Q>n^l^Pot;qrnfflty The Contract Documents shall Include tite Contract between the Owner and the Contractor,other documents listed in the Contract and modifications issued after execution ofthe Contract as well as all Kd Documents including but not limited tothe solicitation for Bid,CONTRACTOR'S BTd,the Bonds, Insurance endorsements,Insurance Certificates and policies,theNotice ofAwar4 the Notice*to Proceed,the General Conditions,Special Conditions,Hany,any Supplementary Conditions,the Technical Specifications. Drawing including any incorporated specifications,addenda t©the drawing Issued prior to execution dF the Contract,Change Orders,Construction Change Directives and any written order for a minor change in the Work,and written modifications to any ofthe Contract Documents. Cpmn^Ptftra The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents, C°ffl^Timg The number of calendar days stated in the Contract for the completion of the Work CofmotfftgQffioai The Individual who is authoriaad to sign the contract documents on behalf oftile OWNER. CQNTRACTOft;The person,firm or corporation with whom the OVvlslER has execute the Contract. GQhgUETANT;Theperson identity » CITTs designated representative as Identified in the Supplementary Conditions. ^CB Page4*of74 Thomas F*Pepe 2-21-2017 fiayi Apertalof twen^j^oi tm.and it shall be presumed t»bea calendar dayunless spe^ Bays The number of twenty-four (24)hour periods foSowing the event tovnhfcb the word "days"refers cominencingat I2r0l amatthestmofthenextday.Thej^oi^fn computing any period oftinwpresa^ allowed by the Contract Documents,the day ofthe act,event c^de^k fmm which the designated period oftime begins to run shall notbe included.The last day ofthe period so computed shall be included unless It is a Saturday,Sunday or legal holiday,in which event the period shall run until the end of the next business day that is nota Saturday,Sunday or legal holiday. Documents,or does not meet the requirements of any appficahie inspection,reference standard,test,or approval referred to In the Comraa ^ fowl payment (unless re^^ are not properly approved and authorize^any deflclef^ equipraHit furnished under tha Contract that are not grodqua^and new unless otherwise reared c^ permittedby the ContractDocuments. PfaWfogft The drawing*which show die character and Scope ofthe Work to be performed and which have;been prepwrei or approved by the CONSULTANT,or if none,then by an architect or engineer hired by the City and are referred to In the Contract Documents. Ffetd Qfttett A written order issued by the CONSULTANT which clarifies orInterprets the Contract Documents in accordance with Paragraph »4 or orders miflprchaf*g^fnf^ Mo^iQtfem;(a)Awritten amendment ofdie Contract Documents signed by both patties,(b)aChange Order signed by both parties,(c)a writi^cbri^ with paragraph 93 or (a)awritten order for minor change oralteration in the Work issued bythe CONSULTANT pursuant to Paragraph 10^A modrfi^on nmy only be issued after execution ofthe Contract,it must beinwriting and signed bythe party against whom the modification Is sought to be enforced Non^rfiorn^jpg Work means work that docs not conform to<he Contract Documents and includes work that is unsatisfactory*faulty,or deficient orthat does not meet therequirements ofany appficable Inspection,reference standard,test,or that does notmeetany approval required by,or referred to^ work that has been damaged prior to CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereofhas been assumed in writing by CITY). Nertfcgp*Awafifc The written notice by CITY to the apparent successful Bio^fer stating that upc>n ccHtrpfiancewkh die conditions precedent tobe fulfilled byit within thetimespecified,aTTwill execute and de&verthe Contract to him. NPtfefttaPrassd;A written notice gven by CITY to CONHIACTQR (with copy to CONSULTANT)fixing the date on which the Contract TTme shall commence to nin and cm which CONTRACTOR shall start to perform its obligations under the Contract Documents. Rgryoft:An individual or legal entity. Frofecft The entire construction operation being performed as ctefineated inthe Contract Documents. EattgiTheterm "poflcy"as used inthe Contract Documents shall iftsantheinsurance binder,Ffit is issued,the dfechration page of the policy and thebodyof the pofcy,inckdfngaH endorsements. Rffi RequestforProposal S<;ppe of Servian This phrase refersto the scopeofthe services or work tobe performed and it has the sarra meaning as Scope oftheWork unless the contextin*hich the phase is used clearly means otherwise; ^QfiJ>?SWtrigs:Ail drawings,diagrams,illustrations,brochures,schedules and other data which are prepared by the CONTRACTOR,a Subcontractor,manufacturer,supplier,or#strJfeu!wr*and which illustrate the equipment, niateriat orsome portion ofthework and as required by t^Contract Documents. SmBlffK Physical examples which Illustrate materials,equipment or workmanship and establish standards bywhich the Work win be judged. SflSCttotiflns;Those portions ofthe Contract Documents consisting of written technical descriptions of materials,equipment,construction systems,standards and workmanship as applied tothe Wortc Subcontracted An individual,firm or Corporation having a direct contract with CONTRACTOR or with any other Subcontractor forthe performance ofa part ofthe Work atthe construction she. Substantial Completion;The date,as certified bythe CONSULTANT,when the construction ofthe Project ora certified part thereofis sufficiently completed,inaccordance withthe Contract Documents,sothatthe Project,or a substantial part,canbe uti&zed forthepurposesforwhichitwasintendedwithout restriction or limitation to anydegree,otherthanfortherepairofminor "punch BstV icems&or if there be nosuch certification*thedate when final payment is due in accordance with paragraph MA However,inno event shall the project or portion Page 47 of 74 Thomas F.Pepe 2-21-2017 thereof,be deemed tobesubstantially completed until a certificate of occupancy orcertificate ofuse is lawfully issued by the applicable governmental agency.A certificate of Substantial Completion,issued bythe CONSULTANT,shall be null and void if it is based on false,misleading orinaccurate information,from any source, or when it would not have been issue but for the consideration ofWorkthatis thereafter found tobe defective to a ctegree greater than that which would normally to be considered by the City to be minor "punch list"woric SMPptfen Any person or organiiation who supplies materials orequlpn«ait for the Work,including die fabrication ofanitem,butwhodoesnotperform labor atthe site oftheWork. Surety The individual orentitywho is an obligor ona Bcind andwho fe boimd with the CONTRACTOR ^ fttfi and faithful performance ofthe Contract and for the payment of all labor,services and materials used onthe project. Work Any and all obligations,duties and responsibiBties necessary for the successfiil performance and completion of the Contract. Notfcg:The term "Notice"as used herein shall mean and include all written notices,demands,instructions, dairns*approvals and disapprovals required to c^tain ccmipBan<^vWth Contract requirement.Written notice shall be deemed to have been duly served If delivered In person tothe indtviduai ortoa member of tiiefirm or to an officer ofthe corporation for whom itis Intended,orto an authorized representative of such incUvidual,firm,or corporation,orif delivered atorsentby registered mail tothe last known business address.Unless otherwise stated in writing,any notice toor demand upon the OWNER under this Contract shall be delivered tothe Oty Manager andtheCONSULTANT. ARTICLE1 -PRELIMINARY MATTER Award; II The CITY reserves therighttorejectanyand all Bids,atitssolediscretion.Bids shall beawarded by the CITY to the lowest responsive and responsible Bidder.No Nc^ce erf Award shall be given until the CITY has concluded its investigation,as it deems necessary,to establish,to the satisfaction of the CITY, whkh Bidder is the most responsive and responsible of aU the mdsam to complete theWork wfebm the time prescribed and In accordance with the Contract Documents.The CITY reserves the right to reject the Bid ofany Bidder who is not believed to be,in the sole discretion and satisfaction ofthe Oty,to be sufficiently responsible,qualified and financial able to perform the work In analyzing a Bid,the CITY may also take into consideration afceraace and unit prices,If requested bythe Bid forms*If the Contract is awarded,the CITY shall issue the Notice of Award and gwe the successful Bidder a Contract for execution within ninety (90)day after opening of Bids. Execution of Contract; 2.2 At feast four counterparts ofthe Contract,the Performance and Payment Bond,the Certificates of Insurance,the Binder ofInsurance if Issued,die Insurance Declaration Page If not included in the Poficy of Insurance,the Policy ofInsurance required by the Contract Documents,the written notice ofdesignated supervisor orsyperintendentas provided in Section ©:!of the General Conditions and such other Dttfl|llS2taS re***1 b?*•Corttract Documents shall be exe«|t#and delivered by CONTRACTOR tothe CITY within ten (10)calendar days of recent ofthe Notfce of Award.A Ccmtract Document that requires the signature ofa party maybe executed in counterparts separately by each ofthe parties and,in such avent,each couriterpart Separately execute shaft without pro^ counterpartbedeemedan original ContractDocument Forfeiture,of ^d ^CMrity/performance and Payment Bond.If «y ^reofllrep'by the saleable RFP: 2.3 WfrNn ten (10)calendar days of being notified of the Award,C<»mACTOK shall furnish a Performance Bond and aPayment Bond containing all the provisions ofthe Performance Bond and Payment Bond attached. 2.3.i Each Bond shall be in the amount of one hundred percent (100%)ofthe Contract Price guaranteeing to OWNER the completion and performance of theWork covered In such Contract as well as fell payment ©fall suppVers,material man,labors,c*Subcomract^en^ tothisProject Each Bond shall be with aSurety company whe^qualifications meet the requirements of Sections 2.3.4,2.3.5,and2.3.6. Z3.2 Each Bond shall continue fft effect for five years after final completion and acceptance of the Work with tile liability equal to one hundred percent (100%)ofthe Contract Sum. Page 48of 74 Thomas F*Pepe 2-21-2017 2.3.3 Pursuant to the requirements ofSection 255-05(1),f Florida Statutes,CONTRACTOR shall ensure that the Bond(s)referenced above shall be recorded in the public records ofMiami-Dade County and provide CITY with evidence ofsuch recorcfin$ 23.4 Each Bond must be executed by asurety cohipajyauttoi^ as a surety,having a resident agent in the ^ of successful continuous operation for a least Ave (S)yeara. 2.3.5 The surety company shall hold acurrent certificate tfauthctrfy^ bonds in accordance with the United States Department ofTreasury Circular 570,current revisions. 2.3.6 The CITYshafionly be required to accept asurety botid from accimpany 23.7 Failure ofthe successful Bidder to ewscute and deliver tin*C^^ bonds and Insurance documents shaft be cause ^the QTY to wihul the Notii^rf Award and declare the Bid and any security therefore forfeited COhiya^Q^^Pra-Start Representation? 2.4 CONTRACTOR represents that It has familiarized itself with,and assumes full responsibility for having familiarized itself with the nature and extent ofthe Contact Documents,Work*locality,am)with ail focal conditions and federal state and local laws,ordinance,riite and regular performance ofthe Work,and represents that it has correlated its study and observations with the requiretnents of the Contract Documents.CONTRACTOR also represents that It has studied all surveys and investigations,reports of subsurface and latent physical conditions referred to In the specifications and made such additional surveys and investigations ask deems necessary for the performance ©fthe Work reflected hi the Contract Documents and that hehas correlated the results of all such cfata with therequirements of theContractDocuments. Commencement of Contract Time? i5 The Contract Time shad commence to run on the date stated in the Notice to Proceed. SartinytheProfectr 2.6 CONTRACTOR shall start to perform Its obligations under the Contract Documents onthe date the Compact Time commences to run.No Work shafl be done at the site (as defined In Article lfc prior to the date on which the Contract Time commences to run,except with the written consent ofthe CITY. Before Starting Construction; 2.7 Before undertaking each part ofthe Work,CONTRACTOR shafl carefully study and compare the Contract Documents and check attd verity pertinent figures shown thereon and all applicable field measurements and conditions.It shafl at once report inwriting to CONSULTANT any conflict error,or discrepancy which ft may discover.NtfthwtheGV¥N6f*J^ harm,damage or loss suffered byCCtornttCTORasai^ltofi^ or discrepancy inthe Drawings or Sp^ condensation for arty harm,damage or toss suffered bythe CONTRACTOR due to any conflict,error. or discrepancy Tn the ContractDocuments, Scheie of CqTOtetiop: 2.8 Within Five (5)business days after delivery ofthe Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval,an estimated construction schedule indicating the starting and completion dates ofthe various stages ofthe Work,and a preliminary schedule of Shop Drawing submissions.The CONSULTANT shall approve this schedule or require revisions thereto within seven (7)calendar days of Its submittal.If thereismorethanoneCONTRACTOR Involved in the Project,the responsibility for coordinating theWork ofall CONTRACTORS shall be provided inthe Special Conditions. 23 Within five (5)business days after delivery of the executed Contract byCITY to CQWTIACTOR,but before starting theWorkatthe site,a pre-construction conference shafl 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 tothe Page 49of 74 Thomas F.Pepe 2-21-2017 Project.Preset*atthe conference^!be die C^ Representatives,CONTRACTOR and its Superintendent Qualifications of Subcontractors.Material men and Sopplfery 210 Wtafe five (5)business days aft^ shafl submit tothe CITY and the CONSULTANT for acceptance a listofthe names of S^ohiWfiors and such other persons and organizations (including those who are to furnish principal items of materials or equipment)proposed for those portions ofthe Work as to whfch the identity of Subconffactors and other persons and organizaticmsiniistb^Within thirty (30)calendar days after r*c*ivii>gti*lsfete writing if either the CITY orthe CONSULTANT has reasonable objection to any Subcontractor,person. orwpntatioiionsuchlisL Theteh^ofAeC^^ Subcontractor,person,ororganization on the ^within ihh^(3^calendar days ofihe receipt shall constitute an acceptance of such Subcontractor,person or orgm&afewfe,Acceptance of any such Subcontractor,person or organization shall not constitute awaiver ofany right ofthe CITY or the CONSULTANT to reject defective Work,material or equipment,oratiy Work,material or equipment not in conformance with the requirements of the Contract Documems. 2LII ftl^ortotheNc^eafAwaH,*^ SubcpMractw,person or or^^ submft an acceptable substitute without an increase;in its bid price. 112 The parent silence ofthe Contract Documents as to any detail or the apparent omission from them of a detailed description concerning any Worktobe dom>and materials tobe furni^ meaning that cjnly best practices are to prevail and cmty maisrialsa^ tobeusedinthe performance ofthe Work MfrmM M#ft*EIATIOR JWTEmWTATiON AND INTENT QF CQ^RACT DQrUMFMT^ 3.1 It Is the intent of the Specifications and Drawings to describe accmipf^ accordance with the Contract Documents.The Contact Documents comprise the entire Contract between the OWNER and the CONTRACTOR.They n^y be altered only by a modification as defined in Article L 3.2 The Contract Documents are complementary^what is catted for by o»is as binding ^s tfcalled for by afl the documents.IfCONTRACTOR fintis a conflict,er^ shalt before proceeding with the Work affected thereby,immediately caH itto the:CONSULTANTS attention in writing.The various Cpntract Documents are complementary;in case of conflict,erroror discrepancy,the more stringent Interpretation and requirement that shall provide the maximum benefit to theOwner shall apply 3.3 The words Tunwsh"and "furnish and install",'InstaF,and "pmvide*or words with similar meaning shall be interpret*^unless o^^ rfcady for service". 3:4 Miscellaneous items and accessories which are not specifically mentioned,but which are essential to produce a complex and proper^operating Instaflation,or usaWe «*n|c^^ fartctions,shall be furnished and installed withma chan^in the Contract Price.Such miscellaneous items and accessories shall be ofthe same quality standards,including material,style,flnfeh,strength,dass, we^te and otiier applicable characteristics,as spec«e#fcr the majjfiir component ofwhich the misttflanexHis item or ac^^ installation.The above requirement hnot intended to im^a^m^orccmipcments not covered by or inferable from the Drawing and Specifications. 3J5 The Work ofall trades under this Contract shall be coordinated by the CONTRACTOR In such a manner as obtain the best workmanship Dossil^for tfce entire FYp^ shall be installed or erected in accordance with the best p^ctices of the particufer trade 3.6 The CONTRACTOR shafl be responsible for making the censt^^ Contact rain proof,and for making equipment and utifity installations properly perform die specified function.If the CONTRACTOR is prevented from complying with this provision due tothe Drawings or Speciftetions,the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists, 3.7 Manufacturer's literature,when referenced,shall be dated and numbered and Is intended to establish the minimum requirements acceptable.Whenever reference Is given to codes,or standard specifications or ^«*PageSOofW Thomas F.Pepe 2-21-2017 other da*pubtehed by r^^ National Electrical Code,applicable State Building Cod*ItoriA ASTM Specifications,various institute sinsaficatic^aiiddwlifc^it reference is tothe latest edition tadurfing addenda in effect onthe date ofthe Bid 3*Brand names where used in the technical specifications,are intended to denote the standard or quality requlred;for the particular material or product:T^teita'eqiiaf o***^^ connection with brand names,shall be irtterpit^toi^ mtype,quality,da*capacity,composition,finish,color and 0lh«ai$#^<*^^ or product specified by trade nam*and that is suitable fc*the same use ca^ function,tn the opinion qfthe C0N5ULTAJOT,a*tfeei^^ Work (When a brand nam^c&^fw^ phrase *©r equaT,th*COISfmACfTOR shall use the brand,make and modei sp^dfied). 3.9 Thrta^outthkare*m^ and tfie singular words substituted for plural and plural words substkuted for singular wherever 3.10 M technical inter^retetitms shall t»made by t^ 3.11 ^CONTRACTOR ate*have a^^ conftetin theContact Documents and the CXfm&fmt shafl make the final decision as to which of the documents shall take precedence tenths event that there is a cc^nfilct between or among the Contract Documents,only the fai*^version shanappfyan^ Documents.The CONSULTANT rfiatt use the foBoMfftfist These documents are set forth below in the order oftheir precedence sothat ail the documents listed above a given document should have precedence over all the documents feted below k. (a)Change Orders (b)Amendments/addendatoContract (c)Supplementary Conditions,Ifany (d)Contract witii allExhibits thereto (e)General Conditions ©Writtenor figured dimensions (g)Scaled dimensions (h)Drawings ofa larger scale (i)Drawings ofa smaller scale fi)Drawings and Specifications are mmm4 -mmmiLm of lands subsurface conditions reference PotN-r* Av?ifabifity oilanck 41 the OWNER shall furnish,as indicated In the Contract Documents,the lands upon which the Work is to be done,ri^ts-of-way for access thereto,and such other hnds which are designed for the use ofthe CONTRACTOR-Easements for permanent strucuires or permanent changes in existing facMes will be obtained and paid for by the OVWER,unless otherwise ^C^r access tosuch lands or rigitsn^^^ the CONTRACTOR. The CONTRACTOR shafl prc^devferall additional tads and ac^ temporaryconstruction facilities or stora^of material and equiptn«nt> 4.2 The CITY will,upon request,furnish to the Bidders,copies of att available boundary surveys and subsurface tests at no Cost Subsurfag^COToltion^ 4.3 The CONTRACTOR acknowledge*that he has investigated prior to bidding and satisfied himself asto the contBtiens affecting the Work,including but nc*Smited tothose bearing upon transportation, disposal,handling and storage of materials,availability of labor,water,Metric power,roads and uncertainties erf weather,riverstages,tidtes,watertahtes or similar physical conditions atthe site,the conformation and conditions ofthe ground,thti character of equipment and facilities needed preflminary to and during prosecution ofthe Work The CONTRACTOR further acknowledges thathe has satisfied himself astothe character,quality and quantity of surface andaAsuriace nmteriajs cr oostades tobe encountered Insofar as this information is reasonably ascertainable from an inspection ofthe site, Page 51 of74 Thomas F.Pepe 2-21-2017 including ail exploratory work done bythe OWNER/CONSULTAOT onthesite as well as from Wbjtrtatibn presented bythe Drawm#and Specification ra any otherinfotmatfon made available toit prior to receipt of bick Any Mure by the CONTRACTOR to acquaint itself wMi tbie avaiiabfe:i^ the difficulty or cost of successfully performing Work The OWNER assumes no re^onsWty for aw conclusions;or interpretations made bythe CONTRACTOR onthe basis ofthe information made available bythe OWNER/CONSULTANT. 44 The CONTRACTOR shafl v4dilnforty*eight (48)hours ofIts discovery,and before such conditions are disturbed,notify the CITY in writing,o* 4AI Subsurfece or latent physM^ Contract Documents,and 4A2 Unknown physical conditions atthe siti^ofan unusual natere,4^^ wflnarifrencouw^ Contract The CITY shall promptly investigate the conditions,and ifit finds that such conditions do materially differ to the ^ of,orthetime required for,performance ofany part of the Wisrfe uiwfer thfe Contract,an equitable adjustment shall be made and die Contract modffie#^ii»1ting^ccor#^ 45 No chim ofthe CONTRACTOR underthSc«a^^^ the^notice required In 4.4 above;provided,however,tlte time pi^^ the CITY,but only ifdone In writing signed by die City Manager or the CONSULTANT. AflTKfPrtE S-INSURANCE Contractor shall comply with the insurance requirements set forth In the Supplementary Conditions to the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBLE* 1^9NT^CT<>a **B supervise and direct the Work it shall be solely responsible for the means, methods,techniques,Sequences and procedures ©f cohswictlan.Tn#©3hft*ACt©R shall employ and ntaSwaln aquatfied supervisor or superintendent (hereinafter referred to as "Sipervisor0 atihe Work sh^who shall beti^lgnated in M^hg bytheC^ the Warkand withih the time required by die Contract,as the CONTRACTORS representative at tiie site.T^e Supervisors so des^na^shall haws fa«a tflccm^nicaawsglv^T^ Supej^s6r(s)shall be present at each site at ail times as required to perform adequate supervision and coordfnatibn ofthe Work (Copies ofwritten communications^to the Supe AeCONmACTOR'ShcwneonlcfiX ^^ 6X1 TheCGNl^CT0Rsliafl r^dMkations and Shop Drawing at thesteafrafltitt^aiid^ aflchanges made during the construction process.These shafl be amiable to the CONSULTANT and anyCFTY Representative at all reasonable times.Aset^As^T^dwwIi^ original Specifications,T>awingR,Addenda,Modifications and Shop Drawings with annotations, shall bemade available to the Cky atall times and fcshjBt»i|BlvewdtotheCXrYtH»n Cjompfetion ofthe Project Lafror,rtai^riafem^l BflNfcMftis 62 The CONTRACTOR shall provide competent,suitably qualified personnel to lay out the Work and ^rform construction as required by the Conti^Dcnajnients.It shall at all times maintain good disciplineand order at the site, 6.3 The CONTRACTOR shall furnish afl materials,equipment,labor,transportation,construction equipment and n^lfiey,tods,appliances,feel,power,light,heaUt^telephony water and sanitary facilities and J <STrJ **"sd inddemals necessary for the exfeevtion.testily lh^ the Work. 6.4 AB materials and equipment shall be new,except as otherwise provided in the Contract Documents,When special mates or grades of material which ate n©T^ Xl EK Page52of74ThomasF.Pepe 2-2U20I7 manufacturer are specified or approved,such material*sl^ packages or containers with seals unbroken and iabeb intact. 64 M materials and equipment shall be applied,installed,connected,erected,used,cleaned and conditioned to accordance with the instructions of die applicable manufacturer,fabricator,or processors,except as otherwiseprovidedintheContractDocuments. Work Materials.Equipmqffl;,Product^*nd ^ubstilutioiig 46 Wattrfak^uipmemandpr^ prchasetfbytheCOm^CTbR.The CONTRACTOR shaft submit to the CONSULTANT a fet^fIppc^materials*e*4^^ determine their acceptability and c>btain their approval,within ninety (90)calendar days after award of Contract unless otherwise stipulated in the Special Conditions.No request for payment for •orequar equipment will be approved until this Bst has been received ami approved by dteCOrmiLTANfn 6AI VHuMveni material,article or piece ofequipment is tdentffied on the Drawing or^ecffications by rderencB to brand name or catalog number,it shaQb^understood that this is refe the purpose of defining tiie performance mother salient i^^ equal capacities,quality and function snail be considered The CONTRACTOR may recommend the substitutionofa riiater^atticfoiO^ thcwfc referred to in theContort Docurnents 1^reference to brand n^ If,In the opinion ofihfe O^NSULT^T^uih material,article,or piece of equipment Is of equal substance and function to that specified,theCONSULTANT may ap^^ bythe CONTRACTOR.Incidental changes or exto the sutetit^e WiB bemadebythe CONTWACT^ Contract Time. 6.62 No substitute sliag be ortier^or^ who shall bethe Judge of quality. &6J Delay caused byobtaining approvals for substitute materials shall not be considered justifiable groundsforan extension ofconstruction time. 6;6>4 Should any Workor materials,equipment or products not conform to reqtttremehts ofthe Drawings and Specifications or become damaged during the |^ro|ress oftheWork,such Work or materials shall be removed and repfacedL togiaiter wfth any Work disarranged by such alterations, at any time before completion and acceptance of u^el¥o{e^All such V%rk shafl be done atthe expense of the CONTRACTOR. &6.5 No matoriais or supplies forthe Subcontractor subject to any chattel mortgage or under a coridto^^ whkh an interest Is retained bythfcSeBer;The CONTRACTOR warrants that they have good titfo to all materials and supplies used by them In the Work 6M Nonconforming Work:The City of South MiamTn^y withhold a^of,or reject tons which are found upon exaralha$c^n^fc»meetthespedff^ plans arid drawings.Upon written notification jt r^ection,itetm ^>all be removed or uninstafled within five (S)business days bythe COt^A^^a*hf&«^redelivered and/or reinstalled at his expense.Rejected goods left longer ohan thirty (30)calendar c^yssnail be regarded as abandoned and the CfTY shall havethe ri^toc^c^of them asits own prc^erty and the CONTRACTOR hereby waives any cfefm tothegoodorto compensation of any kind forsaidgoodb.Rejectton for nonperformance or fe^^ the CONTRACTOR being found to default 6.6.7 In case of default by the CONTRACTOR,the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess coafe* occasioned or incurred thereby. 6i6u8 The CITY reserves the rigit,In theeventthj*<»NTTUffiT^tfflin^^ servicers)inatimely manner as requested*to obtain thegsod anuVor services fromother sources and deducting the cost from the Contract Price without violating the intent ofthe Contract ConcerningSubcontractors; &7 The CONTRACTOR shall notemploy any Subcontractor,against whom the CITY orthe CONSULTANT may have reasonable objection,norwffi die CONTACTOR be required to employ any Page 53 of 74 Thomas F.Pepe 2-21-2017 Subcontractor whohasbeen accepted bythe CITY and the CONSULTANT,unless theCONSULTANT determines that thereis good cause for doing so. 6.8TheCONTRACTOR shall be fully responsible for alt acts and omissions ofits Subcontractors and of persons and organizations directly or indirectly employed byit and of persons and organizations for whose acts any of them may be liable tothe same extent that they are responsible for the acts and omissions of persons directly employed bythem.Nothing in the Contract Documents shall create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR,nor shall it create any obligation on the part of OWNER orCONSULTANT to pay orto see to payment of any subcontractor or other person or organization,except as may otherwise be required by law.CITY or CONSULTANT may furnish to any Subcontractor or other person or organization,tothe extent practicable,evidence ofamounts paid to theCONTRACTORon account of specified Workdonein accordance withthe schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by anyspecifictrade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditionsoftheContractDocumentsforthebenefitoftheOWNER. 6.11 All Work performed for the CONTRACTOR by aSubcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR andtheSubcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination ofthe trades,Subcontraaors material and menengagedupon their Work 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Workto bind Subcontractors to the CONTRACTOR bythe terms of these General Conditions and other Contract Documents insofar as applicable totheWork of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR andtheir Subcontractors orbetween Subcontractors. 6.12.3 If in the opinion ofthe CONSULTANT,any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory,they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. 6.12A Discrimination:No action shall be taken by the any subcontractor with regard to the fulfilment of the terms ofthe subcontract,including the hiring and retention ofemployees for the performance ofWork that would discriminate against any person on the basis of race,color,creed,religion,national origin,sex, age,sexual orientation,familial status or disability.This paragraph shall be made a part of the subcontractor's contract with the Contractor. Patent Fees and Royalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention,design,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,damages,losses and expenses (including attorney's fees)arising out ofany infringement of such rights during or after the completion ofthe 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 ofmaterials,appliances and articles. Pennjtsi 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work,which are applicable at the time of his Bid.When such charges are normally made by the 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. Page 54 of74 Thomas F.Pepe 2-21-2017 Electrical Power and Lighting 6.16 Electrical powerrequired during construction shall be provided by each prime CONTRACTOR as rS«TAMT !SierViCeu ^^inStaHe<l by aqUa,ificd electrical C°"«™«or approved by theCONSULTANT,bghang shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship,for inspection or for safety.No temporary power shall be used off temporary lighting lines without specific approval ofthe CONTRACTOR. Laws and Regularity 6'?^^T^F^kS^^***a"n°tiCeS'bwS'ordi™«*.rules and regulations applicable tofcsh^ve !£££%££*0b$erVeS *"*•*•*—-D^wingsTe at varTce therewith,•t shall gwe the CONSULTANT prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate modification.If the CONTRACTOR performs any Work knowing it to be contrary to such laws,ordinances,rules and regulations,and without such notice to the CONSULTANT rcshall bear allcosts arising there from;however,it shall not be its primary responsibility to make certain DiscrimhSr ^Specifications are in accordance with such laws,ordinances,rules and regulations. 6.17A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race,color,creed,religion,national origin,sex,age,sexual orientation, familial statusor disability. Taxes: 6.18 Cost of all applicable sales,consumer use,and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection- 6.19 The CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work.They shall cake all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to:6.19.1 All employees and other persons,who may be affected thereby, 6.19.2 All die Work and all materials or equipment to be incorporated therein,whether in storage on or off die site,and 6.19.3 Other property at the site or adjacent thereto,including trees,shrubs,lawns,walks,pavements roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate aresponsible member of their organization at the site whose duty shall be the prevention of accidents.This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing bythe CONTRACTOR tothe CITY. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR,without special instruction or authorization from the CONSULTANT or CITY,is obligated to act,at his discretion,to prevent threatened damage,injury or loss.He shall give the CONSULTANT prompt written notice ofany significant changes in the Work or deviations from the Contract Documents caused thereby.If the CONTRACTOR believes that additional Work done by him man emergency which arose from causes beyond his control entitles him to an increase in the Contract Pnce or an extension of the Contract Time,he may make aclaim therefore as provided in Articles 11 and Shop Drawings and Sample 6.22 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 die CONTRACTOR.The Shop Drawings shall be numbered and identified as the CONSULTANT may require.The data shown on the Shop Drawings Page 55of74 Thomas F.Pepe 2-21-2017 shall be complete with respect to dimensions,design criteria,materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review,with such promptness as to cause no delay in Work,all samples required bythe Contract Documents. All samples shall have been checked by and stamped with the approval ofthe CONTRACTOR,identified clearly as to material,manufacturer,any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission,the CONTRACTOR shall notify the CONSULTANT,in writing,of any deviations between the Shop Drawings or samples and the requirements ofthe Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples,but his review shall be only for conformance with the design concept ofthe Project and for compliance with the information given in the Contract Documents.The review ofa separate item as such will not indicate review of the assembly in which the items functions.The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT.The CONTRACTOR shall notify the CONSULTANT,in writing,ofany prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission.The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities,dimension, field construction criteria,materials,catalog numbers and similar data or they assume full responsibility for doing so,and that they have reviewed or coordinated each Shop Drawing or sample with the requirements ofthe Work andthe Contract Documents. 6.26 No Work requiring a submittal ofaShop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT.Acopy of each Shop Drawing and each approved sample shall be kept in good order,in abook or binder,in chronological order or in such other order required by the CONSULTANT in writing,by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANTS review ofShop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements ofthe Contract Documents unless the CONTRACTOR has informed the CONSULTANT,in writing,to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation,nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work [Stcl^L Up°n com*>,etion of *«Work»a"*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 material and equipment that does not form apart 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,both public and private,which has been disturbed or damaged during the prosecution ofthe Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site,the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge thecosttothe CONTRACTOR. Public Convenience and Safety; 6.30 The CONTRACTOR shall,at all times,conduct the Work in such amanner as to insure the least practicable obstruction to public travel.The convenience ofthe general public and of the residents alone and adjacent tothe 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 Page 56 of74 Thomas F.Pepe 2-21-2017 Miami Police Department,before the street is closed and again as soon as it is opened.Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at ail times. Sanitary Provisions: 6.31 The CONTRACTOR shall provide on-site office,and necessary toilet facilities,secluded from public observation for use of all personnel on the Work Site,whether or not in his employ.They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction.They shall commit no public nuisance.Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean Indemnification: 6.32 6.33 6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2of the Supplementary Conditions (insurance and indemnification requirements). *™In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand,CONTRACTOR,upon written notice from CITY shall defend such action or Pr^SS?COUnSd satisfactor?to CITY-The indemnification provided above shall obligateCOrsTTRACTORtodefendatitsownexpenseortoprovideforsuchdefense,at CITY'S option,any and ™,«Vand a"SUks and actions of every name and description that may be brought againstOWNERorCONSULTANT,excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 634 ^Mcb,Kr^0f **CONTRACTO*""der paragraph 6.33 shall not extend to the liability of theCONSULTANT,its agents or employees arising out of (a)the preparation or approval of maps,drawings opinions,reports,surveys,Change Orders,designs or specifications or (b)the giving of or the failure to ' give directions or instructions by the CONSULTANT,its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part Indemnification shall not exceed an amount equal to the total value of all insurance coverage required by Section S.I of this document,indemnification is limited to damages caused in whole or in part by any act,omission,or default of the Contractor,the Contractor's subcontractors, sub-subcontractors,materialmen,or agents of any tier or their respective employees to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract Responsibility for Connection to E*kting yy9rfr; 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work,existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations,grading,fill,storm drainage,paving and any other construction or installations in rights-of- ways of streets,highways,public carrier lines,utility fines,either aerial,surface or subsurface,etc.,shall be done in accordance 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 authorities,stating that the Work has been 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 inthe above requirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters,pavement, storm drainage structures,and other items which must be established by governmental departments as soon as grading operations are begun on the site and,in any case,sufficiently early in the construction period to prevent any adverse effect on the Project Cooperation with Governmental Departments.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")owning or controlling roadways,railways,water,sewer,gas,electrical conduits, telephone,and telegraph facilities such as pavements,tracks,piping,wires,cables,conduits,poles,guys, etc.,including incidental structures connected therewith,that are encountered in the Work in order that such items are properly shored,supported and protected,that their location is identified and to obtain Page 57 of74 Thomas F.Pepe 2-21-2017 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,bws,ordinances,and regulations which in any manner affect those engaged or employed in the Work,or materials and equipment use in or upon the Work,or in any way affect the conduct of the Work,and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR shall confine its apparatus,storage of materials,and operations of its workmen to the limits indicated by law,ordinances,permits and directions of CONSULTANT and CITY,and shall not unnecessarily encumber any part ofthe site or any areas off site. 6.38.i CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety,nor shall itsubject any work to stresses or pressures that will endanger it 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and OWNER as well as their instructions with regard to signs,advertisements,fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees,subcontraaors and other personnel,as well as that of the material delivery trucks and other vehicles that come tothe Project site. 6.38.4 The City will designate specific areas on the site for storage,parking,etc.and the job site shall be fenced to protect the job site and the general public. 6.38.5 The CONTRACTOR shaJI furnish,install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors.Temporary offices shall be provided and located where directed and approved by the CONSULTANT.All such facilities shall be furnished in striaaccordance with existing governing regulations.Field offices shall include telephone facilities. Proteaion of Existing Property 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 proteaed from damage during construction of the Project Any such improvements damaged during construction of the Projea shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract ARTICLE7 -WORK BY OTHERfr 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 contraaors who are parties to such direct contracts (or the OWNER,if it is performing the additional Work itself),reasonable opportunity for the introduaion and storage of materials and equipment and the execution of Work,and shall properly connect and coordinate its Work with theirs 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contraaor 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 ofthe other contraaor whosework will beaffeaed. Page 58 of74ThomasF.Pepe 2-21-2017 7.4 |f the performance of additional Work by other contractors or the OWNER is not noted in the Contract SSUIS^Srt0 execution of *e Contract,written notice thereof shall be given to theCONTRACTORpriortostartinganysuchadditionalWork.If the CONTRACTOR believes that the performance of such additional Work by the OWNER or others will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time,he may make aclaim therefore as provided in Articles 11 and II 75 ^T"f"**^'**CONTRACTOR shall build around the work of other separate contractors orshallleavechases,slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them.Where such chases,slots,etc are impracticable,the Work shall require specific approval ofthe CONSULTANT 7.6 Necessary chases,slots,and holes not built or left by the CONTRACTOR shall be cut by the separate contraaor requiring such alterations after approval of the CONTRACTOR.The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall beatthe expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work Each Cu "w"?'shallJcoordlnate *eir operation with those of the other Contractors for the best interest of theWork in ordertoprevent delay inthe execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors.Should lack of progress or defective workmanship on the part of other r^r^With the CONTRACTOR'S operations,the CONTRACTOR shall notify the CONSULTANT immediately and in writing.Lack of such notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as beine satisfactory forproper coordination of CONTRACTOR'S own Work. 7.9 The cost of extra Work resulting from lack of notice,untimely notice,failure to respond to notice Defective Work or lack of coordination shall bethe CONTRACTOR'S cost, 7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s)or service(s)in a timely manner as requested,to obtain the good and/or services from other sources and deducting the costfrom the Contract Price without violating the intent ofthe Contract. ARTICLE 8-CITY'S RESPONSIBILITIES The CITY will issue all communications t<„.w _^,,„,w_. In cases of termination of employment of the CONSULTANT,the CITY will appoinTa CONSULTANT 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. whose status under theContraa Documents shall be that ofthe former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contraa Documents. 8.4 The CITYS duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work,notwithstanding the faa that the time for completing the entire Work or any portion thereof may not have expired;but such taking possession and use shall not be deemed an acceptance ofany Work not completed in accordance with the Contraa Documents. ARTICLE 9 -CONSULTANTS*STATUS DURING CONSTRUCT!OM City'sRepresentative: 9.i The CONSULTANT shall be the CITY'S representative during the construction period.The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles I through 16 ofthese General Conditions and shall notbe extended without written consent ofthe CITY and the CONSULTANT. 9.1 I The CONSULTANTS decision,in matters relating to aesthetics,shall be final,if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract,all claims,counterclaims,disputes and other matters in question between the CITY and the CONSULTANT arising out ofor relating to this Contraa or the breach thereof,shall be decided in a court of competent jurisdiction within the State of Florida. Thomas F.Pepe 2.21-2017 Page 59 of74 Visits to Site; 9.2 The CONSULTANT shall provide an inspeaor to make periodic visits to the site at each phase of construction toobservethe progress and quality ofthe executed Work and to determine iftheWorkis proceeding in accordance with the Contraa Documents.His efforts shall be direaed toward providing assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws,rules and regulations.On the basis ofthese on site- observations as an experienced and qualified design professional,he shall keep the CITY informed of the progress ofthe Work and shall guard the OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULTANT shall issue,with reasonable promptness,such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise)as it may determine necessary,which shall be consistent with,or reasonably inferable from,the overall intent ofthe Contraa Documents.If the CONTRACTOR seeks an increase in the Contraa Price or extension of Contraa Time based on a written clarification and/or interpretation,it shall be required to submit a timely claim as provided in Articles Hand 12. Measurement of Quantities- 9.4 All Work completed under the Contraa shall be measured by the CONSULTANT according to the United States Standard Measures.All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defeaive Work: 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work"as defined in Article I.It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site,installed or completed as provided.In the event that the CONSULTANT requires testing of completed Work,the cost of such inspections and/or testing shall be approved in writing by the CITY.All consequential cost of such inspections and testing,including but not limited to the cost of testing and inspection,the cost of repairing any of the Work,or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the rep^r ' work can be completed,shall paid by the CONTRACTOR if the Work is found to be Defective Work. Shop Drawings,Change Orders and Payment 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples,see paragraphs 6.25through6.28,inclusive. 9.7 In connection with the CONSULTANTS responsibility for Change Orders see Articles 10 II and 12. 9.8 In conneaion with the CONSULTANT responsibilities with respea to the Application for Payment etc see Article 14. Decisions on Disagreements- 9.10 The CONSULTANT shall be the initial interpreter ofthe Construction Documents. Limitations on Consultant's Responsibilities: 9.11 The CONSULTANT will not be responsible for the construction means,methods,techniques,sequences or procedures,orthe 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 Workunderorthroughthem. ART1CIE 10 •CHANGES IN THE WORK 10.1 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 awritten 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 Contraa Documents,if any authorized written Change Order causes an increase or decrease in the Contract Pnce or an extension or shortening of the Contract Time,an equitable adjustment will be made as Page 60 of 74 Thomas F.Pepe 2-2L20I7 ^Kr^A™C,e l'°r Artide ,2'AWr,tCen Chan«e °rder *We6 bX ^e crrY ^d thek1^?5^™JlS"a*reement to the te™°'the Change Order.All Change Orders shallbecertifiedbytheCONSULTANTastotheappropriatenessandvalueofthechangeintheWorkaswell as to any change in the time to complete the Work under the circumstances.The failure to include a time extension in the Change Order or in the request for achange order shall result in awaiver of any extension of time due to the change in the work as refleaed in the Change Order 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for aformal written Change Order provided the CONTRACTOR does not request additional time or additional compensation.These may be accomplished by awritten Field Order.If the CONTRACTOR believes ?^r*A^g\°r alteration auth°rized by the CONSULTANTS Field Order would entities the CONTRACTOR to an increase in the Contraa Price or extension of Contraa Time,it must submit a wntten notice ofintent to demand a Change Order within twenty-four (24)hours ofthe issuance of the 1C ™™^'Ubmit a¥n1tten pr°pOSalfor Chan«e°rder^*hfour <*)daY*thereafter,otherwisetheCONTRACTORshallbedeemedtohavewaivedsuchclaim 10.3 Additional Work performed by the CONTRACTOR without authorization of awritten Change Order shall not entitle it to an increase in the Contraa Price or an extension of the Contract Time,except in ina S6 C™*?•emer8ency MP^ed in paragraph 6.22 and except as provided in paragraph 10.2. Ju CvS .w,"execute appropriate Change Orders prepared by the CONSULTANT covering changes intheWork,to be performed as provided in paragraph 4.4,and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for achange in the Contraa Time orthe Contraa Price which is approved bythe CONSULTANT. {VS™CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contraa Price or Contraa Time and the amount ofthe applicable bonds shall be adjusted accordingly.The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work.The Work shall be stopped until the CONTRACTOR provides such proof ofadjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR ARTICLE BB-CHANGE QF CONTRACT PRICE. 11.1 The Contraa Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work.All duties,responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall beatits expense without changing the Contract Price. 11.2 The CITY may,at any time,without written notice to the sureties,by written order designated or indicated to be aChange Order,make any change in the Work within the general scope ofthe Contract, including butnot limited to changes toor in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance oftheWork. 11.2.3 CITY-furnished facilities,equipment,materials,services,or site;or 11.2.4 Acceleration in the performance oftheWork. 11.3 Except as provided in this section,or seaions referred to in this section,no order,statement,or condua of the CFTY shall be treated as aChange Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in awritten Change Order,or as otherwise provided in another section ofthe Contraa Documents. 11.4 When aChange Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing,the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with the dollar amount ofthe Change Order.If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of,or the time required for,the performance ofany part ofthe Work under this Contract,for which the CITY and the CONTRACTOR cannot reach atimely agreement,an equitable adjustment based on the cost of the Work shall be made and the Contraa modified accordingly. 11.5 If the CONTRACTOR intends to assert aclaim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT,it shall,within ten (10)calendar days after receipt of awritten Change Order,submit to the CITY and CONSULTANT awritten notice including astatement setting forth the general nature and monetary extent ofsuch claim for equitable adjustment,time extension requested and supporting data.In determining the cost ofthe Change Order,the costs shall be limited to those listedin section 11.7 and 11.8. Page 61 of74 Thomas F.Pepe 2-21-2017 10.5 11.6 No claim bythe CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section orif asserted after final payment under this Contract, 11.7 The value of any Work covered by a Change Order orof any claim for an increase or decrease in the Contraa Price shall be determined in one ofthe following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15%.If the CONTRACTOR disagrees with the CONSULTANTS determination of reasonable costs,the CONTRACT shall provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direa extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order.Except as otherwise may be agreed to in writing by CITY,such costs shall be in amounts no higher than those prevailing in Miami-Dade County and shall include only the following items: 11.8.1 Payroll costs for employees in the direa employ ofCONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR.Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.Payroll costs shall be limited to: salaries and wages,plus the costs of fringe benefits which shall include social security contributions,unemployment excise and payroll taxes,workers1 compensation,health and retirement benefits,sick leave,vacation and holiday pay applicable thereto.Such employees shall include superintendents and foremen at the site.The expenses of performing Work after regular working hours,on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided itwas not in any way,whether in whole or in part the result ofthe fault ofthe CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or dueinwholeor in part to Defective Workofthe CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work,including costs of transportation and storage,and manufaaurers'field services required in connection therewith.The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that offer a discount.Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts shall accrue tothe OWNER.All trade discounts,rebates and refunds,and all returns from sale of surplus materials and equipment shall accrue to OWNER,and CONTRACTOR shall make provisions sothattheymaybe obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontraaors for Work performed by Subcontractors.If required by CITY,CONTRACTOR shall obtain competitive bids from Subcontraaors acceptable to him and shall deliver such bids to CITY who will then determine with the advice ofthe CONSULTANT,which Bids will be accepted.No subcontraa shall be a cost plus contraa unless approved in writing by the CITY.If aSubcontraa provides that the Subcontraaor is to be paid on the basis ofCost ofWork plus a fee,the cost ofthe Work shall be determined in accordance this section 11.8 and in such case the word "Subcontraaor"shall be substitutedfortheword "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 agreements.The rental ofany such equipment,machinery or parts shall cease when the usethereof is no longer necessary for theWork. 11.8.5 Sales,use or similar 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 ofutilities,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 itemsin connection withtheWork. Page 62of74 Thomas F.Pepe 2-21-2017 11.8.9 CoSt of premiums for additional Bonds and insurance required solely because of changes in the ..ft ^Work»not to ******«wo 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: 11.9.i Payroll costs and other compensation of CONTRACTOR'S officers,executives,principals (of partnership and sole proprietorships),general managers,engineers,architects,estimators,lawyers agents,expediters,timekeepers,clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 115 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site 11.9.3 Any part of CONTRACTOR'S capital expenses,including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR,any Subcontraaor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,including but not limited to.the correction of defeaive work,disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 11.10.1 Amutually acceptable firm fixed price;or if none can be agreed upon. 11.10.2 Amutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount ofthe actual net decrease in costs calculated in the same manner as provided in 11.8.When both additions and credits are involved in any one change,the net shall be computed to include overhead and profit,identified separately,for both additions and credit, provided however,the CONTRACTOR shall not be entided to claim bst profits for any Work not performed. ARTICLE |2 -TIME FOR COMPLETION,10 QUIDATED DAMAGES ANDCHANGEOFTHE CONTRACT TIME.™ 12.1 Time is of the essence to this contraa and the date of beginning and the time for completion of the Work are essential conditions of the Contract.Therefore,the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contraa Time.It is expressly understood and agreed,by and between the CONTRACTOR and the OWNER,that the Contraa Time for the completion ofthe Work described herein is a reasonable time,taking into consideration the average climatic and economic conditions and other faaors prevailing in the locality of the Work.No extension oftime shall be granted due conditions that the Contraaor knew of or should have known of before bidding on the projea or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contraa Time,or extension oftime granted by the CITY,then the CONTRACTOR shall pay to the OWNER the amount of liquidated damages as specified in the Contraa Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the OWNER for its inability to obtain fiill use of the Project Liquidated damages are hereby fixed and agreed upon between the parties,recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay,and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect ofthe failure of CONTRACTOR to complete the Contract on time.The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to dedua the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. Page63of74 Thomas F.Pepe 2-21-2017 12.4 The Contraa Time may only be changed by a written Change Order.Any claim for an extension in the CONTRACT TIME shall bebasedonwrittennotice delivered tothe CITY and CONSULTANT within five (5)business days ofthe occurrence ofthe event giving rise to the claim and stating the general nature ofthe claim including supporting data.All claims for adjustment in theContraa Time shall be evaluated and recommended by the CONSULTANT,with final approval by the CITY'S representative.Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits statedintheContract Documents areoftheessenceofthe Contract, 12.6 No claim for delay shall be allowed because offailure to furnish Drawings before the expiration of fourteen (14)calendar days after demand has been made in writing tothe CONSULTANT for such Drawings.Furthermore,there shall be no monetary compensation for such delay and the CONTRACTOR'S sole remedy shall be an extension of time for the period ofdelay, 117 Extensions totheContraa Time for delays caused by the effects of inclement weather shall notbe granted unless the weather was unusual for South Florida and could not have been anticipated,the abnormal weatheris documented by records from the national weather service and the abnormal weatheris documented to have hada substantial affeaed ontheconstruaion schedule. 12.8 No Damages for Delay:The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months,whether individually or cumulatively,and then the damages shall be limited to increased cost of materials that were unanticipated and thatwould not have been incurred but for the delay.Other than as setforth above,the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay.Other than asset forth above,CONTRACTOR shall notbe entitled toan increase in the Contraa Price or payment or compensation of any kind from OWNER for direct,indirect consequential, impaa orother costs,expenses or damages,including butnot limited to,costs of acceleration or inefficiency,overhead or lost profits,arising because of delay,disruption,interference or hindrance from any cause whatsoever,whether such delay,disruption,interference or hindrance be reasonable or unreasonable,foreseeable or unforeseeable,oravoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st day following thedateoftheevent upon which the claim is based. 12.10 Dispute Resolution:If any dispute concerning a question offact arises under the Contract other than termination for default or convenience,the CONTRACTOR and the city department responsible for the administration of the Contraa shall make a good faith effort to resolve the dispute.If the dispute cannot be resolved by agreement then the department with the advice of the City Attorney and the CONSULTANT shall rule on the disputed issue and send a written copy of its decision tothe CONTRACTOR.CONTRACTOR shall comply with such decision and shall not delay the project. ARTICLE 13-GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly,all materials and equipment furnished and Work performed for patent Defective Work for a period of one (I)year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance,if issued,the Certificate of Occupancy,if issued,or the Certificate of Completion,if issued by the City,whichever is applicable and if more than one is applicable,the one that is issued last for patent Defeaive Work,.The same guarantee and unconditional warranty shall be extended for three (3)years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance,if issued,the Certificate of Occupancy,if issued,or the Certificate of Completion,if issued by the City,whichever is applicable and if more than one is applicable,the one that is issued last for latent Defective Work.The CITY will give notice of observed defects with reasonable promptness.In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10)calendar days after having received written notice of the defect or should the CONTRACTOR commence the corrective work,but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable few,rules and regulations,the CITY may declare an event of default terminate the Contraa 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 effea through the guarantee period. 13.2 The specific warranty periods listed in the Contraa Documents,if different from the period of time listed in Section 13.1,shall take precedence over Section 13.1. Page 64 of74 Thomas F.Pepe 2-21-2017 13.3 CONTRACTOR shall act as agent,on alimited basis for the OWNER,at the CITYs option,solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 ncase of default by the CONTRACTOR,the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurredthereby. 13.5 The CITY may withhold acceptance of.or reject items which are found upon examination,not to meet the specification requirements.Upon written notification of rejection,items shall be removed within five (5)business days by the CONTRACTOR at his own expense and redelivered at his expense.Rejected goods left longer than thirty (30)calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any daim to the good or to compensation of any kind.Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default ARTICLE 14 .PAYMENTS AND COMPLETffrM Payments to Contractor 14.1 The Contraaor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a purchase order",or any other document,does not and shall not authorize the commencement of the Work.At least ten (10)calendar days before each progress payment falls due (but not more often than once a month),the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons,firms and corporations who have furnished labor,services or materials incorporated into the work during the period of time for which the previous progress payment was made releasing such claims and lien rights,if any.of those persons.If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data,satisfactory to the CITY which establishes the OWNER'S title to the material and equipment as well as certificates ofinsurance providing coverage for 100%of the value of said material and equipment covering the material and equipment from all casualties as well as theft,vandalism,fire and flood.The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation.The CONSULTANT will within ten (10)calendar days after receipt of each partial payment estimate,either certifying in writing its approval of payment and present the partial payment estimate to the OWNER,or return the partial payment estimate to the CONTRACTOR,indicating in writing his reasons for refusing to approve payment In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate.The OWNER,will within thirty (30)calendar days of presentation to it of any approved partial payment estimate,pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate.The OWNER shall retain ten (10%)percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contraa Documents. Any interest earned onthe retainage shall accrue tothe benefit ofthe OWNER. 14.2 The CONTRACTOR,before it shall receive final payment,shall deliver to the CITY a Contrattor's Final Payment Affidavit as setforth in the Florida Construction Lien Statute as well as final releases of Ben executed by all persons who have performed or furnished labor,services or materials,directly or indirectly,which was incorporated into the Work.If any person refuses to provide such a release or .provides a conditional release,the CITY shall have the right to issue a joint check made payable to theCONTRACTORandsuchperson.^ Contraaor's Warrantyof Titl» 14.3 The CONTRACTOR warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment whether the Work,material or equipment is incorporated in the Projett or not,shall have passed to the OWNER prior to the making of the Application for Payment,free and clear ofall liens,claims,security interest and encumbrances (hereafter in these General Conditions referred to as "Liens");and that no Work,materials or equipment,covered by an Application for Payment,will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project,under or pursuant to an agreement under which an Page65of 74 Thomas F.Pepe 2-21-2017 interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTORorsuchother person. ApprovalofPayment 14.4 The CONSULTANTS approval of any payment requested in an Application for Payment shall constitute a representation byhimtothe CITY,based ontheCONSULTANTSonsite observations ofthe Work in progress as an experienced professional and on his review of the Application for Payment and supporting data,that the Work has progressed to the point indicated in the ^plication for Payment;that,to the best his knowledge,information and belief,the quality oftheWorkis in accordance with the Contract Documents (subjea to an evaluation ofthe Work as a functioning Project upon substantial completion as defined in Article I,to the results of any subsequent tests called for in the Contraa Documents and any qualifications stated in his approval);and that the CONTRACTOR is entitled to payment ofthe amount approved.However,by approving,any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity ofthe Work,or that he has reviewed the means,methods,techniques,sequences and procedures ofconstruction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid orto be paid to him on account of the Contract Price,or that tide to any Work,materials,or equipment has passed to the OWNER free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment "I hereby certify that the labor and materials listed on this request for payment have been used in the construction ofthis Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location,and payment received from the bst request for payment has been used to make payments to all his Subcontractors and suppliers,except for the amounts listed below beside the names ofthe persons who performed work orsuppliedmaterials". In the event that the CONTRACTOR withholds payment from aSubcontractor or Supplier,the same amount ofmoney shall be withheld from the CONTRACTOR'S payment until the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement,otherwise the money shall be held by the OWNER until ajudgment 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 tothe 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 payment,orit may void any prior payment application certification because ofsubsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary initsopinion to protea the OWNER fromloss because: 14.6.1 of Defeaive Work,or completed Work has been damaged requiring correaion or replacement, 14.6.2 theWork 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 orreceiptthereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITY has correct Defeaive Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfaaory prosecution of the Work,including failure to clean up as required by paragraphs 6.29and6.30, 14.67 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry outtheWork in accordance with the Contraa Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR,or 14.6.9 ofany other violation of,or failure to comply with provisions ofthe Contraa Documents Prior to Final Acceptance the OWNER,with the approval of the CONSULTANT,may use any completed or substantially completed portions oftheWork provided such use does not interfere with the C,°LNT!^CTOR,S comP,etion of *«Work.Such use shall not constitute an acceptance of such portions of the Work. The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contraa Documents.This provision shall not be construed as relieving the CONTRACTOR ofthe sole ^m Page 66of74 Thomas F.Pepe 2-21.2017 14.7 14.8 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. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contraa Documents.The entire balance found to be due the CONTRACTOR,including the retained percentages,but except such sums as may be lawfully retained by the OWNER,shall be paid to the ,,,*CONTRACTOR within thirty (30)calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the Owner.The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards.ePayables.streamline the process of making payments to your organization going forward,the City will provide the CONTRACTOR with a credit card account number to keep on file.This card has unique security features,with $0 of available funds until an invoice is approved for payment After an invoice has received proper and complete approval,an electronic remittance advice will be sent via e-mail,or fax,which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email.Please refer to the ePayables Questions &Answers Form contained in this RFP or contact the OWNER'S Finance department at (305)663-6343 with any questions. Acceptance of Final Payment as Re|easP ,4JI ^^CJLeptanCe b/the CONTRACTOR of Final Payment shall be and shall operate as arelease to theOWNERandawaiverofallclaimsandallliabilitytotheCONTRACTORotherthanclaimspreviously filed and unresolved.The waiver shall include all things done orfurnished in connection with the Work and for every aa and neglea of the OWNER and others relating to or arising out of this Work.Any payment,however,final or otherwise,shall not release the CONTRACTOR or its sureties from any obligations under the Contraa Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protett the OWNER from loss if he determines,because of subsequently discovered evidence or the results of subsequent inspeaion or tests,that 14.12.1 the Work is defective,or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the projea is no longer Substantially Completed,or in the case of Final Completion certification,is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received,or there is reasonable evidence indicating the probable filing or receipt thereof that if valid and paid,would reduce the amount owing to the CONTRACTOR BY 20%in the case ofSubstantial Completion and 5%in the case of Final Completion. 14.12.4 there is Defective Work the value of which,if deduaed from the contraa price would reduce the amount owing to the CONTRACTOR BY 20%in the case of Substantial Completion and 5% inthecaseof Final Completion. 14.13 If tiie CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification")by the CONSULTANT,the CONTRACTOR shall repay to the City of South Miami any money paid as a result of said Initial Certification being issued which shall be paid only when the decertified work is re certified. 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 CONSULTANT,which shall fix the date on which Work shall be resumed.The CONTRACTOR shall be allowed an increase in the Contraa Price or an extension of the Contraa Time,or both,directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles II or Article 12. CityMayTerminate i5.2 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 Page 67 of74 Thomas F.Pepe 2.21-2017 property,or ifhe files a petition to take advantage of any debtor's act or to reorganize under bankruptcy or similar laws,orifhe repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment orifhe repeatedly fails to make prompt payments to Subcontraaors or for labor,materials or equipment or he disregards laws,ordinances,rules,regulations or orders ofany public body having jurisdiction,or if he disregards the authority ofthe CONSULTANT,orif he otherwise violates any provision of,the Contract Documents,then the CITY may,without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7)calendar days written notice, terminate the services of the CONTRACTOR and take possession ofthe Projea and of all materials, equipment tools,construction equipment and machinery thereon owned by the CONTRACTOR,and finish theWorkby whatever method it may deem expedient.In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished.If the unpaid balance ofthe Contraa Price exceeds the direa and indirect costs ofcompleting the Project including compensation for additional professional services,such excess shall be paid to the CONTRACTOR.If such costs exceed such unpaid balance,the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the OWNER.Such costs incurred by the OWNER shall be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Seaion.it is determined by acourt of competent jurisdiction for any reason that the CONTRACTOR was not in default the rights and obligations ofthe OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section I5.S 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affea any rights ofthe OWNER against the CONTRACTOR then existing or which may thereafter accrue.Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release the CONTRACTOR from liability. 15.4 Upon seven (7)calendar days'written notice tothe CONTRACTOR and the CONSULTANT,the CITY may,without cause and without prejudice to any other right or remedy,eleato terminate the Contraa for the convenience ofthe OWNER.In such case,the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination,minus any deduction for damage or Defeaive Work.No payment shall be made for profit for Work which has not been performed. 15.4A The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s)or service(s)in a timely manner as requested,to obtain the good and/or services from other sources and deduaing the cost from the Contract Price without violating the intent ofthe Contract Removal of Equipment 15.5 In the case oftermination ofthis 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 ofthe OWNER.Should the CONTRACTOR not remove such equipment and supplies,the CITY shall have the right to remove them at the expense ofthe 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 items for which the CONTRACTOR has been paid in whole or in part Contractor May Stop Work or Terminato 15.6 If,through no aa or fault of the CONTRACTOR,the Work is suspended for aperiod of more than ninety (90)calendar days by the CITY or by order of other public authority,or under an order ofcourt or the CONSULTANT fails to act on any Application for Payment within thirty (30)calendar days after it is submitted,or the OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT within thirty (30)calendar days of its approval,and presentation,then the CONTRACTOR may upon twenty (20)calendar days written notice to the CITY and the CONSULTANT,terminate the Contract The CITY may remedy the delay or neglect within the twenty (20)calendar day time frame If timely remedied by the CITY,the Contract shall not be considered terminated.In lieu of terminating the Contract if the CONSULTANT has failed to aa 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. Page 68of74 Thomas F.Pepe 2-21-2017 Indemnification of Independent Constant 15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent contraaor of the OWNER,the CONSULTANT may be reluctant to rule on any disputes concerning the Contraa Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the terms of the Contract Documents.Therefore,the OWNER,at the CONSULTANT'S request agrees to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes an interpretation,de-certifies a payment application,decertifies Substantial Completion,decertifies Final Completion,certifies an event of default or approves any action which requires the approval ofthe CONSULTANT.KP ARTICLE 16-MISCELLANEOUS 16.1 Whenever any provision of the Contraa Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual ortoa member ofthe firm or to an officer of the corporation for whom it is intended,or if delivered at or sent by registered or certified mail,postage prepaid,tothelastknown business address. 16.2 The Contract Documents shall remain the property of the OWNER.The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion ofthe Project 16.3 The duties and obligations imposed by these General Conditions,Special Conditions and Supplementary Conditions,if any,and the rights and remedies available hereunder,and,in particular but without limitation,the warranties,guarantees and obligations imposed upon CONTRACTOR by the Contraa Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder,shall be in addition to,and shall not be construed in any way as a limitation of,any rights and remedies available by law,byspecial guarantee or by other provisions ofthe Contract Documents. 16.4 Should the OWNER orthe CONTRACTOR suffer injury or damage to its person or property because of any error,omission,or aa oftheotherorof any of their employees or agents orothersfor whose acts they are legally liable,claim shall be made in writing to the other party within twenty-one (21)calendar days ofthe first observance of such injury or damage. ARTICLE 17 •WAIVER OF IURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly,irrevocably voluntarily and intentionally waive any right either may have toa trial by jury in State or Federal Court proceedings in respea to any action,proceeding, lawsuit or counterclaim arising out ofthe Contraa Documents or the performance of the Work thereunder. ART1CM;\9 •ATTORNEYS FEES IURISDICTION /VENUE /GOVERNING LAW 18.1 The Contract shall be construed in accordance with and governed by the law ofthe State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiaion in Florida regarding any claim or action arising outofor relating to the Contraa or Contraa Documents.Venue ofany action to enforce theContraa shall be in Miami-Dade County,Florida. 18.3 Except as may be otherwise provided in the Contract Documents,all claims,counterclaims,disputes and other matters in question between the OWNER and the CONTRACTOR arising out of or relating to this Contraa or the breach thereof,shall be decided in a court of competent jurisdiaion within the State of Florida. ARTICLE 19 -PROIECT RECORDS 19.1 The CITY shall have right to inspea and copy during regular business hours at OWNER'S expense,the books and records and accounts of CONTRACTOR which relate in any way to the Project and to any claim for additional compensation made by CONTRACTOR,and toconduaanauditofthe financial and accounting records of CONTRACTOR which relate tothe Project CONTRACTOR shall retain and make available to CITY all such books and records and accounts,financial or otherwise,which relate to the Projea and to any claim for a period ofthree (3)years following final completion ofthe Project During the Projea and the three (3)year period following final completion ofthe Project CONTRACTOR shall provide CITY access to its books and records upon five (5)business day's written notice. Page 69 of 74 Thomas F.Pepe 2-21-2017 19.2 CONTRACTOR and all ofits subcontractors are required to comply with the public records law (s.l 19.0701)while providing services on behalf ofthe OWNER and the CONTRACTOR,under such conditions,shall incorporate this paragraph in all of its subcontracts for this Project CONTRACTOR and its subcontraaors 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 ofthe requested records or allow the records tobe inspected or copied within a reasonable time ata cost that does not exceed the cost provided in this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law forthe duration ofthecontraa term and following completion ofthecontraa rf the contraaor does not transfer the records tothe public agency;and (d)Upon completion ofthe contract transfer,at no cost to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service.If the contractor transfers all public records to the public agency upon completion of the contract the contraaor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the contraaor keeps and maintains public records upon completion ofthe contract the contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the public agency,upon request from the public agency's custodian ofpublic records,in a format that is compatible with the information technology systems of die public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDINGTHE APPLICATION OF CHAPTER 819,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLICRECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OFPUBLICRECORDS AT 305-663-6340;E-mail:mmenendez@southmSamoffl.gov;6830 Sunset Drive,South Miami,FL 33143. 19.3 If CONTRACTOR or its subcontraaor does not comply with a public records request the CITY shall have the right to enforce this contraa provision by specific performance and the person who violates this provision shall be liable to OWNER for its costs of enforcing this provision,including attorney fees incurred in all proceedings,whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY 20.i If any provision of the Contraa 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 asto which it shall have been held invalid or unenforceable shall not be affected thereby,and shall continue in full force and effect and be enforced to the fullest extent permitted bylaw. ARTICLE 21 -INDEPENDENT CONTKACTQtt, 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contraa.Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subjea 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 22 -ASSIGNMENT 22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties,obligations and responsibilities arising under the terms,conditions and provisions of this Contraa 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 jointly and severally liable for any breach of the Agreement by the assignee,the assignee meets all of the CITTs requirements to the CITTs sole satisfaction and the assignee executes all of the Contraa Documents that were required to be executed by the CONTRACTOR Page 70 of 74 Thomas F.Pepe 2-21-2017 IN WITNESS WHEREOF,the parties hereto have executed the General Conditions Jtp acknowledgetheirinclusionaspartoftheContractDocumentsonthisJ'JF day of IM^Ua ,20 }1 coNTRACTORm^bno ftpilrto CnTpora^n Signature: Thomas F.Pepe 2-21-2017 i Menenoei City Clerk Read and Approved as to Form,Language, Legality,andExecutionThereof: //r^>r< CityAttorney Signature^ Print< Title i rint Signator/s garner:0fWjAr)(9 ¥f>rt\CJ f\c)F? We of Signatory:lEt^IriPA f SOUTH MIAMI Page 7Sof 74 Tennis Fence Installation at Brewer Park RFP #PR2017-05 Consultant:In accordancewith ARTICLE I of theGeneralConditions CONSULTANT isdefinedasthe person identified as the CONSULTANT in the Supplementary Conditions orif none,then CITY's designated representative as identified in the Supplementary Conditions.The CONSULTANTS,if any, and the City's Designated Representative's name,address,telephone number and facsimile number are as follows: Consultant: B.Termination or Substitution of Consultant:Nothing herein shall prevent the CITY from terminating the services ofthe CONSULTANT or from substituting another "person"toaa as the CONSULTANT. C.Plans for Construction:The successful CONTRACTORwillbe furnished N/A setsof Contraa Documents without charge.Any additional copies required will be furnished tothe CONTRACTOR ata costtotheCONTRACTOR equal tothe reproduction cost D.TheScopeof Services,also referred toasthe Work inthecontract documents,isasset forth inthe RFP and in the attached EXHIBIT I,"Scope of Services,"Attachment A<&B,to the RFP and ifthereisa conflict the attached Exhibit shall take precedence. E.Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and inthedocumentsetforthinthe attached EXHIBIT 2tothe RFP andifthereisaconfliatheattached Exhibit shall takeprecedence. F.TheWork shall be completed in &0 workingdays unless a shorter time is set forth intheContraa and in such eventthe Contraa shall take precedent notwithstanding any provision in the General Conditions tothe Contraa thatmaybetothe contrary. iH WITNESS WHEREOF,the parties hereto hayeexecuted theSupplementary Conditions toacknowledgetheirinclusionaspartoftheContractonthiso^day of yUJU\,20 jH, ATTEST Signati Signature: Thomas F.Pepe 2-21-2017 t Menendez CityClerk Read and Approved as to Form,Language, Legality,andExecutionThereof: City Attorney >'*"-/?'-/s contracVor:OhACino BfV»\f\fVD f^iPofaiKOA Signature:\v.~\^t Print Signatoi Titleof Signati frHS it£ofOWNER:CITO-OF-SOUTH Signature: <T> en Alexander CityManager Page 72of74 EXHIBIT 7 City of South MiamiBid Protest Procedures Tennis Fence Installation at Brewer Park RFP#PR20l7-05 RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall be used for resolution of protested solicitations and awards.Theword "bid",aswellas all ofits derivations,shall meanaresponsetoa solicitation,including requestsfor proposals,requestsfora letter ofinterestandrequestsfor qualifications. (a)Notice of Intent to Protest.Any aaual orprospeaive bidder who perceives itself tobe aggrieved in connection with any formal solicitation or who intends tocontestorobjectto any bid specifications or any bid solicitation shall file a written notice of intent to file aprotest with the City Clerk's office within three calendar days priortothedatesetfor opening of bids.Anoticeofintentto file aprotestisconsidered filed when received bytheCityClerk's office by e-mail or,ifhand delivered, whenstampedwiththe City Clerk'sreceiptstamp containing thedateandtimeofreceiptofanoticeof intentto file aprotest.Anyactual responsive and responsible bidderwho perceives itselftobe aggrieved inconnectionwiththerecommendedawardofacontractandwhowishesto protest the award,shall fileawrittennoticeofintentto file a protest withtheCityClerk's office within three calendardaysafter the CityCommissionmeetingatwhichtherecommendationisconsideredforaction. Anoticeofintentto file a protest isconsidered filed whenreceivedbytheCityClerk's office by e-mail or,if handdelivered,when stamped withtheCityClerk'sreceiptstampcontaining the dateandtimeof receipt. (b)Protest ofsolicitation.A protest ofthe solicitation or awardmustbeinwriting ("Protest Letter")andsubmittedtotheCityClerk's office within five calendardaysafterthedateofthe filing of the noticeof intent to filea protest.The Protest Letter is considered filed when the Protest Letter and the required filing feeof$1,000 arebothtimelyreceivedbytheCityClerk's office.In order forthe Protest Letterand filing fee to beconsideredtimelydeliveredbyhand delivery,thedatestampofthe Clerk'sofficemust appear ontheoriginal Protest Letter and/or acopyofthe Protest Letter and the datestampmust also appearonacopyofthecheckissuedforthepaymentofthe filing fee,or,if paymentismadeincash,a receipt mustbe issued bytheClerk'sofficereflecting the dateof receipt of thepayment.While the Clerkmayacceptthe Protest Letterbyemail,the Protest Letter shall notbe considered to betimelyreceiveduntilandunlesstherequired filing feeof$1,000 is receivedby the City Clerk'sofficeand,ifpaymentisincash,areceipt is issuedwith the dateofthe receipt ofpayment,or if paymentisbycheck,acopyofthecheckisstampedby tiie ClerkwiththedatestampoftheClerk's office showingthedateofreceipt.TheProtestLettershall state withparticularitythe specific factsand lawupon which the protest isbased,it shall describeandattach all pertinentdocumentsand evidence relevantand material tothe protest andit shall be accompanied byanyrequired filing.The basis for reviewofthe protest shallbe the documents and other evidencedescribed in and attached to the ProtestLetterandno fatts,grounds,documentation,or other evidence not specifically described inand attachedtotheProtestLetteratthetimeofits filing shall bepermittedorconsideredinsupportofthe protest. (c)Computation of time.Notime will beaddedtothe above time limits for service by mail.The lastdayoftheperiodsocomputed shall be included unless itisa Saturday,Sunday,or legal holiday in which eventtheperiod shall run until thenext day which isnota Saturday,Sunday,or legal holiday. (d)Challenges.Thewrittenprotest may not challenge the relative weight ofthe evaluation criteria orany formula usedfor assigning pointsin making an award determination,nor shall it challenge the City's determination ofwhatisinthe City's bestinterest which isoneofthe criteria for selecting a bidderwhoseoffermaynotbethelowestbidprice. Page73of74 Thomas F.Pepe 2-21-2017 (e)Authority toresolveprotests.The Purchasing Manager,after consultation withtheCity Attorney,shall issueawrittenrecommendationwithinten calendar daysafterreceiptofa valid Protest Letter.Said recommendation shall besenttotheCity Manager withacopysent to theprotesting party. TheCity Manager maythen,submita recommendation totheCityCommissionfor approval or disapproval oftheprotest,resolvetheprotestwithout submission totheCityCommission,orreject all proposals. (f)Stayofprocurement during protests.Uponreceiptofatimely,properand valid ProtestLetter filed pursuantto therequirementsofthissection,the City shall notproceedfurtherwiththe solicitation orwiththe award or execution ofthecontract until theprotestis resolved bytheCity Manager orthe CityCommissionasprovidedinsubsection(e)above,unlessthe City Manager makesawritten determinationthatthe solicitation processorthecontractawardmustbecontinuedwithoutdelayin ordertoavoidpotentialharmtothe health,safety,orwelfareofthe public or to protect substantial interestsoftheCityortopreventyouth athletic teams from effertively missing a playing season. END OF DOCUMENT Page 74of74 Thomas F.Pepe 2-21-2017 South'Miami T»l£CITY Of-PUASA?s»T i IV!\'CT ADDENDUM No.#1 ProjectName:Tennis Fence Installation atBrewerPark RFP NO.PR20I7-05 Date:March 17,2017 Sent Fax/E-mail/webpage Thisaddendum submission isissuedto clarify,supplementand/or modify the previously issued Solicitation,andisherebymadepartoftheDocuments.All requirements oftheDocuments not modified herein shall remainin full forceand effect as originally set forth.It shall bethe soleresponsibilityof the bidder to secure Addendums that maybeissuedforaspecific solicitation. Exhibit I,Scope of Services,Attachment Ais hereby amended and shall be a part of the RFP by way of reference: I,Scope of Work: New chainlinkfabricshallbeprovidedandshallbeClass2bfusion bonded fabric,9 core gaugex 1-3/4"meshsize.Thenewchainlinkfenceshallbe: •Includefour(4)walkgates:two (2)for the south tennis court,one (I)for the north tennis court,and one\f{)for the hardballlracquetball court. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDErVTO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 SoutlrMiami 5 HI:CITY (>r PLEASANT LIVING ADDENDUM No.#2 Project Name:Tennis Fence Installation at Brewer Park RFP NO.PR2017-05 Date:March 23,2017 Sent:Fax/E-mail/webpage Thisaddendumsubmissionisissuedto clarify,supplement and/or modify the previouslyissued Solicitation,andisherebymadepartoftheDocuments.All requirements ofthe Documents not modifiedhereinshallremainin full forceandeffectas originally set forth.Itshallbe the soleresponsibilityof the bidder to secure Addendums that maybeissuedforaspecific solicitation. QUESTION #1: Newlinepoleswill interfere withtennis court.Please clarify if contractor will have to fixthe court as needed.Ifso,please describe existing court's floor composition. RESPONSE: The contractor isresponsible to repairanydamage to thetennis courts whileperformingthe work in accordance with the Exhibit I "Scope ofServices."Thetennis court composition is madeupofasphaltand covered withacrylicmaterialtosealthesurfaceandmarked playing lines. QUESTION #2: Scopeofservices call for4walk gates,howeverthe addition ofthenamedgatesis3(2for south tennis court and I for hardball/racquetball court).Please clarify. RESPONSE: Please refer to Addendum #1,issued for this RFPon March 17,2017 Page1 of3 QUESTION #3: Please clarify locationofnewwalkgates. RESPONSE: Please refer to Addendum #1,issued for this RFPon March 17,2017 QUESTION #4: Please clarify heightof the newgates. RESPONSE: Theheightof three (3)newgates shall be5ft.tall fromground level. Thewalkthrough entrance/exit openinglocatedonthefarsouthend court (adjacent to water fountain)shallbeSft.tallfrom ground level. QUESTION #5: Please clarify newwalkgatewidths. RESPONSE: Thewidthsforallgatesand walkthrough entrance/exitspoints shall bea minimum of4ft. wide. Page 2 of3 QUESTION ftfr Please clarify if any (non-powered)exit sign will be required. RESPONSE: No,exit signs are not required for this project. QUESTION *7« Please clarify lock hardware for new gates. RESPONSE: The lock hardware for the new gates shall be a fork latch lock system. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page3 of3 State ofFlorida Department ofState I certify from the records of this office that CUNANO BUILDERS CORPORATION,isa corporation organized under thelaws of the State of Florida,filed on January 9,2004. The document number ofthis corporation is P04000008708, I further certifythat said corporation has paid all fees duethisoffice through December 31,2007,mat itsmost recent annual report was filed onMarch 22,2007,anditsstatusisactive. I further certifythatsaid corporation hasnot filed Articles of Dissolution. Given under tnp hand andthe Great Seat of Florida,atTallahassee,theCapital,thisthe TwentySecondday ofMarch,2007 (j^foh***~A Secretary ofState Authentication )D:80009456767MB2207-F04000008708 To authenticate this certificate/visit the following site,enterthis ID.ami thenfollowthe instructions displayed. www.sunbiz.org/auth.html 91 010202 Local BusinessTaxReceipt Miami-Dade County,State of Florida -THISIS NOTA BILL-DO NOTPAY 6748413 BUSINESS NAME/LOCATION CUNANO BUILDERS CORPORATION 16259SW81ST MIAMIFL 33193 RECEIPT MO. RENEWAL 7021835 EXPIRES SEPTEMBER 30,2017 Must be displayed at place of business Pursuant to County Code Chapter 6A-Art*9&10 OWNER CUNANO BUILDERS CORPORATION Worker(s)l SEC.TYPE OF BUSINESS 196SPECIALTYBUILDING CONTRACTOR CCC1329646 PAYMENT RECEIVED BY TAX COLLECTOR $75.00 07/19/2016 CHECK21-16-092888 Thb Local Business Taxf permit ara certiflcatta ofthe better'souallfli ornwigaronajeirtal regulatory laws and remanents wMob applytothe business. ThaRECEIPT NO.aboventtistbe displayed onall coaimarcial vehicles-Miami-fade Coda Sao8a~tf& For mora tafonwrflon,visit wwjaiamtdadaqftWtaxcDtiectof tnt oftnaLocal Business Tax.Tba Racajpi is trata tfcanse. as,todobusiness.HoldarnittteoaYplywHliaityfiovefianealal 010584 Local Business TaxReceipt Miami-Dade County,State of Florida -THIS IS NOT ABILL-DO NOT PAY 6882683 BUSINESS NAME/LOCATION CUNANO BUILDER5 CORPORATION 16259 SW81ST MIAMI a 33193 OWNER CUNANO BUILDERS CORPORATION Vorker(s)1 RECEIPT NO. RENEWAL 7158041 EXPIRES SEPTEMBER 30,2017 Mustbe displayed atpiece of business Pursuant to County Code Chapter8A-Art9&10 SEC TYPE OF BUSINESS 196 GENERAL BUILDING CONTRACTOR CGC1618687 PAYMENT RECEIVED BY TAX COLLECTOR $75.00 07/19/2016 CHECK21-16-092923 TMs LocalBusinessTaxReceipt cary confirmspaymentoftoeLocalBusiness Tax,TheRaceipt is acta license, permitof a certification of tbelratder aoiralificatfons.todo business.Holder raust comply withany governmental or noRtfnreranierdaf regulatorylawsand requirereactswbloti applyto thabusiness. Too RECEIPT NO.abovemustbedisplayedonall commercial vehicles -Miami-Bade CodeSec Ba-278. For mom information.visitwww.miBffiidsde.oov/tBxccliector STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850)487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 FERNANDEZ ORLANDO CUNANO BUILDERS CORPORATION 16259 SW81 STREET MIAMI FL 33193 Congratulations!Withthislicenseyoubecomeone otthe nearly one million Floridians licensedbytheDepartmentofBusinessand ProfessionalRegulation.Ourprofessionalsand businesses range from architects to yacht brokers,from boxers to borbeque restaurants,andtheyKeep Florida's economy strong. Every daywe work to Improve thewaywedobusinessinorder Ic serveyoubetter.Forinformationaboutourservices please log onto www.myflorldallcense.com.Thereyoucanfindmore information aboutourdivisionsandtheregulationsthatimpact you,subscribe to department newsletters and learn more about the Department's initiatives. OurmissionattheDepartmenlis:License Efficiently.Regulate Fairly We constantly swve to serve you better so that you can sea'e your customers.Thankyoufordoing business inFlorida, and congratulations onyournew license! ,*«&.STATE OF FLORIDA WM'*DEPARTMENT OF BUSINESS AND ™&PROFESSIONAL REGULATION CGC1518687 ISSUED:05/23/2016 CERTIFIED GENERAL CONTRACTOR FERNANDEZ.ORLANDO CUNANO BUILDERS CORPORATION IS CERTIFIED uider the provisions of Ch.48$FS. E>f.jfai;Ni C«*AUG3"?iC'lfc Ll6«&3OO0i»-9 DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON.SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489FS. Expiration date:AUG31,2018 FERNANDEZ,ORLANDO CUNANO BUILDERS CORPORATION 16259 SW.81 STREET MIAMI FL 33193 ISSUED 05/23/2016 DISPLAY AS REQUIRED BYLAW SEQ#U605230000019 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTIONINDUSTRYLICENSINGBOARD (850)487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 FERNANDEZ,ORLANDO CUNANO BUILDERS CORPORATION 16259 SW.81 STREET MIAMI FL 33193 Congratulations!With this licenseyou become oneofthenearly onemillionFloridianslicensedbytheDepartmentofBusinessand ProfessionalRegulation.Ourprofessionalsand businesses range from architects to yacht brokers,from boxers to barbeque restaurants,andtheyKeepFlorida'seconomy strong. Every daywe work to Improve thewaywedo business In order toserveyou better.For Information about ourservices,please log ontowww.myffortdalicen9e.com.There you can find more information aboutour divisions andthe regulations thatimpact you,subscribe to department newsletters endlearnmoreabout the Department's initiatives. Our mission atthe Department is:License Efficiently,Regulate Fairly.We constantlystriveto serve you better sothatyoucan serve your customers.Thankyoufordoing business in Florida, and congratulations onyour new license! STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSION^SIMULATIONCCC1329646,>^^fO^:.05/23/2016 CERTIFIED ^"'"*"'*"* FERNANDEZ, CUNANO BUII IS CERTIFIED under the provisions of Ch.489 FS. ExpirationdateAUG 31,2016 U605230Q00881 DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY Banna: }CCC1329646 | STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The ROOFING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489FS. Expirationdate:AUG31,2018 FERNANDEZ,ORLANDO CUNANO BUILDERS C< 16259 SW.81 STREET MIAMI A-^ ...^W& ISSUED:05/23/2016 I^SPLAYASRg&UIri a SEQ#L160523000Q881 ueiaii oy entity Name ~IS^Ji'*M,'L?/-^lG /9.^L5»i:»n dJ^yiQ^:s|jj*jS./b^ri'lil?^^!^/P^PJL^X^WiMnLNySlbS ' Detail by Entity Name FloridaProfitCorporation CUNANO BUILDERS CORPORATION Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 16259 SW 81 ST STREET MIAMI,FL 33193 Changed:02/17/2011 Mailing Address 16259 SW 81 ST STREET MIAMI,FL 33193 Changed:02/17/2011 Registered Agent Name &Address FERNANDEZ,ORLANDO 16259 SW81ST STREET MIAMI,FL 33193 Address Changed:02/17/2011 Officer/Director Detail Name &Address Title PTD FERNANDEZ,ORLANDO 16259 SW81ST STREET MIAMI,FL 33193 P04000008708 20-0600598 01/09/2004 FL ACTIVE AMENDMENT 10/04/2005 NONE Annual Reports http://search.sunbiz.org/ln^1/2 OM l/^U I • Report Year FiledDate 2014 03/25/2014 2015 04/22/2015 2016 04/30/2016 Document Images ^^^yB-;r^,M^^.BERQRT '•'>}!/i.;v*,*»fit>"-.,'Vi«\?ij.'\i ?«'•?-p'.)P?' ^ffi^01.r:.i>;L!l?i^l..c Profit V&vV jOVyfjtt :rt PDF t'0!"'T{:'t V^vv :'•'.•;•?.?.•.*n :*"-t.t;;!,;r{m Vievv \\i\n$H n\por*formal. Vseiv s»n,-igs »n POP fo«T»ss< v'K-u'inicK/e •);P'Of fofuy' Viv;\v fv#j»,nr;in PDF fpr^iaf Vh&v imsgt »ri POf-fonnat v'kav jr?;<vj's ?rt PDF f'u?fa?ii Vi«v*»nt^h/f!;i?v'-'Dj'k'toi^t .yj«.v5..,;Y.^.;..»,pnv f»vnr?J v'j?\v ir>i<>:je*:«n v-vDr ton^-al Detailby Entity Name rtitp://searcfisunbiz.org/|^jll r>F.?/? Orlando Fernandez 1105 sw 117 ct ♦Miami,Fl,33184 ♦(786)258-3719 ♦Fern8620@bellsouth.net Objective ProjectManger Construction Project management with strong field management and cost managetnmt experience and the ability to manage subcontractors and equipment with the assurance ofa safe and quality- orientedjob site.. Profile Motivated,personable construction professional and a successful 5-year track record of profitable small business ownership.Liscensed in various fields in construction such as:General,Building and Roofing liscences. Construction history of 14 years with a wide range of knowledge in any aspect thatdeals with it. Skills Summary ♦Project Management ♦ ♦Crew Leadership ♦ ♦QualityControl ♦ ♦BuildingCodes &Permits ♦ Professional Experience Planning&Scheduling ♦ Vendor Relations ♦ OSHASafety ♦ Material Management ♦ Trade Coordination RepairandMaintenance BiuePrintreading analysis Communication Skills PROJECTS CONSTRUCTED INWATERMAN DEVELOPMENT GROUPCORP. ♦Escaliber Homes,400w69 st,Hialeah,Fl,33014 ♦ColonialTownhomes ,500w68 st,Hialeah,Fl,33014 ♦Conquistador Villas,5800 w18lane,Hialeah,Fl,33014 PROJECTS CONSTRUCTED IN BETA,DRYWALL ♦Vineyard at Moncarch Lake,Miramar,Broward County (Lennar Homes) ♦Lake bythe Bay,Old Cuder,Miami (Lennar Homes) PROJECTS CONSTRUCTED IN WCI COMMUNITY CORP. ♦HeronCove,Parkland,BrowardCounty ♦Vista,Highland,Parkland,BrowardCounty ♦BayCove,Parkland,Broward County ♦Colony and Edgewood,Parkland,Broward County PROJECTS CONSTRUCTED IN CUNANO BUILDERSCORP. ♦ShoppingCenter&Carwash,17560 Nw27ave.,Miami Gardens,Fl ♦Single home,945 euclid ave.,MiamiBeach,Fl ♦Single home,6100Nw183terr.,Miami,Fl ♦Single home,8500Pinedrive,CoralGabies,Fl ♦StanciaSuiteMotel1200Nw72ave.Miami,Fl ♦Renacerhomehealthcareoffice,14750Nw77ct.,Miami Lake,Fl Employment History WATERMAN DEVELOPMENT GROUPCORP.-4235west16 ave,HialeahJF1^3012 Foreman,1995to1998 BETA DRYWALL,INC.-LyonsRoadSuite1-10,CoconutCreek,Fl,33073 Project Manger,1998to2002 WCI-11575 HeronBayBlvd.,CoralSprings,Fl,33076 Field Superintendent,2002-2004 CUNANO BUILDERS CORP.-1105 sw117 ct,Miami,FJ,33184 President,2004-Present Orlando Fernandez Resume,Page2 Available for Relocation Education Miami DadeCollege-HialeahJFl Engineering Related Technology,2000 HigherPedagogical Institute for Technical &Professional Education-Habana,Cuba Licentiate in Machinery Construction (Bachelor'sinGeneral Studies),1993 Certifications State Certified General Contractor State Certified Building Contractor State Certified Roofing Contractor 1105 sw 117 ct ♦Miami.Fl 33184 ♦(786)258-3719 ♦Fern8620@bellsouth.net