5(ti') South~iami CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING
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
Agenda Item No.: 5 April 18, 2017
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, is in very 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 the canal) 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 ("RFPII) #PR2017-05 on
Thursday, March 2, 2017 for "Tennis Fence Installation at Brewer Park,!' The
City received four (4) proposals; Cunano Builders Corporation was the lowest
bidder and is in compliance with the terms of the RFP. City staff consulted
with the contractor's references as to hands on experience and received
positive feedback.
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
:;," (Y'~ '\~:
South'Miami
TI IE CITY or I'UASAi'-JT LIVING
FUND &
ACCOUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER·OFFICE MEMORANDUM
Amount not to exceed $66,250. To account for any unknown factors that
may arise, a $5,000 contingency over the proposal of $66,250 is requested.
The total expenditure shall be charged to the Parks and Recreation Capital
Improvement account number 301-2000-572-6450, which has a!'balance of
$800,725 before this request was made.
Resolution
Pre-Bid Conference Sign-In Sheet
Bid Opening Report
Proposal Summary
SunBiz -Cunano Builders Corporation
Demand Star Results
RFP Advertisement
Cunano Builders Corporation's Proposal
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RESOLUTION 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.
WHEREAS, the current fencing system, located along the perimeter of the tennis courts and
racquetball courts, is in very poor condition and requires replacement; and
WHEREAS, 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; Cunano Builders
Corporation was the lowest bidder and is in compliance with the terms of the RFP; and
WHEREAS, to account for any unknown factors that may arise, a $5,000 contingency over
the proposal amount of $66,250 is requested; and
WHEREAS, the total expenditure shall not exceed $71,250 dollars.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is hereby authorized to negotiate and to enter into an
agreement with Cunano Builders Corporation for a new perimeter tennis fence at Brewer Park.
Section 2: The total expenditure in the amount of $66,250 shall be charged to Parks and
Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of
$800J25 before this request was made.
Section 3: The City Manager is authorized to expend an additional $5,000 over the proposal
amount of $66,250 for unknown factors.
Section 4: If any section clause, sentence, or phrase of this resolution is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity ofthe remaining portions ofthis resolution.
Section 5: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this ___ day of _____ , ,2017.
ATTEST: APPROVED:
CITY CLERK MAYOR
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READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard
Vice Mayor Welsh
Commissioner Edmond
Commissioner Liebman
Commissioner Harris
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5
6
7
8
9
10
11
Date:
RFP Title:
RFPNo.:
TilE CITY OF PLEASANT LIVING
Pre-Bid Conference
Sign-In Sheet
March 17,2017
Tenni& Fence Installation at Brewer
Park
PR2017~05
X:\Purchasing\Request for Proposals & Qualification (RFPs)\Tennis Fence at Brewer Park\Pre Bicl\Pre-Bicl Meeting Bewer Park Tennis
Fence Install 3.17.17 .doc
BID OPENING REPORT
( .J ~'
Bids were opened on: Monday, April 3.2017 . after: 1O:OOam
For: RVI) # PH. 2017-05 Tennis Fence Installation at Brewer Parl{
COMPAl'ilES THAT SVBMITTED PROPOSALS: AM01JNT:
1. ClJNANO BUILDERS CORPORAfr02\
2. LEED CONSTRUCTION GROUP
3. MARVI BUILDERS, LLC
4. PO:\TTIFEX CO~STR1)CTIOl\ GROUP, INC.
TIlE ABOVE BIDS I1A VE NOT BEE~ CHECKED.
THE BIDS ARE SlJB,meT TO CORRECTIO~ AFTER TilE BIDS HA VI<: BEEN COMPLETELY REVIEWED.
RFP PR2017-0S "Tennis Fence at Brewer Park"
, NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
Bid Public Entity Signed
Package (1 Fed. Bid Bidder list of Non Coli. Crimes and Drug free OSHA Related Presentation Proof of Contract
Bidder Bid Price Org; 3 Ref. State Sun Biz Form Quanf. Subs' Affidavit Conflicts of Workplace Stds Party Dec Ins with
Copies; 1 Interest
Listings Original
Digital)
Cunano $66,2S0.00 x x x x x x x x x x x x x x x
Builders
LEED $69,574.00 x x x X N/A X X X X X X X X X X
Const.
Marvi $80,550.00 X X X X X X
Builders
X X x x x X N/A X X
Pontifex $82,509.60 X X X X X N/A X X X x x x x x x
Const.
,_ .. -_.
41312017 Detail by Entity Name
Department of State I Dlvlsloo of Corporations I Search Records I Detail By Document Number I
Detail by Entity Name
Florida Profit Corporation
CUNANO BUILDERS CORPORATION
Filing Information
Document Number
FEIIEIN Number
Date Filed
State
Status
Last Event
Event Date Flied
Event Effective Date
Principal Address
16259 SW 81ST STREET
MIAMI, FL 33193
Changed: 02/17/2011
Mailing Address
16259 SW 81ST STREET
MIAMI, FL 33193
Changed: 02/17/2011
P04000008708
20-0600598
01/09/2004
FL
ACTIVE
AMENDMENT
10/04/2005
NONE
Registered Agent Name & Address
FERNANDEZ, ORLANDO
16259 SW 81ST STREET
MIAMI, FL 33193
Address Changed: 02117/2011
Officer/Director Detail
Name & Address
Title PTD
FERNANDEZ, ORLANDO
16259 SW 81ST STREET
MIAMI, FL 33193
Annual Reports
http://search,sunbiz,org/lnquiry/CorporationSearchiSearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CUNANOBUILDE." 1/2
2016 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P04000008708
Entity Name: CUNANO BUILDERS CORPORATION
Current Principal Place of Business:
16259 SW 81ST STREET
MIAMI. FL 33193
Current Mailing Address:
16259 SW 81ST STREET
MIAMI, FL 33193
FEr Number: 20·0600598
Name and Address of Current Registered Agent:
FERNANDEZ. ORLANDO
16259 SW 81ST STREET
MIAMI. FL 33193 US
FILED
Apr 30, 2016
Secretary of State
CC5809729973
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing Its registared office or registered agent. or both. in ihe State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title
Name
Address
PTD
FERNANDEZ. ORLANDO
16259 SW 81ST STREET
City-State-Zip: MIAMI FL 33193
Date
I hereby cerllly that the Information Indicated on this repolf or supplemental report Is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corpora/lon or the receiver or trustee empowered to execute this report as required by Chapt.r 607, Florida Statutes; and that my name appears
above, or On .n attachment with all other like empowered,
SIGNATURE: ORLANDO FERNANDEZ PTD 04/30/2016
Electronic Signature of Signing Officer/Director Detail Date
Member Name
Bid Number
Bid Name
City of South Miami
RFP-RFP #PR2017-0S-0-
2017/SK
Tennis Fence
Installation at Brewer
Park
4 DQcument(s) found for this bid
451 NOTIFIED:
9 Planholder(s) found.
Supplier Name Address 1
Advanced Starlight
International 113 SW 5th Avenue
Condo Electric Industrial
Supply, Inc. 3615 E. 10th Court
Construction Journal, Ltd. 400 SW 7th Street
Cunano Builders Corp 16259 sw 81 st
Gomez & Son Fence 2304 NW 30CT
Link Systems LLC 5870 Hummingbird Court
Marvi Builders LLC 13150 NW Miami Ct
McGraw-Hili 3315 Central Ave
2490 centergate drive #
Praing Associates Inc 201
City State Zip Phone Attributes
Portland OR 97205 5032225718
Hialeah FL 33013 3056915400
Stuart FL 34994 8007855165
Miami FL 33193 7862583719
OAKLAND FL 33332 3054718922
1. Small
Titusville FL 32780 4074010031 Business
Miami FL 33168 3054566725
Hot Springs AR 71913 8506563770
Miramar FL 33025 9544305367
MIAMI. DAfL Y SUSINSSS R.EVIEW
Pupll$h~!I Da!Iy eJ{\':eptS!iit\l(C\ay.S~rldaYE1r1~
~e~al Holidays
Miami. Mfarrt!-OadeCounty, !,lorlda
STATE,OF FLoRIDA
C()lJt-ITY QF MIAMr·OADE:
Before the undersigned authOrity: persOrially appeared
wml~<MJ;.$A;··witO"Q!l!'~tIl;;$aYS that be ()r $h$ 'lstM !-E<sAL
ctERK, . Legar Notices of . the Miami Dail~ BUsiness RevieW
fMa ;.AIElml· ~eview..adaily (e)(cepf $atorct.ElY;· Slinday eod
Legal Holidays) newspaper. published at Miami in Mlaml~Dade.
COllnty, Fi9rtda;; that thE! aWlohed: copy cif advertfsElmenf,
being a Le9al'AdVeffisemEilitof Notice in the nlatter of
lottie XXXX court,
was p~~l1Sheci In Said nElwspapEjr In the IS$ut;lso(
Affiant further says that the said Miami; Dally Bu~ine$$
~evlew fs.s newllPaper pUbJished at Miami. in' saId
Mialtji·OaQe COllOty;. Flor{daandthat the sard 'tiewspapllr he.s
heretofore:beEln contlnl,jously Published iii llaid.Mlami -Dade
C(jlliity;, Flotidae~c!t· !;lay (except Sah!rday;. ~I,jllday .and
1:~Q'aL~OI!daysland /las. been entered as s.llc()lld dall$. m~iI
matter at the post office in Miami in said Miami.OadeCourity.
\F19riCl~i {4t a period of O!')eyellt .next pte~dlng th.e' firill
p(Jbiication of the attacheid cOpy of· adveirtisement';; alld iaffiaht
furthlilrsaY$!.hllt :h,e orahe' flaslleither paid Il.o.r pr(t!ml$ed 'aoy
'person, . flrmoroofPor~tidn ailYdlsoounti rebate, commission
9fc fflrnmt for the. purpOSE! of $eCuriog thili ;;Id'l!lrtl!!ement f9r
PllQIlr:ii!'!iPlrln, ' .
Tennis Fence Installation at Brewer Park
RFP #PR20 17·05
Solicitation Cover Letter
SUBMTTAL DUE DATE: April 3, 2017 at 10:00 AM
The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request
for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or
"Invitation to Bid" to "City" shall be a reference to the City Manager, or the manager's designee, for the City of
South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to
mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFP #PR20 17·05, "Tennis Fence
Installation at Brewer Park!' The purpose of this Solicitation is to contract for the services necessary for the
completion of the project in accordance with the Scope of ServIces, (Exhlbft I, Attachment A & 8), or the plans
and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project")
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the
City Clerk's office Monday through Friday from 9:00 a.m. to 4:00 p.m. or by accessing the following webpage:
http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information.
Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package.
including all documents listed in the Solicitation.
The Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I)
digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the
Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The
entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope
Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is
delivered: "Tennis Fence Installation at Brewer Park,.' RFP #PR20 17-05 and the name of the Respondent
(person or entity responding to the Solicitation. Special envelopes such as those provided by UPS or Federal
Express will not be opened unless they contain the required Envelope Information on the front or back of the
envelope. Sealed Proposals must be received by Office of the City Clerk. either by mail or hand
delivery, no later than 10:00 A.M. local time on April 3, 2017.
A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City
Hall. 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10:00 a.m. local time on said date will
not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be
resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. Hand delivery of
submittals must be made Monday through Friday from 8 AM to S PM to the office of City Clerk.
A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission
Chambers located at 6130 Sunset Drive, South Miami, FL 33143 on March 17,2017 at 10:00 A.M.
The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and
prOVisions of this letter as well as to those prOVisions, terms, conditions, affidavits and documents contained in this
Solicitation Package. The City reserves the right to award the Project to the person with the lowest. most
responsive. responsible Proposal, as determined by the City, subject to the right of the City, or the City
Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or
Solicitation procedure and subject also to the right of the City to award the Project. and execute a contract with a
Respondent or Respondents, other than to one who provided the lowest Proposal Price or, if the Scope of the
Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent.
Maria M. Menendez, CMC
City Clerk, City of South Miami
Page I of 74
SCOPE OF SERVICES and SCHEDULE OF VALUES
Tennis Fence Installation at Brewer Park
RFP #PRlO 17·05
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I
Thomas F. Pepe
2.21·2017
END OF SECTION
Page 2 of 74
No
I
2
3
4
5
6
SCHEDULE OF EVENTS
Tennis Fence Installation at Brewer Park
RFP #PR10 17·05
Event Date*
Advertisement! Distribution of Solicitation & Cone of
Silence begins 312/2017
Non.M!Y1dato~ Pre·RFP Meeting 3117/2017
Deadline to Submit Questions 3/22/2017
Deadline to City Responses to Questions 3128/2017
Deadline to Submit RFP Response 413/2017
Projected Announcement of selected ContractorlCone of
Silence ends 4118/2017
END OF SECTION
Page 3 of 74
Thomas F. Pepe
1-21·]017
Time*
(EST)
10:00 AM
10:00 AM
10:00 AM
10:00 AM
10:00 AM
7:00 PM
INSTRUCTIONS for RESPONDENT
Tennis Fence Installation at Brewer Park
RFP #PR2017-0S
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE
THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
I. Purpose of Solicitation. The City of South Miami is requesting proposals for the lowest and most responsive
price for the Project. The City reserves the right to award the contract to the Respondent whose proposal is
found to be in the best interests of the City.
2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms
normally engaged in providing the services requested. The proposing firm must demonstrate adequate
experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City
of South Miami. The City reserves the right, before recommending any award, to inspect the offices and
organization or to take any other action necessary to determine ability to perform in accordance with the
specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to
perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where
evidence submitted, or investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable. all areas in which the
services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether
an item fully complies with the stated requirements rests solely With the City of South Miami.
4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of
South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in
person, and shall be knowledgeable of the terms of the contract.
5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City'S General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one haVing the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the
Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract. if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened. corrections or modifications to Proposals are not
permitted, but the City may aI/ow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the fol/owing is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful Inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not
including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request
for permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith.
7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
Thomas F. Pepe
2-11.1017
Page 4 of 74
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the
Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation.
S. Any questions concerning the Solicitation or any required need for clarification must be made in Writing, by 10
AM on March 22, 2017 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via
facsimile at (305) 669·2636.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to
such qUestions, shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website.
10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or
the need for additional information shall exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence,"
in accordance with Section SA.?, of the City's Code of Ordinance. From the time of advertisin.£( until the City
Mana~er issues his recommendation, there is a prohibition on verbal communication with the City's
professional staff, including the City Man~er and his staff and members of the City Commission. The Cone
of Silence ordinance, Section 8A·7, has been duplicated at the end of these instructions.
12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such
event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to
one that requests any of the follOWing a proposal, qualifications, a letter of interest or a bid concerning any
contract for the provision of goods or services for a period of one year. Contact shall only be made through
regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are
for the purposes of obtaining additional or clarifying information.
13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal
entities such as a corporation, partnership or limited liability company, employed or retained by a principal
(including an officer of the principal or an employee of the principal whose duties include marketing, or
soliciting bUSiness. for the principal) who seeks to encourage the passage, defeat, or modifications of (I)
ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of
the City Manager or any City board or committee; or (3) any action, decision or recommendation of City
personnel during the time period of the entire decision.making process on such action, decision or
recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or
committee. All firms and their agents who intend to submit, or who submitted. bids or responses for this
Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City
Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively
concerning this Solicitation. Contact shall only be made through regularly scheduled Commission meetings, or
meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or
clarifying information or as otherwise provided for in the City's Cone of Silence. Any presentation before a
selection committee is considered to be lobbying; however, the presentation team may avoid formal
registration by complying with section 8A...5 (c) (9), of the City's Code of Ordinances. A presentation team
affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone
who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her
employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is
submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A·5 of the
City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist.
14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation
and the successful firm will be requested to enter into negotiations to produce a contract for the Project.
The City, however, reserves the right, in its sole discretion, to do any of the following:
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
Thomas F. Pepe
2.21·2017
Page 5 of 74
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest ofthe City.
i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as
determined by the City.
j) to award the Project, and execute a contract with a Respondent or Respondents. other than to one
who prOVided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdiVisions, to award each subdivision to a
separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed
or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in
its employ. to solicit or secure a contract with the City. and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant,
working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor
list pursuant to Chapter 287 follOWing a conviction for a public entity crime may not submit a Proposal on a
contract to provide any goods or services, or a contract for construction or repair of a public building, may
not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a
contract to perform work as a CONTRACTOR, sub-contractor, supplier, sub-consultant, or consultant under
a contract with the City of South Miami, and may not transact business with the City of South Miami for a
period of 36 months from the date of being placed on the convicted vendor list.
17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent'S authorized representative in blue ink at the location of each and every erasure and
correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue
ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or UNA". The
proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal,
the follOWing documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by
f)
18. Goods:
a)
Respondent
Certificate of Insurance and/or Letter of Insurability.
If goods are to be provided pursuant to this Solicitation the follOWing applies:
Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are
equal to the goods described in this Solicitation with appropriate identification, samples and/or
specifications for such item (s). The City shall be the sole judge concerning the merits of items
proposed as equals.
b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a
discrepancy, the City reserves the right to make the flnal determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s)
shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to
Thomas F. Pepe
2·11.1017
Page 6 of 74
do so shall be at the Respondent's risk, and errors shall not release the Respondent from hislher or
its responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to
the City. Each individual sample must be labeled with the Respondent's name and manufacturer's
brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule
indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be
delivered within ten (10) calendar days of the request. The City shall not be responsible for the
return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on
this Proposal prior to their delivery, It shall be the responsibility of the successful Respondent to
notify the City at once, indicating in its letter the specific regulation which reqUired an
alteration. The City of South Miami reserves the right to accept any such alteration, including any
price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole
discretion of the City and at no further expense to the City With thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation shall be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform
in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when
applicable.
19. liability, licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by
law. The Respondent shall be liable for any. damages or loss to the City occasioned by the negligence of the
Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents
shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement
necessary to practice their profession and applicable to the work to be performed as required by Florida
Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These
documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required
licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and
forfeiture of the Proposal/Bid Bond, if reqUired for this Project.
20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 2.
prior to Issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize
the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of
contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the
City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, prodUcing or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal. there has not been,
nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City
from any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this Solicitation shall not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf. to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been Inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
Thomas F. Pepe
2·21.2017
Page 7 of 74
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment,
materials, references, and past history of service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entitles, will be taken into consideration in the Award of the
Contract.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as
amended, when requested shall be cause for rejection of the Proposal as determined by the City.
25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors list following a
conviction for a pUblic entity crime may not submit a response on a contract to provide any services to a
public entity, may not submit Solicitation on leases of real property to a public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of
36 months from the date of being placed on the Convicted Vendors List.
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a
company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to
solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bona fide employee, contractor or sub·consultant, working in Its
employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of a contract with the City.
27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract,
as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a
proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project,
shall not be released until and unless the Respondent waives any and all claims that the Respondent may have
against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's
favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover
its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees.. court
costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required
for this project, shall be applied to the payment of those costs and any balance shall be paid by the
Respondent.
28. Cancellation: Failure on the part of the Respondent to comply with the conditions. specifications,
reqUirements, and terms as determined by the City, shall be just cause for cancellation of the Award or
termination of the contract.
29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security.
30. Performance and Payment Bond: The City of South Miami may reqUire the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price. including
Alternates if any. naming the City of South Miami. and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition.
if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require
that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond.
The bonds shall be with a surety company authorized to do business in the State of Florida.
30. I. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
30.2. Each Performance Bond shall continue in effect for five years after final completion and
acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum.
30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or
subcontractor employed pursuant to this Project.
30.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of
insurance companies as set forth in the insurance requirements of this solicitation.
30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that
the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and
prOVide CITY with evidence of such recording.
Thomas F. Pepe
1·11·1017
Page 8 of 74
30.6. The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the
reqUired insurance documentation as well as a Performance and Payment Bond if these bonds are reqUired.
The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the
required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the
Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/SeCUrity shall be
retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid
Bond. that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent
falls to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If
the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the
Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security
deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same
requirements as a Proposal/Bid Bond.
32. Pre.proposal Conference Site Visits: If a Mandatory Pre.proposal conference is scheduled for this project, all
Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall
be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre.proposal
conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist,
as a Solicitation result of failure to make the necessary examinations or investigations, or fallure to complete
any part of the Solicitation Package. will be accepted as basis for varying the requirements of the Contract
with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a
survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and
will not be entitled to any change order due to any such condition. If the survey is prOVided before the
proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the
survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days
to notify the City of any additional costs required by such conditions and the City shall have the right to reject
the proposal and award the contract to the second most responsive, responsible bidder with the lowest price
or to reject all bids.
33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with
the provisions stated in the appropriate section of the Contract Documents. including the Proposal Form. No
change orders shall be allowed for delays caused by the City, other than for extensions of time to complete
the Work.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a
fully completed Construction Bid Form found on EXHIBIT 3 and a ResfJondents Cost and Technical
ProfJosal, if included, which is a part of this Solicitation Package.
35. Cancellation of Bid Solicitation: The City reserves the right to cancel, In whole or part, any request for
proposal when it is in the best interest of the City.
36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid
proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies,
fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent'S principal,
partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or
quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid
in full. No bidder who is in default of any prior contract with the City may have their bid considered until the
default is cured to the satisfaction of the City Manager.
38. Bid Protest Procedure. See attached EXHIBIT 7.
39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee. the evaluation criteria is
attached as EXHIBIT NIA
40. AVAILABILITY OF CONTRACT • Any Governmental or quasi.governmental entity, in this or In any other
state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded
Thomas F. Pepe
1.21·2017
Page 9 of 74
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 its own contract/agreement, place its
own orders, Issue its own purchase orders, be invoiced there from and make its own payments, determine
shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
41. NON-APPROPRIATION OF FUNDS. In the event that no funds or insufficient funds are appropriated and
budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded
pursuant to this solicitation, then the City. upon written notice to Successful 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 in the proposal
do not exceed existing prices to other customers for the same or substantially similar items or services for
comparable quantities under similar terms. conditions, wages, benefits, insurance coverage and any other
material cost factors. If respondent's prices decline. or should respondent, at any time during the term of a
contract entered into With City. provide the same goods or services with the same comparable quantities
under similar terms. conditions, wages, benefits. insurance coverage and any other material cost factors,
Respondent shall Immediately extend the same prices to City.
Thomas F. Pepe
2.21-2017
END OF SECTION
Page 10 of 74
CONE OF SILENCE ORDINANCE, SECTION 8A·7
Tennis Fence Installation at Brewer Park
RFP #PR2017·0S
Chapter SA of the City of South Miami Code of Ordinances is hereby amended in pertinent part to 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 such as a request for proposal (ltRFplt), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as
the "Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential
Bidder; (hereinafter referred to as the "Bidder's Representative') and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) "City's professional staff" means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation. At the time of imposition of
the cone of silence. the City Manager or Manager's designee shall: (a) provide for public notice
of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the
affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy
thereof on each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning
of the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is
terminated by the City Manager. However, if the City Commission refers the Manager's
recommendation back to the Manager or staff for further review, the cone of silence shall be
reimposed until the beginning of the City Commission meeting at which the City Manager makes
a subsequent written recommendation.
(D) Exceptions to applicability. The prOVisions of this section shall not apply to:
( I) Communications at a duly noticed pre-bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission
meeting at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
Thomas F. Pepe
2.21·2017
Page II of74
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113;
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
(4) Written communication at any time with any City professional staff (not including
selection, evaluation or negotiation committee members), unless specifically prohibited by
the applicable competitive solicitation documents. This section shall not be construed to
prevent written communication between City professional staff and any City selection,
evaluation or negotiation committee. A copy of any written communication made during
the cone of silence shall be contemporaneously filed with the City Clerk by the Potential
Bidder or Bidder's Representative. The City Clerk shall make copies available to any person
upon request;
(5) Communication that is strictly limited to matters of those processes or procedures that
are contained in the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is
designated as being responsible for administering the procurement process for such
solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
(10) Communications prior to bid opening between City's profeSSional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto
between a Potential Bidders and/or Bidder's Representatives and any member of the City's
professional staff including, but not limited to the City Manager and his or her staff, are in
writing or are made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their
representative, shall render any award to said bidder or proposer voidable by the City
Commission and/or City Manager. Any person who violates a prOVision of this section may be
prohibited from serving on a City selection or evaluation committee. In addition to any other
penalty prOVided herein, violation of any provision of this section by a City employee may
subject said employee to disciplinary action at the discretion of the City Manager.
Thomas F. Pepe
1.11.2017
END OF SECTION
Page 12 of 74
PROPOSAL SUBMITTAL CHECKLIST FORM
Tennis Fence Installation at Brewer Park
RFP #PR10 17-0$
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified in an addendum to this Solicitation. The response shall include the follOWing items:
Attachments and Other Documents described below Cl I lec ( to be Completed
x
x ----
x ----
x
----
IF MARKED WITH AN "X": Completed.
Proposal Package shall consist of one (I) original unbound
proposal, three (3) additional copies and one (I) digital (or
comparable medium including Flash Drive, DVD or CD) copy
Indemnification and Insurance Documents EXHIBIT 2
Construction Bid Form, EXHIBIT 3
Signed Contract Documents (AII-including General Conditions
and Supplementary Conditions if attached), EXHIBITS 4, 5, & 6
x Respondents Qualification Statement ----
x List of Proposed Subcontractors and Principal Suppliers ----
x Non-Collusion Affidavit ---
x ----Public Entity Crimes and Conflicts of Interest
x ----Drug Free Workplace
x Acknowledgement of Conformance with OSHA Standards ----
x Affidavit Concerning Federal & State Vendor listings ----
x Related Party Transaction Verification Form ---
x ----Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
Thomas F. Pepe
2-21-2017
END OF SECTION
Page 13 of 74
RESPONDENT QUALIFICATION STATEMENT
Tennis Fence Installation at Brewer Park
RFP #PR20 17·05
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. list the last three (3) completed similar projects.
a) Project Name:
b)
Thomas F. Pepe
2.11·1017
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price
Page 14 of 74
Soo\h()J f,d )Pf\\f)f POiOt
Cit! of pembroKe PiDeJ
301. b\\}J 1 Q3rJA\Je PeMbrofe Hf\(~
(286) 343 ~ '10 Zq
30 dC/y)
,
1.4 550
1 ~ 5 Sc)
A(qcieMiC '.idle/fie SChool
C'\\-y Of rem b toKe Pi () fJ
] (189 gber'i don sf,. f!. LqvaetdCf/e
(g54)~50·]060
5ef}ember
5eEtember
15,.000
75'·000
c) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
3. Current workload
\?ea\ e CaJ ~a \1qb e fOqe I <?
A\\9 'i e G:/IQO
,286 -255-2816
bO dqY5
uo\y 15, '201G
61r 4 ()C
4. The fo"owlng information shall be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
5. list and describe any:
Thomas F. Pepe
2·21.2017
Page 15 of 74
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, ~ fA
b) Any arbitration or civil or criminal proceedings, or \~ i ~
Suspension of contracts or debarring from Bidding or Responding by any pUblic agency brought
c) against the Respondent in the last five (5) years ~) ~
6. Government References: ..
List other Government Agencies or Quasi-Government Agencies for which you have done business
within the past fIVe (5) years.
Name of Agency: \\\9 \ e ah \\ruSt (\9 I\t)\ bor 1'r7
'15 EGn\ 6'\h S\, \j\Q\eq~ fL 33010
(305) B B 8 ~ q i44i ,
Address:
Telephone No.:
Contact Person: " \,)\ . ~ r . f'1 \ '.i , l \ ,I d
Type of Project: Rq \ \\\\ L) ReekKemf'n .. R enr/x\·;t.q'h Of), ROOfi,~ 9
Name of Agency: C\\y 0\ fy\\qf't\i Gqrdenj
Address: <185 C\.'\ N \\J £ f-th A\je, f'\iqPl\i 6Q:Je (\} FL 3305 (;
Telephone No.: (305 ) 6~o .-5S 6 C1
Contact Person: fV\ ;, Chq e \ R C! m Q,}
Type of Project: t\O\J)e R e nqb \ \ \ \Q l \ 0 n
Name of Agency: '\~ e 5(hoo) (iOqrcl 0 f' PC[ lm 8 each
Address: '10 lee) Pi oe) 8\Vd.
Telephone No.: (954') 450 -1060
Contact Person: R Q< )\ () r \ e 9 q
Type of Project: -f~e,..l..' (\.u.(~-l~a.1.-C.J.J _______ _
Thomas F. Pepe
2.21·2017
Page 16 of 74
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
Tennis Fence Installation at Brewer Park
RFP #PR10 17 ·OS
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to
be used on this are awarded the Contract.
Landscape
Sodding and Turf Work
Electrical
Irrigation
Paving
Park Amenities
Fencing
Utilities
Excavation
Building
Structures
Plumbing
Painting
Testing Laboratory
Soil Fumigator
Thomas F. Pepe
1-11·1017
END OF SECTION
Page 17 of74
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF MIAMI·DADE )
~ \ \ --"'( .... )~r .......... r4'A O ..... ( .... ) ..... D'----"f_€-....f"""\\-"Q ... · ... (\...,( .... ) .... f ... , .... 2_~_-.-being first duly sworn, deposes and states that:
(I)
(2)
(3)
(4)
(5)
Witness
He/Sherrhey is/are the ere ) \ d e D)
(Owner, Partner, Officer, Representative or Agent) of
_(~) ..... l,j.J\~'-'r\C\ .... ,· .... f\...o.;C""'·,---'S""-"-Uu,\...;.\"""'C1u,. e<-lr ..... )_l~1~(.L)"'-r..1..e_. __ the Respondent that has submitted the
attached 'Proposal; • , e
He/She/They is/are fully informed concerning the preparation and Contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
Such Proposal is genuine and is not a collusive or sham Proposal;
Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived
or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly, sought by agreement or col/us ion, or communication, or conference with any
Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, or co fix any overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against (Recipient), or any person interested in the proposed
Work;
The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
)
By: ~tA
~J..!oU.U.l,.tp<:..-~:..I.i..:..' nJt.:::.:..',.)~~-'dent
MorCh _:10, 201 l'
Date i
ACKNOYVLEDGEME~T
\ \\W.~f :!III.
STATE OF FLORIDA ) . i"~ .~ !,~&~!\'I",~
(\ .' .--::2-. ,;~",e' :. i Angelica L. Brown
COMMISSION IFF907151
eXPIRES:No~ber8.2019 J-'" .:; • • It
) ..... ~~i*~~ WWW.MRONNOTARY.COM COUNTY OF MIAMI·DADE .' ~11'Iill'W\"'·
On this the:) -::::-; day of \y\6';:"'''' --;,io~ before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
Thomas F. Pepe
2·21.2017
Page 18 of 74
is/are Subscribed to the within
instrument. and he/she/they acknowledge that he/she/they executed it. )
--'v-,,! WITNESS my hand and official seal. _____ ./'_' ._-1-_________ _
NOTARY PUBLIC:
SEAL OF OFFICE:
Thomas F. Pepe
2·21·2017
Ange\ica L. Brown
COMMISSION #FF90715 1 (L., y1) (..\1-........
EXPIRES: NOYllmbet I. 2019 ~~"""""'-:-:-...I.o.J,~F""":-"--;"'--';:;''';''''-----
WWW.AARONNOTARV.COM
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
Page 19 of 74
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Bid or
proposal for a Contract With a public entity for the construction of repair of a public building or public work. may
not submit bids or proposals on leases or real property to a public entity. may not be awarded to perform Work
as a RESPONDENT, Sub-contractor, supplier. Sub-consultant, or Consultant under a Contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount Category Two of
Section 287.017, Florida Statutes. for thirty six (36) months from the date of being placed on the convicted vendor
list".
The award of any contract hereunder is subject to the provIsions of Chapter I 12, Florida State
Statutes. Respondents must disclose with their Proposals. the name of any officer. director. partner. associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a).
FLORIPA 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.
ror _____ ~---------------------------~~~~~---~~~~~~~~~-------------[print name of entity submitting sworn statement]
\ ... ·+5~ . 6~ 15 C (' 8.J i M' . whose business address is . " L_ I .;U>1 " \0 m I
Fl331Cj3
and (if applicable) its Federal Employer Identification Number (FEIN) is 10··06005 q£ (If the
entity has no FEIN. include the Social Security Number of the individual signing this sworn statement:
----------------------------------~.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I ) (g), Florida Statutes.
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including. but not limited to • any bid, proposal or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud. theft. bribery. collusion. racketeering. conspiracy. or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined In Paragraph 287.133 (I) (b). Florida
Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of gUilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July I. 1989. as a result of a jury verdict. non-jury trial. or entry of a plea of guilty or
nolo contendere.
4. / understand that an "affiliate" as defined in Paragraph 287.133 (/) (a). Florida Statutes. means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers.
Thomas F. Pepe
2-21-2017
Page 20 of 74
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime In Florida during the preceding 36 months shall
be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or proposal or applies to bid or proposal on
contracts for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in management of an
entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies.]
/ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
july I. 1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors. executives,
partners. shareholders. employees, members. or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july
1,1989.
__ The entity submitting this sworn statement. or one or more of its officers, directors, executives,
partners, shareholders, employees. members, or agents who are active in the management of the entity.
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of july
I. 1989. However. there has been a subsequent proceeding before a Hearing Officer of the State of
Florida. Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I LSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERIN INTO A ONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA TATUTES OR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this ~3 ~0
Personally known _...:./'_/ __ " ______ _
OR Produced identification _______ _
(Type of identification)
Form PUR 7068 (Rev.0611 1/92)
Thomas F. Pepe
2.21·2017
Page 21 of 74
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal received from a business that certifies that it has implemented a drug.free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drug.free workplace program. In order to have a drug-free workplace
program. a business shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that shall be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse In the workplace, the business' policy of
maintaining a drug.free workplace, any available drug counseling. rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (I).
4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (S) business days
after such conviction.
S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to ntinue to maintain a drug-free workplace through implementation
of this section. ,
As the person authorized to sign , I certify that this firm complies fully with the above requirements.
Date: ~~~~~ __ ~~+-~~~~ ________________ ___
Thomas F. Pepe
2-21·2017
Page 11 of 74
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
Tennis Fence Installation at Brewer Park
RFP #PR2017·05
TO THE CITY OF SOUTH MIAMI
We. ~Mj)() (1)\\(\<'1,2 0ae(Name of CONTRACTOR). hereby acknowledge and agree that '"
CONT ~CTOR for the T;t.nis Fence Installation at Brewer Park project as specified have the sale
responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970,
and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South
Miami and N/A (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may
incur due to the failure of (Subtontr~ctor's names): b\Q = SUbCC(\\tcJCIC!r)
to comply with such act or regulation.
Thomas F. Pepe
2-21·2017
Witness
Page 23 of 74
ti
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services.
"CONVICTED. SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS",
If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the (ollowing link to the Florida
Department of Management Services website:
h~:II'tf:NW.dms.t!J.tflqrid~,~m/business,.",,9peratiol1~/statuut·ch<!singjyenqQf_info!:.!:!ll)~ion/convicte.!L.~MW.
ende(LJliscrjrninat9..ry_cor!1illitlDts_venw.:~l.~
, \ DECLARATION UNDER PENALTY OF PERJURY
I. C>rOl!\(~(, fe l,D14n2e.e (hereinafter referred to as the "Declarant") state, under penalty of perjury.
that the following statements are true and correct: ()
(I) I represent the Respondent whose name is !\ "' '\ . ti!i) "tr
(2) I have the following relationship with the Respondent (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business_operations/sCate-purchasing/vendor_information/convicted_suspended_di
scriminatory_complaints_vendor _lists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent'S name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor Ust
Federal Excluded Parties List
Vendor Complaint list
~),~ , ,
FURTHER DECLARANT SAYETH NOT.
By: --F......,.-'--..,....,A-----
ACKNOWLEDGEMEN
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this thi?3·0 day of __ "'_\;...o_"_'-_h..::.---,. 20~. before me, the undersigned authority, p'm,onal.!l
appeared who is personally know to me or who provided the
following identification and who took an oath or that he/she/they executed the
foregoing Affidavit as the Declarant. Angelica L. Brown
IFF901151
-a.....z.liorull.".Novembef 8, 2019
WWW.AAP.ONNOTARY.COM
WITNESS my hand and official seal.
NOTARY PUBLIC:
Thomas F. Pepe
2·21·2017
SEAL
(Name 'of r<Jotary Public: Print,
Stamp or type as commissioned.)
Page 24 of 74
RELATED PARTY TRANSACTION VERIFICATION FORM
I O~\J~I,OO 'ferOC!Of\t<:Z ,individuallyandonbehalfof QtJQO{\Q ljU\\(1el) CorP.
("Firm"} have Name of Representative CompanyNendorlEntity read the City of South Miami ("City")'s Code of Ethics,
Section SA· I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section SA· I) with regard to the contract or
business that I, andlor the Firm, am (are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section SA. I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any pUblic body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and Sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
wit e city. or with any person or agency acting for the city, other than as follows:
~
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the Signatory's personal knowledge and
helshe is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected andlor appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
Thomas F. Pepe
2.11·1017
Page 25 of 74
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any byard, commission or agency of the City within the past two years other than as
follows: ~. ~. (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however. you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\Purchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3l.docx
(7) Neither I nor any employees, officers, or directors of the Firm. nor any of their immediate family (i.e .• as a
spouse, son, daughter. parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Co Ission; (Ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
\ (if necessary, use a separate sheet to supply additional
in ormation that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm. nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
chi dren, brothers and sisters) have also responded, other than the follOwing:
-¥"'7-fr---------------______________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however. you must
make reference, on the above line. to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the Signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) I and thE! Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically. after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code. the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City. and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent ffort to inve 'gate the matters to which I am attesting hereinabove and that the statements
made hereinabove a tr~e T. 0 rect ~p the best of my knowledge, information and belief.
Signature: ---~-rf-l/'=---7''4-----
Thomas F. Pepe
2-21-2017
/,( \ ," reJ i oen'
Page 26 of 74
Sec. 8A"I .• Conflict of interest and code of ethics ordinance.
(a) DesIgnation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel. quasi-Judicial personnel. adViSOry
personnel and departmental personne/. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities. boards and agencies,
such as the city community redevelopment agency and the health faCilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board. the code enforcement board and such other individuals. boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "adVisory personnel" shall refer to the members of those city adviSOry boards and agencies whose
sole or primary responsibility is to recommend legislation or give adVice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred. in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly. of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city. or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) ProhibitIon on transacting busIness with the cfty.
No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter Into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(I) The payment of taxes. special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the prOVisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail Itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be In the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in Violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
Thomas F. Pepe
2-21-2017
Page 21 of 74
(d) Further prohibition on transacting business with the city.
No person Included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter Into
any contract or transact any business through a firm, corporation. partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining prOVisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally. no person included in the term defined in paragraph (b)(l) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly 0/" indirecdy affected by any action of the 'city commission:
(I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, If in any instance the transaction or matter would affect the
person defined in paragraph (b)(I) In a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or
who would or might. directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(1:) Gifts.
(I) Def/nitlon. The term "gift" shall refer to the transfer of anything of economic value, whether In the form of
money. service, loan. travel, entertainment. hospitality. item or promise. or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)(l) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in
paragraphs (b)(I) through (6), or for any person included in the terms defined in paragraphs (b)(l) through (6) to
accept or agree to accept from another person or entity. any gift for or because of:
a. An official public action taken, or to be taken. or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed. or which could be performed. or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated. or which could be violated by any person included in the term defined in
paragraph (b)(I); or
d. Attendance or absence from a pUblic meeting at which offiCial action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(/) through (6) shall disclose any gift. or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112. Florida Statutes. for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and With the
Florida Secretary of State.
(1) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(I) through (6) be employed by a corporation,
firm. partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency. or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Ex'Ploitation of official 'Position prohibited.
No person included in the terms defined in paragraphs (b)(l) through (6) shall corruptly use or attemptto use an
official pOSition to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidentl",lnformatlon.
No person included in the terms defined in paragraphs (b) ( I) through (6) shall accept employment or engage in
any business or profeSSional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position. nor shall that person in fact ever disclose confidential information garnered or gained through an
Thomas F. Pepe
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official position with the city. nor shall that person ever use such information. directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibftion on outside employment.
(I) No person Included in the terms defined in paragraphs (b)(6) shall receive any compensation for serVices as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental. occasional or
otherwise. where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-II of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
Incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities. shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited Investments.
No person included in the terms defined in paragraphs (b)(I) through (6) or a member of the immediate family
shall have personal Investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule. franchise. or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission 0." agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract. certificate. ruling, decision.
opinion, rate schedule. franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered Co a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit In question.
(m) Actions prohibited when financial Interests Involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to Include. but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(I) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
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interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)(I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(I) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge. accusation, arrest or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the twoMyear period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities.
50 I (c)(3) non-profit entities or educational institutions or entities. and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to
the effective date of chis ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (P)(I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval. disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved In the particular subject matter through decision. approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through deCiSion, approval, disapproval, recommendation, the rendering of adVice, investigation. or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined In paragraphs (b)(I) through (6) and paragraph (b)(9) is In
doubt as to the proper interpretation or application of this contlict of interest and code of ethics ordinance. or
whenever any person who renders services to the city Is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6-99-1680, § 2. 3-2-99)
Editor's note M Ord. No. 6.99-1680. § I. adopted 3-2 M99, repealed §§ 8A·1 and 8A-2 in their entirety and replaced
them with new §§
SA-I and SA-2. Former §§ 8A-1 and 8AM2 pertained to declaration of policy and definitions, respectively, and
del'ived from Ord. No. 634, §§ I (lA-I), I (IA.2) adopted Jan. II, 1969.
ThOMas F. Pepe
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PRESENTATION TEAM
DECLARATION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City
Manager. For the purpose of this subsection only, the listed members of the presentation team, with
the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any
registration fees. No person shall appear before any committee on behalf of an anyone unless he or she
has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is
registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, ______ -', makes the following
declaration under penalty of perjury:
Listed below are all Individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME TITLE
()t\o~6() fetDUGD e t ?re5iden\
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to
pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the
time the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below.
Thomas F. Pepe
2.21·2017
00(\900 8Uj\Oefj (l()teorqhO(\
Print name of entity being represented
END OF SECTION
Page 31 of 74
J. Scope of Work:
EXHIBIT I
Scope of Services
Attachment A
Tennis Fence Installation at Brewer Park
RFP #PR2017·0S
The City's Parks and Recreation Department is soliciting proposals from qualified
companies to remove and dispose of 855 linear feet of I 0' tall fencing. Terminal poles
and their footers shall be removed and line poles cut off at their base. The awarded
Respondent shall install new poles set 8' ft. on center utilizing DQ40 Permafused II
heavy mill vinyl coated vertical pipe and CQ20 top and bottom rail.
New chain link fabric shall be provided and shall be Class 2b fusion bonded fabric, 9
core gauge x 1·3/4" mesh size. The new chain link fence shall be:
• 300 linear feet of 12' tall fencing along the west side and south end of the tennis
courts (to stop balls from going into water) with 4" 0.0. terminal poles,
• 3" 0.0. line poles;
• 555 linear feet of 10' tall fence will replace remaining court fencing with 3" 0.0.
terminal poles,
• 2·112" 0.0 line poles as per existing fence layout.
• Include four (4) walk gates: two (2) for south tennis court and one (I) for
hardball/racquetball court.
Respondent is responsible to furnish and install of two (2) appropriate size Tuffy brand
or equivalent, custom windscreens at tennis court north end (estimated 9' high x 50'
10") and south end (estimated 9' high x 50' 6"). E.qulvalent brands/manufacturers of
custom windscreens shall be at the sole discretion of the City.
Each windscreen will feature the City'S logo (one color white, approximately 4' High x
proportionate width). Note: A City Logo file suitable for reproducing the logo
will be provided to the awarded Respondent.
The work specified in this Request for Proposal (RFP) consists of furnishing all labor
(including subcontractors). plans and technical specifications, installation, machinery,
tools, means of transportation, supplies. eqUipment, materials, permits, root pruning,
coordination with any utility companies (Le. power, gas, water), dumpster(s). disposal of
materials and services necessary to perform the follOWing work. In addition, the
contractor is responsible for erecting construction safety fencing, cones, etc. at the end
of each working day. Respondents must contact Sunshine 811 to coordinate the
process between excavators and member utilities in Florida so that they can mark the
approximate location of underground lines, pipes and cables on construction site.
Respondent shall confirm with the City's Project Manager for this project contact was
made with Sunshine 81 I and underground utilities, lines, pipes and cables, etc., have
been identified.
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Permit fees are waived for permits issued by the City of South Miami. Permit fees from
other government entities, if required, shall be the responsibility of the Respondent
however, in all cases; it is the responsibility of Respondents to secure any and all
permits that may be required for this project.
II. Site Location:
The site is located within the City of South Miami; Brewer Park, 6300 SW 56 Street,
South Miami, Florida, 33143. Refer to Exhibit I, Attachment It ~~Llnk to the Cltys
website and Brewer Park."
III. P .. oject Duration
The current estimate to complete construction of the new fence project is 60 wo .. king
days from issuance of Notice to Proceed.
IV. Wa .... anty
The standard manufacturer's warranty information must be prOVided in writing for all
equipment being proposed, including installation by an authorized dealer, before final
payment is made. At a minimum, Contractor shall warranty the completed work to be
free of significant defects in workmanship and materials for a period of one (I) year.
Thomas F. Pepe
2.21·2017
SPECIAL NOTE:
A Perfo .. mance Bond is NOT required for this project.
END OF SECTION
Page 35 of 74
EXHIBIT I
Scope of Services
Attachment B
Tennis Fence Installation at Brewer Park
RFP #PR20 17-05
LINK TO THE CITY'S WEBSITE AND BREWER PARK,
6300SW S6STREET, SOUTH MIAMI, FLORIDA, 33143:
Thomas F. Pepe
2-21.2017
http-:llwww.southmiamifl.gov/index.aspx?NID=461
Page 36 of 74
EXHIBIT 2
INSURANCE & INDEMNIFICATION REQUIREMENTS
Tennis Fence Installation at Brewer Park
RFP #PR20 17-05
Insurance Requirements
Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at
its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below
as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the
contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor. or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.
No insurance reqUired by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall
purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell
insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a
minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the
Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit
acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury,
occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily
injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because
of injury to or destruction of tangible property. including loss of use resulting there from; (f) claims for damages
because of bodily injury, death of a person or property damage ariSing out of ownership, maintenance or Use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims
involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIR.M shall prOVide and maintain in force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Uability
at the statutory coverage amount. The FIRM shall further Insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
Commercial Comprehensive General liability insurance with broad form endorsement. as well as
automobile liability. completed operations and products liability, contractual liability, severability of interest with
cross liability provision. and personal injury and property damage liability with limits of $1.000.000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1.000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
Thomas F. Pepe
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the Comprehensive General liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) ExplOSion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those reqUired for Bodily Injury Liability and Property Damage liability.
Business Automobile liability with minimum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the
state of Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract
shall contain the same insurance provision as set forth in these insurance and indemnification requirements, other
than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM
where applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk
Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of
construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting
a part of said buildings or structures. The policy or poliCies shall also cover machinery, If the cost of machinery is
included in the Contract. or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of
the Insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may
appear, and shall also cover the interests of all Subcontractors performing Work.
All of the prOVisions set forth in the Miscellaneous section below shall apply to this coverage unless It
would be clearly not applicable.
Miscellaneous:
If any notice of cancellation of Insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be
responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to
provide continuous coverage as specified in this section and so as to maintain coverage during the life of this
Contract.
All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form
satisfactory to the CITY covering the same.
The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY
reserves the right at any time to request a copy of the required policies for review. All poliCies shall contain a
"severability of interest" or "cross liability" clause Without obligation for premium payment of the CITY as well as
contractual liability provision covering the Contractors duty to Indemnify the City as prOVided in this Agreement.
Thomas F. Pepe
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Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, certificates of
such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and telephone
number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII
or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance In the State of Florida.
All insurance policies must be written on forms approved by the State of Florida and they must remain in full force
and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its
sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall
include the declaration page and all reqUired endorsements. In addition, the FIRM shall deliver, at the time of
delivery of the insurance certificate. the following endorsements:
a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South
Miami becomes legally obligated to pay as damages because of 'bodily injury". 'property damage' • or "personal and
advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard
Florida approved forms for commercial general liability coverage A and coverage B";
a policy prOVision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or
materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent
to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be
delivered to the City by certified mail, with proof of delivery to the City."
Contractor's Responsibility
Prior to Receiving a Notice to Proceed
Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or,
preferably, electronically) of the policy. indudlng the declaration page of the policy and all endorsements to the
policy and provide the City with the name, address, including email address. and phone number of the
contractor's insurance agent.
The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy
is licensed and authorized to do business in Florida, that the form of the policy being issued has been approved by
the State of Florida and that the insurance carrier that is issuing the policy is not issuing the policy as a surplus lines
carrier. The agent shall also provide a citation to the page number of the policy, or the form number of the
endorsement, and highlight the relevant language of the portion of the policy and/or the endorsements that, in his
or her estimation, meets the following City insurance requirements:
a) the city is an additional insured;
b) coverage Inc/udes contractual liability;
c) the City will be prOVided at least 10 days advanced notice of any cancellatfon of the policy, including
cancelation for non-payment of premium, and at least 30 days' advanced notice of any material changes to the
policy or of cancellation for any reason other than non-payment; and
d) either a policy provision or an endorsement providing that the policy is primary and non-contributory,
such as an endorsement that provides that the vendor's policy is primary over all of the city's applicable insurance
and that treats the City's policies as excess coverage.
It may be that some of these provisions are combined into one endorsement or contained in the polley
itself.
If the policy does not have a provision or endorsement that provides the City with advanced noth::e of
cancellation as required by the City, the contractor may still comply with the City's insurance requirement if the
contractor provides the City with proof that the policy premium has been paid in full and provided the contractor
makes arrangements with its insurance company to allow the City to confirm, monthly, that the policy Is in full
force and effect. In addition, the Contractor must either pay the City a monthly monitoring fee, currently set at
$25 per month, or have the amount deducted from the Contractor's draws/payments.
Thomas F. Pepe
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Page 39 of74 «
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which
might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault
of the Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, Its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or follOWing any litigation, mediation, arbitration and at all
appellate levels. which may be suffered by. or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns. by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, ariSing out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of thelt·
agents. representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates.
employees. successors and assigns shall be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor,
its contractor/subcontractor or any of their agents, representatives, employees. or assigns, or anyone acting
through or on behalf of the them. and arising out of or concerning the work or event that is occurring on the
CITY's property. In reviewing. approving or rejecting any submissions or acts of the Contractor, CITY in no way
assumes or shares responsibility or liability for the acts or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees. or assigns, or anyone acting through
or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the
City of South Miami. which approval will not be unreasonably withheld.
F. However, as to design professional contracts. and pursuant to Section 725.08 (I). Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and
this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus.
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities. damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness. or intentionally wrongful conduct
of the design professional and other persons employed or utilized by the design professional in the performance of
the contract.
Thomas F. Pepe
2·21·2017
END OF SECTION
Page 40 of 74
ACORV® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYVVY)
~ 03/23/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER ~~~CT Jon Rook
The Contraotors Choice Agency r~g~~o.Ed': (800)918-3584 I r~. NC)}; (677)664-9951
PO Box 13645 ~~~k~Jon@nginsuranoeonline.oom
INSURER(S) AFFORDING COVERAGE NAIC#
Chand1er AZ 85248 INSURER A :llovd r s of London UW 15792
INSURED INSURERB:
Cunano Bui1ders Corp. INSURERC:
16259 SW 81Street INSURERD:
INSURERE:
Miami E'L 33193 INSURERF'
COVERAGES CERTIFICATE NUMBER'CL16122335144 REVISION NUMBER'
THIS IS TO CERnFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTIMTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE I~~~~ = POLICY NUMBER 11~~';A%'fvW'vJ ~l~b~l LIMITS lTR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
A I CLAIMS·MADE [i] OCCUR ~~~~~~?E~~~n""l $ 50,000
X Y DCCSSL01594-00 12/22/2016 12/22/201'1 MED EXP (Anyone person) $ 5,000 r-
PERSONAL & ADV INJURY $ 2,000,000 -
~'L AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE $ 4,000,000
X POLICY D ~C8r D LOC PRODUCTS· COM PlOP AOO $ 4,000,000
OTHER: S
AUTOMOBILE LIABILITY ~~~~~i?nSlNOLE LIMIT $
~-
ANY AUTO BODILY INJURY (Per person) $ r--ALL OWNED r--SCHEDULED
AUTOS AUTOS BODILY INJURY (Per accident) 5;
c--c--NON·OWNED rp~?~~JJ,tpAMAGE HIRED AUTOS AUTOS $ c--I--
$
UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ r--EXCESSllAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION $ $
WORKERS COMPENSATION I ~~TUTE I I~~H-AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERlEXECUTIVE D N/A E.L. EACH ACCIDENT $
OFFICER/MEMBER exCLUDED?
(Mandatc)1Y In NH) E.l. DISEASE -EA EMPlOYE Ii
If ~es, describe under
D SCRIPTION elF OPERATIONS below E.l. DISEASE· POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space Is required)
CERTIFICATE HOLDER
(305)663-6355
City of South Miami
6130 Sunset Dr
South Miami,
ACORD 25 (2014/01)
INS026 f?014n1\
FL 33143
CANCELLATION
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCOROANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Robert Rock/JON ~~~~'.
® 1988-2014 ACORD CORPORA nON. All rights reserved.
The ACORD name and logo are registered marks of ACORD
~'W ACORD
~. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYVYI
03/23/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL iNSURED, the pollcy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the poliCY, certain policies may require an endorsement. A statement on thIs certificate does not confer rights to the
certificate holder In lieu of slIch endorsement(s).
,_ •• " ____ •• _ ••• __ ._ ," • _._ ••• ____ .'0 ._ •••• ___ •• ~ __ ••••• _ ••••• _ •••••••••• ____ •• __ •
PRODUCER .~~~C! ___ .P~~~NY~~~~_ ............ _ ..... __ .... _
Orange Insurance Services
221 E. 9th Street
FlJ8,NJo. Ext); (305)884-8515 r.e~, No): (305 )884-1779
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:
~oMD1:~SS: mdellany73@gmall.com
..... _. _____ .. _._.!!'!~.l!.R_~t:lI~).!~~.Q~I)I!:J~_~9.y_Ef'l!l9.L ..... . N.AIC#
INSURER A: ASCENDANT COMMERCIAL INSURANCE
INSURER B:
INSURERC:
II;Ull,IB,ER 0.,-_. __ .• ___ ..
INSURERE:
INSURER F: _.,.----_ .. _-", .--,----..... -.. -... -.. -~ .. -~ -RE\iiSION-N"(iMEIER:--'" ........... -.-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR mE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
A
TYPE OF INSURANCE
GENERAL LIABILITY
r'j COMMERCIAL GENERAL I.IABILITY
: ! '.: CLAIMS·MAOE [i OCCUR
L
GEN'L AGGREGATE LIMIT APPLIES PER
i i ., PRO-;-'·1
'. i. POUCY , 'JEer.. I.i LOC
AUTOMOBILE LIABILITY
'\I.' AN Y AUTO
ALL OWNED
:. i AUTOS
:;;J HIRED AUTOS
;v;: COMP
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/
"1 NON·OWNED
_-l AUTOS
[it) COMP
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exCESS LIAB CJ CLAIMS-MADE
OED !.J RETENTIONS
WORIIERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
AODlSUBR
INSR WYO. POLICY NUMBER
Y Y CA-41179-0
~~~,b~~:!~1~W~~~m5~~fECUTIVE N I A
(Mandatory In NH)
g~st~ji;if3~ ~n~gpERATIONS below
POltCY EFF POLICY EKP . (MMIDD/VYYY). (MMIDDiYYYY). LIMITS
EACH OCCURRENCE $
~~~~iJ?E~~~;?ence) s
MED EXP (Anyone perSOil) $
PERSONAL & AOV INJURY . $
GENERAL AGGREGATE
PRODUCTS· COMPIOP AGG
$
. --COMBiriiEtiSiNGLE't.·.'M.· .. ·.iT_· _ .. __ s ..... 1 .•. 0. 00.00 .. 0 .. 0.0 .. ._lI;Hg~lgeJ1jL . ___ _
BODll Y INJURY (per person) S
06/08/2016 06/06/2017 BODILY INJURY (Per aCCIdenll $
. rp~?~~~J.inI?AMAGE
OED
$
s 500.00
EACH OCCURRENCE S
AGGREGATE $
S
c; rdW~~VTS ["] ~JH.
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... ~:L D!~~§.;..EA EMPLOYE~ .. $.
E.L. DISEASE· POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AU"ell ACORD 101, Additional Remarks Schedul •• 1f more space Is required)
CERTIFICATE HOLDER
(30~)6Q3-635:;
Ci ty of South Miami
6130 Sunset Dr
South Miami, FL 33143
ACORD 25 (2010/05} OF
CANCELLATION
SHOULD ANY OF THE ABove DESCRIBeo POLICIES Be CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE OELIVEREO IN
(' ACCORDAN~CE WITH THE POLICY PROVISIONS.
"AUTHORIZED R PRESENTATIVE
> ••••• _-.... , ••• 'j~' I. : .. "')( . :)"'-.
• "<" ... ~ :........ \. ,v. . ,,, ...
"'-; ...... ,' ""--' '" •. ' ~",;\"",.,p"'.--
. , .... -' '-1968.2010 ACORO,CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF LIABILITY INSURANCE 03/23/201i
Pl"(lriucerl Plymouth Insurance . .\.gency
2739 !..J.s. HighN3/ 'I~l N.
Holiday. FL 34691
nlis (atifk.ate is issued as a matt~ of infOt'matioll onl." and (<lollfers no
rights upon til .. Cs-tifkate H"fd",r. This (ertin<at<O d04$ not amend, ...,lrt .. nd
Of alter the .;.overage afford<iKI by the jXllides below,
(727) 938-55132 NArC #
Insured: . E P 1 L . I 8 L\ b "s,,-er A: li(,~ lresw .. -,,;:.;; (O'T,:;,,'-;y 1:075 South .. :~st ersonn€tl e-asmg, nco •. =.-.u'sldjariesl---",----------------I------I
""'S .... -e-r e· 2739 U.S. High'Nay '19 N.
Hol!d~~y'. FL 34691
Coverages
rn~ C<".IC,"'; (7l ,rl!u~r':lE' '~,~l ";e.CI'f .. r~.\; ,~1 &'<l.I';~ ,u t!'~ r,.J .... ] ',,'1"1:~ .li:(\'~ ,u·, ... r.(' C) ,~'C\1,"'l,car~o 'W7.~"!!',Sl,' .. :I:·g 1i"1y r;qt;lr~~"lIlr,.,.Ef'l'I ~ 0::1",:1:,,, C!: 3-'j cctt"¥f ':I" Otl"Ef w~,n'-E<".
""';'1 r;,&D'?:,'~j met, '::1 5 ~.~':.3~" •. ,,; to: 'SS~~ 'Y ,.\.,) ~"!l",;n. T,;: ,MSLn""" J'!::rJo:>:J:1) IN ~(H''=t!.l;:5-':r~\l n¥E-r 't,5IJ~fo'::t :c,;41 u..~ !~"''!a. ~r.'Js\::r$. a,~ cc(',l~:tIS:' ru:tlI=tIlC~S ... .;g-e~i3l~
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!GENERAL LIABILITY
"""" Comrn"rr.:.a' :3~~'~'a' L,,abl;ty
-"'~'~'n'·"'·· [J "-i""f _ ... ,~,,, •• ~ 1\""","-, ~ v';;.. --:~nE'r~! aggr"g.~:", ;j,'>'it 3P'''I,,$ p",~: J I'(ji~y 0 =n.',.,..-..: D .DC
AUTOMOBILE LIABILITY
I"'-"'['1 ".l.~.
~ .l:'·:\I.r~:i:'I..":e:
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Employets,' Liability
At"y' .i':(cpr:..::.!c·{' ·t:..'i1'tn~·'-=.i~L1t V~ r :.;.nr!;.~,bt-"
e";,,,,;:€<3' NO
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"'o1',cy Ef~tv;;.
C:3:~
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e:df~ '1].1)
IP"r~j~(,
lion Insurance (oll!panvJs A,M. Best Company rated A" (Excellent). AMB # 12616
D~~oription'S of OperationsILocations-IVehielesIExolusion$ added by EndorsementlSpeQial Provisions;
(O' .. ·ef~,;t? 'j"',:y c~;;b?S 'to .::~·.,;e ~F-='(v'~'*~ s") ,:i $c, .. T E;:::(~ P:E'·S~) .. -~~ leeS -..g. !~(. Ei. S~,j6.si~:fd'-!"e;. 1;\,,\ $.;:: 'l:>1S~ '!{) the fOnCVh~:i9 IC}~,t for:r;:Jdfi11~:
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Ct:f~I~:,;.-e j:~:s l1C"lt ...,p;:';'~l to :="...(t"t .. ,'tC:~y ':-Tip:~:Y~IH(~:I':' "',:eoe·~i:"':ijt :-':'-~~'~::'XH(S) ,:i t~ C:ent C;)~'j:d",y ': .... -3rjY oth;!' e!)t~'
.4 .::t ef ~'.? ,:t)~> • .'e et;;:oltlie;s': :~~3i:d '!..:;. ~,~ (I (:"'7: Co,,,:~.,rll( {d-:0: ':·:''''4irt~: ::"'" f~.)',i~\Q d 'E04t>est: t·:: (i~!~! 937 .. ~:JS Cor by' Cd ~ ..... ; ;i27,:i 938·5562.
CERTIFICATE HOLDJ;ft: CANr":ElLATION
Ueain lJ"te 11 i.t lOll
City of South Miami
6130 Sunset Or
,:1-':-,;,: 3'l) ;;'~If .lOO\'~ '~w:.4e!: j:.:;,;'::1!!$ "" C~/OO (",r'n':M "';:0 ~;), ro:~ !J'li!"E>:r~ ~,!! :&ru,)~
l"~r~ 4.1 "'~l'.t( t~ "fa! }: Ul\i'.!' wrtti!"! r.::r.):li1: It 'Ji~ c.er:f,:.x!! r,;,o:lg "<JME-:1 to !"Iv j;:.~ ttl: !'Jr..fa to
r.t;1 ro ~r.a1i t~~,c "~'~JU,(' oi '~~_; ti a";;1'i'~;ra J~¢' lre-r,.!'.JW ~Sl'?-!1t~;If 'fP· .... '?-·r.Jtl,~ .. ,
South Miami, FL 33143
EXHIBIT 3
CONSTRUCTION
BID FORM
Tennis Fence Installation at Brewer Park
RFP #PR20 17·05
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami. FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter Into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as
specified or indicated in this Solicitation, including as set forth in Exhibit , Attachment A & Attachment
8 (Scope of Services) for the Proposed Price as set forth below, within the Contract Time and in
accordance with the other terms and conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposa/lBid Bond, if reqUired. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents reqUired by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City'S
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. :1 ,., . l I
Dated: ffiq:rh '30! 2011 ,
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that:
i. Respondent has studied carefully all reports and drawings, if applicable. of subsurface conditions and
draWings of physical conditions.
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests and studies in addition to or to
supplement those referred to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost. progress, performance. or the furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations. tests, reports or similar information or data are, or Will, be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre-bid marking of the construction site by any or all utihty companies shall create an irrefutable
presumption that the Respondent's bid, or proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, shall not be entitled to a change
order for any such condition discovered thereafter.
Thomas F. Pepe
2-11-1017
Page 41 of 74
iii. Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation
Package or in the Contract Documents with respect to existing Underground Facilities or conditions
at or contiguous to the site and assumes responsibility for the accurate location of all Underground
Facilities and conditions that may affect the Work. No additional examinations, investigations,
explorations, tests, reports or similar information or data in respect to any Underground Facilities or
conditions are, or will be, required by Respondent in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the cost of the
Work and unless the respondent makes a written request to the City for additional information
prior to submitting the bid or proposal as required in subsection Ii above,
d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found
and notice given, the Respondent represents, by submitting its proposal to the City, that the
Respondent has received sufficient notice of the resolution thereof (rom the City. that such resolution
is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or
discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group. association.
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person,
firm or corporation to refrain from responding; and Respondent has not sought by collusion or
otherwise to obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and
install all of the Work complete and in place. The Schedule of Values, if required. is prOVided for the
purpose of Proposal Evaluation and when initiated by the CITY. it shall form the basis for calculating the
pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a
deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the
Work after the Contract Date. As such, the Respondent shall furnish all labor, materials. equipment,
tools, superintendence and services necessary to provide a complete, in place. Project for the Proposal
Price. If this Solicitation requires the completion of a Cost and Technical Proposal. as may be set forth in
in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take
the place of the Lump Sum Price, otherwise, the Contract Price for the completed work 15
as follows: r 6 n r~
LUMP SUM PRICE: $ O~t L "'~Q.t 00
I
S. The ENTIRE WORK shall be completed, in full, within 60 workina days from the commencement date
set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time
period shall result in the assessment of liqUidated damages as may be set forth in the Contract.
6. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT: ~(\O (~l' \A (1,,) ..cQr£-;rq:hQ() ~I:~~.' ¥ia5;PJ;~t Micioo}:lY ~21q'3
Facsimile:
Contact Person 0 (, \Ct !ldO Fernan de,
7. The terms used In this Proposal which are defined in the Contract shall have the same meaning as is
assigned to them in the Contract Documents. unless specifically defined in this Solicitation Package.
Thomas F. Pepe
2·21.2017
Page 42 of 74
8. If a R.espondents Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies
that all of the facts and responses to the questions posed in the R.espondents Cost & Technical Proposal,
if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of
this Construction aid Form, exhibit 3, and are made a part of this proposal, by reference.
9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the Solicitation package and I agree to be bound by those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing,
including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that
entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that
all of the information and representations contained herein are true and correct to the best of my
knowledge, information and belief.
SUBMITTED THIS
Thomas F. Pepe
2-21.2017
3 DAY OF ---------..;A .............. Pn"-'--\ __ 20Ji.
Fax Number ::'\ b + L ferl\~6QQ OJ ~e\\JCQ h" Ae,
Email A dress
END OF SECTION
Page 43 of 74
EXHIBIT 4
CONSTRUCTION CONTRACT
Tennis Fence Installation at Brewer Park
RFP #PRIO 17·05
THIS CONTRACT was made and entered into on this day of , 20 __ ,
by and between (hereafter referred to as
"Contractor"), and the City of South Miami (hereafter referred to as "Owner"), through its City Manager (hereafter
referred to as "City').
WITNESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
I. The Contractor shall furnish all labor, materials, equipment, machinery, tools. apparatus, transportation
and any other items necessary to perform all of the work shown on and described in the Contract
Documents and shall do everything required by this Contract and the other Contract Documents
hereinafter referred to as the Work.
2. The Contract Documents shall include this Contract, General Conditions to the Contract. if any, the
drawings. plans. specifications and project manual. if any. any supplementary or special conditions, other
documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter
referred to as "Bid Documents") and any documents to which those documents refer which are used by
the Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein.
3. The Contractor shall commence the Work to be periormed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract. subject
to additions and deductions as provided in the Contract Documents and any properly approved. written
change orders, in lawful money of the United States, the Lump Sum amount of:
_____________________ Dollars ($ ______ ---',->
(Spell Dollar Amount above) ("ContraCt Price'l
5, The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be
included in the Contract Price. The City may demand, at any point in time. that any part, or all. of the
Work be performed after regular working hours. In such event, the Respondent shall have no right to
additional compensation for such work. However, nothing contained herein shall authorize work on days
and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in
writing by the City. ,
6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duly certified and approved schedule of values for the Work periormed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and
other costs incurred by the Contractor in connection with the construction of the Work have been paid in
full. and after compliance with the terms for payment provided for in the Contract Documents, final
payment on account of this Contract shall be made within sixty (60) calendar days after the completion by
the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner.
S. The Work shall be completed In 60 working days. In the event that the Contractor shall fail to
complete the Work Within the time limit stipulated in the Contract Documents. or the extended time limit
agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents,
liqUidated damages shall be paid by the Contractor at the rate of $900.00 dollars per day. plus any
Thomas F. Pepe
1.11·1017
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monies paid by the Owner to the Consultant, if any, for additional engineering and inspection services, if
any, associated with such delay.
9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond
("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful
performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be
unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the
Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within five (5)
business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in
such form and amount and with such Surety or Sureties as shall be satisfactory to the City. In such event,
no further payment to the Contractor shall be deemed to be due under this Contract until such new or
additional security for the faithful performance of the Work is furnished in the manner and in the form
satisfactory to the City.
10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of
the work. by appropriate action by the City and In accordance with the Contract Documents.
II. The date that this contract was "made and entered into" and its effective date is the date that the contract is
the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then
the Effective Date is the date of the resolution approving the Contract whichever is the later date.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set
forth next to their name below and may be signed in one or more counterparts, each of which shall, without proof
or accounting for the other counterpart. be deemed an original Contract.
Signature: --+~r----¥---------
Print Signatory's
Title of Signatory --I,.--'-.....,'9-'~ .................. -'--------
ArrESTED: OWNER: CITY OF SOUTH MIAMI
Signature: --:--:--~-:--______ _
Maria Menendez
Signature: ---::--_~_~ ___ _
Steven Alexander
City Clerk
Read and Approved as to Form, language,
Legality, and Execution Thereof:
Signature: __________ _
Thomas F. Pepe
2·21·2017
City Attorney
Page 45 of 74
City Manager
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
Tennis Fence Installation at Brewer Park
RFP #PRlO 17·05
ARTICLE I -DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have
the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to
this Article for the purpose of interpreting a word or group of words in that section of the Contract Document.
However, when the section of the Contract, where the word to be defined is used, does not specifically refers to
this Article to define the word or group of words, the definitions contained in this Article shall not apply unless
the word or group of words, in the context of it or their use in the Contract Document in question, islare
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition. deletions, clarifications or correction.
Application for Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments.
M The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other
terms for the Work to be performed.
Bidder: Any person, firm or corporation submitting a response to the Owner's solicitation for proposals or bids
for Work.
Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including
the instructions, form of documents and affidavits.
Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of Florida.
Change Order: A written order to the CONTRACTOR Signed by the City Manager authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract.
Work Order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations. and the timeframe for completing the work.
CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, unless the
context wherein the word is used should more appropriately mean the City of South Miami.
Construction Observer: An authorized representative of the CONSULTANT. if any, or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the
General Conditions. Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporated specifications, addenda to the draWings issued prior to execution of the
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications to any of the Contract Documents.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting Officer: The indiVidual who is authorized to sign the contract documents on behalf of the OWNER.
CONTRACTOR: The person, firm or corporation with whom the OWNER has executed the Contract.
CONSULTANT; The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
CITY's designated representative as identified in the Supplementary Conditions.
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~ A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it shall be presumed
to be a calendar day unless specifically designated as a business day.
~: The number of twenty.four (24) hour periods following the event to which the word "days" refers
commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of
final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that
are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and
eqUipment furnished under the Contract that are not good quality and new unless otherwise required or
permitted by the Contract Documents.
Drawing$: The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and
are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents Signed by both parties, (b) a Change Order
signed by both parties, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance
with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and Signed by the party against whom the modification is sought to be enforced.
Non-conforming Work means work that does not conform to the Contract Documents and includes work that is
unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference
standard, test, or that does not meet any approval required by. or referred to in, the Contract Documents, or
work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by CITY).
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with
the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract
to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (With copy to CONSULTANT) fixing the
date on which the Contract Time shall commence to run and on which CONTRACTOR shall start toperlorm its
obligations under the Contract Documents.
Person: An individual or legal entity.
Project: The entire construction operation being performed as delineated in the Contract Documents.
~ The term "policy" as used in the Contract Documents shall mean the insurance binder, If it is issued, the
declaration page of the policy and the body of the policy, including all endorsements.
RFP: Request for Proposal.
Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the eqUipment,
material or some portion of the work and as required by the Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
Specifications; Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor: An individual, firm or corporation having a direct contract With CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Sybstantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a
certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or
a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date
when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion
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thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an item, but who does not perform labor at the site of the Work.
~ The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project.
Work: Any and all obligations. duties and responsibilities necessary for the successful performance and completion
of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or
corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing. any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
ARTICLE 2 -PRELIMINARY MATTERS
Award;
2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the
CITY has concluded its investigation, as it deems necessary. to establish, to the satisfaction of the CITY,
which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the
time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may
also take into consideration alternate and unit prices. if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract. the Performance and Payment Bond, the Certificates of
Insurance. the Binder of Insurance if issued, the Insurance Declaration Page if not Included in the Policy of
Insurance, the Policy of Insurance reqUired by the Contract Documents, the written notice of designated
supervisor or superintendent as prOVided in Section 6.1 of the General Conditions and such other
Documents as reqUired by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY within ten (I 0) calendar days of receipt of the Notice of Award. A Contract Document that
reqUires the signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document.
Forfeiture of Bid Security/Performance and Payment Bond. if any are required by the applicable RFP:
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100%) ofthe Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers. material man, laborers. or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whoSe qualifications meet the
requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum.
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2.3.3 Pursuant to the requirements of Section 2S5.05( I), Florida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County
and provide CITY with evidence of such recording.
2.3,4 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety. having a resident agent in the State of Florida and having been in business with a record
of successful continuous operation for a least five (5) years.
2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or
better.
2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
Contractor's ere-Start Representation:
2,4 CONTRACTOR represents that it has familiarized itself With, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal. state and local laws, ordinance. rules and regulations that may in any manner affect
performance of the Work. and represents that it has correlated its study and observations with the
reqUirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data With
the requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to
the date on which the Contract Time commences to run. except with the written consent of the CITY.
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither the OWNER nor the CONSULTANT shall be liable for any
harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error,
or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitled to any
compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error.
or discrepancy in the Contract Documents.
Schedule of Completion:
2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR.
CONTRACTOR shall submit to CONSULTANT for approval. an estimated construction schedule
indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions
thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR
involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided in the Special Conditions.
2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work at the site, a pre-construction conference shall be held to review the above
schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment, and to establish a working understanding between the parties as to the
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Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives, CONTRACTOR and its Superintendent.
Qualifications of Subcontractors, Material men and Suppliers:
2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and such other persons and organizations (including those who are to furnish principal Items of materials
or eqUipment) proposed for those portions of the Work as to which the identity of Subcontractors and
other persons and organizations must be submitted as specified in the Contract Documents. Within
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor. person,
or organization on such /ist. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall
constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such
Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the
CONSULTANT to reject defective Work, material or eqUipment, or any Work, material or equipment
not in conformance with the requirements of the Contract Documents.
2.11 If. prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without an increase in its bid price.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
ARTICLE 3-CORRELATION.INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and DraWings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in
Article I.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it
shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's
attention in writing. The various Contract Documents are complementary; in case of conflict, error or
discrepancy, the more stringent Interpretation and requirement that shall provide the maximum benefit to
the Owner shall apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service",
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
installation. The above reqUirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship pOSSible for the entire Project, and all components of the Work
shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If the CONTRACTOR is prevented from complying with this prOVision due to the Drawings or
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such
limitations before proceeding with construction in the area where the problem exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or
Page 50 of 74
Thomas F. Pepe
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other data published by regulating agencies or accepted organizations, including but not limited to
National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications,
ASTM Specifications, various institute specifications, and the like, it shall be understood that such
reference is to the latest edition including addenda in effect on the date of the Bid.
3.B Brand names where used in the technical specifications, are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent", when used in
connection with brand names, shall be interpreted to mean a material or product that is similar and equal
in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material
or product specified by trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated In the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal", the CONTRACTOR shall use the brand, make and model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.11 The CONTRACTOR shall have advised the CONSULTANT, prior to performing any work involving a
conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of
the documents shall take precedence. In the event that there is a conflict between or among the
Contract Documents, only the latest version shall apply and the latest version of the Contract
Documents. The CONSULTANT shall use the follOWing list of Contract Documents as a gUide. These
documents are set forth below in the order of their precedence so that all the documents listed above a
given document should have precedence over all the documents listed below it.
(a) Change Orders
(b) Amendments/addenda to Contract
(c) Supplementary Conditions, if any
(d) Contract with all Exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
(g) Scaled dimensions
(h) Drawings of a larger scale
(I) Drawings of a smaller scale
0) Drawings and Specifications are to be considered complementary to each other
ARtiCLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINtS
Availability of Lands:
4. J The OWNER shall furnish. as indicated in the Contract Documents, the lands upon which the Work is to
be done, rights-of-way for access thereto, and such other lands which are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by the OWNER, unless otherwise specified In the Contract Documents. Other
access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of
the CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal, handling and storage of materials, availability of labor, water, electric power, roads and
uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an Inspection of the site,
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including all exploratory work done by the OWNER! CONSULTANT on the site or any contiguous site,
as well as from information presented by the Drawings and Specifications made part of this Contract, or
any other information made available to it prior to receipt of bids. Ariy failure by the CONTRACTOR to
acquaint itself with the available information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER! CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty-eight (48) hours of Its discovery, and before such conditions are
disturbed, notify the CITY in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and
4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions. and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of. or the time required for, performance of any part of the Work under this Contract, an
eqUitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; prOVided. however, the time prescribed therefore may be extended by
the CITY, but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE 5 -INSURANCE Contractor shall comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARTICLE 6 • CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means.
methods. techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shall be deSignated in writing by the CONTRACTOR. before the CONTRACTOR commences
the Work and within the time reqUired by the Contract. as the CONTRACTOR'S representative at the
site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and
all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times as reqUired to perform adequate supervision and
coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to
the CONTRACTOR'S home office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications. Drawings. Addenda.
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
all changes made during the construction process. These shall be available to the CONSULTANT
and any CITY Representative at all reasonable times. A set of "As-Built" drawings, as well as the
original Specifications, Drawings. Addenda, Modifications and Shop DraWings with annotations,
shall be made available to the City at all times and it shall be delivered to the CITY upon
completion of the Project.
Labor. Materials and Equipment:
6.2 The CONTRACTOR shall prOVide competent, SUitably qualified personnel to layout the Work and
perform construction as reqUired by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, eqUipment, labor, transportation, construct/on eqUipment
and machinery, tools, appliances, fuel, power, light, heat. local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing. initial operation and completion of
the Work.
6.4 All materials and eqUipment shall be new. except as otherwise prOVided In the Contract
Documents. When special makes or grades of material which are normally packaged by the supplier or
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manufacturer are specified or approved, such materials shall be delivered to the site in their original
packages or containers with seals unbroken and labels intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as
otherwise prOVided in the Contract Documents.
Work. Materials. EqUipment. Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6.1 Whenever a material, article or piece of equipment Is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material. article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number. and
if, in the opinion of the CONSULTANT. such material. article, or piece of eqUipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials, eqUipment or products not conform to requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work or
materials shall be removed and replaced. together with any Work disarranged by such alterations,
at any time before completion and acceptance of the Project. All such Work shall be done at the
expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification reqUirements or conform to the
plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within fIVe (5) business days by the CONTRACTOR at his own expense and redelivered andlor
reinstalled 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 claim to the good or to compensation of any kind
for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in
the CONTRACTOR being found in default.
6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or
services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.6.8 The CITY reserves the right, in the event the CONTRACTOR cannot prOVide an item(s) or
servlce(s) in a timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract.
Concernine Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
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Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT
determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed by them. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part
of OWNER or CONSULTANT to payor to see to payment of any subcontractor or other person or
organization, except as may otherwise be required by law. CITY or CONSULT ANT may furnish to any
Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to
the CONTRACTOR on account of specified Work done in accordance with the schedule values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the OWNER.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The CITY or CONSULTANT wlll not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR
if and when directed by the CONSULTANT in writing.
6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of the
terms of the subcontract, including the hiring and retention of employees for the performance of Work
that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex.
age, sexual orientation, familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
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 of any infringement of such rights during or after the completion of the Work, and shall
defend all such claims in connection with any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responSible for determining the application of patent and/or royalty rights
as to any materials, appliances, articles or systems prior to bidding. However, he shall not be responsible
for such determination on systems which do not involve purchase by them of materials, appliances and
articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the
CONTRACl'OR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
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Electrical Power and LiahtiDl~;
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations;
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT,
it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain
that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
Discrimination:
6.17 A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation,
familial status or disability.
Taxes:
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safe1;y and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall prOVide the necessary protection to prevent damage, injury or loss to:
6.19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or eqUipment to be incorporated therein, whether in storage on or
off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
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 of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control entitles him to an increase in the Contract
Price or an extension of the Contract Time, he may make a claim therefore as prOVided in Articles II and
12.
Shop DraWings and Samples;
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 the CONTRACTOR. The Shop DraWings shall
be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
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shall be complete with respect to dimensions. design criteria, materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to
cause no delay in Work, all samples required by the Contract Documents.
All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material, manufacturer. any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission. the CONTRACTOR shall notify the CONSULTANT. in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
reqUired by the CONSULTANT and shall 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, of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to the 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 of the Work and the Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT. A copy of each Shop DraWing and each
approved sample shall be kept in good order. in a book 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 CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, In writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27 A 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
progresses. Upon completion of the Work, and 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 a part of the Work, from the
property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by the OWNER Is necessary prior to its occupancy and he shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Work so as to
leave the whole Work and Work Site in a neat and presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be prOvided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous position, at such locations as traffic demands. At any time that streets are required to be
closed, the CONTRACTOR shall notify law enforcement agencies and In particular, the City of South
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Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded (rom public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification;
6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 1 of
the Supplementary Conditions (Insurance and indemnification requirements).
6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of
any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and
all claims of liability and all suits and actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the
sole negligence of OWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps. drawings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees prOVided such act or
omission is the primary cause of injury or damage.
6.34A All of the forgOing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all
insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused
in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors,
sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused
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 Existing Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the DraWings and
SpeCifications to provide a complete installation.
6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of-
ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be
done in accordance with requirements of the special conditions. 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 in the above requirements.
6.36.2 The CONSULTANT shall be responSible for obtaining elevations of curbs and gutters, pavement.
storm drainage structures, and other items which must be established by governmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently early
in the construction period to prevent any adverse effect on the Project.
Cooperation with Goyernmental pepartments. 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
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authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to work to be done by governmental departments, pUblic utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of
misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
Use Premises:
6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements. fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate With CITY in routing and parking of automobiles of
its employees. subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The City 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 shall furnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be prOVided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with eXisting governing regulations. Field offices shall include telephone
facilities.
Protection of Existin& 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 protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
ARTICLE 7 • WORK BY OTHERS.
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWNER, if it is performing the additional
Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the OWNER. the CONTRACTOR shall promptly report to the CONSULTANT In
writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting. excavating or otherwise altering their
Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the
other contractor whose work will be affected.
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7.4 If the performance of additional Work by other contractors or the OWNER is not note~ in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the OWNER or others will cause the CONTRACTOR
additional expense or entides him to an extension of the Contract Time, he may make a claim therefore
as prOVided in Articles II and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or
shall leave chases, slots and holes as required to receive and to conceal within the general construction
Work the work of such other separate contractors as directed by them. Where such chases, slots, etc.,
are impracticable, the Work shall reqUire specific approval of the CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of
the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT Immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
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
cost from the Contract Price without violating the intent of the Contract.
ARTICLE 8 -CITY'S RESPONSIBILITIES.
8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
B.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data reqUired of them under the Contract Documents.
8.4 The CITY'S 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 fact 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 of any Work not completed in accordance with the Contract Documents.
ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION.
City'S Representative:
9.1 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 of these General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANT's decision, In matters relating to aesthetics, shall be final, if Within the terms
of the Contract Documents.
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other
matters in question between the CITY and the CONSULTANT ariSing out of or relating to this
Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the
State of Florida.
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Visits to Site:
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proceeding in accordance with the Contract Documents. His efforts shall be directed 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 of these on site·
observations as an experienced and qualified design professional, he shall keep the CITY informed of the
progress of the 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 of the Contract Documents. If
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and/or interpretation, it shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of Ouantities:
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. AJllinear surface measurements shall be made horizontally or vertically
as required by the item measured.
Rejecting Defective Work:
9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "DefectiveWotk" 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 repair
work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work.
Shop Drawings. Change Orders and Payments;
9.6 In connection with the CONSULTANT responsibility as to Shop DraWings and samples. see paragraphs
6.25 through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II. and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment. etc.,
see Article 14.
Decisions on Disa,ireements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9.11 The CONSULTANT will not be responsible for the construction means, methods. techniques, sequences
or procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10· CHANGES IN THE WORK.
10.1 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 a written Change
Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work
involved. All such Work shall be performed under the applicable conditions of the Contract
Documents. If any authorized written Change Order causes an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time. an eqUitable adjustment will be made as
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provided in Article II or Article 12. A written Change Order signed by the CITY and the
CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall
be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well
as to any change in the time to complete the Work under the circumstances. The failure to include a
time extension in the Change Order or in the request for a change order shall result in a waiver of any
extension of time due to the change in the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations In the Work not involVing extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Field Order would entitles the
CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a
written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as prOVided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE II -CHANGE OF CONTRACT PRICE.
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be at its expense without changing the Contract Price.
11.2 The CITY may. at any time. without written notice to the sureties. by written order designated or
indicated to be a Change Order. make any change in the Work within the general scope of the Contract,
including but not limited to changes to or in:
11.2.1 Specifications (including drawings and designs);
11.2.2 Method or manner of performance of the Work.
11.2.3 CITY-furnished facilities, equipment. materials. services. or site; or
11.2,4 Acceleration in the performance of the Work.
11.3 Except as prOVided in this section, or sections referred to in this section, no order, statement. or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an eqUitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, or as otherwise prOVided in another section of the Contract Documents.
I I A When a Change 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 of the Change Order. If any Change Order causes an increase or decrease in the
CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an eqUitable
adjustment based on the cost of the Work shall be made and the Contract modified accordingly.
11.5 If the CONTRACTOR intends to assert a claim for an eqUitable adjustment or contest the eqUitable
adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written
Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting
forth the general nature and monetary extent of such claim for eqUitable adjustment, time extension
requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to
those listed in section 11.7 and II.B.
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11.6 No claim by the CONTRACTOR. for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
11.7 The value of any Work covered by a Change Order or of any claim for an Increase or decrease in the
Contract Price shall be determined in one of the following ways:
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 direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by CITY, 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 direct employ of CONTRACTOR 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, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours. on Sunday or legal holidays shall be Included in the above only if authorized by
CITY and provided it was not in any way. whether in whole or in part the result of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due in whole or in part to Defective Work of the CONTRACTOR.
11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage. and manufacturers'1ield 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 to the OWNER. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and eqUipment shall accrue to OWNER, and CONTRACTOR shall make
provisions so that they may be obtained.
II.S.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY. CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT. which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be
substituted for the word "CONTRACTOR".
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 of any such eqUipment, machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
11.8.S Sales. use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
11.6.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
II.S.7 The cost of utilities. fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
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11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the follOWing;
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers. executives. principals (of
partnership and sole proprietorships), general managers. engineers, architects. estimators,lawyers.
agents. expediters. timekeepers. clerks and other personnel employed by CONTRACTOR
whether at the site or in its principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in Subparagraph 11.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
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 Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work. disposal of materials or eqUipment wrongly supplied
and making good any damage to property.
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph I I.S.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overh~d and profit shall be
determined as follows:
11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
11.10.2 A mutually acceptable fIXed percentage (not to exceed 15%).
11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
manner as provided in I I.S. When both additions and credits are involved in anyone change. the net
shall be computed to include overhead and profit, identified separately, for both additions and credit,
prOVided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not
performed.
ARTICLE 11· TIME FOR COMPLETION. LIQUIDATED DAMAGES AND CHANGE OF THE
CONTRACT TIME.
12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work
are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified
in the Notice to Proceed and completed within the time specified for completion of the work.
12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion
within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR
and the OWNER, that the Contract Time for the completion of the Work described herein is a
reasonable time, taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the Work. No extension of time shall be granted due conditions that the
Contractor knew of or should have known of before bidding on the project or due to inclement weather,
except as provided in section 12.7.
12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time. or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the OWNER the amount of liqUidated
damages as specified in the Contract Documents for each calendar day after the scheduled date for
completion as adjusted by written Change Orders that extended the completion date.
12.3.1 These amounts are not penalties but are liquidated damages incurred by the OWNER for its
inability to obtain full use of the Project. liqUidated damages are hereby fixed and agreed upon
between the parties, recognizing the impossibility of precisely ascertaining the amount of damages
that will be sustained as a consequence of such delay, and both parties desiring to obviate any
question or dispute concerning the amount of said damages and the cost and effect of the failure
of CONTRACTOR to complete the Contract on time. The above-stated liqUidated damages shall
apply separately to each phase of the Project for which a time for completion ;s given.
12.3.2 CITY is authorized to deduct the liqUidated damages from monies due to CONTRACTOR for the
Work under this Contract.
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12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature
of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated
and recommended by the CONSULTANT, with final approval by the CITY'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 stated in the Contract Documents are of the essence of the Contract.
12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of
fourteen (14) calendar days after demand has been made in writing to the 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 of delay.
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather Is documented by records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to
delay unless the delay exceeds 6 months. whether individually or cumulatively, and then the damages shall
be limited to increased cost of materials that were unanticipated and that would not have been incurred
but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an
extension of time as prOVided for in Section 12.4 which shall be the sole and exclusive remedy for such
resulting delay. Other than as set forth above. CONTRACTOR shall not be entitled to an increase in the
Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential,
impact or other costs, expenses or damages, Including but not limited to, costs of acceleration or
inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st
day follOWing the date of the event upon which the claim is based.
12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than
termination for default or convenience, the CONTRACTOR and the city department responsible for the
administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department with the advice of the City Attorney and the
CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE 13 -GUARANTEE,
13. J The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR direcdy, 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
CONSULT ANT 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 Defective Work.. The same guarantee and
unconditional warranty shall be extended for three (3) years from the date of Final Acceptance as
indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of
Occupancy, if issued, or the Certificate of Completion, if issued by 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 law, rules and regulations, the CITY may declare an event of default, terminate the Contract in
whole or in part and cause the Defective Work to be removed or corrected and to complete the Work
at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby
incurred. The Performance Bond shall remain in full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents. if different from the period of time listed
in Section 13.1. shall take precedence over Section 13.1.
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13.3 CONTRACTOR shall act as agent, on a limited basis for the OWNER, at the CITY's option, solely for
the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee
and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract.
13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The CITY 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 claim to the
good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery
schedules may result in the Contract being found in default.
ARTICLE 14. PAYMENTS AND COMPLETION.
Payments to Contractor
14.1 The Contractor shall not be entided 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 (I 0) 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 fllled
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 of insurance
prOViding coverage for 100% of the value of said material and equipment covering the material and
equipment from all casualties as well as theft. vandalism, fire and flood. The CONTRACTOR shall replace
at its expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate. either
certifying in writing its approval of payment and present the partial payment estimate to the 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 Contract Documents.
Any interest earned on the retainage shall accrue to the benefit of the OWNER.
14.2 The CONTRACTOR. before it shall receive final payment, shall deliver to the CITY a Contractor's Final
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials. directly or
indirectly, which was incorporated into the Work. If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR and such person.
Contractor's WarrantY of Title
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 Project or
not, shall have passed to the OWNER prior to the making of the Application for Payment. free and clear
of all liens. claims, security interest and encumbrances (hereafter in these General Conditions referred to
as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
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interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, that the Work has progressed to the point indicated in the Application (or Payment; that, to the
best his knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as
defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount
approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed
to have represented that he made exhaustive or continuous on-site observations to check the quality or
the quantity of the Work, or that he has reviewed the means, methods. techniques, sequences and
procedures of construction or that he had made any examination to ascertain how or for what purpose
the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or
that title to any Work, materials, or eqUipment has passed to the OWNER free and clear of any liens.
14.S The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this Work and that all materials included in this request for payment and not yet
incorporated into the construction are now on the site or stored at an approved location, and payment
received from the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed work
or supplied materials".
In the event that the CONTRACTOR withholds payment (rom a Subcontractor or Supplier, the same
amount of money shall be withheld (rom 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 a judgment is entered in favor of the CONTRACTOR or the person, in which
case the money shall be paid according with said judgment. Nothing contained herein shall indicate an
intent to benefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if. in its opinion. it is
unable to make such representations to the OWNER as required this Section 14. It may also refuse to
approve any payment, or it may void any prior payment application certification because of subsequently
discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary
in its opinion to protect the OWNER from loss because:
14.6.1 of Defective Work. or completed Work has been damaged requiring correction or replacement,
14.6.2 the Work for which payment is requested cannot be verified.
14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable
filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications,
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30.
14.6.7 of persistent failure to cooperate With other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents.
14.6.8 of liqUidated damages payable by the CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance the OWNER, with the. approval of the CONSULTANT, may use any completed
or substantially completed portions of the Work prOVided such use does not interfere with the
CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions
of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole
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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
Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by 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 Release
14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the
OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously
filed and unresolved. The waiver shall include all things done or furnished in connection with the Work
and for every act and neglect of 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 Contract Documents or the Performance Bond and Payment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the
Work as may be necessary in his opinion to protect the OWNER from loss if he determines, because of
subsequently discovered evidence or the results of subsequent inspection or tests, that:
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or liens have been filed or received. or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
14.12.4 there is Defective Work the value of which. if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5%
in the case of Final Completion.
14.13 Ifthe 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 Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
II or Article 12.
City May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its
Page 67 of 74
Thomas F. Pepe
2.21·2017
property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy
or similar laws. or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment. or if he repeatedly fails to make prompt payments to Subcontractors or for labor. materials or
equipment or he disregards laws. ordinances. rules, regulations or orders of any pUblic body having
jurisdiction. or if he disregards the authority of the CONSULTANT, or if he otherwise violates any
provision of. the Contract Documents, then the CITY may, without prejudice to any other right or
remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools. construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to 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 Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default. the rights and obligations of the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section I 5.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the 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 to the CONTRACTOR and the CONSULTANT, the CITY
may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work
executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or
Defective Work. No payment shall be made for profit for Work which has not been performed.
I 5,4A 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 deducting the
cost from the Contract Price without violating the intent of the Contract.
Removal of EqUipment
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its eqUipment
and supplies from the property of the OWNER. Should the CONTRACTOR not remove such
equipment and supplies, the CITY shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
to such eqUipment or supplies. EqUipment and supplies shall not be construed to include such items for
which the CONTRACTOR has been paid in whole or in part.
Contractor May Stop Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court
or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days 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 act on an Application for Payment or the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due.
Thomas F. Pepe
2.21·2017
Page 68 of 74
Indemnjfication of Independent Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
Contract 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 of the
CONSULTANT.
ARTICLE 16 -MISCELLANEOUS.
16. I Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or
certified mail. postage prepaid. to the last known business address.
16.2 The Contract Documents shall remain the property of the OWNER. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16.3 The duties and obligations imposed by these General Conditions. Special Conditions and Supplementary
Conditions. if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to 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, by special guarantee or by ocher provisions of the Contract Documents.
16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of
any error, omission, or act of the other or of any of their employees or agents or others for whose acts
they are legally liable, claim shall be made in writing to the other party Within twenty-one (21) calendar
days of the first observance of such injury or damage.
ARTICLE 17. WAIVER OF IURYTRIAL,
17.1 OWNER and CONTRACTOR knOWingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding.
lawsuit or counterclaim ariSing out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE 18· ATTORNEYS FEES IURISDICTION IYENUE I GOVERNING LAW.
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami-Dade County, Florida.
18.3 Except as may be otherwise prOVided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
ARTICLE 19 • PROJECT RECORDS.
19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the
books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any
claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR Which relate to the Project. CONTRACTOR shall retain and
make available to CITY all such books and records and accounts, financial or otherwise, which relate to
the Project and to any claim for a period of three (3) years following final completion of the
Project. During the Project and the three (3) year period following final completion of the Project,
CONTRACTOR shall prOVide CITY access to its books and records upon five (5) business day's written
notice.
Thomas F. Pepe
2-21·2017
Page 69 of 74
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(5.119.0701) while providing services on behalf of the OWNER and the CONTRACTOR, under such
conditions, shall incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR
and its subcontractors are specifically required to: (a) Keep and maintain public records required by the
public agency to perform the service; (b) Upon request from the public agency's custodian of public
records. provide the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise prOvided by law; (c) Ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract. transfer. at no cost.
to the public agency all public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract. the contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor shall meet
all applicable requirements for retaining public records. All records stored electronically must be prOVided
to the public agency, upon request from the pUblic agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663.6340; E-mail: mmenendez@Southmiamifl.gov; 6130 Sunset
Drive, South Miami, FL 33143.
19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
provision shall be liable to OWNER for its costs of enforcing this prOVision, including attorney fees
incurred in all proceedings, whether administrative or civil court and in all appellate proceedings.
ARTICLE 20 -SEVERABILITY.
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent,
be held invalid or unenforceable. the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to whleh it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 21 -INDEPENDENT CONTRACTOR.
2 1.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers. employees, or agents of the OWNER. Personnel policies. taX
responsibilities, social security and health insurance, employee benefits, purchaSing policies and other
similar administrative procedures, applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
ARTICLE 22 -ASSIGNMENT.
22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
arising under the terms. conditions and provisions of this Contract without prior written consent of the
City Manager. The CITY 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 CITY's requirements to the CITY's sole
satisfaction and the assignee executes all of the Contract Documents that were reqUired to be executed
by the CONTRACTOR
Thomas F. Pepe
2·21.2017
Page 70 of 74
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge
their inclusion as part of the Contract Documents on this __ day of , 20-,
ATTESTED:
Signature: ~_~~_..,--___ _
Maria Menendez
City Clerk
Read and Approved as to Form. Language.
Legality. and Execution Thereof:
Signature: __________ _
City Attorney
CONTRACTOR~ \, ' )(y \ . e0 . +'0'\(1 II
Signature: . ...;.:.......=_~+"' ...... -+::;:-:::"'1"""':"-:--0;--..-:--:--"--:::-:--
Print Signatory's arTie: ..p.gT-'I.W.j:..;u..ol.~--'-.s-I.IA4"'-1..1.L.1.o~_
Title of Signatory: ....L..I..Jo..;4U"u..!..I..I.---------
OWNER: CITY OF SOUTH MIAMI
Signature:
Steven Alexander
City Manager
Page 71 of 74
Thomas F. Pepe
2-21·2017
EXHIBIT 6
Supplementary Conditions
Tennis Fence Installation at arewer Park
RFP #PR10 17·05
A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's
designated representative as identified in the Supplementary Conditions. The CONSULTANT's, if any,
and the City's DeSignated Representative's name, address, telephone number and facsimile number are as
follows:
Consultant: N/A
B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished N/A sets of Contract
Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a
c;ost to the CONTRACTOR equal to the reproduction cost.
D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP
and in the attached EXHIBIT I. "Scope of Services," Attachment A & 8, to the RFP and if there is a
conflict the attached Exhibit shall take precedence.
E. Contractor shall comply with the insurance and indemnification reqUirements is set forth in the RFP and
in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached
Exhibit shall take precedence.
F. The Work shall be completed in 60 working days unless a shorter time is set forth in the Contract and
in such event the Contract shall take precedent notwithstanding any provision in the General Conditions
to the Contract that may be to the contrary.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as part of the Contract on this __ day of ,20-,
ATTESTED:
Signature: --:0--:----------
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature: --"""7""--------
City Attorney
CONTRAC OR: () I) ,<, .
Signature: =='H+::F.~~:::-'-'---::-i~-:::---.-.~
Print Signata
Title of Sign at
OWNER: CITY OF SOUTH MIAMI
Signature: ___________ _
Steven Alexander
City Manager
Page 71 of 74
Thomas F. Pepe
2.21.2017
EXHIBIT 7
City of South Miami Bid Protest Procedures
Tennis Fence Installation at Brewer Park
RFP #PR2017-0S
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL
PROCEDURE)
The following procedures shall be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for
proposals, requests for a letter of interest and requests for qualifications.
(a) Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be
aggrieved in connection with any formal solicitation or who intends to contest or object to any bid
specifications or any bid solicitation shall file a written notice of intent to file a protest with the City
Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to
file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered.
when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of
intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be
aggrieved in connection with the recommended award of a contract and who wishes to protest the
award, shall file a written notice of intent to file a protest with the City Clerk's office within three
calendar days after the City Commission meeting at which the recommendation is considered for action.
A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail
or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of
receipt.
(b) Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest
Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of
the notice of intent to file a protest. The Protest Letter is considered flied when the Protest Letter and
the reqUired filing fee of $1,000 are both timely received by the City Clerk's office. In order for the
Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the
Clerk's office must appear on the original Protest Letter and/or a copy of the Protest Letter and the
date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if
payment is made in cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of
the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be
considered to be timely received until and unless the required filing fee of $1,000 is received by the City
Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if
payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's
office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and
law upon which the protest is based, it shall describe and attach all pertinent documents and evidence
relevant and material to the protest and it shall be accompanied by any required filing. The basis for
review of the protest shall be the documents and other evidence described in and attached to the
Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and
attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the
protest.
(c) Computation of time. No time will be added to the above time limits for service by mail. The
last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in
which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday.
(d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria
or any formula used for assigning points in making an award determination, nor shall it challenge the
City'S determination of what is in the City'S best interest which is one of the criteria for selecting a
bidder whose offer may not be the lowest bid price.
Thomas F. Pepe
2·21·2017
Page 73 of 74
(e) Authority to resolve protests. The Purchasing Manager, after consultation with the City
Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest
. Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party.
The City Manager may then, submit a recommendation to the City Commission for approval or
disapproval of the protest, resolve the protest without submission to the City Commission, or reject all
proposals.
(1) Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter
filed pursuant to the requirements .of this section, the City shall not proceed further with the solicitation
or with the award or execution of the contract until the protest is resolved by the City Manager or the
City Commission as provided in subsection (e) above, unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without delay in
order to avoid potential harm to the health, safety, or welfare of the -public or to protect substantial
interests of the City or to prevent youth athletic teams from effectively missing a playing season.
Thomas F. Pepe
2-21-2017
END OF DOCUMENT
Page 74 of 74
THE CITY OF PLb\SANT i./V!:>.IC<
ADDENDUM No. #1
Project Name: Tennis Fence Installation at Brewer Park
RFPNO. PR2017-0S
Date: March 17,2017
Sent: Fax/E-maillwebpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
Exhibit I, Scope of Services, Attachment A is hereby amended and shall be a part
of the RFP by way of reference:
I. Scope of Work:
New chain link fabric shall be provided and shall be Class 2b fusion bonded
fabric, 9 core gauge x 1-3/4" mesh size. The new chain link fence shall be:
• Include four (4) walk gates: two (2) for the south t
(' ) for the north tennis court", and one
hardball/racquetball court.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER 0 SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOll!ATION.
Page 1 oft
South Miami
ADDENDUM No. #2
Project Name: Tennis Fence Installation at Brewer Park
RFPNO. PR20 I 7-05
Date: March 23, 2017
Sent: FaxlE-mail/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
QUESTION #1:
New line poles will interfere with tennis court. Please clarify if contractor will have to fix the
court as needed. If so, please describe existing court's floor composition.
RESPONSE:
The contractor is responsible to repair any damage to the tennis courts while performing the
work in accordance with the Exhibit 1,"Scope of Services." The tennis court composition is
made up of asphalt and covered with acrylic material to seal the surface and marked playing
lines.
QUESTION #2:
Scope of services call for 4 walk gates, however the addition of the named gates is 3 (2 for
south tennis court and I for hardball I racquetball court). Please clarify.
RE$PONSE:
Please refer to Addendum # I, issued for this RFP on March 17, 2017
Page 1 of3
QUESTION #3:
Please clarify location of new walk gates.
RESPONSE:
Please refer to Addendum # I, issued for this RFP on March 17, 2017
QUESTION #4:
Please clarify height of the new gates.
RESPONSE:
The height of three (3) new gates shall be 5 ft. tall from ground level.
The walkthrough entrance/exit opening located on the far south end court (adjacent to water
fountain) shall be 5 ft. tall from ground level.
QUESTION #5:
Please clarify new walk gate widths.
RESPONSE:
The widths for all gates and walkthrough entrance/exits points shall be a minimum of 4 ft.
wide.
Page 2 of3
QUESTION #6:
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.
Page 3 00
State of Florida
Department of State
I certify from the records of this office that CUNANO BUILDERS
CORPORATION. is a corporation organized under the laws of the State
of Florida, filed on January 9, 2004 .
. .
The document number of this corporation is P04000008708.
", -.
I further certify that said corporation has paid all fees due this office
through December 31 it 2007, that its most recent annual report was filed
on March 22, 2007, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under my hand and Ihe Great Seal of
Florlda~ ai Talla/IQSSee, the Copltal, tills tlie
Twenty Secolld day of March, 2007
~'1:5
Secretary of State
Autht:ntkal;on 10: 800094567678-032207.P94000008708
To aUthenticate this certiticate.visit the fullowing site. enterthiil m, and then follow the instructions displaved.
www.sunbiz.org/auth.html·
010202
Local Business Tax Receipt
Miami-Dade County/ State of Florida
-THIS IS Nor A BILL-DO NOT PAY LBT 6748413
BUSINESS NAME/LOCATION
CUNANO BUILDERS CORPORATION
16259SW81 ST
MIAMI FL 33193
OWNER
CUNANO BUILDERS CORPORATION
Worker(s)
RECEIPT NO.
RENEWAL
7021835
EXPIRES
SEPTEMBER 30.2017
Must be diaplaved at place of business
Pursuant to County Code
Chapter SA -Art. 9 & 10
SEC. TYPE OF BUSlNEsS
196 SPECIAL TV BUILDING CONTRACTOR PAYMENT RECEIVED
BY TAX COLLECTOR
CCC1329646 $75.00 07/19/2016
CHECK21-16-D92888
Thit LooIiIBusmess rlxlle4;fJipt only CIlIIfirnII payment of till Lee,1 BusIneA Tlx. The RectiJllla lIot alicenH.
pemit. or 8 cenific:alioa of tile holdef$ qu.IIRcetio .... to "0 buslnel8. Holder mllll COIDpI, wIiII.ny tlllvtfIlIIHIIItal
orlllllllDVtrnmtllta1 regllllhlly 11IWI8M l8tpIirBIIIBIIts whioll applrw ilia busineS$.
Tho RECEIPT NO. al10ve millt be di,plara" on ,II cOl1mllrcial vahlelD$ -MillllJl-Dade Code Sao a..218.
F1I. more Infonelllioo. visit Www.lIJjomHlade.gDfltexcpJlector
010584
Local Business Tax Receipt
Miami-Dade County, State of Florida
-THIS IS NOT A BILL -00 NOT PAY
6882683
BUSINESS NAME/LOCAnON
CUNANO BUILDERS CORPORATION
16259 SW 81 5T
MIAM( FL 33193
OWNER
REC8IPTNO.
RENEWAL
71&8041
SEC. TYPE OF BUSINESS
EXPIRES
SEPTEMBER 30, 2017
Must be displayed at piece of business
Pursuant to County Code
Chapter 8A -Art. 9 & 10
CUNANO BUILDERS CORPORATION 196 GENERAL BUILDING CONTRACTOR
CGC1518687
PAYMENT RECEIVeD
BV TAX COLLECTOR
$75.00 07{19{2016
CHECK21-16-o92923 'Yorker(s)
This lIIcal SuainllSC Tax Ret*pt oaly conll ...... paymant 01 the Local Busilless Tax. Tile RacalJl1ls aot a license.
p_Ir.ar a caniliciliooof tIMt holder'llIualificatiolW. to do busln .... Holder I1IUSt cOIIIfIIywiih any govlIl'IIIII8IItIII
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
(850) 487-1395
TALLAHASSEE Fl32399-0783
FERNANDEZ, ORLANDO
CUNANO BUILDERS CORPORATION
16259 SINal STREET
MIAMI FL 33193
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation, Our profeSSionals and businesses range
from arcl1itects to yacht brokers, from boxers to bmbeque
restaur(;nts. and they keep Florida's economy strong.
Every day we work to improve the way we do business in order
to serve you better. For Infonnalion about QLlI' services please
log onto www.myfloridalicense.com. There you call find more
infarmatioJ) about aur divisions and the reglJlatiol1S that impact
you, subscribe to department newsletters and learn more about
the Department's initiatives.
Our mission al the Department is: License Efficiently, Regt.!iate
Fairly We constantly strive to Gerve you better so that you can
serve your customers. Thank you for doing business in Florida,
and congratulations on your new license!
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
CGC1518687 ISSUED: 05/23f2016
CERTIFIED GENERAL CONTRACTOR
FERNANDEZ. ORLANDO
CUNANO BUILDERS CORPORATION
IS CER,IFIED uoder the pro'lsio~. of C~.489 FS.
F-:':pfati:"lv<!M AUS31 .:!CJ1b lI6jJ5?'3!'K.t.)O~,.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 489 FS.
Expiration date: AUG 31, 2018
FERNANDEZ, ORLANDO
CUNANO BUILDERS CORPORATION
16259 SIN81 STREET
MIAMI FL33193
ISSUED 0512312016 DISPLAY AS REQUIRED BY LAW
]
seQ It L'l605230000919
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
FERNANDEZ, ORLANDO
CUNANO BUILDERS CORPORATION
16259 SW.S1 STREET
MIAMI FL33193
Congratulatlonsl With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers, from boxers to barbeque
restaurants, and they keep Florida's economy strong.
Every day we work to Improve the way we do business in order
to serve you better. For Information about our services, please
log onto www.myflorldalicense.com. There you can lind more
information about our divisions and the regulations that impact
you, subscribe to department newsletters end learn more about
the Department's initiatives.
Our mission at the Department Is: License Efficiently, Regulate
Fairly, We constenUy strive to serve you better so that you can
serve your customers, Thank you fOr doing business In Florida,
and congratulations on your new license!
• STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFE~I0Nf'h '-'~GULATION
CCC1329646 , . :', ~~~, 05/23/2016
., ..•.
CUNANO
IS CERTIFIED under the provisions 01 Ch,0489 FS,
I!>piraIiondat.: AUGa1.2Dtll ll605230Q0088t
DETACH HERE
RICK SCOTT. GOVERNOR KEN LAWSON, SECRETARY
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 489 FS.
Expiration date: AUG 31,2018
ISSUED: 05123/2016
'~' .. -.' .
, >, •• ~ .... ;..
SEQ # L 1605230000881
DetaU by Entity Name
Florida Profit Corporation
CUNANO BUILDERS CORPORATION
filing Information
Document Number
FEIIEIN Number
Date Flied
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Address
16259 SW 81 ST STREET
MIAMI, FL 33193
Changed: 02117/2011
Mailing Address
16259 SW 81 ST STREET
MIAMI, FL 33193
Changed: 02/17/2011
P04000008708
20-0600598
01/09/2004
FL
ACTIVE
AMENDMENT
10/04/2005
NONE
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
U6lall oy t:rlUlY .'fame
Annual Reports
http://search.sunbiz.orgllnquiry/CorporationSearchlSearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CUNANOBUILDE... 1/2
Report Year
2014
2015
2016
Document Image§
Filed Date
03/25/2014
04/22/2015
04/30/2016
""':':
Detail by Entity Name
http://search.sunbiz.orgllnquiry/CorporationSearchiSearchResultDetall?inqulrytypa-=EntityName&directionTypa-=lnitial&searchNameOrder=CUNANORIJII nF__ ?/?
..... -Orlando Fernandez
1105 sw 117 ct. Miami, Fl, 33184. (786) 258-3719 • Fem8620@bellsouth.net
O~ecrive ________________________________________________________________ __
Project Manger Constmetioll Prflject tlJatlagetlJent with strollg field lItanagefmnt and cost manageflJet}t
experience and the abiliry to 1I1atlage subt'ontrtlc/ors and equipllJe11t tpith the assurance tif a safe and qualiry-
oriented job Jite ..
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 that deals with it.
SkillsSumma~--__ --------------------------------------------------------
• Project Management • Planning & Scheduling • Trade Coordination
• Crew Leadership • Vendor Relations • Repair and Maintenance
• Quality Control • OSHA Safety • BluePrint reading analysis
• Building Codes & Permits • Material Management • Communication Skills ProfessionruExperience ________________________________________________________ __
PROJECTS CONSTRUCTED IN WATEMIAN DEVELOPMENT GROUP CORP.
• Escaliber Homes, 400 w 69 st, Hialeah, FI, 33014
• Colonial Townhomes , 500 w 68 st., Hialeah, Fl, 33014
• Conquistador Villas, 5800 w 18 lane, Hialeah, Fl,33014
PROJECTS CONSTRUCTED IN BETA, DRYWALL
• Vineyard at Moncarch Lake, Miramar, Broward County (Lennar Homes)
• Lake by the Bay, Old Cutler, Miami (Lennar Homes)
PROJECTS CONSTRUCTED IN WCI COMMUNI1Y CORP.
• Heron Cove, Parkland, Broward County
• Vism, Highland, Parkland, Broward County
• Bay Cove, Parkland, Broward County
• Colony and Edgewood, Parkland, Broward County
PROJECTS CONSTRUCTED IN CUNANO BUILDERS CORP.
• Shopping Center & Car wash, 17560 Nw 27 ave., Miami Gardens, FI
• Single home, 945 euclid ave., Miami Beach, FI
• Single home, 6100 Nw 183 terr., Miami, Fl
• Single home, 8500 Pine drive, Coral Gables, FI
• Standa Suite Motel 1200 Nw 72 ave. Miami, FI
• Renacer home health care office, 14750 Nw 77 ct., Miami Lake, FI
Employment History _________________________________________________ _
WATERMAN DEVELOPMENT GROUP CORP. -4235 west 16 ave,Hialeah,FI,33012
Foreman, 1995 to 1998
BETA DRYWALL, INC.-Lyons Road Suite 1-10, Coconut Creek, F1, 33073
Project Manger, 1998 to 2002
WCI-11575 Heron Bay Blvd., Coral Springs, FI, 33076
Field Superintendent, 2002-2004
CUNANO BUILDERS CORP.-1105 sw 117 ct., Miami, F~ 33184
President,2004-Present
\
-----Orlando Fernandez
Resume, Page 2 Available for Relocation
Education ________________________________________________________________ _
Mmroi Dade College-Hialeah,FI
Engineering Related Technology, 2000
Higher Pedagogical Institute for Technical & Professional Education-Habana, Cuba
Licentiate in Machinery Construction (Bachelor's in General Studies), 1993
Certifications
State Certified General Contractor
State Certified Building Contractor
State Certified Rn'!fing Contractor