2THE CITY OF PLEASANT LIVING
To:
FROM:
Via:
DATE:
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Quentin Pough, Director of Parks & Recreation ~
August 1, 2017 Agenda Item No.:Q "
A Resolution authorizing the City Manager to negotiate and to enter into
an agreement with ATF Builders, Inc. for a new fence at Van Smith Park.
City residents have requested for a new security fence around the inside
perimeter of Van Smith Park (7800 SW 59 Avenue) to keep vagrants from
peering into the yards of the park's immediate neighbors. The project
scope entails a 510 linear ft., fully coated Dura security fence system
made of galvanized steel posts, metal sheet, and steel top, middle and
bottom rails. The fence will be installed along the south and west end to
preserve privacy and serve as a noise buffer for adjacent residents.
The awarded contractor is responsible for furnishing all labor (including
subcontractors), plans and technical specifications, installation,
machinery, tools, means of transportation, supplies, equipment,
materials, permits, dumpster(s), disposal of materials and services.
Furthermore, the Contractor is responsible for clearing, removal and
disposal of debris, shrubbery, concrete slabs, remaining stones, etc.
located within the work area in order to properly erect the new fence
system.
Through the Procurement Division, the City's Parks and Recreation
Department submitted a Request for Proposal ("RFP") #PR2017-12 on
Tuesday, May 30, 2017 for "Van Smith Park Perimeter Fence Project."
The City received three (3) proposals; ATF Builders, Inc. is the second
lowest bidder and is in compliance with the terms of the RFP.
The lowest vendor, Daycoven Construction, LLC. was established in 2014
and demonstrates the least experience in comparison to its competitors.
This firm has completed only one (1) job in the past five (5) years.
Daycoven and its sole reference have been unresponsive to phone calls
and emails made by City staff.
THE CITY OF PLEASANT LIVING
VENDORS &
BID AMOUNT:
FUND&
ACCOUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Please find below a breakdown of all submitted bids.
BIDDERS AMOUNT
DAYCOVEN CONSTRUCTION $18,509
ATF BUILDERS, INC. $18,960.45 0/
CUNANO BUILDERS CORPORATION $24,250
Proposal amount shall not to exceed $18,960.45. To account for any
unknown factors that may arise, a $2,000 contingency over the proposal
amount of $18,960.45 is requested, for a total expenditure in the amount
of 20,960.45.
The total expenditure shall be charged to the Parks and Recreation Capital
Improvement account number 301-2000-572-6450, which has a balance
of $457,412 before this request was made.
Resolution
Pre-Bid Conference Sign-In Sheet
Bid Opening Report
Proposal Summary
ATF Builders, Inc. Proposal
Addendum #1 and #2
Demand Star Results
RFP Advertisement
Sun Biz -ATF Builders, Inc.
1 RESOLUTION NO. _______ _
2
3 A Resolution authorizing the City Manager to negotiate and to enter into an agreement
4 with ATF Builders, Inc. for a new security fence at Van Smith'Park.
5
6 WHEREAS, City residents-have requested for a new security fence around the inside
7 perimeter of Van Smith Park (7800 SW 59 Avenue) to keep vagrants from peering into the yards
8 of the park's immediate neighbors; and
9
10 WHEREAS, the project scope entails a 510 linear ft., fully coated Dura security fence
11 system made of galvanized steel posts, metal sheet, and steel top, middle and bottom rails. The
12 fence will be installed along the south and west end to preserve privacy and serve as a noise
13 buffer for adjacent residents; and
14
15 WHEREAS, through the Procurement Division, the City's Parks and Recreation
16 Department submitted a Request for Proposal ("RFP") #PR2017-12 on Tuesday, May 30, 2017
17 for "Van Smith Park Perimeter Fence Project;" and
18
19 WHEREAS, the City received three (3) proposals; ATF Builders, Inc. is the second lowest
20 bidder and is in compliance with the terms of the RFP; and
21
22
23
24
25
26
BIDDERS
DAYCOVEN CONSTRUCTION
ATF BUILDERS, INC.
CUNANO BUILDERS CORPORATION
AMOUNT
$18,509
$18,960.45
$24,250
27 WHEREAS, the lowest vendor, Daycoven Construction, LLC. was established in 2014 and
28 demonstrates the least experience in comparison to its competitors. This firm has completed
29 only one (1) job in the past five (5) years. Daycoven and its sole reference have been
30 unresponsive to phone calls and emails made by City staff; and
31
32 WHEREAS, the City desires to provide a contingency of $2,000 over the proposal
33 amount for unknown factors that may arise during the work; and
34
35 WHEREAS, the total expenditure shall not exceed $20,960.45 dollars.
36
37 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
38 OF SOUTH MIAMI, FLORIDA THAT:
39
40 Section 1. The City Manager is authorized to negotiate and to enter into an agreement
41 with ATF Builders, Inc. for installation of a new security fence at Van Smith Park for a proposal
42 amount not to exceed $18,960.45. The City Manager is also authorized to expend an additional
43 amount not to exceed $2,000 in the event that any unknown conditions arise that would warrant a
44 change order. The total expenditure shall be charged to the Citywide Parks Improvement, account
45 number 301-2000-572-6450, which has a balance of $457,412 before this request was made.
46
47 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
48 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
49 not affect the validity of the remaining portions of this resolution.
50
51 Section 3. Effective Date. This resolution shall become effective immediately upon
52 adoption by vote of the City Commission.
53
54
55
56
57
58
59
60
61
62
63
64
65
66
PASSED AND ADOPTED this __ day of ____ -ll 2017.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
11
p~te:'.\
• RFPTitie:
~F'P·:NO.: ..
(i',
South'Miami
THE. erry OF. PLEAsi\~f tlV1NG
Pre-$Jd. C()nfer~nce
Sig.n~n .. She't
X:\Purchasing\Request for Proposals & Qualification (RFPs)\Van Smith Park Fence Project\Pre Bid\Pre-Bid Meeting Van Smith Park Fence
Project 6.13.17 .doc
BID OPENING RE.pORT
Bids were opened on: Wednesday, June 28, 2017 .• after: 10:00am
For: RFP # PR 2017-12 Van Smith Park Perimeter Fence Project
I:
COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT:
..
.' JI ~ i:Jh,I)If?:
1. A'(F BUILDERS, INC .............. , .................... , ..... , ... : ....... -r/P I ' .. /', " . i, :-,', ..
2. CUNANO BUILDERS CORPORATION... ...... ......... ...... ..... .fL'f/4,5t/( oj! ..
. 5"!J 9,0 () 3. DAYCOVEN CONSTRUCTIONS, LLC ............. ~ ... ;............ /.8) ' .. ' . / ~.
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED;
Witness:_--=-,-f-~->...L---»--;~_--'-~~_
Witness:.=~=' "'-" ~\::::T+--I-l-h.--'"<-""'-"I~---"-.L.....L.~-
PrmtName ignature
J ,;; :
Bidder
Daycoven
Const.
Bid Price
~
$18,509.00
ATF Buildersl $18,960.45
Cunano
Buliders $24,250.00
RFP PR2017-12 "Van Smith Fence Project"
NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
, ' \'" ~ >-">; ._,r' :;~ _: ;.:.-:,. 0' -:::.
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EXHIBIT 3
CONSTRUCTION
BID FORM
Van Smith Park Perimeter Fence Project
RFP#PR2017·12
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted. the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I, Attachment A, Be B, (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 Proposal/Bid Bond. if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal. agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds. if required by
this Solicitation. required insurance documents. and other documents reqUired by the Solicitation.
including the Contract if not already submitted. within ten (I 0) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal. Respon~ent 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&2 Dated: 6.9.17 & 6.14.17
b. Respondent has familiarized himself with the nature and extent of the Contract Documents. the proposed
work. site, locality. and all local conditions and laws and regulations that in any manner may affect cost,
progress. performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that:
i. Respondent has studied carefully all reports and drawings. if applicable. of subsurface conditions and
drawings of physical conditions.
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations. investigations, explorations. tests and studies in addition to or to
supplement those referred to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress. performance. or the furnishing of the Work at
the Contract Price. within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations.
investigations, explorations, tests. reports or similar information or data are, or will. be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable
presumption that the Respondent's bid. or proposal price, has taken into consideration all possible
underground conditions and Respondent. jf awarded the contract, shall not be entitled to a change
order for any such condition discovered thereafter.
iii. Respondent has correlated the results of all such observations. examinations. investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
Thomas F. Pepe
1211412016
Page 41 of7S
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 from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm or
corporation and Is not submitted pursuant to any agreement or rules of any group. association,
organization, or corporation: Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and
install all of the Work complete and in place. The Schedule of Values. if required, is provided for the
purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the
pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a
deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the
Work after the Contract Date. As such. the Respondent shall furnish all labor. materials. equipment,
tools. superintendence and services necessary to provide a complete. in place, Project for the Proposal
Price. If this Solicitation requires the completion of a Cost and Technical Proposal. as may be set forth in
in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take
the place of the Lump Sum Price, otherwise. the Contract Price for the completed work is
as follows:
RESPONDENTS SHALL SUBMIT PRICING ON EXHIBIT 4, uRESPONDENTS COST AND
TECHNICAL PROPOSAL."
5. The ENTIRE WORK shall be completed, in full, within 60 working 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: ATF Builders. Inc.
Address: 6625 Miami Lakes Drive Suite #427 Miami Lakes, Florida 33014
Telephone: 786.334.0988
Facsimile: 786.332.5406
Contact Person Carlos Rey Valenti
7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned
to them in the Contract Documents, unless specifically defined in this Solicitation Package.
8. If a Respondents Cost & Technical Proposal, Exhibit 4. is required by the Solicitation, Respondent
hereby certifies that all of the facts and responses to the questions posed in the Respondents Cost &
Technical Proposal, Exhibit 4, if such an exhibit is made a part of the Solicitation, are true and correct
Thomas F. Pepe
1211411016
Page 42 of75
and are hereby adopted as part of this Construction Bid Form. ,EJc/Jibit 3. and are made apart of this
proposal. by reference. '
9. By submitting this proposal, I. on behalf of the business that I represent, hereby agree to the terinsoft~e
form of contract contained in the Solicitation package and I agre~ tabe boun~byt~ose terms. with any
appropriate blank boxes, if any. checked and any blank lines:filled iriwith t;he apprO,priate inform,ati~:>n
contained in the Solicitation Documents and this proposal. or such Information that tilE!,Cii:y~ndll':have
agreed up,onin the course of contract negotiations and whicn nayebeen confirmed bytheCity'in'wtiti!lg;
including e-mail confirmation. if any. I hereby certify underpE:!nidty of perjury tha{larrith~I~Wtul
representative of the business entity referenced I n this Bid Form; ,that "nave authQ/-Ity'iobidJor that~n1;ity,
th,at I have authority to sign contracts for that entity and binditt9 ,th9se"i::ontractter~s ,and that allpftil~
information and representations contained herein are true and correct to the best cif my ~riowlt~dge.
information arid belief. ' , '
SUBMITTED THIS 23rd' DAY OF
PROPOSAL SUBMITTED BY:
ATFBuilders, Il1C.
Company'
Na,' ~,'e.'"" ~f,P,IO,.rs,~,~nAiI" th, 0, ",O~, t,o, "S, Ub, mit P" roposal 2.~'
TItle
Thomas F. Pepe
12/14/2016
-t...;Il=lll=e'------'-_-,--____ 20JL.
,786334.0988
Telephone Number
,.786332.5406 ,
F1Q< Num~er
carlos@atfbuilders.com
Email Address
END OF SECTION
Page 43 of 75
'/
':.!'
','1';'
""".' I
ADDENDUM No. #ldiifi2iS?--::::-
", ,",. . -.. , .
Project Name: Van Smith Park Perimeter Fence Project
RFP NO. pRi0l7-12
Date: June 9, 2017
Sent: Fax/E-maill~~~page
This, addendumsubrn ission is issued to ,darify,supplement and/or, riio~ify the ,p'l"eYi~~sIYissued, '
Solicitation, and .is hereby made part of the Documents. All requirements ohlle Documents
not modified herein shall remain in full force and effect as originallysetforth; Itshalr~e the sole respq~si,i)ili~ofth,e bidder to secure Addendumsthat may be issued for,aspedfic solicitation.
QUESiTlON #1:
What is the d~'s budget / estimate for this project?
RESPONSE:
The City has budgeted $20,000 for this project in the City's Adopted Budget for fiscal year
201'7, Capital Improvement Program 5-Year Plan.
QUESTION #2:
Is the bid bond and Payment and Performance bond required for this project?
RESPONSE:
No, a Bid Bond or Payment and Performance Bonds are not required for this project.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page toft
(t 1
South'Miami
THE ClW'Of 1'1.Ei\SMn LIVING
.~ ... ~.~."
ADDENDUM No.#2~~= 0>-
Project Name: Van Smith Park Perimeter Fence Project
RFP NO. PR2017-12
Date: June 14,2017
Sent: Fax/E-mail/webpage
This addendum submission is issued to' clarify, ~upplement and/or modify the previci>usly issued
Solicitation, and is hereby made part of the Doc~ri1ents. All requirements of the Documents
not modified herein shall remain in full force and eff~ct as originally set forth. .It shall be the
sole r~sponsibility of the bidder to secure Addendoms that may be issued for a specific
solicitation.
QUESTION #1:
I was wondering if we were going to be provided photographs of the debris that is needed to
be removed from the demolished home if that is part of our scope?
RESPONSE:
No, photographs are not available. The City encourages interested parties to visit the site.
QUESTION #2:
I went to the site via Google Earth and noticed there was heavy shrubbery along the South and
West property boundaries. Are we going to be required to clear and haul away any of that
shrubbery or does the fence line fall outside the shrubbery so that our scope is unaffected by
the vegetation?
RESPONSE:
Yes, if debris is located within the work area, the awarded Respondent is responsible for
removal and disposal of debris from the old home; a few concrete slabs, remaining stones, and
shrubbery along the south and west ends shall be removed in order to properly erect the new
fence system.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 10ft
EXHIBIT 4
RESPONDENTS COST & TECHNICAL PROPOSAL
Van Smith Park P.arimeter Fence Project
RFP #PR2017.1 2
RESPONDENTS SHALL QUOTE. A LUMP SUM PROPOSAL IN ACCORDANCE
WITH EXHIBIT I, SCOPE OF SERVICES,ATTACHME.NTS A, & B
LUMP SUM PROPOSAL; DURA FENCE SYSTEM:
$ 18.960.45
SUBMITTED THIS 23rd DAY OF .-....J"'=n;;.;.e _______ 20~.
PROPOSAL SUBMITTED BY:
ATF Builders, Inc.
Company
Carlos Rey Valenti
President
Title
Thomas F. Pepe
12114/2016
786.334.0988
Telephone Number
786.332.5406
Fax Number
carlos@atfbuilders.com
Email Address
END OF SECTION
Page 44 of 75
EXHIBIT 5
CONSTRUCTION CONTRACT
Van Smith Park Perimeter Fence Project
RFP#PR2017·12
THIS CONTRACT was made and entered into on this day of , 20 __ ,
by and between ATF Builders, Inc. (hereafter referred to as
"Contractor"), and the City of South Miami (hereafter referred to as "Owner"), through its City Manager (hereafter
referred to as "City").
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 performed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
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:
eighteen thousand, nine hundred sixty dollars and forty-five cents Dollars ($ 18,960 . ~
(Spell Dol ... Amount obaYe) ("Contract Price1.
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 performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contral;.tor 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.
8. 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 $700.00 dollars per day, plus any monies paid by
the Owner to the Consultant, if any, for additional engineering and inspection services, if any, associated with
such delay.
Thomas F. Pepe
121'4/20/6
Page 45 of 75
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 beun1iatisfactory, 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 ContractQr shall, at its expense wlthinftve (5) business days after the
receipt of notice from the City so to do, furnish an additional bond or bonds in suchf6rm and amount and
with ·such Surety or Sureties a~ shall be satisfactory to the City. In such event, no further payment to the
Contractor shall be deemed to be due onder thIs Contract until such new or additional security for the
faithful performance of the Work is furnished in the manner and in the form satisfact9ry to the City.
10. No additional Work or extras shall be done unless the same is duly authorized in writing,anel in advance of
the work, by appropriate action by the City and in accordance with the Contract DoqJlJjents.
II. The date that this contract was "made and entered into" and its effective date is the ctat~that the contract is the
Signed by the City or, if the cOr)tract is required to be approved by resolution of the CitY Commission, then the
Effective Date is the date ~f 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.
ATTESTED:
Signature: __________ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature:~. ______ -;-___ _
City Attorney
CONTRACTOR: A'J'F Builders, Jnc.
Signature: 2 A¢)fjif ..•• d? ,.
R:.
Print Signatory's Name: Carlos Rey Valenti
Title of Signatory: -",P,-,f,->e",sl"",' d"'e""n..,t'--_______ _
OWNER: CITY OF SOUTH MIAMI
Signature: ____ -,-_______ _
Steven Alexander
City Manager
Page 46 of 7S
Thomas F. Pepe
12114/2016
EXHIBIT 6
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
Van Smith Park Perimet~r Fence Project
RFP #PRlO 17.12
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. is/are
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.
ruQ;, 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. finn 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.
Chanee 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.
Contractinz Officer: The individual who is authorized to sign the contract documents on behalf of the OWNER.
CONTRACTOR: The person, finn 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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\
Day: 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 12:01 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 approvai
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.
Drawin&s: 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 to perform 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.
ShQP 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.
Substantial Completion: The date. as certified by the CONSULTANT. when the construction of the Project or a
certified part thereof is sufficiendy 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 ally 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.
SuretY: 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.
~ The term "Notice" as used herein shall mean and indude all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual. firm, or
corporation. or if delivered at or sent by registered 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
~
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 (10) calendar days of receipt of the Notice of Award. A Contract Document that
requires the signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document.
Forfeiture of Bid 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%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers. material man, laborers, or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
reqUirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum.
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2.3.3 Pursuant to the requirements of Section 255.05( 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 Pre-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 ~nd 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 an 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 sh~" 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 entided 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.
Oualifications of Subcontractors. Material men and Suppliers;
2.10
,
2.11
2.12
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 rec\,!iving 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 list. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall
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.
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.
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 l-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 51 of 75
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.
3.8 Brand names where used in the technical specifications. are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent". when used in
connection with brand names, 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 CONSULT ANT 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
Written or figured dimensions
Scaled dimensions
Drawings of a larger scale
Drawings of a smaller scale
(f)
(g)
(h)
(i)
(j) Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 -AVAILABILITY Of LANDS SYBSURfACE CONDITIOHi REF§RENCE POINIi
Availability of lands:
4.1 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. Any failure by the CONTRACTOR to
acquaint itself with the available information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNERI CONSULTANT.
Differine 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
Supervjsion 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. construction equipment
and machinery, tools. appliances, fuel. power. light, heat, local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing, initial operation and completion of
the Work.
6.4 All materials and equipment shall be new, except as otherwise provided in the Contract
Documents. When special makes or grades of material which are normally packaged by the supplier or
Thomas F. Pepe
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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.S 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. I 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 substiwtion of a material, article, ~r 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 substiwte 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 substiwte 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 rep/aced, 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.S 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 (S) business days by the CONTRACTOR at his own expense and redelivered and/or
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
service(s} in a timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract.
Concerning Subcontractors:
6.7 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
Thomas F. Pepe
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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 CONSULTANT 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 will 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 shotll 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 RQyalties:
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.
Permjts:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work. which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions. there will be no charges to the CONTRACTOR. The CITY shall assist the
CONTRACTOR, when necessary. in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
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Electrical Power and Ughting:
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 ReKulations:
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:
6.17A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation,
familial 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.
Safety and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall 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. I 9.2 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:
6.2 I In emergencies affecting the safety of persons or the Work or property at th e 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 Drawines 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 CONSULTj\NT. 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 CONSUL T ANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
Cleanin!: 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.
Pyblic 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
dosed, 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 from public
observation. for use of all personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of
the Supplementary Conditions (Insurance and indemnification requirements). .
6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of
any .~uch 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 evety 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 Existin& 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 udlities 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 Govgrnmental Departments, Public Utjljties,Etc.j
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 Existing Property Improvements:
6.38 Any existing surface or subsurface improvements, such as pavements, curbs. sidewalks, pipes or utilities.
footings, or structures (including portions thereof), trees and. shrubbery, not indicated on the DraWings
or noted in the Specifications as being removed or altered shall be 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 noted 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 entitles 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.
8.2 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 fumish 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 CONSULT ANT 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. shaU be decided in a court of competent jurisdiction within the
State of Florida.
Visits to Site:
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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 slte-
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: i
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 II 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. All linear surface measurements shall be made horizontally or vertically
as required by the item measured.
Reject/ni Defective Work:
9.5 The CONSULTANT shall have authority to disapprove or reject Work that Is "Defective Work" as
defined in Article I. It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as prOVided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing shall be
approved in writing by the CITY. All consequential cost of such inspections and testing. including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work. or the work of others,
the cost to move furniture and equipment and/or the cost to.provide alternative facilities until the repair
work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work.
Shall DrawinKs. 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 CONSULT ANT responsibilities with respect to the Application for Payment. etc .•
see Article 14.
Decisions on Disagreements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Resllonsibilities:
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
provided in Article II or Article 12. A written Change Order signed by the CITY and the
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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'sIField Order would entities 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 I I ... 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.
1104 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 ofthe 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 11.8.
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.
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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
II.B 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:
II.S.I 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 costsoffringe 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.
II.S.2 Cost of all materials and equipment furnished and incorporated in the Work. including costs of
transportation and storage, and manufacturers' field services reqUired in connection
therewith. 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.
11.8.3 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 II.B and in such case the word "Subcontractor" shall be
substituted for the word "CONTRACTOR".
II.B.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.
II.S.5 Sales. use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
II.S.7 The cost of utilities, fuel and sanitary facilities at the site.
I I.S.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.
II.B.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:
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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 I 1.5.
I 1.9.2 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 II.B.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
11.10.1 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%).
I 1.11 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 11.8. 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
~erformed.
ARTICLE 12 -TIME FOR COMPLETION. L10UIDATED pAMAGES 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 is given.
12.3.2 CITY is authorized to deduct the liqUidated damages from monies due to CONTRACTOR for the
Work under this Contract.
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME 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
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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 a" 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 c;laim 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,
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly. all materials and eqUipment furnished and Work performed for patent Defective
Work for a period of one (I) year from the date of Final Acceptance as indicated in the CONSULTANT
letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the
Certificate of Completion. If issued by the City. whichever is applicable and if more than one is applicable,
the one that is issued last, for patent 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,
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 compl,eting all forms for Warranty/Guarantee coverage under this Contract.
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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 entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"purchase order", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once it month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releaSing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and eqUipment not incorporated in the Work but delivered and suitably stored at or near site,
the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY,
which establishes the OWNER'S title to the material and equipment as well as certificates 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 Tjtle
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
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
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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 for Payment; that, to the
best his knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as
defined in Article I. to the results of any subsequent tests called .for in the Contract Documents and any
qualifications stated in his approval); and that 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.
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction 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 from a Subcontractor or Supplier. the same
amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by
written agreement between them and then a joint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be
held by the OWNER until 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.S 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
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.
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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 eritire 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
subsequendy 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 fded 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 If the 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, direcdy
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
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
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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 15.S
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.
I SA 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.
15AA 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.
Indemnification of Independent Consultant.
Th~as F. Pepe
1211412016
Page 69 of 75
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.
16.1 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 C;onditions, 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 other 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 JURY TRIAL.
17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance ofthe Work
thereunder.
ARTICLE 18 -ATTORNEYS FEES JURISDICTION I VENUE 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 -PROIECT 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
1211412016
Page 70 of 75
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.070 I) while providing services on behalf of 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 1:0
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov;6130SunsetDrive,
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 which it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 21 -INDEPENDENT CONTRACTOR.
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and sublect 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
12/14/2016
Page 71 of 75
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge
their inclusion as part of the Contract Documents on this 23rddayof hme , 20 17,
CONTRACTOR: ATFBuilders, IllC.
,
Signature: ~S· ?~ .? .;;;::.
ATTESTED:
Signature: _,.--________ _
Maria Menendez
City Clerk
Read and Approved as to Form. Languilge.
Legality, and Execution Thereof:
Print Signatory's Name: Carlos Rey Valeilti
Title of Signatory: _·.:!:.P~r~es~i~d:!:e~ll~t ___ --,-______ _
OWNER: CITY OF SOUTH MIAMI
Signature:
Steven .Alexander
City Manager
Signature: --:::---:-____ ----
City Attorney
Thomas F. Pepe
1211412016
END OF SECTION
Page 72 of 75
, "',,
EXHIBIT 7
Supplementary Conditions
Van Smith Park Peflmeter Fence Project
RFP #PR20 17-12
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 hone, then CITY's
designated representative as identified in the SlIpplementary 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
s~rvices of the CONSULTANT or from substituting another "person" to aetas the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished NIA sets of Contract Documents
without charge. Any additional copies required will be furnished to the CONTRACTOR at a cost to the
CONTRACTOR equal to the reproduction cost. '
D. The St;opeof Services, also referred to as the Work in the contract documents, ,is as set forth in the RFP
and In the a~ched EXHIBIT I to the RFP and if there is a conflict the attached Exhibit shall take
precedence.
E. Coritractorsh,all cOQ'lply with theirisiJrance 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 tl'Jatrhay be to the contrary.
IN'WITNESSWHEREf;>F, the parties hereto have executed the Supplementary Conditions to
acknowledge their indusion as part of the Contract on this 23rdday of June , 20 17.
ATTESTED:
CONTRACTOR: ATF Builders, Inc,
Signature:, :;;;?)!%i~~
Print Signatory's Name: Carlos Rey Valenti
Title of Signatory: -=:.P.=.;re;:,::s:..::id,;::e,=.;l:;::lt"---_______ _
OWNER: CITY OF SOUTH MIAMI
Signature: _____ --_---Signature: ___ -:-_-:-_____ _
Maria Menendez
City Clerk
Read and Approved as to Form. Language.
Legality. and Execution Thereof:
Signature: __________ _
Thomas F. Pepe
12114/2016
City Attorney
END OF SECTION
Page 73 of 75
Steven Alexander
City Manager
RESPONDENT QUALIFICATION STATEMENT
Van Smith Park Perimeter Fence Project
RFP #PR2017·'2
The response to this questionnaire shall be utilized as part of the CITY'S overall P"oposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed.
a) In the past 5 years 10+
In the past 5 years On Schedule 10+
b) In the past 10 years
In the past I 0 years On Schedule
2. List the last three (3) completed similar projects.
Thomas F. Pepe
12114/2016
a) Project Name: Batting Cage Renovation at Palmer Park
Owner Name: _C=ityL-0;:.:f~S:.:o:.::u:::.th.:...:M:..::.::iam:..::.::....i ________ _
Owner Address: 6130 Sunset Drive South Miami. FL 33143
Owner Telephone: ..;"'~8:.:6:..:.4..;;;82.=-58=..c0:..:O~ ______ ,--__ _
Original Contract Completion Time
(Days): 1Sfa)Q(kit19 d~r
Original Contract Completion Date: --,'!!.!l'\L--~ . .!...~!.:(o~,¥r.J..tJl;SJIl..------_-_-
Actual Final Contract Completion Date: -'.ll.JnL-' ~----!P!-!~..:.04~fL!rlI<lSl!.!J,----________ _
Original Contract Price: -J.i:..l/u.3"-t-1 ...I.'ul ,Qra.,o. • .L'.SJ.l _________ _
Actual Final Contract Price: -.!1.=.I9_~_.,.!.~:...:(:.:;:D~jt.=.t1.!lJ'tSIl!:.S!t.---------
b) Project Name: 3359 ~ 3gb' Bdu,d(r-e 101.
Owner Name: tb1m &achCoualq .. Capitol ''''PflUI''1lI1b
Owner Address: ~fJ33 ViM tbrt~ w. t?alM &lIh, ft 93 .. "
Owner Telephone: .$'''' -#33 .. O~"l
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual final Contract Completion Date: --=A~pjL!-("'-' 11-'...I-..... _,.-J!'Zi!.!!O!.!.I1...t..... ______ _
Original Contract Price: /'10,000
Actual Final Contract Price
Page 14 of 75
c) Project Name: Carmichgcll.oad
Owner Name:
Owner Address:
tb'~AeCJJ;.~ COIJ0ht .. lb(Htal I ""Pfll~
9Cd3W·s.J.Q eCt"kCf/AlfW, Polflt I3tA elt, ft.
Owner Telephone: S(,,~ ~'33 .. O:J~
Original Contract Completion Time
(Days):
Original Contract Completion Date:
(,.o.,d~.S .
Actual Final Contrad: Completion Date: ~~~Q!!!!!r!.:!e:...h..:..·..,:,"::.:. ~t-"-I~~=-O.:,.:':..!1_,--____ _
Original Contract Price: ,,9,@. (J()
Actual Final Contract Price: i 6 ,/, (J()t), ()()
3. Current workload
Project Name Owner Name Telephone Number Contract Price
.¥.a.ti(;J'tr"iC~j ·.~"lfit,."c.M' .. .. ,
QI Mtdltl/ gos ~ tt1'" "s4' t~71: 77() .1'1 ... ., ... ,
rrow.r~IM L' O.,Vt('l-Uft "MDCRf 305'. -qqS .. I3,01 Sht/; I(il-~ 39 ..
DtPloMit1O JhviccoS Ci-hfof J'Mh Hillmi :]OS .. bh 3 .. (,3!l1'" tb, hqq.oo
4. The following information shall be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
5. List and describe any:
Thomas F. Pepe
12(14(2016
Page 15 of75
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References:
List other Government Agencies or Quasi-Government Agencies for which you have done business within
the past five (5) years.
Thomas F. Pepe
12114/2016
Name of Agency: Palm 6each OomN
Address: ~b:?>~Yi.J~qPQ(t~
Telephone No.: S'~I .. ~33 ~ 02""
Contact Person: ~,'H()rtl Mulltt'r
Type of Project: b'ml1r,hotl {l)S-trrJtfuttJ
Name of Agency: Miami -Dode Coua-h4(?ubl,'c Schools
Address: ,*50 ME d."d If~t I4;Q,..", f' .:J3/3.:t
Telephone No.: los .. ttqS .. ,!SO"
Contact Person: ~Au' Pttt? ~~~~~----------------------
Type of Project: Dt'PI"hHon (~) J'ch"I""
Name of Agency: Town ()£ Mfd It~
Address: ,'71 N\J JQ ft~ atJe
Telephone No.: 30S .. 8tt7-QS41
Contact Person: _J..::;...::O.:..fj:J-=t~;o..C..!l!o~r .... 2-wC~ ________________ _
Type of Project: PubliC SCr"iceJ f(;lc.,I, tv
Page 16 of 75
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL
SUPPLIERS
Van Smith Park Perimeter Fenc~ Project
RFP #PR20 17·12
Respondent shall list all proposed subcontractors. if subcontractors are allowed by the terms of this Solicitation to
be used on this project if they are awarded the Contract.
_Classification of Work Subcontractor Name Address T-elephone, Fax &
Email
Landscape
Sodding and Turf Work
Fabrication
Park Amenities
Excavation ,
Other:
A TF Builders, Inc. will
felf perform 100% ohcope.
This list shall be prOVided to the City of South Miami by the apparent lowest responsive and responsible Bidder
within five (5) business days after Bid Opening.
Thomas F. Pepe
12114/2016
END OF SECTION
Page 17 of 75
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
)
) COUNTY OF MIAMI~DADE
_C..::c::ar:::.;l:..;o:.;:s..,:Rc:..;e,;.,yr......;cV..,:al:..;e;::.;l:::.;lti::;;· ___ ......... ________ being first duly sworn, deposes and states that
(I) He/Sheffhey is/are the -=P.::.re::::s:::.;id:::.;e~l::.::lt'---,.----'-____ ,.---,-___ ~_'---___ ---'-
(Owner, Partner. Officer. Representative or Agent) of
(2)
(3)
(4)
(5)
.-;..A_T-:-, F--:,,"B=-,u_i_ld_e_l"S...:,~I_n_c_. ~ ________ --'--'-the Respondent that, has submitted the
atta¢hEid Proposal;
He/She/They is/are fully informed concerni~gthepreparat:i6n,and ~ontents of t~eattac~ed Proposal
and of allper~inentc:ircuf!1~tances concernirig 5u.ch Pr(lposal;
Su~h PrQposidis genliineandis nQt a. collu,sive or sham' Pa:qpps~l;
Neither',the said Respondent nor any<.?f its ,offl!,er.s;"paii:ners •. o~n~r:s'. ~ie,nts.repre$eilFltives.,
employees or parties il1 . in~~rest, j~~ludlrg ~hj~ affiant,~~ve j~~by waycolf'~~ed.~()n~plr~d.,c:~nnivedor
agreed, directly or indirettly •. Withany oth~rR~spondent, firlll.,<l1"p erson to ~ljllmlt~col!usiveorsham
Propbs~LincClnnectionwi~htheWorkJ6r \'V~ic.h thE! atta:~he~ 'PrQPos~lh"S~E!!Eir1's~~rnittedi or to
ref.1!i11 fplrn Bidding: or propPsingiricoi1l1ectidnWi~h such, WClrki·qr' h~Yeiil,anY':manne'r;' direc;tly (lr
indirectly, soutfttby agre!e~entor ccilluslon.orcolnm,unji:~ti~n,or confer'en~:ewltha~yR,espqndent,
firm,or. person to fix 'any. oxerhead;proflt, or cost,elernents()fthePropo~al ~rofanyother
R,espcmdent. or to, fix~l)yoverhead. profit, or ~ostelem~n~of the Proposal, Pri~e qr the.' Pr9Posai •
Price of any other Respondent, or to~sE!c~rE! throllgh any ~ollijliioll' con~pirac:y,co~,ni~ncE!; pI' ulllaWful
agreement 3llyadvantage against (Recipient). or anypersc:>ninterested ,ntheprqpos~dWorl<;
The price or prices quoted,in the attached Proposalan~ fair and proper alld.arenottainted by any
collusion. conspiracy. connivance, or unl,awflll agreement on the part ofthe.Respondent.orany ,other
of its agents. representatives. owners, employees or parties .ofinterest, fndudinsthis affiant.
Signed, sealed and delivered in the presence of:
Witness
Witness
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By: ~/,2;;
Signature'
Carlos Rey Valenti I President
Print Name and Title
TillIe 23, 2017
Date
On this the 23rd day of Tune • 20~. before me, the undersigned Notary Public ofthe State
of Florida. personally a~peared (Name(s) of individual(s) who appeared before notary)
Carlos Rey ValentI and whose name(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that he/she/they executed it.
Thomas F. Pepe
12114/2016
Page 18 of7S
WITNESS my hand ~nd official seal.
NOTARY PU6UC:
SEAL OF OFFICE:
Thomas F. Pepe
12/14/2016
Giselle Avila
(Name of Notary Public: Print, Stlmp or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
x Did take an oath,or
Did Not take an oath.
Page 19 of 75
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 011 leases or real property to a public entity. may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. Respondents must disclose with their Proposals, the name of any officer, director. partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
by Carlos Rey Valenti I President
(print individual's name and tide]
for ATP Builders, Inc.
City of South Miami
[print name of the public entity]
[print name of entity submitting sworn statement]
whose business address is 6625 Miami Lakes Drive Suite #427
Miami Lakes, Florida 33014
and (if applicable) its Federal Employer Identification Number (FEIN) is 47-5262120 (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. I 33 (I )(g), Florida Statutes. means
a violation of any state or federal law by a person with respect to and directly related to the transact/on of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to , any bid, proposal or contract for goods or services to be prOVided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion. racketeering. conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes.
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
I. 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of gUilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a). Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers.
directors. executives, partners. shareholders, employees. members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person. or a pooling of equipment or income among persons when not for fair
Thomas F. Pepe
12114/2016
Page 20 of75
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 JO bid. dt proposal on contracts for the
provision of goods or services let by a public entity, or which otherwise~r<insacts or applies to transact
business with a public entity. The term 'iperson'iindudes those offic~rs,directors, executives, partners,
sh<ireholders, employees, members, .andagents who are active in managelTlent of an entity.
6. Bil$ed on information and belief, the Statement which I have marked below is true in relation to the. eqtity
submitting this sworn statemerit [Indicate which statement applies.]
~ Neither the entity submitting this sworn .statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, oragents~ho are active .in '~he management of the entity,
nor any affilia,te of thi:! entity has been charged with and. convicted of a Pllblic en~ity crime subsequent to
July I ~1989. .
__ . _ The entity submittil1g this sworn statement; or one or more of its offi,cers, directors, executives,
partners, shareholders; empl?yees, members, or agents who are active in the management ofthe entity, or
an affiliate of theenticy has:ooencharged with aod convicted of a:Pllblic entity crime subsequent to July I,
1989. .
__ The ,entity submitting this sworn statement, or .one or more of it~()fficers, directors, executives,
partners, shareholders, employees, members, or'agents who are active in the'n1ar~gement of the entity, or
al;laffiliate of the entity has been charged with and .convicted of a public entity crime subsequent()f July I,
1989. H()wever, there' h~ been asubsequerit proceeding before a Hearing Officer of the State of florida,
Division of Administrative Hearings and the finatOrderentered by tneHearingOfficer determined that it
was not in the public interest to p,lace the entity submitting this sworn statement on the convicted vendor
, list. [attach a cqpy of the final order.]
I UNPERSTAND THAT THE SUBMISSION OF THIS FORM TO· THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INOENTIFIED IN· PARAGRAPH I (ONE) ABOVE.IS FOR THAT PUBLIC ENTITY ONLY; AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUteS. FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. .
Sworn to and subscribed before me this 23rd
Personally known ____ x_r _______ _
OR Produced identification _______ _
(Type of identification)
Form PUR 7068 (Rev.06/11/92)
Thomas F. Pepe
12114/2016
2·~;;;A
My commission expires February 9, 2019
(Printed, typed or stamped commissioned
narne of notary public)
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 impllilmented 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 cirder 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, ;lnd 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 ofthe 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 cont~ctuallierviCes that are under Bid, he employee shall abide by the
terms of the statemeilt and shall notify the employee of any conviction of, or plea of gUilty or
nolo c:,onteocJere to, any yi,?lation of Chapter 893. or of any controUed su.bstancelaw of the United
States or any state; for a violation occurring in the workplace no later than five (5) business days
after such .conviction.· .
5) Impose a sanction on, or requirethe:satisfactory·participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statlilment, I ce ify that this firm complies fully with the above requirements.
RESPONDENT's Signature:
Print Name: Carlos ReV Valenti
Date: June 23, 2017
Thomas F. Pepe
1211412016
Page 22 of7S
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA
STANDARDS
TO THE CITY OF SOUTH MIAMI
We, A TF Builders, Inc. . ,(Name of CONTRACTOR). hereby acknowledge and agree that as
CONTRACTOR for the Van Smith Park Perimeter Fence Project as specified have the sole responsibility
for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and allState
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 (Sub-contractor's names):
N/A -ATF Builders, Inc. will self perform 100% Cif job.
to comply with such act or regulation.
CONTRACTO~'"
2" ..
BY: Carlos Rey Valellti
Name
President
Title
Thomas F. Pepe
12114/2016
Page 23 of 75
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR. LISTINGS . . -,"
The person, or entity, who is responding to the City's solicitation, hereinafterrE;f~rred to as ·~Resp.ondent", must
certify that the Respcmdent's name Does Not appear on the State of Florida, Department of Mahag~ment Servicl!sj
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS". '
If the Respondent's name Does appear on one 9r all the "Listings" summarizeqbelow, Responlien,~ must "Check
If Applies"next to the applicable "Listing.~'The "Listings" can be accesse~ through the following link to the Florida
Department of Mariag~ment Services website: .
http://www.dms.myflorlda.com/business operations/state purchasing/vendor information/convicted susp
erided discr'iminatorycompl<iirits vendor lists' . . .
, . ',. DE<:LARATIONVNDER . PENAL TV OF 'PI;RjURY
I, Carlos ReyV alenti ""'.' (hereinafter feferredto as the"Ded~rarlt'~)state, uncler penalty of perjury,
that thefoUowing ~tai:elTlentsar¢trueand correct; . . ',' .
(I) I, repres.ent ,the Respondent whose nall)e is ATF Builders, Inc.
(2) . .1 have th~ followillg relationshipwiththeRespondent, Presiderit .' (Owner{if Respom!ent is a
solepr9prietor), President (If'Re~p~ondent is a corporation) Partner (if Respond~i1t is a p;trtnersl1ip), General
Partner ,(if Respondent is a Limited Partnership) or Managing Member> (if Resp~nd~nt is a Lirtlit:edLiabllity
CompaIlY)~ , .'
(3) . . I have reviewed the Florida Department of Management Servic~websi~e~t the following URL address:
.. http:I'VVWW';dms;rT;IYfl6rida;com/Qusiness~operations/state..Jllirchas'inglvendor .. .Jnformation/convicted_suspended_di
sCr!minatory-complaints...:.vendor :,:..lists. '. .
(4) I.have eil~erE!dari "x" or a' check' mark beside each ·I,$ting/category setJorth below if theJ~espondent's
name appears inttle "st found on the. Florida. Department ofManagernent Services websit~ for that Oitegory or
listing. If I did not enter:! mark beside a listing/category, it means that I am attesting to the fact tIlatthe
Respondent's namedoEls \lot appear on the listing for that category in the Florida Department of Management
Services website.ils ofthe. dllte ofthi~ affidavit. .
Chetkif
Applicable
Convicted Vendor List
Suspended Vendor list
Discriminatory Vendor list
Federal Excluded Parties List
Vendor. Complaint List
FURTHER DECLARANT SAYETH NOT.
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this the 23rdday of...Jlc.::lU=l::.;:e:....... ____ " 20~, before me, the undersigned authority, personally
appeared Carlos Rey Valenti who is personally know to or who provided the
folloV'Lil'l~identific:ation and who took an oath or affirmed that that Ishefthey executed the
folf.egi;>ing!Affidavit as the Declarant. , ... ,_ .. -,.-, "'.
"" .,:,7·L;;:w~f~I:SS my hand and official seal.
•••• , •• '; ••• 1_' ,'"
, .. '. AVlL4
MV COMP.4IS$ION tI FF197MO
~Pl".8 ,~ 01, 201'
No
Giselle Avila
(Name of Notary Public: Print,
Stamp or type as commissioned.)
Page 24 of 75
RELATED PARTY TRANSACTION VERIFICATION FORM
Carlos Rey Valenti , individually and on behalf of A TF Builders, Inc.
("Firm") have Name of Representative CompanyNendorlEntity read the City of South Miami ("City")'s Code of Ethics,
Section 8A-1 of the City's Code of Ordinances and I hereby certify. under penalty of perjury that to the best of my
knowledge. information and belief:
(I) neith~r I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, the
City. and
(2) neither I nor any employees, officers. directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee ofthe 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
with the City, or with any person or agency acting for the city, other than as follows:
N/A
_ (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 publidy traded, the s~tement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami. or any of their immediate family
members (i.e., spouse, parents, children. brothers and sisters) has a financial interest. directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names: _____ ---"N':"/...,A-"'---:-____ ..,--_-:--'---:--_-:--'"7'"
(if necessary. use a separate sheet to supply additional Information that will not fit on this line; however. you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members. who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
N/A
(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 ("I) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege. benefit, or exemption for ourselves. or others. We agree that
we may not disclose or use information, not available to members of the general public. for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
Thomas F. Pepe
12114/2016
Page 25 of 75
(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 tlte City. and that we have not appeared in representation of any third party
before any board; commission or agency of the City within the past two years other than as
follows: N/A.... . .' . (if
necessary. use a separate sheet to Slipply 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:\PurchasiilgWendor Registration\l2.28.12 R.ELA TED pARTY TRANSACTION VERIFICATION FORM [3];docx
(7) Neither I nor ahy ~mployees. officers, or directors of the Firrn. nor ahY of their immediatefamlly(i~e'ias a
spous~, son, daughter, parent, brother or sister) is related by blood ,or marriage to:. (i) any member of t~e t:it;y
Comrnission;(ii) any city employee;.or(iii) any mem~er of any b~ard' or agency' of the City other thal:t.~' follows:
N/A .', . , (i(necessary, useaseparat~sheet):osupply·additlonal
information that will not fit on this line; however. you mu~,make.referel1ce, on the above line, to the additional
sheet and the additional sheet must be ,signed under oath)., .[whilet,he.ethicscode stl.ll :aPrllies, if ~e person
executing this form ,is doing soon. behalf of a firm whose stock· is 'pu~lidytraded, thestate,rnen1:in' this section (7)
shall be;based solely on ~he signatpry's,perscinal~no~ledgeand he/she is,not reCjuiredtoll:'\ake an'i!ldependel)t
inVeSti~ti~riasto the relationship by~ioodor marriage of ~mployees, ~fficers, qrditectors of the Firm, or of any
of,tJ;ei,,:immediate family tQ any appointed or elect;ed offiCials Of the qty, or totheirimlrlediate family m!'!mbers].
(8) NO, Other Firm, nor any officers, or, directors ofthat Otil¢rFirm or, ;lnyone who, has a financ/al interest greater
than 5,% in , that Other Flrm,r\or any memberofthosepersons' ill\llJe~iatidamily, (i.e., spouse. pare,:,~, !c::hi!dren,
brothersan,::fsi*rs), nor any of my' immediatefam,ily members (hereinafter. referred to as, "R.~I;ltedpar.~es;;)has
responded to a solicltationby the City in which Lpr the Firmthatl' represent or anyone who, has a ~na~cjal
interlflst greater thah, 5% in the. Firo1" o~ allY member oftho~e, p~rsolls' immediate family (i,e.spouse, parents,
children, brothers and sisters) have.ldso responded,other than the following: .
. " '. ~ ~
necessary. use a separate. sheet to supply additioiialJnformationtha,t 'vf,ill not: fifon this' line; however. yi;>u must:
make referE!hce; 'on.theabove line, to· the;lcfditionalsheet alld the .adaidonal sheet must J)e signed under oath).
[while the ethics code still applies, ihhep~rsone)(ecutingthisformisdojngso on behalf of afirm.whose.stock is
publicly :tra:ded;the statement in this ~ection (8)sh~1i be based solely on thesjgnatory~s person~i kn~wledge and
he/sheisnot required to make an independent investigation into the.Oth~r, Firm, or the Firm he/sherepreselJts, as
to theirofflcers. directors or. anyone having a finandal interest in those Firms or any of their any member of those
persons' Immediate family.]
(9) land the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
chimge in circumstances that would change our ahswers to this dO,l:ument. Specificaily, 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 vvho have also resp,onded 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 andlor any penalties allowed by law. Additionally. violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove aretrue a'nd correct to the best of my knowledge, information and belief.
'0/
Signature: .,;; C W~ ::sz:;
Print Name & Title: Carlos Rey Valenti I President
Date: hUle 23,2017
Thomas F. Pepe
12114/2016
Page 26 of7S
Sec. SA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation. subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city derk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the City.
(7) The term "compensation" shall refer to any money. gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership. directly or indirectly. of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person Included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
( I) The payment of taxes, special assessments or fees for services prOVided by the city government;
(2) The pUI·chase 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
12114/1016
Page 17 of7S
(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)( I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
( I) Officer, director. partner, of counsel. consultant, employee, fiduciary or beneficiary; or
(2) Stockholder. bondholder. debtor, or creditor. if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( 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.
(E) Gifts.
(I) Defmition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service. loan, travel, entertainment, hospitality, item or promise. or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e){ I) shall not apply to:
a. Political contributions specifi<:aUy authorized by state law;
b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6). or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity. any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken. or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)( I); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disdosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift, or
series of gifts from anyone person or entity. having a value In excess of $25.00. The disclosure shall be made by
filing a copy ofthe disclosure form required by chapter I 12, Florida Statutes. for "local
officers" with the city clerk Simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(I) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(l) 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) Exp'oitatlon of officio' position prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official pOSition, nor shall that person In fact ever disclose confidential information garnered or gained through an
Thomas F. Pepe
1211412016
Page 28 of7S
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
wO.uld impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city. except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental. occasional or
otherwise. where city time. eqUipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary. detrimental or adverse to the interest of the city or any of its departments and
the approval 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. PenalLy. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami-Dade County and. in addition shall be subject to dismissal by the appOinting
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person. firm. corporation or entity
other than the city, or any of its agencies or instrumentalities. shall file. under oath. an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly 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 or agency on which the person serves, either directly or through an associate. and make a
presentation on behalf of a third person with respect to any matter, license. contract, certificate. ruling. decision.
opinion. rate schedule. franchise. or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly. for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when fInancial Interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A finallcial 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)(l) 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
Thomas F. Pepe
12114/2016
Page 29 of 75
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 ofany
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)(l) through (6)] in connection with any judicial or other proceeding, application, Solicitation. RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever. whether direct or
indirect. Nothing contained In this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (c)(3) non-profit entities or educational institutions or entities. and who lobby on behalf of those entities in
their official capacities.
(3) The prOVisions, of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) In
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirecdy 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 BA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b}(l) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No 6-99-1680. § 2. 3-2-99)
Editor's note-Ord. No. 6-99-1680, § I, adopted 3-2-99. repealed §§ 8A-1 and BA-2 in their entirety and replaced
them with new §§
8A-1 and BA-2. Former §§ BA-I and 8A-2 pertained to declaration of policy and definitions. respectively, and
derived from Ord. No. 634. §§ I (lA-I), I (IA-2) adopted Jan. II, 1969_
Thomas F. Pepe
1211412016
Page 30 of75
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 regi~ter 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 Ii~ 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 b~fore any committee on behalf of an anyone unless he or she has been
listed as part ofthe firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, Carlos Rey Valenti, 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.
Carlos Rey Valenti President
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 regi~er 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.
Executed this 23rd day of.....p.!u ... ll=e'-____ ---', 20 17 .
65&r~ii4'
Signature of Representative
Carlos Rey Valenti I President
Print Name and Title
Thomas F. Pepe
12114/2016
ATF Builders, Inc.
Print name of entity being represented
END OF SECTION
Page 31 of7S
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i >,
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
~ 03/21/2017
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 CQNSTITUTEA 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, subjec~to
the terms and condHlons of the policy, certain pollclElS may require an endorsement, A statement on this certificate does not confer rights tc;t'the
certificate holder In lieu of such endorsement(s). '
PRODUCER ~2aI~cT Arlene Valenti ,
rllgNlo Exll: (305) 826-0224 I FAX rive,No,: (305}819-0062."
INSURANCE TO GO, INC ~"'t~ss: lisandra@instogous.com
2800 W 84TH ST, UNIT 7 INSURERIS) AFFORDING COVERAGE NAlC#
HIALEAH FL 33018-4922 INSURER A: UNITED SPECIAL TV INsURANCE RATED A 12537,
INSURED INSURER B: WESCO INSURANCE COMPANY 25011
IHSURERC:
ATF BUILDERS, INC INSURERD:
6625 MIAMI LAKES DRIVE EA~T, SUITE #427 IHSURERE:
MIAMI LAKES FL33018 INSURERF:
COVERAGES CERTIFICATE NUMBER REVISION NUMBER. , '
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI:)
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT ,OR OTHER DOCUMENT WITH RESPECT TO WHICH Ti-i.IS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCL.USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
"
11~.r: lYPE OF INSU~ANCE , INSD IWVD POUCV NUMBER .~~g1YWYl I(MMlDD~ UMJTS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,OOO~OOO
[J CLAIMS-MADE IZl OCCUR ~re'~~'ES'{Ea~~nce' S 50,000 -
' MED EXP (Anyone )lefSOIl) $ 5,000 -A N N SII1001A20014 11/03/2016 11103121>17 PERSONAL & ADV INJURV $ 1,000,000 r----s 2,000~000 GEN'L AGGREGATE UMIT APPLIES PER: GENERAtAGGREGATE
~ POllCV D ~C8i D LOC PRODUCTS· COMPIOP AGG $ 2,000,000
OTHER: S
AUTOMOBILE UABIUTY f=~trIN"'LE LIMIT $ 1,000,000 IX ANVAUTO BODILY INJURY (Per person) $ N/A
B ALL OWNED ~ SCHEDULED N N WPP151012600 11/19/2016 11/19/2017 BODll v INJURY (Per accidenl) $ N/A AUTOS AUTOS r---~ NON'()WNED F,ROPERTVRAMAGE $ N/A HIRED AUTOS AUTOS Per accident -,---
$
UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAIMs.MAOE AGGREGATE S
OED I I RETENTION S $
WORKERS COMPENSAll0N I ~~~UTE I I ~kH-AND EMPLOVERS' UABILIlY V/N
NN PROi>RIETORIPARTNERlEXECUTIVE 0 N/A E.l. EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE -EA EMPlOVEE S
g~~~~IfrI'~ ~({PERATIONS below E.L. DISEASE -POLlCV LIMIT $
DESCRIPTION OF OPERAll0NS I LOCAll0NS I VEHICLES (ACORD 101, Additional Remarl<s Schedule, may be attached H more space i,required)
As Provided for in section 320.02 (5) (E)Florida Statutes, The listed Insurance policy(S) or surely bond (S) may nol be canceled on less than 30 days written
notice by the insurer to the department of highway safety and motor vehicles .
.... GENERAL CONTRACTOR ....
CERTIFICATE HOLDER CANCELLATION
FAX: 305-666-4591 or via email building@southmiamifl.gov
City of South Miami SHOULD ANY OF TH!O ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
6130 Sunset Drive ACCORDANCE WITH THE POLICY PROVISIONS. '
South Miami FL 33143
ACORD 25 (2014/01)
"
.............. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
A~~ORD -' 03121/2017
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: Ifthe certfficate holder is an ADDITIONAL INSURED, the pOlicy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS
WAiveo, subject to the terms and condltlQlls of the policy. certain policies ma" require an endorsellHlnt. A statement on this certificate does not confer right. to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME:
PHONE (NC. No. Ex!): (800) 277·1620)(4800 IFAX INC. No): (727) 797-0704
FrankCrum Insurance Agency. Inc. E·MAIL ADDRESS:
100 South Missouri Avenue INSURER(SI AFFORDING COVERAGE NAIC#
Clearwater, FL 33756 INSURER A:. Frank Winston Cnam Insurance 11&00
INSURED INSURERB:
INSURERC:
FrankCrum UCJF ATF Builders Inc. INSURERD:
100 South Missouri Avenue INSURER E:
Clearwater. FL 33756 INSURERF:
COVERAGES CERTIFICATE NUMBER' 424849 REVISION NUMBER
THIS 15 TO CERTFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEeN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES D6SCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUctES. lIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIIAS.
INSR TYPE OF INSURANCE ADDL SUBR POlICY NUMBER POlICYEFF POUCYEXP LIIIITS LTR IIISRD WVD (IIM101lJV'tYY) (MIIJDDIYYYV)
COMME~ GEfl'ERN. W\8IUTY eAal~ S -=:J Cl.lllMs-M1\DE DOCCUR ~~.::.c..} s -IAEDEXP\Ally __ ' 5 -
PERSONAl. & /IlJV II/Jmv $ ,.--
GEN'l AGGREGATE LIMIT APPLIES PER: GENEIW. AGGREGIITE S
R~~Y o PROJECT DLOC PROIlUCTS-COMPOP AGG S
0lllER: $
~OMOBI\.E UASIUl'Y ~=ISlNGLELMT S
N!tY /lUTO BOOI.YII/JURY 1""'_) S r-OWNED AUTDS -SCHEDULED
ONLY AUTOS BOOLY INJURY (Poraccidenlt S -HIRED AUTOS I--NON-OWNED I=,PERTYDMIt\GE S -ONLY I--AUTOS ONLY ..-.
S
UMBRELLA UAB OCCUR EACH OCURRENCE S -~
EXCESSLU\B CLAIMS-MADE ilGGl<EGilTE S
OED I IRETENllONS S
WORKERSCOMPENSAl1ON AND WC201700000 0110112017 01/0112018 X I P£ftSTAWTe I 10TH-ER A EMPlQVERS'LIABLITY YIN
Nt'( PIlOPlllErOlWAR'T1ERIEXECU11IlE D NlA OFFICERIMEMBER EXCLUDED? E.L EACtiACCUHT $1.000000
(Mlndaloty In MH,
If yes, de&cribtt under E.L. DlSE/lse-e1l EMPLOYEE $1000000
DESCRIPTION OF OPERllTlDNS bclaw
E.L otSEllSE·POUCY UMIT .$.1000000
DESCRIPTION OF OPERATIONS I LOCAnONS I VEHIClES (ACORD 101, AddIUonal Remarks Scltedule, may be attached If more space Is required)
Effective 01/17/2017, coverage is for 100% of the employees of FrankCrum leased to ATF Builders Inc. (Client) for whom the client is reporting hours to
FrankCrum. Coverage is not extended to statutory employees.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
Ex'PIAA1l0N DATE THEREOF. NonCE WR.L BE DELIVERED IN ACCOR1)ANCE Wffii THE
POLICY PROVISIONS.
City of South Miami AUTHORIZED REPRESENTATIVE
6130 Sunset Drive ~:a:: South Miami, FL 33143
@1988-2016ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
THE CITY OF PLEASANT LIVING
ADDENDUM No. #1
Project Name: Van Smith Park Perimeter Fence Project
RFP NO. PR2017-12
Date: June 9,2017
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.
OUESTION #1:
What is the city's budget / estimate for this project?
RESPONSE:
The City has budgeted $20,000 for this project in the City's Adopted Budget for fiscal year
2017, Capital Improvement Program 5-Year Plan.
OUESTION #2:
Is the bid bond and Payment and Performance bond required for this project?
RESPONSE:
No, a Bid Bond or Payment and Performance Bonds are not required for this project.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
· Page lofl
THE CITY OF PLEASANT LIVING
ADDENDUM No. #2
Project Name: Van Smith Park Perimeter Fence Project
RFP NO. PR2017-12
Date: June 14,2017
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.
QUESTION #1:
I was wondering if we were going to be provided photographs of the debris that is needed to
be removed from the demolished home if that is part of our scope?
RESPONSE:
No, photographs are not available. The City encourages interested parties to visit the site.
QUESTION #2:
I went to the site via Google Earth and noticed there was heavy shrubbery along the South and
West property boundaries. Are we going to be required to clear and haul away any of that
shrubbery or does the fence line fall outside the shrubbery so that our scope is unaffected by
the vegetation?
RESPONSE:
Yes, if debris is located within the work area, the awarded Respondent is responsible for
removal and disposal of debris from the old home; a few concrete slabs, remaining stones, and
shrubbery along the south and west ends shall be removed in order to properly erect the new
fence system.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 ofl
Member Name
Bid Number
Bid Name
4 Document(s) found for this bid
12 Planholder(s) found.
176 Notified
Supplier Name
Carlson Fence Company
Condo Electric Industrial Supply,
Inc.
Construction Journal, Ltd.
Cunano Builders Corp
Daycoven Constructions LLC
ERM Net Config-SYS
GC Works Inc.
Genard & Associates, IIc
H & E CONSTRUCTION
COMPANY
Roof Painting by Hartzell
Situ Group LLC
Tropic Fence Inc.
City of South Miami
RFP-RFP #PR2017-12-0-2017/SK
Van Smith Park Perimeter Fence
Address 1
8491 NW 64th Street
3615 E. 10th Court
400 SW 7th Street
16259 sw 81 st
13035 SW 132 Avenue
12426 Midpointe Dr.
1801 SW 3RD AVENUE. SUITE 700
5201 Blue Lagoon Drive
1855 andromeda In
2301 nw 33rd Court, Suite 112
2761 Vista Parkway Ste E-9
1864 N.W. 21st Street
City
Miami
Hialeah
Stuart
Miami
Miami
Riverview
MIAMI
Miami
weston
Pompano
Beach
West Palm
Beach
Pompano
Beach
State Zip Phone Attributes
FL 33166 3055938590
FL 33013 3056915400
FL 34994 8007855165
FL 33193 7862583719
FL 33186 3052354340
1. Hispanic
Owned
2. Veteran
Owned
FL 33578 3212781453
1. Small
FL 33129 3052858303 Business
FL 33126 3052554650
FL 33327 9547092085
FL 33069 9549579761
FL 33411 5616821116
.L.""IC'"
Business
I.. woman
Owned
FL 33069 9549781250
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami·Dadi> County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned authority personally appeared
MARIA MESA. who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review
flkla Miami Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the allached copy of advertisement,
. being a Legal Advertisement of Notice in the mailer of
CITY OF SOUTH MIAMI-RFP #PR2017·12
in the XXXX Court,
was.published in said newspaper in the issues of
06/01/2017
Affiant further says that the said Miami Daily Business
Review is a newspaper published· at Miami, in said
Miami-Dade county, Florida and that the said .. newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
mailer at the post office in Mian;i in said Miami-Dade County;
Florida, for' a period of one year next. preceding the first
publication of the aHached copy of advertisement; and affiant
fu.rther says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for
publication in th
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I
612812017 Detail by Entity Name
Department of State I Division of Corporations I Search Records I Detail By Document Number I
Detail by Entity Name
Florida Profit Corporation
ATF BUILDERS INC.
Filing Information
Document Number
FEIIEIN Number
Date Filed
Effective Date
State
Status
Last Event
Event Date Flied
Event Effective Date
Principal Address
6625 MIAMI LAKES DRIVE
SUITE 427
MIAMI LAKES, FL 33014
Changed: 03/16/2016
Mailing Address
6625 MIAMI LAKES DRIVE
SUITE 427
MIAMI LAKES, FL 33014
Changed: 03/16/2016
P15000083195
47-5262120
10/08/2015
10/07/2015
FL
ACTIVE
AMENDMENT
07/05/2016
NONE
Registered Agent Name & Address
Valenti, Carlos Rey
6625 Miami Lakes Drive
SUITE 427
Miami Lakes, FL 33014
Name Changed: 03/16/2016
Address Changed: 03/16/2016
Officer/Director petail
Name & Address
Title President, CEO
http://search.sunblz.orgllnquiry/CorporationSearchlSearchResultDetail?inquirytype=EntilyName&directionType=lnitial&SearchNameOrder=ATFBUILDERSo/o2...1/2
612812017
VALENTI, CARLOS R
6625 MIAMI LAKES DRIVE
SUITE 427
MIAMI LAKES, FL 33014
Annual Reports
Report Year
2016
2017
Document Images·
Filed Date
03/16/2016
02/10/2017
Detail by Entity Name
02110/2017 -ANNUAL REPORTLI __ V_ie_w_i_m...;ag=-e_in_PD_F_fo_rm_a_t_-I
07/05/2016 Amendment View image in PDF format
03/16/2016 -ANNUAL REPORT View image in PDF format
10108/2015 -Domestic Profit View image in PDF formal
http://search,sunbiz,org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=ATFBUILDERS%2... 212
2017 FLQRIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P15000083195
Entity Name: ATF BUILDERS INC.
Current Principal Place of Business:
6625 MIAMI LAKES DRIVE
SUITE 427
MIAMI LAKES, FL 33014
Current Mailing Address:
6625 MIAMI LAKES DRIVE
SUITE 427
MIAMI LAKES, FL 33014 US
FEI Number: 47-5262120
Name and Address of Current Registered Agent:
VALENTI, CARLOS REY
6625 MIAMI LAKES DRIVE
SUITE 427
MIAMI LAKES, FL 33014 US
FILED
Feb 10, 2017
Secretary of State
CC81 02393628
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing Its registered omce or registered agent, or both, in the State of Florida.
SIGNATURE: CARLOS REYVALENTI
Electronic Signature of Registered Agent
Officer/Director Detail:
Title
Name
Address
PRESIDENT, CEO
VALENTI, CARLOS R
6625 MIAMI LAKES DRIVE
SUITE 427
City-State-Zip: MIAMI LAKES FL 33014
02110/2017
Date
I hereby certify thet the Information indicated on this report or supplemental report Is true and accurate and thaI my electronic signature shall heve the same legal effect as if made under
oath; thaI lam an offlcar or director of the corporetion or tha receiver or llUs/ee empowered to execute Ihis report 8S /Bquired by Chapter 607, Florida Slatutas; and thaI my name appears
above, or on an attachmant with al/ other like empowered.
SIGNATURE: CARLOS REY VALENTI PRESIDENT, CEO 02/10/2017
Electronic Signature of Signing Officer/Director Detail Date