Res No 049-18-15081RIESOlUTION NO.: 049-18-15081
A Resolution authorizing the City Manager to negotiate and ito enter into a contract with
Anjed Group Inc. for a new walk/jog asphalt path at South Miami Park and various other
asphalt and concrete projects at mUltiple City parks.
WHEREAS, through the City's Procurement Division, the Parks and Recreation Department
had submitted a Request for Proposal (RFP) #PR2018-03 on Friday, January 19, 2018 for a new
walk/jog asphalt path at South Miami Park and various other asphalt and concrete projects at
multiple city parks; and
WHEREAS, the City received seven (7) proposals on Thursday, February 22,2018. Based on
the Bid Opening Report and a review of the proposals, there were two (2) low bidders-Anjed Group,
Inc., and Metro Express, Inc-offering the same low price for the group of items identified in the RFP.
Therefore, the City requested a 41Best and final Offers" from the two lowest bidders; and
WHEREAS, two (2) sealed best and final offers were received by the 2:00 PM closing deadline
on Friday, March 2, 2018. Anjed Group, Inc. is the lowest and most responsive firm for this project.
NOW, THEREFORE, BIE n RESOLVED BY T~IE MAVOR AND CRnt' COMM!SS~ON OF THE CITV
OF SOUTH MIAMi, flORIDA THAT:
Section 1: The City Manager is authorized to negotiate and to enter into a contract for an
amount not to exceed $77,675 with Anjed Group Inc. for a new walk/jog asphalt path at South Miami
Park and various other asphalt and concrete projects at multiple city parks pertaining to RFP
#PR2018-03. The City Manager is also authorized to expend an additional $5,000 over the proposal
amount of $77,675 for unknown factors that may arise during the work.
Section 2: The total expenditure shall be charged to the Parks and Recreation Capital
Improvement account number 301-2000-572-6450, which has a balance of $612,942 before this
request was made.
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this resolution.
Section 4: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 20th day of March ,2018
f
READ AND APP~ED A~ ~~RM
LANGU,...~G .. -~'. ALITY ~»ID E~SC:UTION
THERE~,?' ! ~;' .. _"----_
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COMMISSION VOTE: 4-1
Mayor Stoddard Yea
Vice Mayor Harris Yea
Commissioner Gil Yea
Commissioner Liebman Yea
Commissioner Welsh Nay
1111 Cl I Y ()fI'UNi,,\NT LI \IN(;
To:
FROM:
Via:
DATE :
SUBJECT:
BACKGROUND:
CITY O F SOUTH MIAMI
OFFICE OF THE CITY MANAG ER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Mem~ers of the City Commission
Steven Alexander, City Manager
Q!Jentin Pough, Director of Parks & Recreation ()
March 20, 2018 Agenda Item NO.:~
A Resolution authorizing the City Manager to negotiate and to enter into
a contract with Anjed Group Inc. for a new walk/jog asphalt path a.t South
Miami Park and various other asphalt and concrete p'rojects at multiple
city parks.
Through the City's Procurement Division , the Parks and Recreati,on
Department had solicited proposals for a new walk/jog asphalt path at
South Miami Park and various other asphalt and concrete projects at
multiple city parks. The first project entails a 6' feet wide asphalt path-
approximate ave((;:tge length 2372 LF and area 1583 SY-along the
perimeter of the multipurpose field at South Miami Park. The purpose of
this project is to make our community more livable and provide
opportunities for physical activity to improve fitness and mental health.
The second project involves repair and installat ion of 144 square feet (SF)
of 6" inch c,oncrete slab on grade (3,000 psi) underneath an existing
gazebo located at Brewer Park. The purpose of this project is to establish
a safe and presentable area for park-goers to picnic at the park.
Tllr: CII\ !II I'LTA"":"I UVIN(.
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The third project entails the installation of a new 6' ft. bench, affixed to a
reinforced concrete pad-approximately 28 SF-within the city's public
right-of-way on SW 42 nd Terrace and SW 62 nd Court. The purpose of this
project is to create a convenient and comfortable place for perSl:>ns to sit
after a casual stroll or jog.
The final project encompasses the installation of a new asph "alt pathway,
approximately 150 SF and repair and repave of the existing asphalt
pathway with hot asphalt overlay. The existing asphalt pathway is
approximately 260 liner feet by 45 feet Wide (1,170 SF), located 01) the
northwest corner of Dante Fascell Park (8700 SW 57 Ave) parallel to
Southwest 58 Avenue.
The City submitted a Request for Proposal (RFP) #PR2018-03 on Friday,
January 19, 2018 for "Various Asphalt & Concrete Projects at City Parks."
The City received seven (7) proposals on Thursday, February 22, 2018.
Based on the Bid Opening Report and a review of the proposals, there
were two (2) low bidders-Anjed Group, Inc., and Metro Express, Inc-
offering the same low price for the group of items identified in the
RFP. Therefore, the City had re "quested IIBest and Final Offers" from the
two (2) lowest bidders.
Two (2) sealed best and final offers were received by the 2:00 PM closing
deadline on Friday, March 2, 2018. Anjed Group, Inc . is the lowest and
most responsive firm for this project.
Till lin or I'LrAS:\0. T lI VIN(;
VENDORS &
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
BID AMOUNT: Please' find below a breakdown of all submitted proposals.
VENDORS AMOUNT
ANJED GROUP INC. $82,000./
METRO EXPRESS INC $82,000./
MAGGOLC INC $88,800
CUNANO BUILDERS CORP $92,428
WAYPOINTCONTRACTING INC $140,207
R.P. UTILITY & EXCAVATION CORP $143,560
QUALITY PAVING CORP $208,207
BEST & FINAL OFFER: "Best and Final Offers" from the two lowest and most responsive bidders.
FUI'm &
ACCOUNT:
ATTACHMENTS:
VENDORS AMOUNT
ANJED GROUP INC. $77,675./
METRO EXPRESS INC $7~,950
Amount not to exceed $77,675. To account for any unknown factors that
may arise, a $5,000 contingency over the proposal of $77,675 is
req uested.
The total expenditure shall be charged to the Parks and Recreation Capital
Improv~ment account number 301-2000-572-6450, which has a balance
of $612,942 before this request was made.
Resolution
Pre-Bid Conference Sign-In Sheet
Best and Final Offers
Bid Opening Report
Proposal Summary
Sun Biz -Anjed Group Inc.
Demand Star Results
RFP Advertisement
Date:
RFP Title:
RFP No.:
11
soutOOiami
THE CITY OF.I'I.EASANT LIVING
Pre-Bid Conference
Sign-In Sheet
Various Asphalt '&. c.()I;1 ~r.~teProjects at .
. CitY :~ • .tkS: .. ··
piUoi8~O~·.···:.· .. · •.. ····
X:\Purchasing\Request for Proposals & Qualification (RFPs)\20 18 Parks Various Asphalt and Concrete Projects\Pre -bid\Pre -B id Meeting
RFP PR20 18-03 2.2.18.doc
BID OPENING REPORT
Bids were opened on: Friday, March 02, 2018 . after:. ·~:OQpm .
For: BE~T & FINAL OFFERS ~ RFP ## PR 2018-03 Various AsuhalflColicrete Proj @
~h~ . . .
COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT:
. .'.: "" ... ~
1. ANJED GROUP INC........................................ .............. .~ 11,~($. 00
2. METRO ExPRESS INC................................................... llL~,qSD.liD
'", ','
THE ABOVE BIDS HAVE NOT BEEN CH;ECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFI'ER THE BIDS HAVE BEEN COMPLETELY REVIEWED.
City"""" b c. .P~~ _t N. tf-J .
Witness: J-I-evJL ~ (
PrintN.... ~
Withess: 60 hn Coe~
Print Name
Si . atlJ
Ifff7 -
BEST A~D FINAL OFFERS
VARIOUS ASPHALT Be CON~RETE PROJECTS AT CITY PARKS
RFP PKlOI8-0]
NOTE: bUMP SOM QUOTES,ABEIN'ACCORDANCE WITH EXHIBIT I, SCOPI;
, OfIERytCeS, AnA,HMENTS A',.
PROJECTS I)ESCRIPTION LUMP'SUM QUO~E
,,'
RJRNISH. SUPPlY & INSTALL 6'
$4870' D.! PROJECT A ,WIDEASPHAI,.T:PATH, AT SOUTH ", P,
MIAMI PARK
FURNISH. SUPPlY & INSTALL 1#
$ (O,I:IOO.!! PROJECT 8 sf of 6" CONCRETE SlAB AT
BREwEP. PA!\K
, "
INSTALL CITY PROVIDED 6' . . .' . . . ,
PROjECTC BENCH ON REINFORCED $ 4,' 25. II! C6N~!\ETE PAD AT:'SW 42
TeAAACE Be 62 COURT,
IN,STAi.LAnQN OF NEW
ASHPALT PATHWAY AND REPAIR 110
PROJECTD AND REPAVING OF EXISTING $ '3,'50.-
PATHWAY
TOTAL LU .... P SUM QUO'tE $ 77 I 1,,1$". '!!
SU8MlrrED THIS 0'2.. DAY OF N\~A.c.\1. 20'-1.J1 Y>L--_
PROPOSAL SUBMITTED BY:
"
M~ A brDu~ ,\-n.c.. _~~O~~_-~l.'l...!..'!.--.....!.C(~...l!..:\!L:~:----' ____ _
Company. Telephone Number
Email Address
Tltle
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I
t ~
1\ r
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I'
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!
I ,
!:
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BEST AND FINAL OFFERS
VARIOUS ASPHALT &: CONCRETE PROJECTS AT CITY PARKS
RFP PR2018·0l
NOTE: LUMP SUM OUOTES ARE IN ACCORDANCE WITH EXHIBIT I, SCOPE
OF SERVICES. ATTACHMENTS A & B. . .
PROJECTS DESCRIPTION
FURNISH. SUPPLY & INSTALL 6'
PROJECT A WIDE ASPHAL. T PATH AT SOUTH
MIAMI PARK
FURNISH, SUPPLY & INSTALL 1-4-4
PROJECTB sf of 6" CONCRETE SLAB AT
BREWER PARK
INSTAll CITY PROVIDED 6'
PROJECTC BENCH ON R8NFORCED
CONCRETE PAD AT SW 42
TERRACE & 62 COURT
INSTALLATION OF NEW
PROJECTD ASHPALT PATHWAY AND REPAIR
AND REPAVING OF EXISTING
PATHWAY
TOTAL LUMP SUM QUOTE
SUBMITIEDTHIS DAY OF 'lc,
PROPOSAlSUBMITIED BY:
~\ro ~'tprU1 ~. .
Name of Person Authorized to Su bmlt Proposal
~).." a. (:.~
Signa ure
Title
LUMP SUM QUOTE
$ S 'l.,QQa. QL!)
$ C:;-i'\ 5"0 . D~
$ '\O()il.Q"
$ \').,\)00.0:;
$ \~, ~S:Q 00
20 1 V'
Telephone Number
~ 0 s--YVS-· ~'3 "':l..."
Fax Number
1).;. \; o@., ~,...:> e 't -peg, S C. rl'" eo c...0!"\
Email Address
BID OPENING REPORT
Bids were opened on: Thursday. Fegruary 22. 2018, . . . i::' after: lOiOOam.
For: RFP ## PR 2018-03 Various NphaltlConcre~e'Prot@C!tV Parks' .:: -,:.: ..... .
-,,',: .
COM:pA,NIES THAT SUBMITTED PRO).JOSALS:
, .' <lib. ~~IJ ItJ tJ() < '
1. ANJED GROUP INC ... : ..........................•...... ," ............. ,.,. . ~1!6, . O' 1" .' t -.:
2. CUNANO BmLDERS CORP........................................ .... '1'2, 1{:iS: 0:E
0... ~'.'I' '0..'1' A, _()o .. ' " ' 3. MAGGOLC INC ................................................ "... .......... 0 0·· .. 0'" (,I.
'. ~:4,' OA/).,'~ 4. METR.O EXPRESS INC.......................................... .......... 0 0( v
5. QUALIlYPAVING CORP................................................ / J./·31 ~,~, f!JJ.
6. R.P. UTILITY & EXCAVATION CORP..................... ...... .... ~,I)?; tJ ~ ", C1~
7. WAYPOINTCONTRACTING INC...................................... / up ~tJ7. 1)0 , ~. I I
, THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFrER THE BIDS "AVE BEEN COMPLETELY REVIEWED.
City Clerk:~-:-"""~_I-+---+L-U.~~ .......... _
Witness:
~~~----------------Print Name Signature
PROPOSAL SUBMITTAL CHECKLIST FORM
VARIOUS ASPHALT &: CONCRETE PROJECTS AT CITY PARKS
RFP PR2018.o3
This chedcJist Indicates the forms and documents required to be submitted fo .. this sollclcadon and to be presented
by th .. deadline set for within the solicitation. Fulfillment of all soficil:ation requirements listed Is man~tc;»1Y for
col)Slderation of response to the soliclQtlon. Additional cfocumem may be required and, If so. they will be identifted
In an addendum to this SoIidtation. The response shall Include the foRowi.., Items:
At! 1(1-',err"~ I'HI Od,I', 0, ''''''lift' dc"_,,bcd b,l"w _ <. IlC (!{
t() 11\ C~Hnpl, ted r-
If r·1ARKED WITH AN ' X" '--'''''Ill, 1("
Proposal Plckage shall e,oilsist of one (I) o~naI unbound
X proposaf, three (3) additional copies and one (I) cfl&ital (or ~ comparable medium lndudl.., Flash "Qrlve. DVD or CD) copy
X indemnification and Insuranc~ Documents EXHI8" 2 v'
X Construcdon Bld Fonn. EXHI81T J V
X Respondenis Cost and Technical Proposat EXHIBIT 4
.;
X Slined Contract Documents (Ail-IncludIng General Conditions V tT&b) and Supplementary Condidons if auached) fJCHlBrr S, 6. • 7
X Performance and PllO'8"t Bonds (As a Canclldan Award. Not ",~. required with Subml., EXHIBIT I. ,
X Respondents Qualification Statement V
X list of Proposed SubcontraCtors and Principal Suppliers V
X Non-Cotluslon Affidavit tI
X Public: Entity Crimes and ConflIcts of Interest v'
X Drug Free Workplace v'
X Acknowledgement of Conformance with OSHA Standards .;
X Afl'klavlt Concernln, Federal & State Vendor Usdpgs .;
X Related Part)' Transaction Verification Fonn .;
X Presentation Team Declaration/Affidavit of Representation (
Submit this cheddist along with your proposal indicating the completion and submission of each required forms
and/or dQCUments.
Thoma F. Pepe
IVl4l2016
14
Thomas F. Pepe
12/1412016
END OF SECTION
15
EXHIBIT 2
VARIOUS ASPHALT & CONCRETE PROJECTS AT CITY PARkS
aFpi" PR20 1 8.03
Insurance" Indemnification Requirements
Inwrance
A. Without IImitine Its liability. the contractor. consultant or consulting firm (hereinafter referred to as
"FIRM" with reprd to Insurance and Indemnification requirementS) shall be ~Ired to procure and
maintilln at Its own expense during the hie of the Contract, Insurance of the types and In the minimum
amounts srated befow IS will protect the FIRM. from claims which may arise out of or result from the
contract: or the performance of the contraCt with the City of South MlamL whether such claim Is against
the FIltH or any sulJ..con~, or by anyone directly or indlrectfy employed by any of chem or by
anyone for whose acts any of them may be liable.
R. No insurance required by me CITY shan be issued or written by a surplus lines carrier unless authorized
In writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase lnsunnce from and shall maintain the Insurance"wlth a company or companies
lawfully authorized to sell Insurance In the State of florida. on forms approved by the State of Rorida. as
wdl proteCt the FIRM, at a minimum. from aU dalms as set fon:h below which may arise out of or result
(rom the fiRM's operations under .the Contract and for which the FIRM may be legally liable. whether
such operadons be by the fiRM or by a SUbcomraaor or by anyone dlrecdy or Indirectly employed by
any of them, or by anyone (or whose acts any of them may be Iiabfe: (a) claims under workers'
compensation. dlsabUlty benefit and other similar employee beneftt acts which are appbcable to the Work
to be performed: (Is) dalmdor daJna&es because of badDy Injury, OCQIpational sickness or disease, or
death of the ARM's employees; (e) claims for cia ..... because of baddy Injury. sickness or disease. or
death of any person other than th. FIRM's employees; (d) claims for damages insured by usual personal
infury liability coverage: (e) claims for damages, od1er than to d1e Work ~ beQuse of injury to or
destruction of tan&ibIe property. including loss of use resuItinI there from: (f) claims for damaps because
of bodily injury. death of a person or property damage arising out of ownership. maintenance or usa of a
motor vehicle: (g) daIms for bodily Injury or property cfama&e amine out of completed operations; and
(h) claims involving conuactuaI liability Insurance applicable to the FIRM's obIlpdons under the Canna.
flmislnsunnce GanerallJ. The ARM shall provtde and mainraln in force and effect until an the Work to be
performed under this Contr'act has been completed and accepted by CITY (or for such duration as Is otherwise
specified hereinafter), the insurance coverage written on Aorlda approved forms and IS set forth below!
Warken' CompaDIatjgn 'DlllRllCII at the statutory amount as to all employees in compliance with the
"Workers' Compenatlon Law· of the State of Florida Including Chapter +40, florida StatuteS, as presently written
or hereafter amended, and an applicable rederallaws. In addition. the poiie)' (ies) must indude: Employers' Uabifity
at the $tItutory coverage amount. The FIRM shall further Insure that all of its SubcontractorS maintain appropriate
levels of Worker's Compensation Insurance.
Commercial COm ........ nsjya Gg'raI UabilitJ insurance with broad fonn endonement. as well as
automobile lability. compfeted operations and products liability, contnctualliabllity, severability of Interest with
cross l1ablity provision, and personaf Injury and property damage liabdity with limits of $1.000,000 combined sfngle
limit per occUrrence and $2.000,000 agregate. indudlng:
• PersonalJnjury: $1,000.000:
• Medicallnsuranca: $5.000 per person: .
• Property Damage: $soo.ooo each occurrence;
Umbrella Cgmmerdaf Co.reb.,n Genenl UabilitJ Insurance shall be written on a Florida approved
fonn with the same coverage as the primary Insurance policy but In the amount of $1.000.000 per dalm and
$2.000,000 Annual Agregate. Coveraae must be afforded on a fonn no more restrictive than the latest edition of
the ComprehensIVe General Uablllty policy, without restrictive endorsements. as med by the Insurance Sertlces
Office. and must Include:
(a) Premises and Operation
Thomas F. Pepe
1211412016 so
(b) Independent Contra~
(e) ProductS andlor Completed Operations Hazard
(d) explosion. Collapse and Underground Hazard Coverage
(e) Broad Form Property Damqe
(I) Broad Fonn Contractual Coverage applicable to this specific Contract, including any hold hannless
and/or indemnlftcation agreement.
(g) Penonallnjury Coverage with Employee and Contractual Exclusions removed. with minimum limits of
coverage eq~a1 to those required for Bodily Injury Liability and Property Damage UablDty.
bllo,lS Autqmob'la LiabllltJ With minimum limits of One Million Dollars ($1.000.000.00) plus an additional
One Minion Dollar ($1.000.000.00) umbrella per occurrence combined single limit for Bodily Injury Uablhty and
Property Damage Uability. Umbrella coverage must be afforded on a form no more restrictive than the latest
edition of the-Business Automobile Liability ponty. without restricdve endorsements, as filed by with the state of
Florida. and must include:
<a) Owned Vehicles.
(b) Hired and Non-OwnedVehlcies
(c) Employers' Non-Ownership
SUbCODtrac:t.I: The FIRM agrees that if any part of the Work under the Contract is sublet. the subcontract shall
contain the same Insurante prOvision as set fo~ In these Insurance and indemnlftcatlon requirements, other than
the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word ARM where
applicable.
Fa and Extancled Coverap Insuranc;e (Builders· Risld. IF APPLICABLE;
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY. -Broad-form/All
Risk Insurance on bulldinas and Structures. including Vandalism &.Matlclous MIschief coverage, while in the
course of con$trUCdon. indudlng foundations. additions, attachments and all permanent fIXtures be!onglng
to and constituting a part of said buildings or strUctures. The policy or polldes shall also covet
machinery. if the east of machinery Is included in the Contract. or if the machinery is located In a-building
that is being renovated by reason of this contract. The amount of Insurance must, at all times. be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as theIr interest may apPear, and shan also cover the interests of aU
SubcontractOr$ performing Work.
B. All of the provisIons set forth In the Misc~llaneous section below shall apply to this coverage unless it
would be dearly not applicable.
Miscellaneous:
A. If any notice of cancelladon of Insurance or change In coverage is ISlUed by the insurance company or
should any Insurance have an expiration date that wiD occur during the period of this contract, the ARM
shall be responsibfe for securing other acceptable Insurance prior to such cancellation. change, or
expiration $0 as to provide continuous coverage as specified In this section and so as to maintain
coverage during the life of this Contract.
8. All deduc:tibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, ekher the FIRM shall eliminate or reduce such deductible or the ARM shall procure a Bond. in a
form satisfactory to the CITY covering the same.
C. The pohdes shall contain waiver of subrogation against CITY where applicable. shall expressly provide
that such panty or policies are primary over any other tollectible Insurance that aTY may have. The
CITY reserves the rf&ht at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as wei as contrac.tualliabllity proViSion covering the Contractors duty to indemnify
the Oty as provided In this Agreement.
D. Before Starting the Work. the FIRM shall deliver to the CITY and CONSULTANT certlflc.ates of such
Insurance, acceptable to the CITY, as well as the Insurance binder. if one is issued. the insurance polley.
including the declaration page and all applicable endorsements and provide the name. address and
telephone nurrber of the Insurance agent or broker through whom the policy was obtained. The Insurer
shall be rated AVII or better per A.M. Best's Key Rating Guide. lateSt edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY. at its sole discretion. to provide a "certified copy" of the
Polley (as defined in Article I of this document) which shall include the declaration page and all required
Thom .. F. Pepe
1211412016
51
endorsements. In addition, the FIRM mall deliver, at the dmll of delivery of the Insurance certificate, the
foUowing endorsements:
(I) a policy provision or an endorsement wim substantially similar provisions as follows:
"The City of South Miami Is an additional Insured. The Insurer shall pay all sums that me City of
South Miami becomes lepJly obligated to pay as damages because of 'bodily In;ury". 'property
damage', or "personal and advertlslng InjUry" and it will provide to me City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coven,e Bot;
(2) a policy proviSion or an endorsement with SUbstantially similar provisions as follows:
"This peRcy shall not be cancelled Qnduding cancellation for non~payment of premium),
tennlnated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the Intent to materially modify the policy or to cancel or terminate
the poliCy for any reason. The nodficadon shall be delivered to the City by certlfled mai~ with
proof of delivery to the City." .
E. If the FIRM Is prOviding professional services. such as would be provided by an architect. engineer.
attorney, or accountant, to name a few, then In. such event and in addition to the above requirements,
the FIRM shall also provide Professional Uabillty Insurance on a florida approved form In the amount of
$1,000,000 with deductible per dalm If any, not to exceed 5% of the limit of lIabinty providing for all
sums w!1lch the fiRM shall become legally obligated to pay as damages for daims ariSing out of the
seryjces or work performed by the FIRM its agents. repreftlltatives, Sub ContractOrs or assigns, or by
any person employed or retained by him In connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction ~d acceptance of any Project covered by
this Agreement. However, the RRM may purchase Specific Pro;ect Professional Liability I~surance. In the
amount and under the terms specified above. which Is also acceptable. No insurance shall be Issued by a
surplus lines carrier unless authorized in writing by the dty at dle City'S sole, absolute and unfettered
discretion.
Indemnification Requirement
A. The ContraCtor acceptS and voluntarily incurs all risks of any inJuries, damages, or harm which might
arise during the work or event that Is occurring on the crrrs property due to the negligence or other fault of the
Contractor or anyone acting throuah or on behalf of dle Contractor.
B. The Contractor shall indemnify, defend. save and hold CITY, Its officers. affiliates. employees,
successors and assigns. harmless from any and all damages. claims. liability, losses. daims. demands. suits, fines.
Judgments or cost and expenses. Including reasonable attorney's fees, panlegal fees and Investigative costs
Incldemal dlere to and Incurred prior to, during or follOWing any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against. charged to or recoverable from the City of South
Miami. itS officers. af6liates. employees. successors and assigns. by reason of any causes of actions or daim of any
kind or nature. Inc/udlng dalms for Injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omisSion, misconduct, or any gross negligence. Intentional act or harmful
cooduct of me ContractOr. Its contraCtor/subcontractor or any of their officers, directors, agents. representatives,
employees, or assigns. or anyone acting through or on behalf of any of them. arising out of this Asreement.
Inddent to it, or resaddng from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all daims. losses and expenses of any kind or nature whatsoeVer, in
connection therewith. induding the expense or loss of the OTY and/or Its affected officers. affiliates. employees,
successors and assigns. Including dleir attorney's fees, In the defense of any lction In law or eqUity brought against
them and arising from the negligent error. omission, or act of the Contractor. its Sub-Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of. or Incident to, this Agreement, or inddent to
or resulting from me performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor Its officers. affiliates. employees.
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, Its
contractor/subcontractor or any of their agents, representatives, employees. or assigns, or anyone acting through
or on behalf of the them. and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing. approving or rejecting any submissions or acts of the Contractor. CITY in no way assumes
Thomas F. Pep.
1211412116
52
or share~ responslbdlt)' or habJlIt)' for the acts or omissions of die Contractor. Its contractor/subcontractor or any
of their agents. representatJves. employees. or assigns. or anyone acting throuah or on behaff of chem.
E. The Contractor has' the duty to provide a defense with an attOrne)' or law firm approved by the City
of South MiamI. which appnwat will noc: be unreasonably withheld.
F. However, as to design professional contraccs. and punuaht to s.aton 725.08 (I), Flortda Statutes.
none of the provisions set forth herein above that are In conflict with this subparagraph shall apply and this
subparagraph shall Set forth the sole responsibility fA the des1p professional concerninc itlcfemniftcadon. Thus,
the design professional's obliptions as to the CIty and its agencies. as weD as to its olllcen and employees, Is to
Indemnify and hold them harmless from babilities, damaps, losses. and costs. indudlng, but not limited to.
reasonable attorneys' fees, to the extent caused by the negligenl;8, recidessnesB, or Intentionally wrongful
conduct of the design professlonaJ and other persons ~Ioyed or utilized by the deli", professional in the
performance of the contract.
Thomas F. Pepe
1211412016
END OF SECTION
53
EXHIBITl
VARIOUS ASPHALT Ie CONCRETE PROJECTS AT CITY PARKS
RFP PRlO 18.0]
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
CO NSTR,UCTI ON
BID FORM
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 perfonn and fumlsh all work as specified
or indicated In this Solicitation. Indudlng as set font. in Exhibit 1 (Scope of Services. Attachment A
Ie B for the Proposed PrIce as set forth below, wittlin the Contract Time and In accordance wich che other
terms and conditions of the Solicitation Package.
2. Respondent accepts III of the terms and conditlons of the SoUdtadon and Inscrualons to Respondents.
Including without limitation those deaU." with the disposition of ProposaJlBld 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 aU of the tenns and conditions of the
form of contract thlC is a part of the Sondtatlon package with appropriate changes to confonn to the
Information contained in this Bid Form. Respondent avees to sign and submit the Bonds. if required by
thIs Solicitation. required insurance documentS, and other documents required by the Sotidcadon,
Including the Contract if not already submitted. within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting thls Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda. If any
(receipt of all ~ich Is hereby acknowledged.)
Addendum No. \ Dated:
b. Respondent has familiarized himself with the nature and extent of the Contra~ 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 Solickatfon, the Respondent represents dlac
I. Respondent has studied carefully all reports and drawings. if applicable, of subsurface conditions and
drawings of physical condldons.
11. Respondent has obtained and carefully studied (or assumes responsibility for olnlnlng and carefully
studying) all such examfnatlons, investigations, explorations, tests and swaleS 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, If awarded the contract, shall not be entlcled 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.
ThamasF.Pepe
1211412116
Iv. Respondent has reviewed and ch.ecked all information and data shown or indicated in the Solicitation
Package or in the Contract Documents with respect to existing Underground Facifltles or conditions
at or contiguous to the site and assumes responsibility for the accurate location of all Underaround
Facilities and conditiol'ls that may affect the Work. No additional eXamtnations, 1nvestJ,ga'dons,
explorations. cests. 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 die Contract Time and In accordance with the otfter terms and conditions of
the Contract Documents unJess the Proposal specltlcally states that the contract price Is subject to
adjustment for future discovery of underground facilities and/or conditions that afeet the cost of the
Work and unless the respondent ~s 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. erran or' discrepancies that it has disc~red
In the Contract .Dcxumenc and. if any conflicts. errars or dIScrepancies have been found and notice
given. the Respondent represents. by submitting its proposal to the City. that the Re!pondent has
received suffident 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 Ptoposalls genuine and not made In the Interest of or on behalf of any undisclosed person. flrm or
corporation and Ii not SUbmitted pursuant 1:0 any ~ent or rules of any JrOup, association,
organization. or corporation: Respot:'~ent has not directly or ind"nctIy Induced or SQIIdted any other
Respondent to submit a false or sham Proposal: Respondent has not solicited or Induced any person. firm
or corporadon to refrain from responding; and Respondent has not sought by collusion or otherwise to
obJaln for itself any advantage over any other Respondent or over the crrY.
4. Respondent tmderstands and agrees thaI: the Contract Price Is the amount that it needs to furnish and Install
all of the Work complete 8f\d in~. The Schedule of Values, If ~uired, is provided for the purpose of
Proposal evaluation and when Initiated by the. CITY. It shaH form the basis for calculating the pricing of
cban&e on/ers. The Contract Price shall not be adjusted in any way so as to result In a deviation from the
Schedule ofValueJ, 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, superl~dence and
services necessary to provide a complete, In place, Project for the Proposal Price. If this Solicitation requires
the compledon of a Respondents Cost and Technical Proposal, EXHBIT .. as may be set forth in in
an ~bit to this Solicitation, such proposal must be attached to this Construction Bid Fonn and
will take the place 01 the lump Sum Price, otherwise, the Contract Price for the completed
work Is as f'oIlows:
LUMP SUM BASE PRICE: ~ ,~~\-+"'~ '"''''~l''cl dollars and "t 0 cents
AlternateS: #1 " lk #2,--~t'~'~~. _______ _
A fee breakdown for each task included In the lump sum contraCt price. if applicable. must be provided.
Failure to provide this In format/on sftaIl render the proposal non-responsive.
5. The ENTIRE WORK for all three projecb shall be completed. In full. within 9Q calendar dlJl 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: ~\l\ )~ ~ (,VU2 t h,t·
Address: \0\0\ !ow 'l,S uy
Telephone: ~ot-,:\"\-"!,,
Facsimile:
ContaCt Person M.. ~"..",~~ b~\Sl\l\,n:
Thomas F. Pepe
IZII 41101 6
S5
7. The terms used In this Proposal which are defined in the Contract shall have the same meanlngas Is assigned
to them In the Contract Documents, unless specifically defined In this Solicitation Package.
8. If a Respondent" Cost. Technical Proposal, EXHIBIT 415 required by the Solicitation. Respondent
hereby certifies that all. of the facts and responses to the questions posed In the Cost Ie Technical Proposal.
If such an exhibit Is made a part of the Solldration, are true and correct and are hereby adopted as part of
this Construction Bid Form, and are made a part of this proposal, by reference.
9. By submitting this proposal, I. on behaJf of the business that I represent. hereby agree to the terms of the
form of contraa contained 1n the Solldtatlon package and I agree ~ be bound by those terms, with any
appropriate blank boxes, if any. checked and any blank lines filled in with the appropriate Information
contained in the Solicitation Documents and this Proposa~ or such Information that the City and I have
agreed upon In the course of contract negotiations and which have been confirmed by the City in writing.
including eomaH confirmation, If any. I hareby cenif'y under penalty of perjury that I am the lawful
representative of dte business entity referenced in this BId Form. that I.have authority to bid fQr that entity.
that I have authority to sign contracts for that entity and bind It to those contract terms and that aU of the
Information and representations contained herein are true and correct co the best of my knowledge.
information and belief.
SUBMITTED THIS
rrtle
Thomu F. Pepe
11114'1016
1..'L DAY OF f o,Nav ,,\
loS -t.'\1-4f'3
Telephone Number -
email Address
END OF SECTION
56
EXHIBIT 4
RESPONDENTS COST AND TECHNICAL PROPOSAL
VARIOUS ASPHALT & CONCRETE PROJECTS AT CITY PARKS
RFP PR20 I 8.03
NOTE: LU"P SUM OUOTES ARE IN ACCORDANCE WITH EXHIBIT I. SCOPE
. OF SERVICES, ATIACHMENTS A. I.
PROJECTS DESCRIPTION LUMP SUM QUOTE
PROJECT A FURNISH, SUPPlY & INSTALL 6' $ q~I~OO.o.!
WIDE ASPHALT PATH AT
SOUTH MIAMI PARK
PROJECTB FURNISH, SUPPLY & INSTALL 1+1 $ "1100. °2 sf of 68 CONCRETE SLAB AT
BREWER PARK
INSTAlL CITY PROVIDED 6'
PROJECTC BENCH ON REINFORCED fo 0 0
CONCRETE PAD AT SW 42 $1 100 . -
TERRACE & 62 COURT
INSTALLATION OF NEW
PROJECTD ASHPALT PATHWAY AND ~ 0'
REPAIR AND REPAVING OF
$ \ 1,,10.-
EXISTING PATHWAY
TOTAL LUMP SUM QUOTE $ i1..,ooo.O!
SUBMITTED THIS "}.. 'l,; DAY OF _~ t""-'o_'(...:v_Q.=--'''t+-____ 20 \t .
"
Thomas P, Pepe
1211412016
57
Telephone Number -
Email Address
EXHDlaOT §
CONSTRUCTION CONlTIJtACT
VARICUS ASPMAIL T " CONCRETE PROlllECTS AT con PARKS
IltFP fRao 18-03
THIS CONTRACT was made and entered into on this 6)g~ day of [I/\OJ( b· . 20Ji.
by and between ANlJED GROUP, INC., (hereafter referred to as "Contractor". and the City of South Miami
(hereafter referred to as "Ownerj. through its City Manager (hereafter referred to as "Cityj.
waTNIESIETH:
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 ocher items necessary to perform aD of the work shown on and described in the CoritraCt 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 manuaJ. 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 th~$e 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
~n. .
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 s~1 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:
SEV!ENTY SEVEN THOUSAND AND SIX HlINDBED AND SEVENn'-FOVE [P)O!lan ($71.615. QQ)
(SpaII1)oIIar Amaunt above) ("Contract Price',.
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 perfonned after regular wortdng hours. In such event, the Respondent shall have no right to additional
compensation for such work. However, nothing contained herein shall autho~ work on days and during
hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by
the City.
6. I(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 valu~ for the WQrk performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents). which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence 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 90 calendar dlllfS. 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 S 1.000 per dollars peS" 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
1211411016
1
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9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond;
is required and if, at anytime after the execution of this Colltra(t and the Bond for its faithful performance
and payment, the City shall deem the Surety or Sureties upon such bond(s) to beunsatiSfaCfDry. or if, for
any reason such bond ceases to be adequate to cover the perfprmanee of the Work or payment to
5ubcontraCfDrs and suppliers. the Contractor shall, at its expe .. within five (5) business days after the
receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and
with such Surety or Sureties as shall be satisfaCfDryto the City. 'nsuch event, no further payment to the
Contractor shall be deemed to be due under this ContraCt until such new oradd'ttional security for the
faithful performance of the Work Is furniShed in the manner and in the form sati~ to the City.
10. Noadcrltional Work or Eixtras shall be done unless the same is. duly authorized In. writing. and in advance
of the work. by appropriate a~on by the City and in accordance with the~ DOcuments.
II. The date that this contract was "made and entered into" and Its effective date is.the elate that the contract is the
signed by the City or, if the contra<=(. is required to be approved by resoIutIol'I of the City Commission, then the
EffectIve Date is the date of thei'esolution approYilll the Contract whidaever is the later date.
DN WITNESS WH_Of, the parties hereto ~ve executed this Contract on the day and date set
forth next to their name below and may be signed In gneer more toPnterparts,ea:ch of which shall, without proof
or accounting for the other counterpart, be deemed an original Contract;
~
Print Signatory's Name: h\tsmV\~'r\) n.Q,a\."tl/"d. Q.
r.d~~l~~
Read and Approved as to Form. Language.
legality. and Exealtion Thereof:
~gnature:~~~
Thomas F. Pepe
1311412016
City Attorney
Signature: ~~~--
EXHIBIT'
CONSTRUCTION CONTRACT
GENERAL CONDBnONS
VARIOUS ASfHAL T It CONCRETE PROJECTS AT CITY PARKS
RIFf ,mOII·OJ
ARTICLE I -IDEFINmQNS
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 &rOUP 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 Artide to deftne the word or II"OL!P of words, the definitions contained In this Artide 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 Intel pi etaOan. In addition. these definitions shall also not apply to interpret terms in a
spedfic provision of a Contract Document iV that specific provision contains a definition of these terms:
Addenda: Written or graphic ~ments issued prior to the Bid Opening which modify or interpret the Contract
Documents. Drawings and Specifications, by addition. deletions, darificatiqns or correction.
AppIimion for PaJment: A form approved by the CONSULTANT. if any. or the Oty Manager which is to be used
by the CONTRACTOR in requesting progress paymentS,
Bid:. The offer or proposiJ of the Bidder submitted on the prescribed form settina forth the prices and other
.-ms for the Work to be perfOrmed.
II!IdIG. Any person, firm or corporation SUbmitting a response to the Owner's solicitation for proposals or bids
for Work.
Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation induding
the instnlCtions, fonnof documentS and affidavits.
B!:mdI;; Bid bond. performance and payment bonds and other insvuments of security. fumish~ by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
tile $tate,of Florida.
Change Order: A Written order to the CONTRACTOR sisned by the City Manager authorizing an addition,
delecion or revisio!'lin me Work. or an adjustment in the ContraCt Price or the Contract Time issued after
execution of the ContraCt. .
Work Order Pco.p9saJs: Written proposals from the CONTRACTOR'in response to ol'ders or request for work
based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item
pridng. where there are mUltiple locations, and the timeframe for completing the work. .em.:. The City Manager for the City of South Miami. 6130 Sunset Drive. South M"18mi. 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 Clty 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 CO!1tract DocQments 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. CONTP.ACTOR'S Bid, the 8Qnds,
Insurance endorsements. Insurance Certificates and polides, the Notice oLI.ward, the Notice to Proceed. the
General Conditions, Spedal Conditions. if any, any Supplemental')' Conditions, the Technical Specifications.
Drawings. induding 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 .Oocuments.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of che Contract
Documents.
Contnct TIme: The number of calendar days stated in the Contract for the completion of the Work.
Contractjn& Officer: The individual who is authorized to sign the contract documents on behalf of the OWNER.
CONTRACTOR: The person. firm or corporation with whom the OWNER has executed the Contract.
CONSULTANT: The per:son identified as the CONSULTANT in the Supplementary Conditions or. if none, then
CITY's designated representative as identified in the Supplementary Conditions.
Cax; 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.
Thomas F. Pepe
1211412016
~: 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.
Q§ective Wods: _Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard. test, or approval
referred to in the Contract Documents, or has been damaged prior to the CONSULTANrS 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 defiden'cy 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.
Drawings: 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 CONSUL i ANT 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 darificationor interpretation if issued by the CONSULTANT in accordance
with para,graph 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 modifk:ation may only be issued after exeCution c! the Contract, it
must be in writing and signed by the party against whom the mocfJflcatJon is sought to be enfOrced.
Non-confonning Work means work that does not confonn 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 referTed to In, the Contract Documents, or
work that has been damaged prior to CONSULT ANrs recommendation of final payment (unless responsibility for
the protection thereof has b"n assumed in writing by CITY).
Notjce 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) roong 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.
~: An individual or Iepi entity.
~ The entire constt'uction operation being performed as delineated in the Contract Documents.
~ The term "potlcy" 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.
SEe Request lor Proposal
Scope of Senrices. 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.
ShOS P@win~ AU 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.
S,pecjfigtions: Those ponions 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 Subtontractor 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 sufficiently completed. in accordance with the Contract Documents. so that the Project, or
a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree. other than for the repair of minor "punch list" items; or if there be no such certification, the date
when final payment is due in accordance with paragraph 14.9. However. in no event shall the project or portion
thereof. be deemed to be substantially completed until a cenificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion. issued by the
CONSULTANT. shall be null and void if it is based on false. misleading or inaccurate information. from any source,
Thomas F. Pepe
• 211 4/l0 16
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an item, but who does not perform labor at the site of the Work.
~ The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project.
Wm:k; Any and all obfigations, duties and responsibilities necessary for the successful performance and completion
of the Contract.
~ The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or
corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing. any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
Ml1CU 2 -PREILIMINARY MATTERS
&Ym!;
2.1 The CITY reserves the right to NJett My and alB !aIds, at &ts sole discreticm. 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 condUded 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 prestribed and in accordance with the Contract Documents. The OTY 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
suffidendy responsible, qualified and finandal 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 Sids.
Execution of Contract
2.2 At least four counterparts of the Contract. the Performance and Payment Bond, the Certificates of
Insurance, the Binder oflnsurance 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 ether
Docu~ 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 Securit)'lPerformaoce and Payment Bond. if any are requjred by the iJjlwjcabie 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.
23.1 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.S, 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.
2.3.3 Pursuant to the requirements of Section 2SS.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.
Thomas f. Pepe
12114/201'
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 Ronda 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 itselfwith the nature and extent of the Contract Documents. Work. locality. and with all local
conditions and federal. state and local laws. ordinance. rules and regulations that may In any manner affect
performance of thE! Work. and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR. also represents that it has studied .all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the performance of the
Wori< refIectecI 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.S The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project
26 CONTRACTOR shall start to perform its obligations under the Contract Documents on the elate 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 theContract.1lme commences to run. except with the written consent Of the CITY.
Before Starting Constructjpn:
27 Before undertaking each part of the Work. CONTRACTOR. shall carefully study and compare the
Contract Documents and check and verif}i pertinent figures shO\Vn thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error. or
discrepancy which it may discover. Neither the OWN~R nor the CONSULTANT shall be liable (or any
harm. damage or loss suffered by CONTRACTOR asa result of its failure to discover any conflict, error,
or discrepancy in the Drawln. or Specifications nor shall the CONTRACTOR be entitled to any
compensation for any harm. damage or loss suffered by the CONTRACTOR. due to any conflict, error.
or discrepancy in the Contract Documents.
Schedule of Completion;
2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval. an estimated construction schedule
indicating the starting and completion dates of the variOUS stages of the Work. and a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions
thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR
involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided in the Special Conditions.
29 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 )'Vorking understanding between the parties as to the
Project. Present at the conference will be the CITY'S representative, CONSULTANT. Resident ProjeCt
Representatives. CONTRACTOR. and its Superintendent.
Qualifications of Sybcontractors. Material men and Suppliers:
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2.10 Within fIVe (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and such other persons and organizations (including those who are to furnish principal items of materials
or eqUipment) proposed for those pordons of the Work as to which the identity of Subcontractors and
other persons and organizations must be submitted as specified in the Contract Documents. Within
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor. person,
or organization on such 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.
2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization listed. the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without an increase in its bid price.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed desaiption 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 worlananship of the best quality are
to be used in the performance of the Work.
MTIC!!..E HORUlIA TOON. B!if[IERlPRlttATB<01Nl ANII) ON1I1EINIT OF eQINlTMcr DQCUMIEINlD
3. i 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
Artide I.
3.2 The Con~ct 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, ~
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 operaCing 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 characteris~cs, as specified for the major component of which the
miscellaneous item Or accessory is an essendaJ part, ~nd shall be approved by the CONSULTANT before
installation; The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.S The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed 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
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.
Thomas F. Pepe
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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 n or aequivalent". when used in
connection with brand names. shall be interpreted to mean a material or product that is similar and equal
in type. quality. size. capacity. composition. finish. color and other applicable characteristics to the material
or product specified by trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT. as the material or product so Specified. Proposed
equivalent Items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number. model number. or other identification, is used without the
phrase "or equal", the CONTRACTOR shall use the brand, make and model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for Singular wherever
applicable. . . .
3.10 All technical Interpretations shall be made by the CONSULTANT as set forth in Section 93 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 guicle. 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
(ti) Amendments/addenda to Contract
(c) Supplementary COnditions, if any
(d) Contract with all exhibits mereto
(e) General Conditions
(f) Written or figured dimensions
(g) Scaled dimensions
(h) Drawings of a larger scale
(i) Drawings of a smaller scale
(j) Drawings and Specifications are·to be considered complemencary to each other
AllmCLE.4 -AVAILAlILIIU Of 1l..AN1IJ)5 $l!JIWRfA<l:IE (;QINIDHTHONS 1SE!E!8IiENCE POUND
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 ~er ~ds which are designed for the use of the
CONTRACTOR. Easements for permanent stnICtUres or permanent changes ·in existing fadl~ 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 responsibiliqr 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,
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
Thomas F. Pepe
1211411016
the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any
conclusions or interpretations made by the CONTRACTO~ on the basis of the information made
available by the OWNER! CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty-eight (48) hours of its discovery. and before such conditions are
disturbed. notify the CITY in writing. of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents. and
4 .... 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
Contraa. The CITY shall prompdy investigate the conditions, and jf it finds that such conditions
do materially differ to the extent as to cause an increase or cIe~ 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 daiin of the CONTRACTOR under this dause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above: provided. however. Che time prescribed therefore may be extended by
the CITY; but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE I-INSURANCE ContraCtor shall·comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARneLE Ii -CO"IMCTOB"S UifCNSHIBlDDJDES
Supervision and $yperiDl'J!Ddenc:e;
6.1 The ·CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means.
nH!thcxb. techniques, sequences and procedures of construetion. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "SupervisOr" at the Work
site who shal! be·designated in writing by the CONTRACTOR. before the·CONTRACTOR cQtnmences
the Work mci within tfae time required by the Contract. as the CONTRACTOR'S representative at the
site. The Supervisor or so designated $hall have full authority to act on behalf of the CONTRACTQR 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
(q9rdlnaEiC)JI Qfthe Work. (Copies ofwritten communications given to the Supenisor shall be mailed to
the CONTRACTOR'S home Qifa),
6.1.1 The CONTRACTOR shall ~·orie ~ ~y of all Specifications. Drawinas. Addenda,
t1Qdific:atiQns and Shop DralNings at·the site at all times and iii good order and annotated to show
all ~··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" drawi~ as well as the
original Specifications. Dr.awings. Addenda. Modifications and Shop Drawinas with annotations,
shall be made available to the Oty 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
manufacturer are specified or approved. such materials shall be delivered to the site In their original
packages or co~jners with seals unbroken and labels intact.
6.S All materials and eqUipment shall be applied. installed. connected. erected. used. deaned and conditioned
in accordance with the instructions of the applicable manufacturer. fabricator, or processors, except as
otherwise provided in the Contract Documents.
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Work. Materials. Equipment. Products and Substitutions:
6.6 Materials. equipment and products incorporated iii 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 nor equa'"
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6.1 Whenever a material, article or piece of eqUipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirement$ and that other products of
equal capadties. quarlty and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, in the opinion of the CONSULTANT, such material, article. or piece of equipment is of equal
substance and function to that specified. the CONSULTANT may approve its substitution and use
by the CONTRACTOR. loodental changes or extra component partS reqUired toaccolrimodate
the substitute will be made by the CONTRACTOR without a ehange 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.
U.3 Delay caUsed by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials. equipment or products not conform to reqUirements of the
Drawings and Specifications or become damaged during the progress of the Work; such Work or
materials shall be removed andreplac:ed, together with any Work disarranged by stIch alterations.
at any time before completion and acceptance of the Project. All Sl,Ich Work shaD be done at the
expenSe of the CONTRACTOR.
6.6.5 No macerialsor supplies for the Work shall be purchased by the CONTRACTOR or any
~tractor subject to any chattel mortgage or under aconditionaJ 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-conformingWorlc: The City of Soudl Miami may withhold acceptance of, or reject items
which are found uponecamination, not to meet the spedfication requirements or cOnform to the
plans and drawings. Upon written notification of rejection. Items Shill be removed or uniO$blled
within five (5) business days by the CONTRACTOR at his own expense andredefiveredandlor
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as ab~ed and the CITY shall have the right to dispose of them as its own property
and the CONTRACTOR therebY waives any daim to the good or to compensation of any kind
for said goods. Rejection for non-c:onformance 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 Scutt! 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
servic:e(s) ina timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from th~ 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
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
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organization having a direct contract with CONTRACTOR. nor shall it create any obligation on the pan
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 Spedfications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work perfonned 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 tra(fes. 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 tenninating any subcontract that the
OWNER may exerdse 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
CONTAACTOR and their Subcontractors or between Subcontractors.
6.11.] If in the opinion of the CONSULTANT. any Subcontractor on the PrOject proves to be
inco~ or otherwise unsatisfactory. they shall be promptly replaced by the CONTRACTOR.
if and when directed by the CONSULTANT in writing.
6.llA DiScrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of the
terms of the subcontract, including the hiring and recention of employees for the performance of Work
that would discriminate against any person on the basis of race, color. creed. religion. national origin. ~
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 aI! 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 hannless 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
defenc:i all such claims in connection with any alleged infringement of such rights.
6.14 Th~ CONTRACTOR shaD be responsible for determining the application of patent and/orroyalty rights
as to any materials. appliances. articles or systems prior to bidding. However, he shall not be responsible
for such det~ination on systems which do not involve purchase by them of materials. appliances and
articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work. which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions. there will be no charges to the CONTRACTOR. The CITY shall assist the
CONTRACTOR, when necessary. in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
Electrical Power and li&\1ting:
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. Ughting 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.
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Laws and RQ&Ulations:
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
tha.t the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
Discrimination:
6.17 A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract.
induding the hiring and ~ention of employees for the perfonnance of Work that would disaiminate
against any person on me basis of race, color, creed, religion, national origin, sex. age, sexual orientation.
familial status or disability.
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6.18 Cost of all applicable sales, consumer use. and other taxes for which the CONTRACTOR Is liable under
the Contract s~1 be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
6. I 9 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 provicle the necessary protection to prevent damage, injury or loss' to:
6.19.1 All ~Jiloyees and other persons, who may be afrec:ted ther'eby,
6. I 9.2 AlJ~' Worte 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
otherWi$E! designated in writing by the CONTRACTOR to the CITY.
Emm:gendes:
6;21 In, emergencl~ affecting the safety of persons or the Work or property at the site or adjacent thereto.
the CONTRACTOR. without special instruction or authorizatiOn from the CONSULTANT or CITY. is
obligated to act, at his discretion, to prevent threateneddarnage. injury or loss. He shall give the
CONSULTANt prompt written notice ofany sianificant 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 ~ion of the Cootract Time. he may make a daim therefo~ as provided jn Articles II and
12.
Shop Drawings and Samples:
6.22 After checking and verifying all field ~asurements, 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
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 CONSUL TAN! 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
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information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corrected copies of Shop
Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, in writing. of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either detennined 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 pf 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 noi relieve the CONTRACTOR from
his responsibility for any deviations from the reqUirements of the Contract Documents unless the
CONTRACTO~ 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 shaU any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or deJaythat is caused by its
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
Oeanilli 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 aU 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 dean his portion of Work involved in any building under this Contract, so that no
further deaningby 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 dean the Work site, the CITY may dean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Conyenience and Safet)';
6.30 The CONTRACTOR shall. at all times. conduct the Work in such a manner as to .insure the least
practicable obstrUction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous position. at such locations as traffic demands. At any time that streets are required to be
closed. the CONTRACTOR shall notify law enforcement agendes and in particular. the City of South
Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire
hydrants and other fire extinguishing equipment 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
fadlities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
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6.32 ContractOr shall comply with the indemnification requirements set forth in the RFP and in lEXHDIaDT 2 of
the Supplementary Conditions (Insurance and indemnification requirements).
6.33 In the event iliat any action or proceeding is brought against OWNER or CONSULTANT by reason of
any such claim or demand. CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactOry to CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and
all daims of liability and all suits and actions of every name and description that may be brought against
OWNER or CONSULTANT. excluding only those claims that allege that the injuries arose out of the
sole negligence of OWNER. or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparatiOn or approval of maps. drawings.
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission is the primary cause of injury or damage.
6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all
insurance coverage reqUired by S"ection 5.1 of this document. IndemnificatiOn is limited to damages caused
in whole or in part by any act. omission, or default of the Contnctor.the Contractor's subcontractors,
sub-subc:ontractDrs, materialmen, or agents of any tier or their respective employees to the extent caused
by the negIisence. 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.
Responsibilit¥ for Connection to Existing Wgr!c
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work. existing building or stru«Ure or Work previously installed as required by the Drawings and
Specifications tOprovi~ Ii complete installation.
6.36 Excavations, grading. fil!. storm drainage. paving and any other constl\lction or installations in. rights-of-
ways of streets, highways, public camer lines, utility lines, either aerial, surface or subsurface. etc., shall be
done in accordal1te with requirements of the special conditions. The. OWNER will ~ ~ponsible for
obtaining all permits necessary for the Work. described in this paragraph 6.36. UpQn completion of the
Work. CONTRACTOR shall present to CONSULTANT certificates, in tripliCate, from the proper
authoritieS, SQtlng that the Work has been done in accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be respOnsible for obtaining elevations of curbs and gutters. pavement,
storm structures, and other items which must be esaabnshed by governmental departments as
soon as grading operations are begun on the site and. in any ~e, sufficiently early in the
construction period to prevent any adverse effect on the Project.
CoOll!!ration with Goyerrunenq,1 Oe.partments, Public Utilities. Etc.:
637 The CONTRACTORshaIJ be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, servrce companies and corporations (hereinafter referred to
as "third parties'1 owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and teI~h facilities such as pavements. tracks, piping. wires, cables, conduits, poles, guys,
etc., including incidental structures connected therewith, tha~ are encountered in the Work in order that
such items are properly shored, supported and protected, that their location is identified and to obtain
authority from these third parties for relocation if 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
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1211412016
Use Premises:
misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
6.38 CONTRACTOR shall confine its appararus, 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 pan: 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 CONTAACTOR. shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER as well as their instructions with reprd to signs. advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routins and parking of autOmobiles of
its employees, subcontractors and other personnel, as well as that of the material delivery tnJcks
and other vehides that come to the Project site.
6.38A The Oty will designate specific areas on the site for storage, parking. etc. and the job site shall be
fenced to protect the lob 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 ~ accordance with existing govemfng regulations. Field offices shall include telephone
facilities.
pmwrjon Of Existin& ~ Improyements;
6.38 Any existing surface or subsurface improVementS. such as pavements, curbs. sidewalks, pipes or utilities.
foodnp. or structures (including portions chereof), trees and shrubbery. not indicaced on the Drawinp
or noted in the Specifications as being remowcI or altered shall be protected from damage during
cOnstruction of the Project. Any such improWlJlents damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a concIiti9fl equal to that existing at the time of
award of COntract.
AgDCLEI-VWQRKBJOTHERt
7.1 The CITY may perform additioJ:l=d Work related to die Project or may let other direct contracts therefor
which shall c()ntain General ConcfltiOns similar to these. The CONTRACTOR. shall afford the other
contractors who are parties to such direct cpntracts (or the OWNER, if it is .,.-forming the additional
Work 1tseIf), reasonable opponunity for the intrOduaion and storage of-materials and equipment and the
execution of Work, and shall properly connect-and coorcIinate 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
othercontRCtor or die OWNER. the CONTRACTOR shall promptly report to the CONSULTANT in
~riting any deft!cts or ~iencies 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 cu~ng, excavating or otherwise altering their
Work and shall only cut or alter their Work with die written consent of the CONSULTANT and of the
other contractor whose work will be aft'ected.
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 die Contract, written notice thereof shall be given to the
CONTRAeTOR. prior to starting any such additional Work. If the CONTRACTOR. believes that the
performance of such additional Work by the OWNER. or others will cause the CONTRACTOR
additional expense or entides him to an extension of the Contract Time, he may make a claim therefore
as provided in Articles II and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or
shaJlleave chases, slots and holes as required to receive and to conceal widlin the general construction
Work the work of such other separate contractors as directed by them. Where s~ch 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 die CONTRACTOR.. The CONTRACTOR shall
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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 detaUed 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 Jack of coordination shalJ"be the CONTRACTOR's cost.
7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or seNice(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.
MTUCCLE I ~CH"IrII"$ IltE$PCINlSBllo..OTO!E$.
~ .. I 1M. CITY will Issue all communicatiOns to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of emploYil1ent of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contrac:t DOcuments shall be that of the fQrmer CONSULTANT.
8.3 The CITY shall promptly furnish the data required of them under the ~Documents.
8.4 The CITY'S duties In respect to providing lands and easements are set forth in ~ 4.1 and 4.2.
8.S The CITY shall have the right to take possession of and use any completed or partially completecl
pprtIQIIS of the Work, notwithstanding ~fact that the time for completing the entire Work or any
portion there¢ 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.
MTIQ F 9 -CONSUlTMT$' STADJJ$ PURlING CQ!N!$i1!1WcrgON.
City's Representative:
9.1 The CONSULTANT shall be the CITY'S representative during the constructi~ period, . The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITI'S representative during
construction are set forth in Articles I mrough 160hheseGenerai 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 tenns
of the Contract Documents.
9.1.2 ~ as may be otherwise provided in this contract, all dai~ counterclaims, disput1;5 and other
matters in question between the CITY and the CONSULT ANT 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.
Visits to Site:
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proc:eeding in accordanc;:e with the Contract Documents. His efforts shall be directed toward providing
assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with
the Construction Documents and applicable laws. rules and regulations. On the basis of these on site-
observations as an experienced and qualified design professional. he shall keep the CITY informed of the
progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and Interpretations:
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary. which
Thomas F. Pepe
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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
Artides 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.
Rejecting Defective Work:
9.S The CONSULTANT shall have authority to disapprove or reject Work that is AOefective WorkA as
defined in Artide 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. incfuding 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 fadlities until the repair
work can be completed, shall paid by the CONTRACTOR if the Work Is found to be ~efective Work.
SbogDrawings. Change Orders and Payments:
9.6 In cOnnection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.i5 through 6.28, inclusive.
9.7 In connection with the CONSULTANT'sresponsibiUtyfor Change Orders see Artides 10, II, and 12.
9.8 In connection with the CONSULTANT responsibiiities with respect to the Application for Payment. etc.,
see Artide 14.
Decisions on Pisagreements;
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Umitations on Consuitant's R§90Dsjbjljtjes:
9.11 The CONSULT ANTwillliot 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. arany
Subcomractors, or any of their agent. servants or employees, or any other person perfonning any of the
Work under or through them.
AAJI]CLE I Q -CHANGES IINI THIE WORK.
10.1 Wltbc)ut invalidat;ingthe 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 l1!Ceipt of a Change Order. the CONTRACTOR shall proceed with the Worle
involved. All such Work shall be performed under the applicable cond'mons 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
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 drcumStances. The failure to indude a
time extension in the Change Order or in the request for a change 9rder shall result in a waiver of any
extension of time due to the change in the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents withoUt the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Field Order would entitles the
CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a
written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the
Thomas F. Pepe
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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 -1.-1. and Work performed in an emergency as
provided in paragraph 6.22 and any otherdaim of ti'le CONTRACTOR fora 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 Connct 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 QXT1meneement 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.
_DeLE I 0 ~ CI=f!ANGE @IE CQfl\fm6M:T pmClE.
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties. responsibilities and obligatiOns ~ignecl to or undertaken by the CONTRACTOR
shall be at its expense without changing the ContJract Price.
11.2 The CITY Fi1ay. at any time, without written notice to the sureties, by written order designated or
iridiqted to bea Change Order, make any change in the Work within the general scope of the COntract,
includiljg bot nOt· limited to changeS to or in:
11.2.1 Speciftq~ons (inc:h.idingdrawings and designs);
11.2.2 ~()dor ~ of performance of the Work.
11.2.3 CITY .. furnished facilities, equipment; materials, 5el"tfice5, or site; or
11.2.4 Acceleration in the penon'nanceof the Work.
11.3 Except as provided in this section, or sections referred to in mis section. no order. statement, or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unl~ 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 Oocumems.
1104 Wh~ a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in
writing, theCONTR,ACTOR shall perform the Work evenihhe CONTRACTOR does not agreewith
the doQar amount Qfthe Change Order. If any Change Order causes an increase or decrease in the
CONTRACTOR'S cost of. or me time required for. the perfonnance of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement. an eqUitable
adjustment based on the cost of the Work shall be made and the Contract modified accordingly.
11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or con~ the equitable
~j~ m~ by the CONSULTANT. it shall, within ten (10) calendar days after receipt of a wri~n
Change Order. $ubmit to !:be CITY and CONSULTANT a written notice including a statement setting
font, the geneI'aI nature and monetary extent of such dahn 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 I 1.7 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.
11.7 The value of any Work covered by a Change Order or of any daim 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.
11.7:1. On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed
15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable
costs, the CONTRACT shall provide a list of all costs together with backup documentation
11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade
County and shall include only the following items:
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1211412016
11.8.1 Payroll costs for employees in me direct employ of CONTRACTOR in the perfonnance of the
Work desaibed in the Change Order under schedules of job dassificadons agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages. plus the costs of fringe benefits which shall indude sodal security
contributions. unemployment, excise and payroll taxes. workers' compensation. health and
retirement benefits. sick leave, vacation and holiday pay applicable thereto. Such employees shall
indude superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be induded in che above only if authorized by
CITY and provided it was not in any way. whether in whole or in part the result of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due in whole or in part to Defective Work of the CONTRACTOR.
11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, induding costs of
transportation and storage, and manufacturers' field services requin=d 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 eIle CONTRACTOR for the payment for
items that; offer a discount. Cash discounts shall accrue to CONTRACTOR unless the
CONTRACTOR rails to timely notify the CITY of the discounts or if the OWNER deposits funds
with CONTRACTOR with which to make payments in which cases eIle cash discounts shall
acaue to the OWNER. All trade d"ISCoUnts, rebaces and refunds, and all returns from sale of
surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall maJce
proviSions so that they may be obtained.
11.8.3 ~~ made by CONTRACTOR to the Subcontractors for Work perfonned by
SUbcontractors. Of required by CITY. CONTRACTOR shall obtain compedtive bids from
Subc~ acceptable to him and shall deliW!i" such bids to CITY who wiJI·then determine,
widI m.advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writi"l by che CITY. If a Subcontract provides that che
Subc:ontractor is to be paid on the basis of Cost of Work plus a fee. the cost Of the Work shall be
determined in accordance this section 11.8 and in such case the word -SUbcontractor" shall be
substituted for the word "CONTRACTOR".
11.8.4 ~.of ilIl construction equipment and machinery. except hand tools, and the pans thereof
whether ~ from CONTRACTOR or others in accordance with nmtal agreements
apprOved by CITY with the advice of CONSULTANT. and the costs of transportation. loading.
unloading, insc;aliatiQn, dismantling and removal ther.eof -all in accordance with tenni of said
rentaI~ts. The rental of any such equipment. machinery or parts shall cease when the
use .thereof is no longer necessary for the Work.
11.8.5 Sales. use or 'similar taxes related to the Work, and for which CONTRACTOR Is liable; imposed
by any covernmental authority.
I 1.8.6 Payrri8ncs _ fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
II.L7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams. long distance telephone calls, telephone service at the site.
expressage and similar petty cash items in connection with the Work.
11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work. not to exceed two percent (2%) of the increase in the Cost of che Work. .
11.9 The term Cost of the Work shall NOT include any of the following:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers. executives, principals (of
partriershipand sole proprietorships). general managers. engineers. architects. estimators, lawyers.
agents. expediters, timekeepers. clerks and other personnel employed by CONTRACTOR
whecher at the site or in its principal or a branch office for general administration of the Work.
and not specifically indueled in che schedule referred to in Subparagraph 11.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its off"lCe 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 eIle same (except as otherwise
provided in Subparagraph 11.8.9).
Thomas F. Pepe
IVI4IlOl6
I
I
11.9.5 Costs due to the negligence of CONTRACTOR. any Subcontraaor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or eqUipment wrongly supplied
and making good any damage to property.
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph I 1.8.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
detennined as follows:
11.10.1 A mutually acceptable firm fIXed price; or If none can be agreed upon.
11.1 0.2 A mutually acceptable fixed percentage (not to exceed 15%).
11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
manner as provided in II.B. When both adcfltions and aedits are involved in any one change, the net
shall be compUted to inch_de overhead and profit, identified separately, ror both additions and credit.
provided however, the CONTRACTOR shall not be entided to claim ·'ost. profits for any Work not
performed.
ARTICLE 12 0 DMIE IEOR CQMPLfETOON. !L8Q\\.IIRDAIlEQ) PAMAGES AND CHANGIE OF IlHE
eClNImAey TaME.
12.1 Time is of the essence to this contraa and the date .of beginning and tb~ 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 Qf progress to ensure-full completion
within the C"onirad: Tiine. It is exp~ understood and agreed, by and between the CONTRACTOR
and the OWNER. d1at the Contraa Time for the completion oftJ1e Work described herein Is a
reasonable time, taking into consideration the average dimatic and t!COnOmk:cOIldltions and other factors·
prevailing in the locality of the Work. No extension of time shall bE! granfecl due conditions dlat the
ContraCtor lmewof 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 Contraa 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 Contraa Documents for each calendar day aftertbe scbedUlecldatefor
completion as adjusted by written Change Orders that extslCkid the completion date.
12.3.1 These alTlounts are not penaltieS but are liquidate4 damages in~rreci by the OWNER for its
inability to obtain full use of the Project. liquidated damages ate herebY fbcechni;l agreed upon
between the parties, recognizing the impossibility of precisely ascertaining thellf110Llnt of damages
that will be sustained as a consequence ohuch 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 CONTJ\ACTOR to complete the Contract on time. The abo.,.~ 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 todedua the liquidated damages from monies due to CONTRACTOR for the
Work under this Conti'ilct.
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 Contraa Time shall be evaluated
and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change
in the Contract Time resulting from any such claim shall be incorporated in a written Change Order.
12.S All time limits stated in the Contraa Documents are of the essence of the Contraa.
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 writiilg 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 Contraa 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.
Thomas F. Pepe
1211412016
12..8 No Damages for Delay; The CONTRACTOR agrees that he shall not have any daim 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 soJe 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, indudingbutnot limited to. costs ohcceleration or
inefficiency. overhead or lost profits, arising because of delay. disruption. interference or hindrance from
any cause whatsoever. whether such delay. disruption. interference or hindrance be reasonable or
unreasonable. foreseeable or unforeseeable, or avoidable or unavoidable.
12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st
day following the date of the event upon which the daiin ;s 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 efFqrt to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department with the advice of the City Attorney and the
CONSUL r ANT shall rule on the disputed issue and send a written copy of its decisior:' to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
MDeLE 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 Woric performed for patient Defective
Work for a period of one (I) year from the date of Final Acceptance asindh:ated 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 Defecti~ 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 Recommenc\ation 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
~nallIe promptnesS. In the event that the CONTRACTOR should fajita 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 accordimce 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 CONTRACTOP. 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 I~; I, shall take precedence over Section 13.1.
13.3 CONTRACTOR shall act as ~gent, on a limited basis for the OWNER. at the CITY's option, solely for
the follow-up concerning warranty compliance for all items under manufa(bJrer's Warranty/Guarantee
and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract.
13.4 In case of default by the CONTRACTOR. the City of South Miami may procure the articles or services
from .other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby;
13.5 The CITY may withhold acceptance of. or reject items which are found upon examination, not to meet
the specifICation requirements. Upon written notification of rejection. items shall be removed within five
(5) business days by the CONTRACTOR at his own expense and redeliver-ed at his expense. Rejected
goods left longer than thirty (30) calendar days shall be regarded as abandoned and the Oty shall have the
right to dispose of them as its own property and the CONTRACTOR thereby waives any daim to the
good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet <!elivel)'
schedules may result in the Contract being found in default.
ARTICLE 14 -PAYMENTS A.NID COMPLETION.
Thomas F •. Pepe
1211411016
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 a month). the CONTRACTOR ~I 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 e)(ecuted by all persons. firms and corporations who have furnished labor. services or materials
ilk:orporated into the work during the period of time for which the previous progress payment was made.
releasing such daims and lien rights. if any. of those persons. If payment is requested on the basis of
materials and equlp~t 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 tide to the matenal 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) c::aIendar 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 die CONTAAc:TOR. indicating in writing his reasons for refusing
to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and
resubmkdte paniaI payment estimate. The OWNER, will within thirty (30) calendar days ~f presenGtion
to it of any approved partial payment estimate. pay the CONTAAcTORa progress payment on the basis
ohheapproved partial payment estimate. The OWNER shall rretainten (10%) percent of the amount of
eilch pl~tuntil FinaLCompletion and Acceptance ·of all Work covered by the Contract Documents.
Any iilrerest eamedon the retainage shall accrue to the benefit of the OWNER.
14.2 TheCQNTAACTOR. before it shall receive final payment, shall deliver to the CITY a Contractor's Final
Payment Affi~vit.as set fOrth in tile Florida COnstru~on Uen Statute as well as'final releases of lien
executed by ali persons who haVe performed or furnished tabor. services or materials, directly or
incflreCtly. which was Incorporatedintc? 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.
COntra<mt's Wamnr;y Of Tide
14.3 The C;:ONTRACTORwarrants and guarantees that tide to all Work, materials and equipment covereclby
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 ~n Or encumbrance thereon ·is retained by the seller or otherwise imposed by the
CONTRACTOR or such other-person.
Ap.proval 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 CONSUL TAm'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 Artide 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 entided 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
Thomas F. Pepe
1211412016
the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or
that tide to any Work, materials. or equipment has passed to the OWNER free and dear of any liens.
14.5 The CONTRACTOR shall make the following certification on each request for payment
'" 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 periormed work
or supplied materials".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same
amoUlJt 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 applicationcel'tification lbecause of subsequendy
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 replac:ement,
14.6.2 the Work for which payment is requested cannot be verified,
14.6.3 daims of Uens have been filed or received, or there is reasonable evidence indicating the probable
filing or receipt thereof,
14.6.4 the Contract Price has been reduced because of modifications,
I·U.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 dean 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 ofliqlJidated damages payable by the CONTRACTOR. or
14.6.9 ofany other violation of. or failure to comply with proviSions of the Contract Documents.
14.7 Prior to Fin;al 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
responsibiJity for the care and protection of the Work, or the restoration of any damaged Work except
such as may be caused by agents or employees of the OWNER.
14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate aaached to
the Final Application for Payment that the Work has been accepted by it under the conditions of the
Contract Documents. The entire balance found to be due the CONTRACTOR. induding the retained
percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid tathe
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 ePayabies 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.
Thomas F. Pepe
1211411016
Acceptance of Rnal Payment as Re/f5!!se
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 Pprmance 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 detennines. because of
subsequently discovered evidence or the results of subsequent inspection or tests, that:
14.12.1 the Work is defective, or that the completed Work has been damaged due "to the fault of the
CONTRACTOR or any inalVidual 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 Compl!i!teCI cannot be verified,
14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of F"maJ
Completion.
14.12.4 there is IJefective Work the valUt! of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Compietic)A and 5%
in the case of final Completion.
14.13 If the CONSULTANT de-cenifies any portion~f the Work that was certified ("Initial Certificac:ion'') 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.
AATO<eKJE U $ -SUSPIENSICINI <Of WON( A!N!@ UIl§MOIN/A1fIOINI.
15. a 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 s~1 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 Con~ctTime. or both, directly
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
II ()r~ 12.
Or,y May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent. or if he makes a genera! assignment for the
benefit of its creditors, or if a trustee or receiver i,s 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 repeatec!lyfails to supply suffident skilled worlaneil or suitab!e materials or
equipment, or if he repeatedly fails to make prompt payments 'to Subcontractors or for labor. ma~rials or
equipment or he di$~s 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 yjolates 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 entided 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 1n a Change Order.
Thomas F. repe
1211412016
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 15.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter
acaue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from liabiUty.
15.4 Upon seven (7) calendar days' written notice to the CONTRACTOR and the CONSULTANT, the CITY
may. without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the OWNER. In such case, the CONTRACTOR. shall be paid for all Work
executed and accepted by the CITY as of the date of the tennination. minus any deduction for damage or
Defec:dve Work. No payment shall be made for profit for Work which has not been performed.
15.4.4 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.
RemoyaJ of EQuipment
155 In the C3$8 of·termination of this Contract before completion for any ?Use whatever, the .
CONTRACTOR. if notified to do so by the CITY, shall promptly remove any part or all of its equipment
and supplje.s from the property of the OWNER. Should-the CONTRACTOR not remove such
equipment and supplies, the CITY shall ha~ the ri&ht to_remove ..... at the expense of the
CONTRACTOR. and the CONTRACTOR agrees that the OWNER shall not be.liabJe for loss or damage
to such equipment or supplies. Equipment and supplies shall not be construed to indude such items for
whiCh the CONTRACTOR has been paid in whole! or in part.
Qmaqw May Stog.Wgrk or Terminate
15.6 If, through no actOr fault of the CONTRACTOR. the Work is suspended for a period of more than
ninety (90) calerklar da)'$ by the CITY or by order of other public authority. or under an order of court
or the CONSULTANT ~ils to act on any ApplicatiOJl for Payment within thirty (30) calendar days after it
is submitted, or the OWNEfl falls to pay the CONTRACTOR any sum approved by the CONSULTANT,
within thirty (30) calendar days of its approval, and presentation. dten the CONTRACTOR may. upon
twenty (20) calendar days written notice to the ciTY and the CONSULTANT, terminate the _
COritract The CITY may remedy the delay or neaJect within the twenty (20) calendar day time frame. If
timely remediec! by the CITY, the Contract shall not be considered ~Inated, In lieu of terminating the
Contract. if the CONSULTANT has failed taact on an Application for Payment or the OWNER. has failed
10 make any payment ,as afore said, the CONTRACTOR may upon ten (10) calendar days' noticem the
OTY and the CONSUlTANT stOp the Work until it has been paid all amounts then due.
Indemnification of Indepenc!tm Consultant,
15.7 . The CONTRACTOR and the orr hereby admowledgesthat if the CONSULTANT is an independent
contractor of the OWNER. the CONSULTANT may be reluctant to rule on any disputes concemingthe
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
tern:ls of the Contract Documents. Therefore, the OWNER. at the CONSULTANT's request, agrees to
provide the CONSULTANT with a written indemnification and hold hannless aareement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
an interpretat1on. de-certifies a payment application. decertifies SUbstantial Completion, decertifies Final
Completion, certifies an event of d~lt. or approves any action which requires the approval of the
CONSULTANT.
ARTICLE I' -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.
Thomas F. Pepe
1211412016
16.2 The Contract Documents shall remain the property of the OWNER .. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions, If any, and the rights and remedies available hereunder. and. in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder, shall
be in addition to. and shall not be construed in any Way as a limitation of, any rights and remedies available
by law. by special guarantee or by 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 olthe first observance of such injury or damage.
AATla.!E 171 • WAMEROIF JIl.JlRJ TIRII.&.L
17.1 OWNER and CONTRACTOR knowingly, irTeVOCably voluntarily and intentionally waive any right either
may have to atrial by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
MTICILlE 11-"TTOMEn flEU gUIBUS!DUCygOlNlI YIEfNlUlE '\ti0YIEMIINIG !l...AW.
18.1 The Contract Shall be construed in accordance with and governed by the law of the State of Ronda.
18.2 The parties subtn~ to the jurisdiction of any court of conlpetent jurisdiction in Rorida regarcfmg any claim
or action arising.ollt of or relating to the Contract or Contraa: Documents. Venue of any action to
enforce the C~ shaD be in Miami-Dade County. FlOrida.
18.3 Exc:ept 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 afor relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
ARTOCLE 19 .PRCIIECTRIECOIlU)S.
19.1 The CITY shaJlhave right to inspect and copy during regular business hours at OWNER'S expense, the
books and record$ .andaCcouritS of CONTRACTOR which relate in any way to the Project, and to any
daim for adrfltionaJ 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, finaoqaJ or otherwise, which relate to
the Project and to any daim 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 Proiect.
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice. .
19.2 CONTAACTOI\.and all.ofitssubcontraetors are required to comply with the public records law
(s.119~0701) while providing services on behalf af the OWNER. and the CONTRACTOR.; under such
conditions. shall incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR
and its subcontractors arespedfic:aJly 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 disdosed 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 ~cy 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 disdosure 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
ThoInlll5 F. Pepe
1211412016
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.
OF THE CONTRACTOR HAS QUESTIONS LllIEGARDONG THE
APPUCATftON OF CHAPTER 109p FLORIDA STATUTlESjI irO THE
CONTRACTOR'S DUTY TO PftOV9IDfE PUIiLlCRIECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340; /EmmaiU: mmerrnsll1ldex@southmiam6flogov; (6030 Sunset Drive,
South Miami, flL 33 ~ 43.
19.3 If CONTRACTOR or Its subcontractor does not comply with a publk records requesl. the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
provision shaD be liable to OWNER for its costs of enforcing this provision. including attorney fees
IntuITed in all proceedings. whether administrative or civil court and in aU appellate proceedings.
MTOCIUE 20 ~ SEVlEMmUry,
20. B If any provlslOl'i 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.
MTBCU 21 "" IND!EPENQIENI OOmMem>&
21.1 The CONTRACTOR Is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR. shall be by employees of the CONTRACTOR and subject to supervision by the
CONTP.ACTOR, and not as otIicers, 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.
Un" f n -MSIGNMIEMT.
22.' 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
Oty Manager. The CITY will not unreasonably withhold anellor 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 I'f!quirements to the CITY's sole
satisfaction and the assignee elCeCUtes all of the Contract Documents that were required to be executed
by the CONTRACTOR
OM WITNESS WHEREOF, the parties here:~m executed the General Conditlon~ to acknowledge
their inclusion as part of the Contract Documents on tIli ci .. · ... dayof t'" (,v'7.~/h .201.1.
Thomas F. Pepe
1211412016
co~o~ :~. R~IINlC.;
Signature:~()~~!!~Q~
Print Signatory's Name: .J\\~,\ r\.\Nk .. fi) j ,~o\\'i>\"",M
S
Tide of Signatory: ....;~'-'v-~e""'s ... \ A~f,VI.,,-,,'\-,--_____ _
LAST PAGE OF EXHIBIT 6
CONSTRUCnON CONTRACT
GENERAL CONDITIONS
VARIOUS ASPHALT & CONCRETE PROJECTS AT CITY .. ~P~.A.Q.
RFP PRl018-03
~In/~ ~~ rr«
Read and Approved as to Form, Language,
~ity, and Execution Thereof:
Thomas F. Papa
1211412016
IEXHlBIlDT if
Supplementary Conditioll'1lS
VARIOUS ASPHALT ir COb'llCRE'lt'E PROJIECn AT CDnt' PARKS
RFIP PRlOI8-03
A. Consultant: In accordance widl ARTICLE I of the General Conditions CONSULTANT is defined as the
person Identified as the CONSULTANT in the Supplementary Conditions or If none, chen CITY's
desipated representative as identified in the Supplementary Conditiops. The CONSULTANT's, Ifany, and
die CIc¥'s Deslpted Representative's nam, address. telephone number and facsimile number are as
~ows:
MIA
B. Terminadon or SubstitutiOn of Consultant: Nothing herein shall prevent the CITY from rerminacing the
services of die CONSULTANT or from substitutinganother' "person" to act as the CONSULTANT.
C. Plans for Conscruction: The succ:essrul CONTRACTOR will be furnished mD setS of Contract
~without charp. Any additional copies required will be furnished to cite CONTAACTOR ata
cost to the CONTRACTOR equal to the reproduction cost.
D. The Scope of Services, also referred to as the Work in the contract documents, is as _ forth in the RFP
and in the atradted EXHIBIT 8, Attachments A, ,. II to the RFP and if there is a conflict the at;tached
Exhibit shall take preoedence.
E. Contraaor shall comply With the insurance and indemnlficadon requirements Is set forth in cite RFP and in
the document set forth In the attachecIlEXHBBHT 2 to aM RFP and if there is a contrlCtclte attached
Eichiblt shall take prececIence.
F. The Work shall be completed in " qIendar da. unless a shorter dme Is ~t forth In cite Contract and
in such event the Contraa shall take precedent notwithstanding any provision in the G~ Conditions
to the Contract chat may be to cite contrari.
DN W''1I'1NESS WHEREOf, the pardes hereto a,exec:uted ~ Supplementary Condlti~s to
adcnowledge their inclusion as part of the Contract on this· -day of ft'v J'r-:,h . 204
~~AII:Qnao::Cd .
SIgnature: JU i~._le -\It.&~ .
Print Signatoris Name: -1\\9 )\l",AICo 'j . ~§\b\lrJ.{
. Tide of Signatory. ~ ~~ ~J :::~ill-a... ___ --
Maria Menendez~ ~.)---.~ven Alexander
City Clerk (~ 6~~ City Manager
Read and Approved as to Form, Language,
Legality. and Execution Thereof;
ggnature: ~~~/~
Thomas F. Papa
12114/2016
City Attorney
END OF SECTION
/
J
IIES1r ,
viut!Q,!s.,s.plii~Lj !:l! ~:·(;,1~N¢'1~~,T!li ~f\IRQ.,I~~:5$.~'.A':1
,-
SUBMitTE,O"THiS
-". ,,;.-..... j . :0~'
: u," . : .. ::
Title
DAY OF 1\',1\':;1\.-/1 r '.1' \' I ~~j~.~\':~ .~
-.... ~ ..
F'axNiunber . ·&.M)W\'!;(~tle ,,~: lA·o* !1i\1i\,"' \ ~ (,& (Ill
., ....
.. ::.:
.", ..
.~
By: _________ _
[Print nameQf signatory]
• . '. '. j." ''''ssOne.! 1iSCI.· ..... 6 ..... -.~ '!iJl1p.r.,.. 8 B"UeOll!f''!''!'', .... ,
By: __ _
--' 'ofsignatorvr-, [Print name
IE){HO~BT Nco ~
SCOPE OF SERVICES
Attachment A
VARDOUS ASPHALT & CONCRETE PROJECTS IA T CDnt' PARKS
RIFP PR20 1 8-03
D. «iell1lenllReqllllirements:
The work specified in this Request for Proposal (RFP) consists of furnishing all labor
(including subcontractors), engineering, plans, drawings, technical specifications;
installation, machinery, tools, means of transportation, supplies, equipment, materials,
penn its, coordination with any utility companies (i.e. power, gas, water), dumpster(s),
disposal of materials and seD"Vices necessary to perform the follOWing work. In addition,
the contractor is responsible for erecting construction safety fencing, cones, etc. at the
end of each working day.
Prior to any digging, Respondents must locate all underground utilities and other facilities
as well as contacting Sunshine 81 i to coordinate the process between excavators and
member utilities in Florida so that they can mark the approximate location of underground
lines, pipes and cables on construction site.
Permit fees are waived for permits issued by the City of South Miami. Permit fees from
other government entities, if required, shall be the responsibility of the Respondent.
However, in aU cases; it is the responsibility of Respondents to secure any and ali permits
and! boundary survey(s) that may be required for this project.
NOTE: ReslPlondents must submit a IWIl"O,osmll for mill fewlI!, (&.!) proj<ects to b<e
cOll'8sodell"edi for ditis soUkuto@fIl)o Bt os ttlhJe CoWs DlIlltteOOOIJ'il to awaur<d! mDB f01lB1I" (4)
[projects to Sl sill'8gDe COli'DtFractOIl"
The work associated with this project should be reflected in the dGConstmctiioll'll Bud
form/' DCHUf867r 3 al/'Dd p 44Re!lPoll'll«ilell'llu Cost Md Tetelhlli'DOcilil !Prropo$2IB/' fEXH81887f
JJ.
~O. $COPEl of Work:
The City's Parks and Recreation Department is soliciting proposals from qualified
companies to furnish, supply and install a 6' feet wide asphalt path (approximate average
length 2372 LF and area 1583 SY) along the perimeter of the mUltipurpose field at South
Miami Park, located at 4300 SW 58 Avenue, South Miami, Florida 33143. The purpose of
this project is to make our community more livable and provide opportunities for physical
activity to improve fitness and mental health.
Thomas F. Pepe
12114/2016
Asphalt specifications listed below.
o N ew 6' feet wide asphalt path. All four (4) corners shall be curved.
o 6" inch stabilize/compact lime rock sub-base
o I" inch SP-III asphalt
o New 12' (I) x 6' (w) asphalt entry/exit slope access point on northwest corner.
o St. ~lUJgustine Sod approximately 4' to 6' ft. along both sides of new asphalt
install.
Thomas F. Pepe
12114/20 16
Note: Contractor is responsible 1for exact dimensions 01f asphalt dimensions,
including average length and area. Work aCtivity is limited to the hours from
1:00 AM through 5:00 ~M on Mmullay through friday.
Project B
The City's Parks and Recreation Department is soliciting proposals from qualified
companies to furnish, supply and install 144 square feet (SF) of 6" inch concrete slab on
grade (3,000 psi) underneath an existing gazebo located at Brewer Park, located at 6300
SW 56 Street, South Miami, Florida 33143. The purpose of this project is to establish a
safe and presentable area for park..;goers to picnic at the park.
Concrete specifications listed below.
o 144 SF of 6" inch concrete slab on grade (3,000 psi)
o Includes edge forms, vapor barrier, soil poisoning, reinforcing steel #5
rebar (I' length @ 12" C.c.)
o Pump, place and finish 3 CY's of concrete slab
o Pump, place and pour 5 CY's of continuous concrete thickened edge (I' x I')
o Importing of clean sand fill (12" lift)
G Install approximately 4' 5t. AUlgl!.BstiB1le sod along all perimeter (all 4 sides)
Note: Respondents are responsible for eltact dimensions of concrete. Work
activity is limited to the !hiOlU"S 11'rom 1:00 AM tll1lll"ough 5:00 PM on iMonday
through friday.
Project C
The City's Parks and Recreation Department is soliciting proposals from qualified
companies to install a 6' ft. bench on reinforced concrete pad (approximately 28 square
feet) within the city's public right-of-way on SW 42 Terrace and SW 62 Court. The bench
will be supplied by the City of South Miami. The purpose of this project is to create a
convenient and comfortable place for persons to sit after a casual stroll or jog.
Thomas F. Pepe
12114/201 6
II
---~ 5.~
~
: :. !h
-:. t=------:. -: .
..... ".".-.' .-.. -.-'-0-'-.~ .. _ ..... -............... ..
iJ'---' ~'~I I
.. r;"~ l ~!1Z 0= .. " U J . .:t. ,J=!!.-.E-..!!:=i., .. ..-m ~ . ...-
·S-.8-M:
~-.~ ~
~itl:~!:." !=.::t. :::--
o..~~: --a_I\. = PARK
BB;lCH
L-1.00
Bench and concrete specifications listed below.
o Bench to be supplied by City.
o 28 SF of reinforced concrete
!Proiect ID
The City's Parks and Recreation Department is soliciting proposals from qualified
companies to install a new asphalt pathway (approx. 150 SF) and repair and repave the
existing asphalt pathway with hot aspha lt overlay. The existing asphalt pathway is
approximately 260 liner feet by 4 .5 feet w ide (1,170 SF), located on the northwest corner
of Dante Fascell Park (8700 SW 57 Ave) parallel to Southwest 58 Avenue ..
Asphalt specifications listed below.
E) Repair and repave the existing asphalt pathway with hot asphalt overlay (I, 170).
o New installation of asphalt pathway, approximately I SO SF -30'(1) x 5'(w)
Thomas F. Pepe
121/~/20 16
Note: (bontlraldolr os l7'espoll1lsible {fOD" el(act dimel11sooll1ls of cOll'llclrete so tlhlat ii'llIi~'l1
SlUIpport§ the li"eqlUlo6"edi iblell'llch. Work activity 85 8omotecll to tihle ihlolUlf(s {from 1:0@
AM thli"oLIIglhl 5:00 ~ 01111 MOl11day throllJlgh IFrodiiP.}?
m. ~Bte locatooll1(s):
The project is located within the City at four (4) locations:
I . fPlroject A : South Miami Park, located at 4300 SW 58 Avenue, South Miami, Florida
33143
2. i?rojed~: Brewer Park, located at 6300 SW 56 Street, South Miami, Florida 33143
3. I?>roject C: City Public Right-of-Way, SW 42 Terrace and SW 62 Court
~ Permit application for this projea must be filed through the Pub lic W orks and
Engineering Deportment, located at 4795 SW 75 Avenue, Miami , Florid a
33155.
4. I?roject 10: Dante Fascell Park, located at 8700 SW 57 Ave., South Miami, Fl o rida
33143
Tho mas F. P epe
12114/2016
DV. Plans and Specifications:
Respondents shall refer to lEXHIBDT 8, uS cope of Serrvices, Attachment IS, "Plans
and Specifications" for all three (3) projects.
V. Project Duration
The current estimate to complete construction of all three projects is 90 calendiill.&'" days
from issuance of Notice to Proceed.
The standard manufacturer's warranty information must be provided in writing for all
equipment being proposed, including installation by an authorized dealer.
INi@TE: A. lP>eriol1'Maurnce IiUi"ildl ~a1?I11l"iHI!lIl1ll1: ~oll\lcdl os NqIUlBredl {for the 'fun 2lmOllDl!1lt off tlhle
IPli"Itlljed
Thomas F. Pape
12114/2016
END OF SECTION
RESPONDENT QUALIFICATION STATEMENT
VARIOUS ASPHALT &-CONCRETE PROJECTS AT CITY PARKS
RFP PR2018·03
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
~ . I. Number· of similar projects completed, ~\-tQ.~t. Ste t.~'(~e"c~
a) In the past S years
In the Rast S year~ On Schedule
b) In the past 10 years
In the past I 0 years On Schedule
2. list the last five (5) completed similar projects.
Thomas F. Pepe
1211411016
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract. Completion Date: _______________ _
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date: _______________ _
Original Contract Price:
Actual Final Contract Price
c) Project Name:
16
Thomas F. Pepe
12114/2016
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
d) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date: ________________ _
Original Contract Price:
Actual Final Contract Price:
e) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion Date: ________________ _
Original Contract Price:
Actual Final Contract Price:
11
3. Current workload
Project Name Owner Name Telephone Number Cont,"act PI"ice
~\It.M~ ft\-L-oJ.,.f. C4.""J.!A!.. to~~-\-. 1o~-1"'\ -~o~o 1 (10.000
c.ot 0 'I\\(l \ ~'(\lIt c. \\--"f ,f ""-'-V~f\.~ i \-( ... qll -~"S"l( t l -; 5 \ b4l)
4. The following information shall be attached to the proposal.
a} RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational char:t-
c) Resumes of proposed key project personnel. including on-site Superintendent.
5. list and describe any:
a) Bankruptcy petitions flied by or against the Respondent or any predecessor organlz.ations.
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. .. fto..\f. ":Iu. ~H~c..l.\td.. .('t -tty t\l'\'U I
Thomas F. Pepe
tVI4'2016
Name of Agency:
Address:
Telephone No.:
Contact Person:
18
Thomas F. Pepe
1211412016
Type of Project:
Narne of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
19
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
VARIOUS ASPHALT & CONCRETE PROJECTS AT CITY PARKS
RFP PR2018·0J
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this
Solidtation to be used on this project irthey are awarded the Contract.
Classification of Wol"i< Subcontt"actQI" Name Addrc'is Telephone, Fax &
Email
Landscape I~t) I S~ \f ~t'lfo( M. fo" ()1I ~(:,\v ~Ie.s
Electrical
Irrigation
Paving
Utilities
Excavation
Other:
This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFP"
Thomas F. Pepe
1211"'2016
END OF SECTION
20
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
_---I{\~\~~):::r.O'~Y\:..:~~Ir-o:::.-.........:~~..l.\ ~>\~I!\~a::.--t ______ being first duly sworn. deposes and states that:
(I) ~hefThelG)arethe --::-\)~VJ~V\~t..!.r_~_:--:: ___________ _
~ner. Partner. Officer. Representative or Agent) of
f\V\\t ~ & .... I).) e I \ V\ c . the Respondent that has submitted the
attachid Proposal;
(2) ~hefThey isfare fully Informed concerning the preparation and contents of the attached Proposal 'i?nd ohll pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers. partners. owners. agents. representatives.
employees or parties in interest, Inc!uding this affiant, have in any way colluded; conspired. connived or
agreed. directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham
Proposal in connection with the Work for which the attached Proposal has been submitted; or to
refrain from Bidding or proposing in connection With such Work; or have in any manner, directly or
indirectly, sought by agreement or collusion. or communication. or conference With any Respondent,
firm, or person t6 fix any overhead. profit or cost elements of the Proposal or of any other
Respondent, or to fix any overhead, profit. or cost elements of the Proposal Price or the Proposal
Price of any other Respondent or to secure through any collusion. conspiracy. connivance, or unlawful
agreement any advantage against (ReCipient). or any person interested In the proposed Work.;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy. connivance. or unlawful agreement on the part of the Respondent or any other
of its agents. representatives. owners. employees parties of interest. including this affiant.
ealed and delivered in the presence of:
By:~:::pi~~~c:::.~~ ___ _
Si atu
N-e.}A~!ro ~C\\.,~ •. J'f l.Qy~~\Jih+
Print Name and Title
ACKNOWlEDGEMENT
STATE OF flORIDA
COUNTY Of MIAMI-DADE
On this the 2,1 day of F t \, \'1.1.9" ~ • 20....!.!-. before me. the underSigned Notary Public of the State
of flOrida, personally appeared (Name(s) 0 individual(s) who appeared before notary)
,t\1'J4!\A... S ... \ s;~d,. and whose name(s) islare Subscribed to the within
instrument, and helshelthey acknowledge that he/shelthey executed It.
Thomas F. Pepe
1211412016
21
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF Of ACE:
Thomas F. Pepe
12/1~/2016
EMILV CORTES
Commission 41 FF 239195
My Commission E~pires
June 09, 2019
22
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
I
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 2117.133. Florida State StatUt~ -"A per:son or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal Of 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 pub/ic entity for the construction of repair of a public building or public work. may not submit
bids or propo5;lls on leases or real property to a public entity. may not be awarded to perform Work as a
RESPONDENT. Sub-contractor. sUp'plier. 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. Aorida Statutes~ for thirty six (36) months from the date of being placed o·n 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.
2.
3.
4.
[print name of the public entity]
by . \)..'t~o.~~" '0 ~,,\~,V\J. (.
[print indIvidual's name and title]
for ~~~'t Q. by 0 "E" \ Mm'
[print name of entity sut:imitting sworn statement}
whose business address is \ 0 \ 0 \ S w 25" -to-v
M\(!.I)(\' I CL. 33\\02
and ~f applicable) its Federal Employer Identification Number (FEIN) is 4<)' "?1'~ 1.'11 (If the
entity has no FEIN, indude the Social Security Number of the individual signing this sworn statement:
---------------_.)
I understand that a "public entity crime" as defined in Paragraph 287.J 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 transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrUst. fraud. theft, bribery, collusion, racketeering. conspiracy, or material misrepresentation.
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, wlttt or wi~out 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 mal, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a). Aorida Statutes. means:
(a) A predecessor or succeSl;or of a person convicted of a public entlty crime: or
(b) An entity under the control of any natural person who is active in the management of the entity
and who h~s been convicted of a public entity crime. The term "affiliate" indudes 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
12/14/2016
23
market value under an arm's length agreement, shall bf! a. prima facie case that one person controls
another person. A person who knowingly enters into a joint ventlJre with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
S. I understand that a "person" as defined in Paragraph 287.133 (I) (e). Aorjda Statutes. means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a public entity. or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers. directors. executives. partners.
shareholders. employees, members, and agents who are active in management of an entity.
6. Based on information and belief. the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.)
(' Neither the entity submitting this sworn statement, nor any of its officers, directors, executives.
partners. shareholders. employees, members. or agents who are active in the management of the entity.
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I. 1989.
<
__ The entity submitting this sworn statement, or one or more of its officers. directors. executives.
partners, shareholders. employees, members. or agents who are active in the management of the entity, or
an affiliate of the entity has been charged With and convicted of a pUblic entity crime subsequent to July I,
1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives.
partners. shareholders. employees, members. or agenrs who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I.
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of FlorIda.
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF TH/S FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENT/FlED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 3/ OF THE CALENDAR YEAR IN WHI IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO EN RING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this __ t_, ___ day of--lL....,l;..L[Y.1!i.L>o\-___ -;;-_-'. 20~.
Personally known
OR Produced identification _______ _
(Type of identification)
Form PUR 7068 (Rev.06111192)
Thomas F. Pepe
1211412016
24
Notary Public -State of Fl., ,<lea
My commission expires .) Vt-4 <i, to \ ~
(Printed. typed or stamped commissioned
name of notary public)
EMILY CORTES
Comp',Sslon' FF 239105
Mv Con1mission .xpores
June 09,2019
DRUGFREEVVORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price. quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services. a Bid or
Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process, Established procedures for processing tie Bids or Proposals shalf be
followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program. a business shall:
I)
2)
3)
4)
5)
6)
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.
Inform employees about the dangers of drug abuse in the workplace. the business' poncy of
maintaining a drug-free workplace. any available drug counseling. rehabilitation. and employee
assistance programs. and the penalties that may be imposed upon employees (or drug abuse
violations.
Give each employee engaged in providing the commodities or contractual services that are under'
Bid a copy of the statement specified In Subsection (I).
In the statement speCified in Subsection (I), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid. he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of. or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) bUsiness days
after such conviction.
Impose a sanction on. or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so con vic d.
Make ag faith effort to continue to maintain a drug-free workplace through implementation
of this S In,
As the person authorized t I certify that this firm complies (ully with the above reqUIrements .
. ~. '-". RESPONDENT's SIgnature: +----1II--....Y;=:....;-"-~~:...:..=::....:.....----
Print Name: i\\e..)q .... ~YO ~o..tHI.\.6..l
Date: '). .... L.. L. -\ ~
Thomas F. Pepe
12114'2016
2S
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY Of SOUTH MIAMI
We, he e ~ bv 0 " e \ \ '" (. . . (Name of CONTRACTOR). hereby acknowledge and agree that as
CONTRA TOR (or the Various Asphalt" Concrete Projects at Cit, Parks as specified have the sole
responsibility for compliance with all the requirements of the federal Occupational Safety and Health Act of 1970,
and all State and local safety and health regulations. and agree to indemnify and hold harmless the City of South
Miami and N/A (Consultant, if any) against any and all liability. claims. damages. losses and expenses they may
incur due to the failure of (Sub-q:mtractor's names):
to comply with such act or regulation.
BY: l\\t,)(ly\ ~m 'P(1.\ s\' .. j.l
Name
&t~\dc.'A ~
Itle
Thomas F. Pepe
12/14/2016
26
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LI$TINGS
The person. or entlty. who is responding to the City's sollcltadon. hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management SerVices,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAl EXCLUDED PARTiES and COMPlAINTS VENDOR
LISTINGS". .
If the Respondent's name Does appear on one or all the "Ustings" summarized below. Respondents must "Check
if Applies" next to the applicable "listing." The "listings" can be accessed through the following link to the florida
Department of Management Services website:
hup:/Jwww.dms.Dl).fIorida.com/buslnesLOJ!t!ljltlonslstate Durcbasindvendor infonnatiOnlconyk:ted WSJ)
ended discriminawrx complainoendor lists
~LA(tA TION UNDER PENALTY OF PERJURY
I, f\\tjQ.V\.J..'I'C! ~t~\",-d~hereinafter referred to as the "DeClarant") state, under penalty of perjury,
that the follOwing staterneJjts are true and correct: :&
<I) I represent the Respondent whose name iS~l! br 0 \Ie I h,( . .
(2) I have the (ollowing relationship with the Respond t ~W" e Y" (Owner (if Respondent is a
sole proprietor). Pres/dent (if Respondent is a corporation) Partner (if Respondent is a partnership). Gener,,1
Partner (If Respondent is a Umlted Partnership) or Managing Member> (If Respondent is a limited Liability
Company).
(3) I have reviewed the Ronda Department cI Management Services website at the following URl address:
http://www.dms.myflorida.com!business_operationslstateyurchasing/vendor Jnformationlconvicted_suspended_di
sCrimlnatory _complaints_vendor _lists
(4) I have entered an "x' or a check mark beside each listing/category set forth below if the Respondent's
name appears In the list found on the Ronda Department of Manllgement Services website for that category or
listing. If I did not enter a mark beside a listing/category. it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable tJ If\ '
Convicted Vendor list
Suspended Vendor liSt
Discriminatory Vendor list
Federal Excluded Parties list
Vendor Complaint list
FURTHER DECLARANT SA YETH NOT
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this the.l.l-day of feqa,AY'f . 20-.!L. before me, the undersigned authOrity, personally
appeared A \ (J Condit> esf s' lid c who is personally know to me or who provided the
following identiflcation and who took an oath or affirmed that that helshe/they executed the
foregOing Affidavit as the Declarant. d. ~~/J ~
WITNESS my hand and official seal. ~ trl::::
Notary Public. St te of Florida
NOTARY PUBLIC: E-M\~ ~y\tS
Thomas F. Pepe
IVf4/2016
SEAL
(Name of No Public: Print,
..,....~~==~~~~~;?~1 Stamp or type as commissiOned.) -;":'~:<. -" EMilY CORlES !~~;\ Collll1Hssion # FF 239195
€ •... \. .'E My CommIssion Expires
\~,<",,;r.~§ June 09.2019
"~':."
RELATED PARTY TRANSACTION VERIFICATION FORM
I 1\\l ~ruJ.ro P.>Cl\,>\V\'g . individually and on b~alf of bV\j~cl (,~ ov~ \ 'he.. .
("Firm") h ~ve Name of Representative CompanylVendorlEntity read the City of SOuth Miami C' ity")'$ Code of Ethics.
Section SA-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section SA· I ) With regard to the contract or
business that I, andlor the Firm, am(are) about to perform for. or to transact with. the
City. and
(2) neither I nor any employees. officers. directors of the Firm. nor anyone who has a financial interest greater
than 5% in the Firm. has any relative(s), as defined in section SA·I. who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.c., 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:
_ Of 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 statement in this section (3) shall be based solely on the slgnatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a finaneal 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: --:------:----~-:----~-~-_::_-_:-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 aU City employees and that of all elected andlor appointed city officials or board members. who
own, direcdy or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as (ollows:
(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 statement in this section (4) shall be based solely on the Signatory's personal knowledge and
helshe is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the Immediate family members of elected 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.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City. and that we have not appeared in representation of any third party
Thomas F. Pepe
1211412016
28
before any board. commission or ~gency of the qty within the past two years other than ~s
follows: Qf
neceuary. use a separate sheet to supply addidonal information that will not fit On this line; however, you must
make reference. on the above /ine. to the additional sheet and the additional sheet must be signed under oath}.
X:\Purchasing\Vendor Registration\l 2.28.1 2 RELATED PARTY TRANSACTiON VERIFICATION FORM [3l·doce
(7) Neither I nor any employees. officers. or directors of the Firm. nor any of their Immediate family (i.e •. as a
spouse. son. daughter. parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (Ii) any city employee; or QiI) any member of any board or agency of the City other than as follows:
___________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however. you must make reference. on the above line. to the additional
sheet and the additional sheet must be signed under oath). [while the ethiCS code still applies. if the person
executing this form is doing so on behalf of a firm whose stock Is publidy traded. the statement in this section (7)
shall be based solely on the signatory's personal knowled~ and helshe is not required to make an Independent
investigation as to the relationship by blood or marriage of employees, officers. or directors of the Firm, or ofany
of their immediate family to any appointed or elected officials of the City. or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parentS, children.
brothers and sisters) nor any of my immediatefamlly members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm. or any member of those persons' Immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, oiher than the (oHowing: ______________________ ~----------------____ -------------------Of
necessary. use a separate sh~t to suppiyadditional information that will not fit on this line; however. you must
make reference, on the above line. to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, If the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm. or the Firm he/she represents. as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate famify.]
(9) J and the Firm agree that we are obligated to supplement this V~rlflcation forri'l and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation. , and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parcles who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the CIty's Ethics Code. the giving of any false information or the failure to supplement this
Verificadon Form. may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally. violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury. I declare that I
have rna a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made he above are true nd correct to the best of my knowledge, Information and belief.
Print Name & Title: -'-~",,""~:":"":;---l~~:..u.:~<--__
Date: '). -1.. 'l. -\ ~
Thomas F. Pepe
1211"/2016
29
Sec. 8A-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the ·City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as define<.! 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 Rcommission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personner 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-judidal 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 co the city commission.
(5) The term "departmental personnel" shall refer to the city clerl<, the city manager. department heads. the city
attorney, and all assistants to the city derk. city manager and city attorney. however tided.
(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)(l) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business In which that person or a member of the immediate family has a financial
interest. direct or indirect with the city or any person or agency acting for the city. and any such contract.
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds. anticipation notes or other securities that may be issued by the city through
underwriters or direcdy 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
12114/2016
30
(d) Furtherpi'Ollfb1tlon on tro~, ~ ~ ~, dey.
'No person fndudedin the ter~ defin.ed In ~&raPhs (b)(I)d1rouab (6) and in paragraph (b)(9)shaO..,ter Into
any contract or transact anY business through a firm. eorporatlon. ~shJpor business entity In whlc:h that
person or any member of the Immediate family has a controHIng flnanc:lallnteres~ dh·ect or Indlr~ with ti)e cin-
orany person or ",ncr acting lor the clty.,and any such contract.aveemertt or buslnessenpgement ement<I in
violatlollof this subsecdon shan render the transaction voidable. The remaining provisions of subsection (el wUI
abo be-applicable. fl)thl$~onutboulh ~ted by recItatiOn.
AdcfltiO~. no ~Jnduded In ~ wm deflnedln pata&taph (b)(J)shidl vote on or partidpate In any wa,y in
any matter presented ~ the'city commls$lOn if that persdn has lAy of~ followl", reJa(ionshlps WltI) anyohhe
persoti$. or entldes whtchwould be or rnilht be dlrectlyior 1ndJ~ 'affected by any a~on of the city commlsslo,,:
(J) Oft"er.· dlrector~pal'tnel\of counsel.consul~ employ!!&. fidudaty Cit btri~ or
~)Stodcholder,bondholder. debtor, or creditor. If In any Instance tf1" transactton or mar;ter would affect t/'Ie
person defined Inparaaraph(b)( I) ina manner dlsdi'lc!t from the manner In which It would~ the publk
,enerwb' •. Any person Included In the term defined In paraaraph (b)( I) who has any of the specified reIadonshlpsor
who V@uJ<I C!r Migh(. d~ or Indl~y. realIZe a profttby the action of the .clty commission shall not vote on or
partI~te'ln any way f~ tit_matter.
fE) GI(u.
(I) 0ef1nitJtm. The term Dgift"'shall refer to the transfer ohnythlng of tcOnomlc value._ whether In tlte form of
money. service. loan, traVel. entertainment, ho$pitallty, Item or promise. or In any other form. .wIthQut
adequate and lawful conslderadon.
tiJ Exceptkms. TheprcMslons of paraaraph (e)(I) shall not apply tot
a. ~olltiCal eontribudon$ speelfltally authorized by state law;
b. qIh,s. 6'ori'I ~adva Qr' ~n'lbe""QfOn"s bOU$8hold. Jjnless the persOn 15 a conduit on behalf of a third party to
the deIMity'oI a ilftthat 1$ ptohlbft,edundetparaaraph (3);
c. Awards (or pro(esslonal orcMc achle~
d. MaterlaIsuc:h as books. reports. periodlcals or pamphlets which are solely Informational or of an advertising
nature.
(3JProhlbit1ons. A personctescrlbed In paragraphs (b)(I}through (6) shall neither solicit nor demand any gift. It Is
aI$Q ~WfiJI for any person or entity to of(er,gIve or agree to 8iVe to any person included In the terms deft ned In
~ (b)(I) throU&h(6). Qr"foI"any persQlllnduded In the ~ermsdeflned In parawaphs(b)(I) through (6) to
a~ o.r .. to accept frOm ;mother person or entity. any gift for or because 0(: .
a. An oftldlI public action taken. or to be taken. or which could be taken. or an omission or failure to take a public
a.cdon:
b. A I.<luty performed or to be performed. or which could be perfbrmed. 01' an omission or failure to perfol'm
alesaJdu\y;
<;, Alegal dut')' Violated or to be violated, or which could be violated by any person Included In the term deftnedln
~.(b)(I); or
d, AttIm~ or abSence from a PUblic meeting at which c;flIclal actlOrllstobe t:aken.
(4JD~ Any .,.r~ Ind9d~ Itl me term defined III paragraph$ (b)( I) thJ'l)!JIh. (6) $hall cflScIose any gift. or
series of&ifts frominyone persOI'l or entity. having a valUitln ~ceS$ of$25.00. The disclosure shall be made by
filing a COJ>Y of the disclosure form reqlJirtd by chapter 112. flOrida Statutes, for' "lOcal
officers" with the CIty·clerk Simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary ofSwe.
(0 COfftP"1IorY dltdOlUl'e by employ ... of firm. doItt, bInInea wItIt tile dey.
ShQuld aoyper8on IJicIQd~ In the terms defined In ()lraIraphs (b)( I) throu&h(6) be employed by a corporation.
firm. partnership or business entJtyll) which that petsoi1 or ~ lminedlate family does not have a controllln,
flnandalln~rest, a!\d shollid' the cor~ratlon. firm. partnetshlp or busl/'l_en~ have substantial busln~s
commitments to or from the CIty or'anydty agenq, or be subJect to dlrea r~ladon by the city or a city ~cy.
then the person shall file a sworn statement dlsdoslng such employment and IntereSt with the clerk. of the city.
(I> E:icp/olt4t1on of offldal f'OIItJon prohibited.
No person 1nc1uded In the terms defined In paragraphs (b)(I) through (6) shall corruptly use or attempt to use an
otil'~ to setUre spedal prlvlJeces or exemptions for that person or others.
(b) "~1b1#0(I ,II ~, of C9nfl,dentlol 'nform~'on.
No person Included In the terms defined in parasraphs (b)( I) thrQugh (6) shall accept employment or engage in
any busIDess or professional actlvlty which otle might
reasonably expect would require or Induce one to disclose confldentlallnformadon acquired by reason of an
official position. nor shall that person In fact ever disclose confldential information garnered or gained through an
Thornu F. Pape
I 211 ofIlO 16
31
official position with the city. nor shall that person ever use such information, direcdy or indirect/yo for personal
gain or benefit.
(/) Con(1lctlng employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impair independence of ludgment in the performance of any public duties.
0) 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 cfty 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 emplo~ent, 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 empioyment by any full-time city employee must first be
approved in writing by the employee's department head who shaH maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provIsion of this subsection shall be punished as provided in
section 1·/1 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 Ane 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, Arm. corporation or entity
other than the city. or any of its agencies or instrumentalities. shall file. under oattl. 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 llIed with
the city derk. 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 Invertments.
No person included in the terms defined in paragraphs (b)(I) through (6) or a member of the immediate famity
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain oppeQranees 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,
certiAcate, 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 indirect/yo 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 /las 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 (lnaneiallnterests ;nvolved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
direcdy or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial Interest is defined in this subsection to include. but not be limited to. any direct or
indirect interest in any investment. equity, or debt.
(n) Acquiring finanCial interests.
No person included in the terms defined in paragraphs (b)(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
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.
Thomas F. Pepe
12114/2016
32
(0) Recommending professional services.
No person Included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm. architect or architectural firm. public relations firm. or any other person or firm. professional
or otherwise. to assist in any transaction involving the city or any of its agencies. provided that a recommendation
may properly be made when reqUired to be made by the duties of
office and in advance at a public meeting attended by other city officials. officers or employees.
(p) Continuing application after city Je",lce.
( I) No person included in the terms defined In paragraphs (b)( I). (5) and (6) shall. for a period of two years after
his or her city service or employment has ceased. lobby any city official [as defined in paragraphs
(b)( I) through (6)1 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.
501(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 appfy 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 "direct/yft
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 ciey 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}(I) 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 faces 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)
E.linor's note-Ord. No. 6-99-16BO, § I. adopted 3-2-99. repealed §§ 8A-1 and BA-2 in their entirety and replaced
them with new §§
8A-1 and SA-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions. respectively. and
derived from Ord. No. 634. §§ I (I A-I). I (IA·2) adopted Jan. II. 1969.
Thomas F. Pepe
1211412016
33
PRESENTATION TEAM
DECLARATION/AFFIDVAfT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, shall not be required to pay any registration
fees. No person shall appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this pa~agraph 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, N!~'t.A.vo ~h\\'\~ makes the following
declaration under penalty of perjury:
listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME
1\\t~Cl.~~'< Q ~.\~\\:\!~
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay
any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
In it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below.
Thomas F. Pepe
11I1411016
Print name of entity being represented
END OF SECTION
34
ADDENDUM NQ, #1 ~
~ 't12../ \,CJ •
Project Name: Various Asphalt & Concrete Projects at City parks
RFP NO. PR2018-03
Date: February 14, 2018
Sent FaxiE-maillwebpage
This addendum submission is issued to clarify. supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full (orce 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:
What is the budg,.et for this job~
RESPONSt::
The City's Capital Improvement Program 5-Year Plan includes a line Item amount of $50,000
for the South Miami Park Jogging Trail. The remaining projects in this RFP do not have an
associated line item budget amount in the City's Capital Improvement Program 5-Year Plan.
However, there are other line items such as one in the amount of $50.000 for Citywide Parks
Improvements -Miscellaneous.
QUESTION #2:
Project A: Are signed and sealed plans or drawing by Florida PE required?
RESPONSE:
Yes. Paragraph I on page 37 of the RFP states that "plans" must be submitted (or permitting.
and our City codes require that all plans submitted to the Building Department (or permitting
must be signed and sealed by a State licensed AlE professional.
Page I of4
QUESTION #3:
Project B: Please provide Specifications and Quantities for the Vapor Barrier.
RESPONSE:
The City desires to prevent potential moisture imbalance which can cause flooring failures
over time. ASTM International gives specific guidelines in ASTM E 1745-09 and ASTM E 1643
for the use, installation, and inspection of vapor barriers used under concrete slabs.
QUESTION #4:
Please describe what is required for soil poisoning and provide specifications and quantities.
RESPONSE:
The awarded contractor is required to use appropriate quantlttes I level as well as
environmentally safe and effective solution for pOisoning soil to the city's satisfaction.
QUESTION #5:
Project B: Your rebar request states " length @ 12" ec, which should be '" Diameter and
12' Lengths (#8 rebar). Also you ask #5 rebar which is 5/8" diameter whereas #8 rebar's '"
diameter. Please clarify size and quantities.
RESPONSE:
The awarded contractor is required to utilize reinforce steel #S (5/S" diameter) and install the
appropriate quantity as necessary to produce a finished product to the city's satisfaction.
QUESTION #6:
Project C: Please prOVide Length, Width, Thickness, and PSI's of concrete pad for bench.
RESPONSE:
7' ft. (I) x 4' ft. (w) -28 SF. 4" inch thick and 3,000 PSI
QUESTION #7:
Project C: Please provide type of rebar and quantities for reinforced concreted pad.
RESPONSE:
The awarded contractor is required utilize reinforce steel #S (5IS" diameter) and install the
appropriate quantity as necessary to produce a finished product to the city's satisfaction.
Page 2 of4
I
;,
QUESTION #8s
'ProJect 0: Does the repair of the .isdn, aspllaJt path means millin, exltllJl and then repave'
RESPONSE:'
Yes. The awarded contractor shaH interpret repair Ilndrepave of existing asphalt path as
milling and repave ~hhe existing asp~1t padtway wIth hot "asphalt overlay_
QUESTION #9:
ProJect 0: Oou· the new and old asphalt path connect asa continuation' of exiSting patht If yes,
do You want m. new p~ width tC) be 4.5' to m~tch theextsdng or 5' as proposed' PJease 'Clarify . .
RESPONSE:
The pi ts for ·the new and old pathway to connett ~he new pathWay will extend Into the
park. 'The new pathway shall proceed a$ planne()-30' (I) x 5' (wJ~t this time.
QUESTION flIO:
Project D: Is the new path independent of the existing path?
RESPONSE:·
The new path. which leads Into the pilrk. will bean extension of the existing walkway padl.
QUESTION fill:
Exhibk.3 SectiOn 5: States the Entire work for all three projects whereas Exhibit 4 has four
pro)ects listed. PI.,e d Cll1fy.
RESPONSE:
There Is a typo. Exhibit 3. Section 5 should read.as foUc:wr.
The ENTIRE WORK for all four projects shall be completed. In fulL within 90 calendar
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.
Page30f4
QUESTION #12:
Project D: Is a 6" stabilize/compact limerock sub-base required for the new asphalt pathl
RESPONSE:
The awarded contractor is responsible for 2"·3" inches of stabilize/compact limerock sub-base
for the new asphalt path. It's the city's goal to match the level/depth to the existing asphalt
surface.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page" of"
Bid Bond
CONTRACTOR:
(Nnl11i1. leglr/.\·fIr(l/S ami (I(/dl"l!.~f)
Anjed Group, Inc.
10101 SW 35th Terrace
Miami. Fl 33165
OWNER:
(Nmlle. legal statllS ollli oddrass)
City of South Miami
6130 Sunset Drive
South Miami, Fl 33143
BOND AMOUNT: $ 5%
PROJECT:
Document A310™ -2010
Conforms wilt! The American Institute of Arcliltects AlA Document 310
SURETY;
(Name, II/gill .rr/IIIlS mid prillci[1t11 pinel.! (lflmvil/e.\~<;)
The Ohio Casualty Insurance Company
175 Berkeley Street
Boston, MA 02116
Five Percent of Amount Bid
This document has Important
legal eon8$quences. Consu!la~on
with ail attorney Is en<:o ura ged
with respect to its completion or
modification.
Ally singular referenoe to
Contractor, Surety, o.V!1er or
other party shall be considered
plural whGre applicable.
(Nantc.llXatfolloraddr.:.ss. olldl'rojl!ct J/III1,bc/~ I/al/)')
Various Asphalt and Concrete Projects at City Parks, RFP #PR2018-03
Th~ Conll':lClOr :Iud Sure~' :lrc bound to Ihe Owner in tllo lIt1lount sct forth above. for tIle payment of which IbcControCtof lind Surety bind
tholllselves. their heirs. ¢~~\IIotS. administrators. succeSSOfS alld ossigns, jointly and sevcrolly. os provided hcrein. Tlte conditions of Ibis
Bond lifO such Il1:1t iflllc OWller 3CCCptS die bid of the Controator willlill tho rime specified in Ihe bid documents, or within such ,illlo period
as may be agfeed to by tllC O"mer 1I1ld ContrQctor. and the Comractor eilher (I) enters ililO a cOlllrnct \\ith the Owner in ;lccord3l1CO witIl
tlle terms of such bid, and gives stich bond or bonds liS 1lI0y be $pccilied illlho bidding Of COlllm~1 OoCtlllleills, wjlb a surety admitted ill
Ihe: jilrisdietion of the l'rojc¢t and olhen\ise actcptllblc to the Owner, lor Iho tailllful perfonmlllce Ot'S\IIl!l Contruclllud for the pwnipf
paynl(:Ilt of labor and material fumisJlcd illllie proscClltiollthercot; or (2) pays to Ille Owner the difference, not to clI;cccd the ;lIlIOIIll! of
thig Hond. betll'COIl tile amount specilied in said bid and stich I:lrger OIllOUllt (or whicb the Owner llIay ill800d fuith contract witb :lllother
purty ttl J1eTlimnlhlJ won: cllvered by )laid bid, tben tbis Ub1iglllioll lIhall be lIulI :md vuitl. IIlherwise ({, n:main in HIli Iiln:" und elle.:I, n'e
Surety hereby wolves lillY nntice IIf un ·agreelllent belween Ibe OWner und CQlllruclllr 10 extend the linle in w!lieh tl,e Owner I1IUY lIcc:epllhe
bid. Wuiver of notiCe! by tht: SurelY sllan Illllllpply to lillY ~lell5illll exceeding :Ox!)' (iiO) days in the aggregale beyoud the lime lilr
n.cteplonclS ()I'bid~ :;pecilied illlhc biddllcullIcnls, und Ihe O\"ler lind CUlltlllctur ~II:III ubluin the SurelY's cllnsellililr un eXlclIsill1l beyond
sIxty (60) days.
If this BOlld is issued in cOllncction with 1\ SlIbcOllllllclor's bid to II Coutr:lctor.chc tcnll Conlra~tor in Ihis DOlld shall be deemed to be
Subcontractor and tllC ICrlll Owner shllJl be dcclUcd to be COl1troclor.
When Ihi~ Dlind has been lliminhed l\l CUIlII')' with a slalUtlllY ur utller legal requiremenl ill tIle Illcaliun III' the PrJ~ecl, lIny prm'i~i(l!l iii
ihi:; DUlld conllicting \\ilh :lUid 5illtUtlll'Y or legal requiremenl shall be deemed deleted herefflllll unu prtl\'isilln~ cllnlilmting 10 wl:h
I>lalulol)' or other legal reqllirenllml ~h(lll be deemeu illClIl'Jlllfllleu herein. When lI(l l'bmi~lled, th~ intent is Ihallhl:; nnnd xha!! be cOI\~rtlcd
us a ~Ialutllry bond :mu nutus 0 CllIllmllJllaw bUild. . .
SiSI lind ~Icd tllis 22nd d3yof February. 2018 -(S(!U!) .
The Ohio Casualty Insurance Campan
By:
ml/e)BreH Rosenhaus Attorney-in-Fact
S-0054fAS 81t 0
THIS POWER OF AnORNEY IS NOT VALID UNLESS IT IS PRINTED ON RE08ACKGROUND_
Tltifi Power of ~ltorlielilmits llie 'a!;te of those !llined Iiereln. and they heve no llIfhorUy to' bind the Company except in the manner and to the extent herein stated.
Certificate No. ~5
Liberty Mutual Insurance Company
The Ohio Casually Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY tHESE PRESENTS: Tllal The Ohio Casoahy Insurance Company Is iI cotpOt<ltion duly Organized under Ihe laws of Ihe SllIle oj-New Hampshire, that
libilrty Mulual Insurance. Coinpan~ is a corporation .duly ciigariited under Ihe laws of Ihe Siale of Ma$68Chus~lts, ani! West American Insulance Company isa corporation duly
organized ui1~erUI!! laws 01 theSlafe'of Indilina(lIerl!iil GolleCtlvely caUed Ihe·Comp8I1ies·). pursuanfto.ncfby authoriJy her.ein set fotlll. dQes hereby name. constaule and appolnl. Breit Roserihaus .' . .'
aU of tM city of lake Worth • State 01 •. FL .' each individually if !here be mOre than one named. il$lrUeand lawful attorney-in;/aCl to make, execule, s.eal, acl(nowIedge
aM ~~V!l.r, for ,and oil its behalf as surety and as, ilS. at:tood deed. aily and allunder\akings, bOnds, recognizances &ndolher surety. obligations. In pursuance of lhese presents and shall
be a,s.blnding UpQFllhe Companies as if theyliave been dUly signed by Ihe Piesidenl and attested by Ihe secret~ of I~e Comi>l!nies in. their own properpersoos.
INWITN~SS WHEREOF. this Power 01 Altorney.has ·~en subscribed by an aulhorized offICer cir official 01 lite. Companies and the corporate seals of the CompanIes have been ~ffiXed
thereto thls~day of NOvember ,.2017. .
The Ohio Casually Insurance Company III
Liberty MuluallilsurCince Company . Sf
we/;Imerican Insurance Company .~
m By: ~ ~
-E.STATE OF PENNSYLVANIA 58 David M. c~?A;;;&tanl Seclctary lij
t1~ .. COUNTY OF MONTGOMERY . C
w_ ~o e Q On this ~dayol NOIIember : 2017 • before me personally appeared David M.·Carey, who acknowledged.himselllO be !heAssI.stanl Secre~ of Ul)erly MuiuallnsuranCl1 U ~
. U q,) Company. The Ohio casualty Company. and We~t American Insurance Company. and that he. as such, being authorized so to -do, e~ecu Ie the loregoing Inst/ument for lhe plKposes >. (J'J oj .. therein contallied by signing on behalf of the corporations by himself as it duly aulhorized officer, . E ~
j":>': 'iN WITNESS WHEREOF. I ttave heleunto subSGribed my name and affl,l<edmy nolarial seal at King of Prussia. Pennsylvania. on the i1<!y and year tits/. above written. 0
-1 ~'1t'" P.AS,"f.'. C9~_"!l!~THOFP~'~!...v~~!A ~ d. -1--11 ~~
-:1:1' <!' ",OHWe.. I( Ifola<\lll 5<1... .~ . ~ 'O.;j
c·-;; /!! ~ ~~ ,. Ttr,loa Poslela. Nola'Y PuIi6c By: -.------. 's. " ,g. e Uppa, "'.ricnfwp .. Monlgomosy'Cilunly Teresa Pastella. Noiary PubliC ~ C
.!~.·"'O· My CO)!NnlssIM E.pits$Mard> 28.2021 0$ e~
",.",IWI. P ... nS)!v ..... A._elk", .. NulNiitc oS' a.~ C:.l!' This POwel of Attorney is made and executed pursuanl to and by authority of the following By·taws and Authorizalion$ of The Ohio Casually Insurance Company. LlberlV Mutual.! Q
. .Insurance COIlIjlany, .and Wltsl American Insuranc!! CO'mpany whIch resolutions are now In lull force and effectre"ading as fOllows: ~ ~ ~ 1. ARTICLE IV -OFfICERS -: Section 12. POWi!r of Marney. Any officer or other off1cial of the Corporation authorized for that purpose in writing by the Chairman or the President. and sUbj~ '0 ~ ~ .! 10 such Umitation as the Chairman Or the President mal' prescnbe. shall appoint such attome~-jn-facl, as may be ne6essaiY 10 acl in behalf of the Corporali.on to make, execute, seal; ~ *
o :5 aCknoWledge arid derIVer as surety any and all undertakings. bonds, recognlzances and other surety obligations. Such attorneys-in-fact. subject to Ihe limilations set foM in their respective ;g.! e Ii .po\1!ers of aUarn!lY. sllall havEi" rull power 10 bind lhe Cotjloration by their signature and execulion of I1llY such instAlments and 10 attach thereto the sea! of the Corporation. WIlen so iii 41 5 .'tV. :execUled. such instruments shlill be as binding as if signed by Ihe Presldenl and slIesledlo by Iha Secrelaty. Arifpowe"r or aulhority granted 10 aliy represenlative or allomey·ln-tact under . > .!J
:; . ~ : lhe provisions of \hIs article may be revoked al any time by the Board, Iha Chairman, the President or by the officer or officers granting s.u~h power or aulllority. ~ ~
~. g ·ARTICL.E XHI ~ Ex~ of Conllacis -. SECTION 5. S1i~ety Bonds and U.ndertakings. ~Y officer of \he C~pany 8ulhorized for \/lat purpose.in wrding by the chairman or the presldenl,s ~
>. ! . an~ subject to. sucl1 fimllallons as lhe c/!aJCm8n or lhe pr~deF)t may presCIlbe. shall apPoInt such. allomer.;-In-fact. as may be necessary 10 actin behalf of the Company 10 make. execute. ~ ~
I).'; .. ~I. acknowledge anil de6ver as surety any and aD undertakings, bonds, recogruzanceS and olher surety obligations. Such attorneys-in-fact subject to the limitations set forth in tIleir c ~
Z u .respeclive·powelS ()/ aUorner,Shanhave fuR power 10 bind Ihe Company by their s1gnatuie and eXE!Cutio~ 01 any such instluRients and 10 attach Iherelo the seal of the Company. When so 8 ~
.8l1l!culed such instruments .sIIali be as binding as if signed by \I:Ie president sod all~sled by the secretary. 0 ~
... ' .' . . '. .' ..---
.CertlflCate of Designation -The Presi~eo(of tile Compall),; acting ptJi'StJant./olhe Byfaws of tOe Company,aulllorizes.David M. Carey. AssislantSecrelary to appOint such allorneysoin-
(ac;i as may 1<11 necessary 10 act on b!lf1alf of It1e Company 10 make, execUle. seal, acknowfedgo arid delivi!i'8Hurelyany and all underlakings:bOilds. recognizanGeSand olher. surety
obligcitions.
'Auth6riZaUo" ... By unanimous consent 01 the Coinpany~s Board of Qlrectors. the Company consents thalfacsimUe or mechanically reproduced sigm.ilure 01 any aSsistanl secretary of the
Company, Wherever appeadng upon Ii cellifiec,topy of any power of attorney issued by the company in COf1Ilection wilh surety bOnds. shall be. valid and binding upon Ihe Company With
the same 'force a!id effecl'as though manuallyafflJ(ed.
t. Renee C. LlaweUyn. (he IIndel$i~ed. Assistant Secretary. The Ohio C8$IIatty Insurance Company. liberty Mutuall(l$lIlMce CoRlPCIIly.and West AmeriCan Insuranee' ~y do
bereby certily·thatlhe original power of aHorney of which the foregolll\J is a .full, lrue ai1d GI)IllIGI copy of tho Power 01 Attorney executed by said Companies, Is in fu~ force and effect and
has not been revoked.
IN T£STtr.;ONYWHEREOF. r have hereunto sel my hCln<l and affixed the seals of said Companies Ih~ day of -L~""~~jj;".1I't-=4-----' 20~ .
By: --i~'---+~;::"'::-=--:---=---
• $islant Secretary
SSol150
.'
ANJED GROUP, INC.
10101 SW 35 TERRACE -MIAMI, Fl33165
ATTACHMENTS
City of Parkland
6600 University Drive
Parkland, Fl33067
Ronald Wallace, City Engineer
954·646-1197
City of Fort lauderdale
100 N. Andrews Ave.
Fort lauderdale, Fl33301
Herbert Stanley, City Project Manager
954·632·4793
Candas Construction
2830 State Road 84
Fort Lauderdale, Fl33312
Rafael Gutierrez, President
305-799-3030
Pabon Engineering, Inc.
15190 SW 136 Street
Miami, Fl33196
Anibal Pabon, President
305-218-3547
References
Anjed Group, Inc.
ORGANIZATIONAL CHART
Alejandro J. Balsinde
President
l
Alejandro P. Balsinde
Project Manager/Superintendent
1
Operators, Pipe layers & laborers
Alejandro.J. Balsinde
General Contractor, Chief Financial Officer, Project Manager, Estimator
EDUCATION & LICENSES
University of Maine, 2009
Orono, ME· Bachelor In Business Finance
Certlfled General Contraj:tor, State of Florida
CGC1519987
PROJECT EXPERIENCE (Anjed Group, Inc.l
City of Parkland
Christopher Columbus High School, 2005
Miami, FL -High School Diploma
6600 UniversitY Drive -Parkland, Fl Contact: Ronald WaUace -954.646.1197
Project Status: Completed January 2018 Contract Amount: $74,697.00
Installation of approximately 2000 SF of 6" concrete sidewalk. Installation of FDOT Index 6011 gravity wall with 3S LF FDOT
Index 870 Guardrail. Milling and overlay of approximately 1500 SF of asphalt drive way with new striping and signage. Sod
restoration of entire area. .
TamlamiShopplng Center ~ Daear Management Prime: Candas Construction
12000 SW 8th Street -Miami, FL Contact: Rafael Gutierrez -305.799.3030
Project Status: Completed June 2016 Contract Amount: $132,675.00
Installation of approximately 150 LF of 6" PVC Sewer and approximately 120 LF of rain water leader tying in to an existIng
catch basin. Furnish and installation of a new catch basin box with new Yz HP sump pump and 2" discharge piping. New type
D curbing along with asphalt repairs and new striping configuration. New landscaping upgrades including sod and mulch
restoration, installation of {6} large trees and over (250) small trees and shrubs.
Baptist Health South florida Doral Data Center Prime: candas Construction
2100 NW 84th Avenue -Doral, Fl Contact: Rafael Gutierrez -305.799.3030
Project Status: Completed September 2014 Contract Amount: $115,000.00
Complete 1" milling and asphalt resurfacing of approximately 55,000 SF parking lot with new striping and signs. Removal
and replacement of approximately 1,200 LF of type D curb with root pruning. Installation of three new heavy duty traffic
rated water meter boxes on backside of the building.
PROJECT EXPERIENCE (Metro Equipment Service. Inc.)
P0186 -New Gravity Sanitary Sewer to Pump Station No. 200
Miami Dade Water & Sewer Contact: Alexis Valdes -786.299.9008
Project Status: Completed January 2017 Contract Amount: $3,104,785.29
Installation of approximately 1,200 of 42" DIP sanitary gravity sewer and approximately 300 LF of 16" -36" DIP sanitary
grCilvity sewer and DIP force main all Cilveraging about 1S' In depth. Installation of (9) transition sanitary sewer manholes
coated with uroflex. Installation of (2) 24" tapping sleeves one 30" X 24" TEE and (3) valves to divert existing force mains to
new gravity line. Installation of (7) new drainage structures with 15" -IS" HDPE drainage piping. Installation of new
aluminum light post and complete road rebuilding on W 76th Street. Asphalt restoration on entire roadway with new striping
and over 8,000 SF of newly installed concrete sidewalks.
Sanitary Sewer pump Station D·37 Replacement
City of Fort lauderdale, FL Contact: Herbert Stanley -954.632.4793
Project Status: Completed JulV 2016 Contract Amount: $2,825,653.32
Complete rehabilitation of sewage pump house located at 301 Lido Drive Including hurricane rated windows and doors,
repainting of interior, exterior and flat roof, landscaping and other miscellaneous work. complete removal, demolition and
cleaning of existing station. Complete soil and water remediation of existing contaminated area by removal and by using
· .
granular activated carbon filtered equipment to properly discharge clean water back into the ground. Installation of new 28'
deep 12' interior width wet well with agru Hner walls using the caisson method and pouring a concrete tremie plug.
Installation of new valve vault, new terminal manhole and new flow meter vault. Installation of 60 IF of 24N PVC piping to
the new wet well with a 24" plug valve. Rehabilitation of existing manhole by sand blasting the waifs and applying CPP liner
to protect it from future corrosion. Installation of (3) 10" 85 HP pumps with 10" DIP piping and valves with a 12" magnetic
flow meter to connect to an existing 12" FM. Complete new 480 volts 3 phase electrical system InCluding connection to FPL
transformer, (3) new variable frequency drives, control panel, automatic transfer switch, maIn disconnect, FPl meter can,
and other miscellaneous electrical upgrades. Installation of new acoustical louvers to hinder the sound of newly installed
250 kW generator. Installation of new HVAC system with (2) 2.S-ton air handler units with condensers and appropriate duct
work to cool interior up pump house~ APproximately 4,000 SF of 1" asphalt mill and overlay on the roadway with a new
circular asphalt driveway on the property with appropriate pavement mar~lngs.
Mechanical Engineering Services for Lawrence & Riverview Storm Water Pump Stations
city of Miami, FL Contact: Pedro Alvarado -305.416.1220
Project Status: Completed June 2016 Contract Am.ount: $1,426,324.00
Installation of new 30", 20,000 GPM axIal pump at Lawrence Storm Water Pump Station with a new 200 HP motori new
electrical system to power pump and stand by generator. Installation of (2) new 36", 35,000 GPM axial pumps at the
Riverview Storm Water Pump Station with (2) new 400 HP motors; new electrical system to power pumps, existing trash
screen and stand by generator.
Simpson Road 30" Water Main
Tohopelcallga Water Authority Contact: Lan Zhou -407.944.5027
ProJect Status: Completed March 2016 Contract Amount: $2,643,1Z9.64
Installation of approximately 5,300 LF of 30" DIP water main including (7) 3D" gate valves, and 320 IF of 8" -20" DIP water
main with valves and fittings. Fusing and installation of 1100 IF of 36" FPVC with a 30" FPVC carrier via Horizontal Oirectional
O(illing under Florida's Turnpike on Simpson Road including tying in at both sides to a 30" WM. Removal and replacement
of concrete sIdewalkS and asphalt restoration on road crossings with pavement markings.
Lift Station ConversIon Upgrade Program A-9
City of Hollywood, Fl Contact: Feng JIang -954.921.3930
Project Status: Completed May 2015 Contract Amount: $632.070.13
Inst<illation of sheet piled cofferdam for installation of new B"inside diameter wet well; new duplex pump station with (2)
20 HP motors. Demolish existing dry well and convert old wet well into a terminal manhole. Installation of new valve vault
with pipes, valves and appurtenances. New complete electrical system with SCADA.
Southeast Storm. Water Drainage Project· Phase 1
City of Dania Beach, FL Contact: Ronnie Navarro· 954.924.3740
ProJect Status: Completed October 2015 Contract Amount: $1,259,000.00
Refurbish the existing Meadowbrook drainage pump station to include replacement of the existing pump/intake/motor
assembly with new 60 HP 24" Angled line Shaft Pump. Other station imprOVements include upgrading the interior
mounted controls and associated electric system inside the building, and provide a new pump house building roof and
doors. Pump station improvements Include the replacement of 250 LF of 30" DIP and slip lining of 900 IF of 30" HDPE
drainage FM with new tide flex valve. Other project improvements include removal and replacement of approximately 550
LF of 24"-48" RCP including two storm culverts on SE 3rd Avenue to the Meadowbrook lake with new headwalls at the
outfall into the lake.
Existing 12" Force. Main Place Out of Service
North Bav Village, Fl Contact: Rodney Carrero -305.756.7171
Project Status: Completed May 2014 Contact Amount: $240,000.00
Installed new pIgging stations inside new concrete vaults for approximately 12,000 IF sewer FM run from North Bay Village
to the City of Miami B each. Cleaned and pigged existing FM. Additionally, subaqueous pipe repairs were required to repair
a broken section of pipe. Disturbed area was fully restored at the completion of the project.
Parlcview Island Rlaht of Way Improvements
City of Miami Beach, Fl Contact: Humberto Cabanls • 305.673.7071
Project status: Compfeted May 2014 Contract Amount: $1,308,133.15
Installation of approximatelv 2,750 IF of 8" DIP WM with services to over 120 new meters with automatic reading
technology and meter boxes; WM has (6) new fire hydrants and (16) new 8~ gate valves. 4" Directional Drill to connect
existing services to new proposed service location. Full island concrete restoration, sod restoration to existing park
including planting four new trees to restore butterfly garden and 2" milling and overlay of approximately 75,000 SF with
full lane striping. Additionally, new parking spaces striped within the right of waV.
Improvementto Force Main Crossing -Intracoastal Waterway
City of Deerfield Beach, Fl Contact: Hlep Huynh· 954A80.4402
Project Stat~s: CQmPI~ted November 2013 Contract Amount: $402,197.03
Installation of approximately 5S0 LF of 14" HOPE via Horizontal Directional Drill. Instailation of 120 LF of 12" DIP sewer
FM and tied in the line at both sides with new plug valves.
NW 71th Way Waterline Replacement -Phase 4
City of Pembroke Pines, Fl Contact: Ricardo Roses· 954.435.6511
Project status: Completed October 2013 Contract Amount: $753,540.15
Installation of approximat~ly 6,300 8" pvc WM with services, new meters aod meter boxes. Also installed 8 new fire
hydrants, 100 LF of 10" WM and 40 LF of 16" WM. Full lane 1" milling and overlav of approximately 150,000 SF with road
striping.
CERTIFICATE OF LlAB~LlTY INSURANCE
m ... t to
may requIre an endorsement A statement on thla certlftcate does not confer fights to the
pJlODUClR
Eastern Insurance Group, Inc.
9570 SW 107 Avenue
Suite 104
INSURED
Anjed Group, Inc.
10101 SW 3S Terrace
COVERAGES
FL 33176
FL 33165
CERTIFICATE NUMBER:Kaa tar REVISION NUMBER·
THIS IS TO CERTIFY TI1AT THE pOLICIES OF INSURANCE LISTED BE!.OW HAVE BEEN ISSUED TO THE INSURED IWJIED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AWf CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VotiICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHO\o\tol MAY HAVE BEEN REDUCED BY PAID CLAIMS.
['t'f: lYPE OF INSURAHCE 'JIm! twvIl POlICV JIUMlIER
POUCYEFF ~g,(~OP LIMITS
X COMMERCIAl, GENERAL lIABIlITY EACH OCCURRENCE $ 1,000,000
r-P CLAlMS·MADE W OCCUR =~JI A -s 100,000
103GLOO19175-00 81112017 8/1/2018 MEDEXP/An~one_l , 5,000 -•.
1-.-.-PERSONAL & AOV INJURY $ 1,000,000
~PlLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000
X POLICY 0 r;rci 0 lOC PROOlICTS -COMPIOP AGG $ 2,000,000
OTHER: $
AU1OMOBIU! LlA8IUTY I s.OMI:SI~~INGLf UNIT $ -
BOOIl Y INJURY (Per p&IaOn) IWYAVTO $ r-AUOv.NED r--SCHEOULED
r-AlITOS I--AUlOS 90DIlY INJURY (pt( ICtidenI) $
HlREDAurOS NON-O~D !~~~Ge $ I--I--AUTOS -S
UMBREUAUA6
HOCCUR ! EACH OCCURRENCE $ r-eXCESSUAlI ClAIMS·MADE AGGREGATE $
I DfD' I RETEIlTION S $
WORKERS COlPENSA1lOH I ~~~TUTE I I~~'" AND EMPLOYERS" LIAJJIU'IV V I N
IWY I'ROPI!IETORIPAATNEM;XECUTIVE 0 HIA E.l. EACH ACCIDENT $ OFFICERMEMBCR EXCLUDED? --
IMIncI~ In NI4J E.L DISEASE· EA EMPLOYE S
~l'c:',*\1"c1>ERATIONSbelow E.L DISEASE· POLICY LIMIT $
DI!SCRlPnoN OF OPEAAnoNS I LOCAlioNs I VEIlICU!S (ACORD 101, "' __ 1 Ramo,to Sclledule, may be ollot,," If _ .... c. 1ft ~ulr"')
CERTIFICATE HOLDER
ACORD 25 (2014101)
INS025 (201401)
CANCEl-LA TION
SHOULD ANY OF THE ABOve DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOnCE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AU1HoRIZED REPREUNTAltVE
David Lopez/ANA ~ :s "" :;;:p ~
® 1988·2014 ACORD CORPORATION. All rlghra reserved.
The ACORD name and logo are registered marks of ACORD
Local Busi ness Tax R3cei pt
Miami-DadeCounty, State of Florida
~THIS IS NOT A BILL -00 NOT PAY
7229881
BUSINESS NA M EllOCA flON
ANJED GROUP iNC
10101 SW 35 TER
MIAMI, FL 33165
OWNER
RECEIPT NO
RENEWAL
7515001
SEC. TYPE OF BUSINESS
EXPIRES SEPTEMBE·~30, 2018
Must be displl\yed at plaCe of business
PU,~u8nt to Cou·l\ly Code
Chapter 8,0. -Art. 9 & 10
ANJEO GROUP INC
CIO AlEJANDROJ BALSINDE PRES
196 GENERAL BUILDING·
CONTRACTOR
PA YM ENT RECEIVED
BY TAll COLLECTOR
15.00 08/16/2017
Worker(s) CGC1519987 0208-17-004394
Thi s Local Business Til>( Rlceipl orlyconDrmspayrren! a lhe Local 8usI ness Till(. The Rlceipt i$ net a license,
pertrit, or aC8f1i"c8\ion 0{ the hordef's quaWcations, to do 1Jusj1leSS.lioIder Iru$l COIll'Iy with anygowrlltlliOfal
or~regulalayl8Wsandrequirerrent$Wljch&pplylothebusjnes&
The RB:BPT NO abow II1JSt be dispayed on all coorrercia/ whides -Mi9lTl--oade O:xle Sec; 1Ia-275.
/Q" more infarretion. vist www trisrTidade.goo.dlaxcdiector
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
2601 BLAIR STONE ROAD
(850) 487-1395
TALLAHASSEE FL 32399-0783
BALSINDE, ALEJANDRO J
ANJED GROUP, INC.
10101 SW 35 TERRACE
MIAMI Fl33165
Congratulations' With thi s license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers , from boxers to barbeque
restaurants, and they keep Florida's economy strong .
Every day we work to improve the way we do busIness in order
to serve you better. For information about our services, please
log onto www.myfJoridalicense.com. There you can find more
information about our divisions and the regulations that impact
you, subscribe to departmeni newsletters and learn more about
the Department's initiatives .
Our mission at the Department is : License Efficiently, Regulate
Fairly. We constantly strive to serve you belter so that you can
serve your customers. Thank you for doing business in Florida,
and congratulations on your new liC(!nse!
DE;TACH HERE
.:.:. ..
::.~---~ ..... -,...---:-...... ~ ...
.~-~. ~i ~~h~.:"4IlfJ_S .. ~:.:
.' L t7.P726opoo.179
RICK SCOTT, GOVERNOR JONATHAN ZACHEM , SECRETARY
'. ~ ____ '_"'_""'"'.''' • ___ 4 .~ _, ___ • __ ._ • __ ........ _______ ~. ~. __ ....... _._,, __ .,._ •• ~ •••• _ •• ,,,._._ •• _.~ ____ ._.
. ~TATE OF FLORIDA .'. . .
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
. CONSTRUCTio~ iNDUSTRY LICENSING BOARD . ". . .
.\:
. I
, I
.... \ \ \ ,
. : .. \ .\.,.~ ~
JIMMY PATRONIS
CHIEF FINANICAL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
•• CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW··
CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the ind ividual listed below has elected to be exempt from Florida Workers' Compensation law .
EFFECTIVE DATE: 7/27/2017
PERSON: BALSINDE
FEIN: 453736727
BUSINESS NAME AND ADDRESS:
ANJED GROUP INC
10101 SW 35 TERRACE
MIAMI FL
SCOPE OF BUSINESS OR TRADE:
Licensed General Cont rador
EXPIRATION DATE: 7/27/2019
ALEJANDRO J
33165
IMPORTANT: P ursuant \0 Cha ~er 440 .05(14 ), F.S., an officer of a corporat ion who elects exemption trom th is chapter by fi ling a certificate of election unde r
this section may not reo:Jver be nefits or compensation under th is chapler. Pursuant 10 Cha pt er 440.05(12). F .S ., Certificates 01 election to be exempt.. apply
on ly within the scope of the bUS in ess or trade li ste d on the notice of elect ion 10 be exempt Pursuant to Chapter 440.05(13), FS., Noti ces 01 election to be
exempt and certificates of election to be exempt sha!! be subj ect 10 rellOCat io n if, at any time after the flUng of the notice or the issuance of the certifica te , the
person named on the noUca or certificate no longer meets the requi rements of Ihis sect io n tor issuance of a cert ifica te The departmen t shall rev oke a
certificate at any time for failure of the person named on the certifica te 10 meet the requ iremen ts of this section .
DFS-F2-DWC-2S2 CERT IF ICAT E OF ELECTION TO BE EXEMPT REVISED 06-13 QUESTIONS? (850 )413-1609
2/2212018
Detail by Entity Name
Florida Profit Corporation
ANJED GROUP, INC.
Filing Information
Document Number
FEI/EIN Number
Date Filed
Effective Date
State
Status
Principal Address
10101 SW 35 TERR
MIAMI, FL 33165
Miilli.ng Address
10101 SW 35 TERR
MIAMI, FL 33165
P11000094924
45-3736727
11/01/2011
11/01/2011
FL
ACTIVE
Biglstered Agent Name & Address
BAlSINDE, ALEJANDRO J
10101 SW 35 TERR
MIAMI, FL 33165
Officer/pI rector Detail
Name & Address
Title P,S
BAlSINDE, ALEJANDRO J
10101 SW 35 TERR
MIAMI, FL 33165
Annual Rep...2!:Th
Report Year
2015
2016
2017
Document Images
Filed Date
04/28/2015
04/28/2016
04/26/2017
Detail by Entity Name
04/26/2017 •• ANNUAL REPORT I View image in PDF (ormat
~----------________ -J
04/2B12016 .• ANNUAL REPORT View image in PDF formal
------~----------~
04/28/2015 .. ANNUAL REPORT View image in PDF format
------------------~
0411712014 .. ANNUAL REPORT View image in PDF format . __ ... _-_ .......
04/12/2013 .. ANNUAL REPORT View image in PDF format _
--~ .... --~
04/2512012 •• ANNUAL REPORT View image in PDF format .
-.. _--_._---... -.-----~
11101/2011 •• Domestic profit View image rn PDF format
http://search.sunbiz.orglinquiry/CorporationSearch/SearchResultOetail?inquirylype:EntityName&directionType:lnitial&searchNameOrder=ANJEDGR .. 213
2017 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P11000094924
Entity Name: ANJED GROUP, INC.
Current Principal Place of Business:
10101 SW 35 TERR
MIAMI. Fl 33165
Current Mailing Address:
10101 SW 35 TERR
MIAMI, FL 33165 US
FEI Number: 45·3736727
Name and Address of Current Registered Agent:
BALSINDE. ALEJANDRO J
10101 SW 35 TERR
MIAMI, Fl 33165 US
FILED
Apr 26,2017
Secretary of State
CC6379546816
Certificate of Status Desired: No
The above named entily submits Ihis statement tor the purpose of changing its registered office or registered agent. or both. in the State of Florida.
SIGNATURE:
Electronic Signalure of Registered Agent
Officer/Director Detail :
Title
Name
Address
P,S
BAlSINDE, AlEJANDRO J
10101 SW 35 TERR
City-Slate-Zip: MIAMI Fl 33165
Date
I hereby C8II1fy that the information indicatad on this reporr or supplemental raport is we and ace"",le end that my electronic signlIIure shall have the ssme lagal eHect a. if made undar
oalh; that I am an offICer or director 0I1/1e cotpOr8Iion or the receiver or trustaa ampowered to e.ecute Ws report as (aquired byChapler 607. Florida Statu/as; and that my name appa81.
above. or on an altschment with sO other 111<9 empow.",d.
SIGNATURE: ALEJANDRO BALSINDE PRESIDENT 04/26/2017
Electronic Signature of Signing Officer/Director Detail Oate
Member Name
Bid Number
Bid Name
City of South Miami
RFP-RFP PR2018-03-0-
2018/SK
VARIOUS ASPHALT &
CONCRETE PROJECTS AT
CITY PARKS
3 Document(s) found for this bid
17 Planholder(s) found.
447 NOTIFIED
Supplier Name
Canyon Construction, Inc.
ConstructConnect
Construction Aggregates Corp
ITSeNices
Construction Journal, Ltd.
Cunano Builders Corp
Daycoven Constructions lLC
Excel4lLC
Firm Builder LlC
HG Construction
Kalex Construction &
Developement Inc
Legacy Products Inc
M & M Asphalt Maintenance,
Inc. DBA All County Paving
Recreational Design &
Construction, Inc.
RJ Spencer Construcbon
The Paving lady
Weekley Asphalt Paving, Inc.
williams paving co., inc.
Address 1
6538 Collins Ave
3825 Edwards Rd
4193 Bramblewood loop
400 SW 7th Street
16259 sw 81 st
13035 SW 132 Avenue
P.O. Box 420164
2054 Vista Park Way
7570 SW 77th Avenue
11401 SW 40th St
3791 SW Pierre St
1180 5W 10th Street
3990 N Powerline Road
20535 NW 2nd Ave # 202
1000 W Industrial Ave
20701 STIRLING ROAD
11300 NW s River Drive
City
Miami Beach
Cincinnati
Spring Hill
Stuart
Miami
Miami
Kissimmee
West Palm
Beach
Miami
Miami
Topeka
Delray Beach
Fort
Lauderdale
Miami
Gardens
Boynton
8each
PEMBROKE
PINES
Medley
State Zip Phone Attributes
1. Hispanic Owned
2. Small Busi ness
3. Woman Owned
Fl 33141 3057638869
OH 45209 8772271680
FL 34609 4078820288
Fl 34994 8007855165
1. H'lspanic Owned
2. Small Business
FL 33193 7862583719
FL 33186 3052354340
1. African American
Fl 34742 4074808976 Owned
FL 33411 5614800288
FL 33143 7868458999
Fl 33165 3055138484
KS 66617 7859920367
FL 33444 5615880949
Fl 33309 9545663885
1. African American
2. Small Business
3. Woman Owned
FL 33169 7864435346
Fl 33428 5615722600 1. Hispanic Owned
Fl 33332 9546808005
Fl 33178 3058821950
MIAMI DAILY BUSINESS REVIEW
Published Dalt;: except SallJrday. Sunday nnel
l"llOi HctiUays
Miami, MJarnl-Dade Counly. rloridA
STATE OF FLORIDA
COUNTY OF MIAMI·DADE :
Before the und er sig ned aulhority personally appeared
JOHANA OLIVA. who on oo th says that he or she is Ihe
LEGAL CLERK, l egal Nellees 01 Ihe Miami Daily Bllsil1ess
Rsyiew flkJa Miami Re Vie w, B dafry (excepl Sa lurday,
Sunday and Legal Holidays) newspaper, published at Miami
in Miami·Dade Co unty, FloridA : tha t th e allached copy of
adv8rtiseme nt , being a Lega l Adverlisement of Not ice in Ihe
maiterof
erN OF SOUTH M IAM I · RFP PR2018·03
in the x.xxx Court
was publlshad in said news pape r in :ne issues of
01123 /2018
Amant further says tha i l11e sa id Miami Daily Busin~ss
Re view is a newspaper published 81 Miam i, in said
M'lami-Dade County , Florida and thai Iho said newspaper has
herelofofe been con lin uousiy publ ished "In sa Id r .. 1iBm i -Oade
Coun ly, Florida each day (exC€pl Saturday, Sunday and
legal Holidays) and has been entered as se cond class nW11
maite ( at the post office In Miam i in said Miami ·Dade Counly,
Ftorida, lo r a period of one year next preceding Ihe r:rsl
publication of the attached copy of advert isemen t: an d affiant
further says that he or she has neilher paid nO r prom 'lsed any
person, ~r m or corporation any discoun t, rebate, commis si on
or refund for tile purpose of securing Ihis advertisemenl for
pub/iealion in Ihe S<l id newspaper,
JOHANA OUVApersona/ly known to me