HACC Dante Fascell BidProposal Submittal Checklist Form
Drainage Improvements at Dante Fascell Park
RFP #PR -tai 5 -16
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified in an addendum to this Solicitation. The response shall include the following items:
II IUUi 1111111LQLIVI] dI IU 111bUI di K.0 VVLU(I ICI 1" LA" fat t L
x Bid Form EXHIBIT 3
x Signed Contract Documents (All — including General Conditions
and Supplementary Conditions if attached) EXHIBIT 4; 5 & 6
Performance and Payment Bonds EXHIBIT 7 & 8 *Performance
Bond: Required as a Condition of Award and Prior to the
Contractor Receiving a Notice to Proceed. Not Required
with Submittal
x Respondents Qualification Statement
x List of Proposed Subcontractors and Principal Suppliers
x Non - Collusion Affidavit
x Public Entity Crimes and Conflicts of Interest
x Drug Free Workplace
x Acknowledgement of Conformance with OSHA Standards
x Affidavit Concerning Federal & State Vendor Listings
x Related Party Transaction Verification Form
x Presentation Team Declaration /Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
END OF SECTION
Page I I of 74
Thomas F. Pepe
02-23-IS
EXHIBIT 2
Insurance & Indemnifiration Requirements
1.01 Insurance
A. Without limiting its Iiahimy, the contractor, consultant or consulting firm (hereinafter referred to as
-FIRM" with regard to Insurance and Irrderrrnificamn requirements) shall be required to procure and
Fn�irktain at its own expense during the life of the Contract, insurance of the types and in the minirntim
anrounts stated below as will protect the FIRM, from €lairns which nray arise out of or resuh from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
Ehc FIRM or any sub - contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of €hem may be liable,
B_ No insurance requ +red by €he CITY shall be issued or written by a surplus lines carrier unless authorized
in wrking by Elie CiT'r' and such authorization, shall be at the CITY's sole and absolute discretion. The
FIRM shaIJ purchase insurance from and snap maintain the insurance with a company or tornpanies
lawfully authori -4ed to sell insurance in the State of Florida, on forms approved by the State of Florida, as
Y411 proEeca: the FIRM, at a minimum, front all claims as set forth below which may arise out of or result
from the FIRM's operations under Ehe Coneraa and for which the FIRM may be legailly liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable= (a) claims under workers'
compensation, disability benefit and other simirar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM'S employees; (c) clairns for damages because of bodily injury, sickness or disease, or
death of any person other tfaan Ehe FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulteng there from: (f) claims for damages because
of bodily injury. death of a person or property damage arising out of ownership, maintenance or use of a
motor vehi €le: (g) claims for bodily injury or property damage arising ouE of completed operations; and
(h) claims involving contractual inability insurance applicable to the FJRM's obligations under the Contract_
1.02 Firm's Insurance neraJI . The FIRM shall provide and maintain in for ce and effect until all Ehe Worm to
be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified heroinAfter), the insurance coverage written on Florida approved forms and as set forth below;
1.03 Workers' Cara psation Insurance at the statutory amount as to all employees in compliance with the
'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida SEawees, as presently written
or hereafter amended, and all applicable federal laws_ In addition, the policy (ies) must include- Employers' Liability
at the statutory coverage amount. The FIRM shall further insure shat all of its Sub-contractors maintain appropriate
levels of Worker's Compensation Insurance_
J _04 -commercial Comprehensive General Liability insurance with broad form endorsement, as we 11 as
automobile liability, completed aperations and products IiabiIity, contractual liability, severabiIity of interest with
crass viability provision, and personal injury and property damage liability with Iimrts of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregarc_ including;
- Personal Injury: $1.0010,000;
• Medical Insurance= $5,000 per person;
• Property Damage: $500,000 each o €currerncc;
1.05 FTibrella CDmniercial CompreUri$ive General Liability insurance shall be written an a Florida approved
farm with the same coverage as the primary insurance polity but in Ehe amount of $1.000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
Ore Comprehensive General Liability policy, without restrictive endorsernenEs- as filed by the lasurance Services
Office, and roust incrude;
(a) Premises and Opera ion
(b) Independent Contractors
(c) Products andlor Cornplemd Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
Page 34 of 74
Thomas F. Pepe
02 -13.15
(e) Broad Farm Property Damage
(f) Broad Form Contractual Coverage applicable to This specific Contract, including any hold harrntess
and/or indemnification agreement,
(g) Personal Injury Coverage with Employee and Contractual Excrusioris removed, with minimum limits of
coverage equal to those required for Bod4y Injury Liability and Property Damage Liability.
I -06 Business Autom -9bAle Liabili ry with rninimun, limits of One Million Dollars ($1,000,000,00) plus an
additional One Million Dollar (SI,000.O04.00) s+mbrella per occurrence ronlbirwd single limit for Bodily Injury
Liability+ and Property IDamage Liabiliry. Uaibre. ll,1 rove rage must be afforded on a form no move restrictive than
the latest edition of the Business Au4omobile Liability policy, without restrictive endorsements, as filed by with the
stare of Florid;[, and must include:
(a) Owned Vehicics-
(b) Hired and Non -Owned Vt�hides
(c) Employers' Non - Ownership
LD7 SUBfYONTRACTS; The FIRM agrees thar if any part of the Work under the Contract is sublet, the
subcontract shall coritain the same insurance provision as set forth in section S -I above and 5,4 below and
substrtuting the word Su heon tractor far the word FIRM and substituting the ward FfRM for CITY where
applicable.
1.06 Fire.and Extended Cove± a Insurance (Builders- Risk).J.E APPLICABLE
A- in the event that this r:Qntracr involves the constructions of a structure, the CONTRACTOR shall
maintain- with an Insurance Company or Insurance Companies acceptable to the CfTY, "Broad" formJAll
Risk Insurance on buildings and structures, iaicluding Vandalism & Malicious Mischief coverage, while in the
course of construrtiun, including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings a structures. The policy or policies shall also cover
machinery. if the cost of machinery is iiicIuded in the Contract, or if the machinery is Ivcated in a building
thAz is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement anij actual cash value of the insured property. The policy shall be in tithe name of
the CITY and the CONTRACTOR. as Their intcresr may appear- and small also cover the interests of all
Subcontractors performing Wurk-
B. All of the provisions set fbrth in Section SA herein h -low shall apply to this CovorgL% unless it would be
clearly not applicable -
1,09 Miscellaneous;
A. If any notice of cancellation of inst, ran ce or change in coverage is issued by the insurance company or
should any insurance have xn expiration date that will occur during the period of tfris contract, the FIRM
shall be responsible for securing ether acceptable insurance prior to such cancellation, change, pr
expiratian so as to provide €ontirkuous coverage as specified in [his section and so as to maintain
€overage during the We of this Contract.
R. All deduci:61,P5 must be declared try the FIRM acid must be approved by the GiTY- At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall pro[ure a Bond- in a
farm satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where appli cable, shall expressly provide
that such policy or policies are prirnary over any Giber col ler;tible insurance that CITY may have, The
CITY reserves the right at any tirnc to request a copy of the required policies for review. All pokier
shall contain a -severability of interest" or "cross liability" crause without obligation for premium
payment of the CITY as v eH as contractual liability provision cowering the Contractors duty to indemnify
the City as provided in this Agreement.
D. Before starring the Work, the FIRM sharl deiivr*r tQ the CITY and CON51JLTA T certificates of such
insurance, acceptable to the CITY- as well as the insurance binder, if one is issued, the insurance policy,
irrriudrng the declaration page and all applicable endorsements and provide the name, address and
wlephorre number of the rnsurance agenr or broker through whom the policy was obtained. The insurer
shall be rated AVIt or better per A. M. Best's Key Rating Guide, latest adition and authorized to issue
insurance in the State of Flarida, All insurance policies [[rust be written on forms approved by the State
of Florida and they must remain in full force and effect far the duration of the contract period with the
CITY. The FIRM may be required by the OTY- at its sale dis € redo rn, to provide a "certified copy" of the
Policy (as defined in Articte I of this do €umeitt) which shall include the declaration page and all requires!
endorsements, In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
fallowing endorsements=
( I ) a policy provision or an crtdorsement wirh substaritially similar provisions as foffows;
Page 35 of TA
Thomas R Pepe
A2 -'t3- 15
"The Ciry of South Miami is an addidonal insured. The insurer shall pay all sums that €he City of
Soutfi Miami be cc mes legally obligated to pay as damages because of -bodily inikiry ", ` property
dnrrnz�ge' , or "personal and advertising injury" and it will provide to the City aliI of the coverage
that is typically provided wri der the standard Florida approved forms for ccr»rrtercial general
Iiab+lrty coverage A Arid coverage B ";
(2) A policy provision or an endorsement with substantially similar provisions as follows=
"This policy sltall riot be cancelled (including canciallation for non - payment of premium }_
terminated or matcria44y modified wi[hou[ first giving the City of SouWt Miami ten (10) days
advanced written nonce of the intent to materially modify the policy or to cancel a term iriare
the policy for arty reason. The naeification sh;dI be delivered ro the City by certified mail, wide
proof of delivery to the City," .
Jf the FIKM is providing professior)al services, such as would be provided by an architect, engineer,
attorney_ or accountant, to name a few, then in such even and for -addition to the above requirements_
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1.000,000 with deductible per claim if anX. not to exceed 5% of the limit of liability providing for all
sums wh ic Ii die FIRM shall become IgAIly obligated ro pay as damages far claims arising put of the
services or work performed by the FIRM its agenrs, representatives, Sub Contractors or assigns, or by
any person eniplQyed or retained by hirn in connection with this Agreement_ This insurance shaJi be
maintained far four years after completion of the cons iruction Arid acceptance of any Project covered by
this ,agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
Amount and under the terms specified above, which is also acceptable_ No insurance shall be issued by a
surplus lines carrier unless authorized in writing by €he city at the qty's sole, absolute Pnd unfettered
discrecion_
Indemnification Requirement
A- The Contractor accep€s Arid voltintarily incurs all asks of any injuries. damages, or harm which might
arise during the work or event char is occurring on the CITY'S property laic to the negligence or other fault of the
Contractor or anyone acting Through or on behalf of the Contractor-
B_ The Contractor shall indemnify, defend, save Arid hold CITY_ its ofrters, affiliates_ employees,
successors and assigns, harmless from ariX and ali damages, claims, liability, fosses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attnrney's fees, paralegal fees and investigative casts
incidental there to and incurred prior to. during or following any litigation, inedration, arbitration Arid at all
appellate levels, which may be suffered by, or accrued agairist, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any c;imes of actions or claim of any
kind or nature_ inducting claims for injury ta or death of any person or persons arrd for the loss or damage to any
property arising out of a negligent error, omission_ misconduct, or any gross negligence_ inten [ion AJ pct or harmful
conduce_ of the Contracwr, its con 4raciorlsubcontrac€or or any of their officers, directors, ageri is, representatives,
employees. or assigns, or ariyone acting through or on behalf of any of them, arising out of this Agrcemerit,
incident to it, or resulting from the performance or non - performance of the Cc ritracto r's obligations under this
AGREEMENT.
C. The Commiaor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, intruding the expense pr loss of the CITY and/or its affected officers_ affiliates, employees,
successors and assigns, Including Eh err attorneys fees, in the defense of any action in law or equiry brought against
them and arising from the negligent error. omission, a act of the Con tractor, its Sub- Contractor or any of their
agefiis_ representatives, employees, or assigns, nndlor arising out of, a incident Ea. this Agreement_ or iritodent to
or resulting from the performance or non- pe rfor rrin n ce of the Contractor's obligations under this AGREEMENT,
D_ The Con tra €Tor agrees acid recognizes that neither the C 17 nor irs officers, affiliates, employees,
successors and assigns shall be held liable or responsible far any clain•is, irtcltoding the costs xnd expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractorlsubcontractor or any of their agenrs, representatives, employees. or assigns, pr anyone a €zirig through
or on behalf of the them, and arising out of or €oncoming the work or eY2nt that fs o ccurring on the ITY's
property. In reviewirig, approving or rejecting any submissrons or aces of she Contractor, CITY in rro way assumes
or shares responsibirity pr liability for the acts or omissions of the Contractor, its core EracloHsv bcantractor or any
of their agents, representatives, employees, a assigns_ or anyone acting eh rough or an behalf of them,
Page 3 b of 7 4
Thorrr4a r-. Pepe
42 -23.15
E. Thct Cfxntrartor has the duty to pro -ride a dafcrisc with Ain et[orney or law firm appi-oved by the City
of SouCh Mia,ni. wlriCh approval will not be unreasonably withYrcld.
F_ However, as zu design professional contracts. aitid pcirsuant to Spa ipn 7 5,08 (E ), Florida Statutes,
none of the provisions set forth herein above that arc in corlfliict with this subpar-agraph shall apply and this
subparagraph shall set forth the sole responsibility of the design profemional can cerning indemnification. Thus,
the design professional's obligations as to the City and its agencies_ as will as to its officers and employees, is to
indemnify acid YroId them harmless from liabilities, damages, iossrs, and coats, including, brit not limited to,
reasonable atForneys' fees, to the extent caused by the ncgligcncr, rec:kl�aSness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of thu contract.
END OF SECTION
Page 37 of 74
Thorrraa F. Pepe
02 -23 -15
EXHIBIT 3
Drainage Improvements at Dante Fasce11 Park
RFP NPR-2011 5-16
CONSTRUCTION
BID FORM
THIS PROPOSAL 15 SUBMITTED TO-
Steven Alexander
City Manager
City of Souilt Miami
6130 Sunset Drive
South Miami, FL 33143
I . If this Proposal is ai�:c:epted, the undersigned Responder€ agrees to en€er into a Carptract with the City of
Souch Miami in the form included rn this Solicitation Package aitid to perform and Furnish ali work as
specified or indicated in [his 5vlicptation, including as set forth in Exhibit I (Scope of Services),
Attachment A & JB for the Proposed Price as set forth below. withir, thn Cgntratt Time and in
accordance wiEli the othrtr torrns and conditions of the Sallcita€ion Package.
2. Respondent accepts a1il of tips terms and conditions of the SolicitaUoii and instructions to Respondents,
including wichout limitation hose *. dealing with the disposition of ProposaliBid Band, if required. This
Proposal will remain subject to ac ceptance For 180 calendar days after the day of the Proposal 0perung,
The Respondent, by signing acrd st,bmnting this proposal, agrees to all of the terms and con ditior,r, of the
form of contract that is a part of the Solicitation package with appropriasc changes to conform zu the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
Lhps 5oli€station" required insurance dgcurnerim and other documents required by ehc Solicitation,
including the Contract if not already subrtutted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. fn submitting this Proposal, Respond *-nt represents that:
a. R *-spondent has examined copies of all the Sahcitacion Documents and of the following Addenda, if any
(re ceipt of all which is hereby acknowledged.)
Addi�ndun, No. i Dated: 712812015
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all focal conditions and laws and regulations thAt in any manner may affe ct cost,
progress" performaoce car Furnishing of the Work.
C_ Subsurface conditions: If applicabJe. to this Solicitation, the Respondent represents that;
i. Respondent has studied carefully aJJ reports and drawings, if apphc -41e, of subsurface conditions and
drawings of physical cfrnditions.
ii. Respondent has obtained and carefully scudied (or assumes r'esponsiNlpty for obtaining arFd carefully
studying) all such axarnirlAti❑ny, investigabons, explora€ ions" ecsts and studies in addition to or to
supplement those referrk7.d to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect thft tryst, progress, performance, or the furnishing of the Work at
Cho Contract Price" within the Contract Time and in accordance with the order terms and conditions
of the Contract Documents. Thle Responden4 hereby acknowledges that no additional examinations"
investigations, explorations, tcsm reports ar similar information or data are, or will, biz required by
Respondent for any reason in connection with the Propia5al The failure of ehc Respondent to request
a pre -bid marking of the construction site by Noy or all utility companies shall create an irrefutable
presumptiaji that the Respondent's bid, or proposal price, has taken into consideration all possible
tindergrowid cnnditions and Respondent, if awarded the contra ct, shall not he entitled to a change
order for airy such condicion discovered ehereaftLr"
iii. Respondent has correlated the results of all Such observations, examinations, invesug tiQns,
explorations, tests, rirports and studies with ehc terms Arid conditions of the Contract bocuments.
Page 38 of 74
Thomas F" Pepe
02-23-IS
iv. Respondent has reviewed and ciiccked all iaiforniation and data shown or indicaced ia} the Solicitation
Package or in the Conrract Documents with respect co existing Underground Facilities or conditions
At or corrtigu(rus w the site and assumes responsibiliq for the accurate location of all Underground
Fac,lities and �;orrditions that may affect the Work- No additional examinations, investigations -
explpr�tions, tests, reports or similar information or data in respect to any Underground Facilities or
conditions arc, or will bc, required by Respondent in order to perform and furn{ sh the Work it the
Canty -Acc Pricfa, within Nrr. Contract Tinre and in accordance with the other terms and conditions of
the ContmcC Documents unless the Proposal specifically siaies that the conera €t price is subject to
adjustment for future discovery of underground facilities andfor conditions that affect the East Of the
Work Arid unless the respondent makes a wriaen request io the City for additional information
prior to submitting the bid or proposal as required in subsection ii above,
d. Respondent has given the City wricten notice of all conffi €ts, errors or discrepancies that it has
discovered in the Conu-acc Documents and, if any conflicts. errors or discrepancies have been found
and notice given, the Respondent represents, by submitting its proposal to the City, that the
Respondent has received sufficient notice of the resolution thereof from the Ciry, that such resolution
is ac €epiable to Respondent and that T-be Respondent waives any Chaim regarding the confli €ts, errors or
discrepancies.
e. Th +s Proposal is genuine and not made in the interest of or on beltaif of any undisclosed person, firrn or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or €orporatrotr; Respondent has not directly or indirectly inds,ced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited pr induced ar,y pers❑ri.
Firm or €orporatron to refrain from responding: and Respondent has not sought by Coltusion or
otherwise to obtain for itself any advantage over any other Respondent or, over the CITY.
4. Respond {grit underst, rid s and agrees that the Crontract Price i5 the Amount that it needs to furnish and
irisWI All of the Work complete and in place, The Schedule of VaIups, if required, is provided for the
purpose of Proposal Evaluatic,n and when initiatt!d by the CITY, it shall form the basis far cal €Mabrig the
pricing of change orders, The Contract Price shall not be adjusted in Any way So as to result in a
deviation From the Schedule r)I V8lues. nxcept to the ex(ent that the CITY Changes the Scope Of the
Work after the Caritract DALE'.. As such, the Respondent shall furnish all labor, materials, equi#rne,tt,
tools- Supv.rintendence And services ne €essary to provide a complete, in place. Project far the Proposa]
Price. If this So Heim tioir requires the completipri of a Cost arrd Technical Proposal. As may be set forth iri
In an exhibit to this So lid cation, such proposal must he attached to this aid Form and will take
the place of the Lump Sum Price, otherwise. the Contract Price for the completed work is
as follows:
one hundred ninety seven thousand five hundred ninety eight
LUMP SUM BASE PRICI =: doWrs and zero Cents
Alternates: #I N/A #2 N/A
A fee breakdown for ea c h task induded in the lump sum €ontract price, if applicabtC, must be provided.
Failure to provide this information shall render ahc proposal non- responsive-
5. ncc, ENTIRE WORK shall he completed, in Full, within 60 working dais 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 tha aSSe55ar,gnt Of hquildated damages as may be set forth in the Contract.
6. Insert the following information for Future Communication with you concerning this Propaaal;
RESPONDENT:
Address;
Telephone:
FaC$irnde;
Contact Person
Thomas F- Pepe
02-23-15
H.A. Contracting Corp.
9509 N W 12 §treet Bay 1 Miami, Florida 33172
305 - 591 -9212
305- 591 -9690
Henry
Page 34 of 74
7. The 4erms. used in this Proposal which are defused in the Contratt shall have the same meaning as is
assigned co them in the ContracC Documents. uniess specifically defined in this Solici€ation Package.
9. If a cost & tech ni €al propcsad is j-equircd by Eh Solicitation, Respondent hereby certifies Shat all of the
facis and responses ro the queseions pas ad iii the cast & tech nicaJ proposal, if such an exhibit is made
A part of the Solicitation, are true and ccrrece and are hereby adopted as part of this Bid Forrn, and are
made a part of this proposal, by reference.
fay submitting this proposal, I. on behalf of the business chat I represent, herct y agree to the terms of the
fern, of cancracc contained in the Solicitation package a4id I agree to be bound by those terms, with any
appropriate blank boxes. if any- checked and any Blank lines Frllcd in wiih the appropriate information
coneaiaied iri. the Solicitation Documents and this Proposal. or such information than Ehe City and I have
agreed upon in 4he course of con€rac[ negodations and which have been confirmed by the City in writing,
including e-mail confirmavon, if any- I hereby certify sunder penalEy of perjury that I am the lawful
representative of the business endty referenced in this Bid Eof-m and that I have authority tv bid that
en[iey.
SUBMITTED THIS 13 DAY OF August
PROPOSAL SUBMITTED BY_
H-A_ Contracting Corp.
Company
Henry Angela III
IM of Person A ,roritec to 5yrbrn A
�5ignatur� �
President
Title
20 1
305-591-9212
Telephone Number
305 - 591 -9630
Fax plumber— —
h accQha con tracti nq . ca m
Ernarf Address
END OF SECTION
Page 40 of 74
Thomas F- Pepe
02,23 -15
EXHIBIT 4
CONSTRUCTION CONTFtACT
Drainaga Irrtproverrlents at Plante FasceII Park
RFP NPR -201 5 -16
THIS CONTRACT was made and entered into on this day of -.20 by
ar,d between (hereafter referred to as
- 'Contractor "), and the City of South MiAmi (hereafter referred to as "Owner "), through its City Manager (hereafter
referred to as "City ").
ITNESETH:
That, ehc Contractor, for the consideration hereinafter fully set out, hei-eby agrees with the Owner as follows:
I- The Contractor shall furnish all Iahor, nn terials, equipment, machinery, Eools, apparmtki a, transportation
and arty other items necessary to perform all of the work shown on and described in the Contracr
Documents and shall do everything recurred by this Gonrra €E and Elie other Contract Documents
hc'rerrmfter referred to as the Work.
2. The Contract Documents shall include Ehis Contract, General Conditions ro the Co&tracE, if any, the
di,awidigs, Plans, specificaEions and projecE rriarival, tf any, any supplementary or special conditions, other
documents refereing to this contract and signed by the parties, the soli €nation documents ( "hereinafter
referred to as "Bid Documents ") and any documents to which those docurneaEs refer which are used by
the Owner as well as any artachnienrs or exhibits that are made a part of any of Ehe docurents described
berein.
3- The Contractor shall commence the Work ro be performed under rtiis Conrracr on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of bme set forth an the
Contract Documents,
4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject
co additions and deductions as provided in the Contract Documents and any properly approved, written
€hangs orders, in Ia ftil money of the United States, the amount: of_ csp�l A. :v
Dc,Ilar-s J$ .00_), Lump Sum ( "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 ally po3rit in time, that any part, or all, of the
Work be performed after regular working hours- In such event, the Respondent shall have no right to
addPoonal compensabon. for such work. However, nothing contained herein shall au€horixe work ott days
and during hours Thar are oEhP.rwi5e prohibited by ordinance carless specifically authorized or insErucEed ir,
writing bX the City.
6. if the Work is expecEed Eo require more than one month, the Owrier shall make monthly partial payments
to Ehe Contractor on the basis of a duly certified and approved schedule of values far The Work performed
during each calendar month by the Contractor, less the reta iii age (all as provided for in the Contract
Documents), which is to be withheld by the Owner until complcrion and acceptance of the complete
project in accordance with this Ccrktract and the other Contract Documents acid until such Work has
been accepted by the City.
7- Upai submission by the Contractor of evidence sarisfaccory ra tits Owner that all labor, material, and
other costs incurred by the Contractor irr connection with the construc6ori of the Work have been paid in
fill, and after compliance with the terms for payment provided for in the Contra Documents, final
payment oii account of this ContracT shall be made within sixty (60) calendar days after the completion by
the Cofin-acror of ill Work covered by Ellis Contract and the acceptance of such Work by the Owner -
S, The Work shall be completed in 60 working days. In the event that the Contractor shall fail Eo
complete the Work within the time limit stipulated in the Contract DocurTnerrts, or the extended rime JirniE
agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents,
liqurdate-d damages shall be paid by the Contractor at the rate of $600.00 dollars per day, plus any
monies paid by the Owner to the Consulranr, if arty, for additional engineering and inspection services- if
any. associated with such delay.
9. It is further muruaRy agreed between the parties hereto that if a Payment andlar Performance Bond
( "Rond -) is required and if, at any time after the execution of this Contract and the Bond for its faithful
Pagc 41 of 74
Thomas F- Pepe
02-23-15
performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be
unsatisfactory, or if, for any reason such bend ceases to be adequate to cover the performance of the
Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within five (5)
business days Order the receipt of notice from the City so to do. furnish an additional bond or bonds in
5urh form and amount and with such �Urety or Sureties as shall be satisfactory to the City. In such event,
no further payment tr} the Contractor shall be deemed to be due under this Contract until such new or
additional security for the faithful perforrnanCe of the Work is furnished in the manner and in the form
5;msfxcwry to the City.
10 -No additional Work or �,xeras shall he done unless the same is dull+ authorized in writing, and in advance of
the work, by appropriate actran by the City and in aC1 :0rdAnce with the Contract Documents.
I i, Tfie date tfrat this contract was "made acrd entered into- and its offective date is the date that the contract is
the signed by tl,e City or. if the rpritract is r(-.cluired to he approved by resolution of the City Commission, then
the Effective hate is the date of the resolution app rev ing the Contract whichever is the later dare.
IN WITNESS WHEFUEOF, the parties hereto have rxecutcd this Contract on the day and date set forth
ne ct to their name below and may be signed in one or more counterparts, each of which shall, without proof or
accounting for dic other counterrpai t, be dtcmcd an or;girtaI Contract.
CONTRACTOR:
sigrimura: UX71A V�' -
Print Signatory's Piarne: - 3t-L- _ 1
Title of Sigriatory;
ATTESTED
Signature
Maria Menendez
City Clerk
RtxAd and Approved as to Form, Language,
Legality, and Execution Thereof.-
Signature
City Attorney
OWNER; CITY OF SOUTH MIAMI
Page 42 of 74
Thomas F. P &pc
42 -23- B
Sigrrature'
Steven Alexander
City Manager
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
Drainage Improvements at Dante FascelI Park
RFF #PR -201 5 -1 6
ARTICLE I — DEFINMONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have
Ehe meaning indicated. These definitions shall al ays apply when the section of the Contract specifically refers to
this Article for the purpose of inEerpredng a word or group of wards in that section of the Contract Doturnent_
However. when the section of the Contract, where the word to be defined is used, does not specifically refers to
this Article to define the word or group of words, the definitions contained in rhiS Article shall not apply unless
the word or group of words, in the context of iE or their use in the Contrsrt Document in question, Isla re
,ambiguous and open for interpretation, In additiorn, these definitions shall also not apply to inmrpreE terms in a
specdC provision of a Contract Document if that specific provision contains n definition of these terms:
Addenda- Written or gr-aphiC documents rssur_d prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifintions, by addition, deletions, Clarifications or Correction.
Application for f tnnent; A fora, approved by the CON5ULTANT, if airy, or the City Mxriager' which is to be used
by ehc CONTRACTOR in requesting progress paymenrs.
Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other
terms for the Work to be. performed.
Bidder: Ariy pens€ ri, first, or corporation suhmittiiig a response to the Owner's salicitauan for proposals or bids
for Shark.
Bid Documents: The Sohcitatipn for bids or presposais and all di)CUmentS thAt make up the soliCitnion including
the instructions, form of dnr.urnenis Arid affiidavit.s.
Bonds: Bid hoed, porformance and payrnsnt bgwis and other rnstrurnertts of security. furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with ehc laws of
the Mate of Florida_
Change Order: A wriacn order to ehr CONTRACTOR sighed by ehc City Manager authorizing an addition.
deletion or revision in rhtt Work, or an adjustment in the Cnntratt Price or the Caritract Time issued after
execution of ehc Contract.
Work Order Proposals_ Written proposals from the CONTRACTOR iii response to orders or request for work
based on the Scope of ehc Work provided by ehc City to the CONTRACTOR_ The proposal includes line item
pricing, where there are multiple IocaEians, and die tirneframc for rornpleting the work_
CITY: The City Manager for ehc City of South Miami, 613b Sunser Drive, $ouch Miami, FL 331#3, unless the
context wherein the woad is used should mai-e appropriately mean die City of South Miami_
Construction Observer. Aii authoriLed representative of the CC NSULTAN7, if any, or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified in writing of ehc identity of this representative.
-Q.Qrg acE Documents: The ContracE Documents shall include the ConeracE between the Owner aad the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award_ the Notice to Proceed. the
Gcned-al Conditions, $pe[:ia1 Conditions, if any. any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporaied specifications, addenda to the drawings issued prior to execution of Etic
Contract, Change Orders, Construction Change DirecEives and any written order far a minor change iii the
Work and written rnodifi�:,aticns to any of the Contract Documents.
Contract Pricc: The EotaI moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Docu ments.
retract Time: The number' of ca lertdar days sFated in the Contract for the completion of the Work.
Conti. ct ng_Offiicer. The individual who is authorized to sign the contract dackiments on behalf of the OVER.
- CONTRACTOR: The person, firm or cnrporatiori wrth whom the OWNER has executed the Contract_
CONS LTANT_The person identified as the CONSULTANT in the Supplementary Conditions or, if none. then
QTY's designated representative as identiFted in the Supplementary Conditions.
Page 43 of 74
Thomas F. Pepe
0I -M Is
pay, A period of twenty -four hours inrasured from the begin mrig of the day at 12:01 a. m. and it shall be presumed
to be a calendar day unless spc €ifi cal ly designated as a business day.
DaYN: The nurnbrr of twenty -Four {24) hour periods following Lhe eve at to which the word "days" re -fern
commencing at f 2-41 a.in. 3t the stare of the next day. Therefore, in corrrpur_in any period of time presCribed a
allowed by the Contract Docurnenu, the day of the act, event a default from whi €h €he designated period of time
hErgias to run shall not be included_ The last day of the pe.rind so computed shall be included unless it is a
Saturday, 5undAy or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday. sunday nr legal holiday.
Def,�ctiwL Work- Work that is unsatisfactory, faulty, or d0iciCnt in that it does not conform to the Contract
Documents, nr does not inciat the requirements of any applicat3ie? inspection, referen €e standard, test, or approval
referred to in the Contract Documents. or has been damaged prior to Elie CONSULTANT'S recommendation of
final payment (unless responsibility for the protection hereof has been delegated to the Owner), substitutions that
arc nor. properiy approved and authorized, any deficiency in the Work, materials and equipment; rnatcrials and
equipment furnished under the Contract that. 8rr, riot goad quality and new unless otherwise required or
permitted by the Contract Documents.
Draw": The drawings which show the i-hara €ter and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT. or it 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 thL> CONSUL rANT which clarifies or interprets the Contract Documents
in accordance wit#a Paragraph 9.3 or orders rriinor changes in the Work in accordance with paragraph 10.2_
Modifjcatlo.n, (a) A written ameridme.na. of the Contract Documents signed by both parties, (b) a Change Order
signed by both parties, (c ) a writron Clarification or iaterpremdon if issued by the CONSULTANT in accordance
with paragraph 9.3 f r (d) a writtE_n order for minor change or alteration in the WQrk issued by the
CONSU LTANT pursuant to Paragraph 10.2_ A inodificadon may oMy be issued after Exxecution of the Contract, it
must be in writing anti signed by thn party aghinst whom, the modification is sought to be enforced_
Npq- conforminjr Work means work Lhat does not conform to the Contract Documertits and includes work that Is
unsatisfactory, faulty, car de fiiE:ie nt car that does itiot meet the requirements of ariy nppticablc inspection, referen ce
standard, test, a that does nor rnece any approval required by, or referred to in, the Contract Documents, or
wgrk that has hrrun damaged prior to C0NSULTANT's recommendation of final pnyrnent (unless responsibility for
the protection 0e.renf has been assumed in writing by CITY).
Notice of Award- The written notice by CITY co the apparent successful Biddor seating diae upon compliance with
the conditions precedent to be fulfilled by it within the time specified. CITY will E%xccutc and deliver the Contract
to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the
date an which the Contract Time shall commence to run and on which CONTRACTOR shat) start co perform its
obligations under the Contract Documents.
Person: An individual oi- legal entity_
Probe €�: The enure conseru €tion operation being performed as delineated in the Contract Documents.
Policy: The term "polo €y" as used in the Contract f]uetirnents shall mean ehc instrrance binder_ if it is issued. the
declaration page of the policy and the body of the policy, including all endorsements_
RFP: Request for Proposal.
$cops of Services.. This phrase refers to the scope of the service=s or work eo be performed and it has the same
meaning as Scope of the Work sinless the context in which th(-. phase is used clearly means otherwise.
Shop_Qra rope, All drawings, diagrams, illustrAtions, brochures, scfredules and other data which are prepared by
the CONTRACTOR, a Subcontractor, marsufartur¢r, Supplier, or distributor. and which illustrate the equipment,
material or Borne pproon t,f rhE, wor k and as required by the Contract Doc uments.
S�irnples= Physi €:81 oxarnpies vvhic:h ilIustraLE> rrratcriaIs, equipment or workmanship and establish standards by which
the Work will bE; judged.
Specifications: Thnsc partioor , of the Contract Documents consisting of written technical descriptions of
materials, equipment, con sic u €don systems, standards and workmanshep as applied to the Work_
Subcon4ra €tor: An individual, firm or corpofation having a direct contract with CONTRACTOR or with any
other SubconEractor for the performance of a part of the Work at the construction sate.
Su�sttf)4ial..Completion: The date, as certified by the C0NSULTANT, when the construction of the Projcce or a
certified part thereof is skifrciendy completed, in accordance with the Cnntraet Documents, so chat the Project, 0
a substantial pall, can be utilized for the purposes for which +t was intended without resericeioii or limitation to
any degree, other than for the repair of rninor " pun cF} I1st" items; car if there be no such certification, the date
when final payment. 15 due in accordance with paragraph 14.9_ However. is no event shall the project or portion
Page 44 of 74
Thomas F_ Pepe
D# -2J -I5
thereof, he dp.erned to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applit,.aHe governmental agency. A certifi €ate of Substantial Completiorw, issued by the
CONSULTANT, shall be null and void if it is based on false. misleadkng or inacctiram inform�tion, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degr-ee grearer thwi that which would normally to be considered by the City to be minor „punch list" wx�rk-
Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an ircrn, but who does not perform labor at the site of the Work.
Surety: The individual or entity wno is ar3 obligor on a Band and who is bound with the CONTRACTOR for nci�
full and faithful performan €e of the Cana act acid Far the payment of all labor, services and materials used on the
project.
Work= Any and a1€ obligations, duties and responsibilities necessary for the successful per Forirnance and € ompletion
of the Contract.
Notice: The term 'Notice" as used herein shall mean and include all written ndtir:es, demands, instructions,
claims. approvals acrd disapprovals required to obtain compliance witfr Contract requiremenrs- Written notice
shall be deemed to have been duly served if delivered in person Eo the mdividual or to a member of the firm or to
an officer of the corporation for whoin it is intended, or to an authorized representative of such individual, firm- or
€orporadon, or if delivered at or sent by registered mad to the last known business address. Unless otherwise
stated in writing, any notice to or demand upon the OWNER under [his Contract shail be delivered to nci-- City
Manager and the CONSULTANT.
ARTICLE 2— PRELIMINARY MATTERS
Award:
2 -1 The CITY restates the right to reject any and all Bids, at its sale discretion. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder- No Notice of Award shall be. given until the
CITY has concluded its i rives ri ttion, as it deems necessary, to establish, to the satisfaction of the CITY,
which Bidder is the mast responsive and responsible of all the Bidders to complete the Work vAthin the
trine prescribed and in accordance with the Contract Documents, The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be- in the sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work, In analyzing a Bid, the CITY may
also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is
awai-ded- the CITY shall issue the fiance of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Exer. tian- -of Contract;
2.2 At least four counterparts of the Contract, the Performance and Payment Band, the Certificates of
insurance, the Binder of Insurance if issued. the Insurance Declaration Page if not included in the Po€ cy of
Insurance, the Policy of Insurance required by the Contract Documents, the written notiGP of designated
supervisor pr superintendent a5 provided in Section 6,1 of the Genera€ C_miditions and Such other
Documents az required by the Contract Documents shall be executed and delivered by CONTRACTOR
ro the CITY within ten ( 10) calendar• day-, of receipt of the Notice of Award- A Contract Docurnerrt drat
requires the signature of a party may be executed err counterparts separately by each of the pArties and, in
such eve n#, each counterpart separately executed shall, without proof or accounting for the other
c:auntPrpart be deemed an 0riginaI Contract Dor ti-men t
Forfeiture of Bid SM.1r- ityiPerfarmArLC2 and P;ivme. nt fiend. if env are raouirp.d by the Aaolicable RFP
2.3 Within Een (I0) calendar days of being notified of ncia Award, CONTRACTOR shall furnish a Performance
Band and a Paynterrt Boi3d containing all the provisio ,iis of lire Performance Bond and Payment Bond
attached.
2.3,1 Each Bond shall be in the amount of one hundred percent ( 100%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers, material mart, laborers, or Subcontractor employed
pursuant to this Project- Each Band shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4- 2 -3.5. and 2.3 -6.
2.3 -2 Each Bond shall continue in effe ct for five year after final completion and ac ceptance of the Work
wirh the Irabihty equal to one hundred percent ( 100 ) of the Contract Sum-
Page 4S of 74
Thomas F- Pepe
02-23-15
2,3,3 Pursuant to the requirements of Section 255,05(I ), Florida Statutes, CONTRACTOR shall ensure
that the Bands) referenced abore shall be recordp.d in thu public records of Miami -Dade County
and provide MITI` with evddenre of st+ch recording.
2.3,4 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety, having a resident agent in the State of Florida and having bee r« in twsin ass with a record
of successful contintioLis pperatioji for a mast five (5) years -
2.3,5 The surety company shall hold a current certifiwe of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
2.3,6 The CITY shall only be required to accept a surety band from, a company with a rating A. VII or
better
2 -3.7 Failure of the successful Bidder to exceure and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for thL, CITY to annul the Notice of Award and
declawre the Bid Ind any security therefore forfeited.
Cantr'actur -'s Pre- Stara. Representation;
2.4 CONTRACTOR rrepr csi:�rits that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the rtiatur €.L and extant of the Contract 0ocurnents, Work locality, and with all local
conditions and federal, state ;and laeal lAws, ordinance, rules and regulations that rTlay in any manner affect
per#pnnanc:P of the Work, Arid reprewn #s that it has correlated its Study ftnd observations with the
requiremr~rits cif rho Contract Dpcurnents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface arrd latent physical conditions referred to in the specifications
and niade suer additional surwtys and imrestigation& as it deems necessary far the performance of the
Work rr= flcceed in the. CpntraCt Documents and that he has Correlated the results of all such data with
tlxc acquirements (3f the CpntraiCt Documents.
Comintriceinent of Cojitract Time:
2 -5 The Contract Time small commence eo run on the date stated in the Notice to Proceed.
Starting dic Project
2.6 CONTRACTOR shall start to perform its abligot ions under the Contract Dorurnerty on the date the
Contract Tinic eontrncncEs. to run. No Work shall be dorke at the site (a5 defined in Article I ), prior to
the date ol) which the Contract Tirrre c❑mmen�;es to run, exce pc. with the written Consent of the CITY -
Before 5€arti,ng Construction_
2.7 Before undertaking each part of ehc Work, CONTRACTOR sli ail Carefully study arrd Compare the
Contract Documents and check and verify pertinent figures shown thercoai and all applicable field
measurements and conditions. It shall at once report in writing to CON ULTANT any conflict, error, or
discrepancy which it may discover- Neither ehc 0 NER Isar the CONSULTANT shalt be Gable for a,iy
harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error,
or discrepancy in ehc Drawings or Specifications n or shall the CONTRACTOR be entitle ra any
compensation for any harm, damage or loss suffered by the CONTRACTOR due w any conflict, error,
or discrepancy in the Contract Docu men rs-
Mile of..ompletion;
7.8 Within Five (S) business days after delivery of ehc Notice eo Proceed by OTY 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 praying submissions. The CONSULTANT shall approve this schedule or require revisions
tlicraEo within seven {7) calendar days of its submittal- If there is more than one CONTRACTOR
involved In the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided in the Special Conditions,
2 -9 +Mahan five (8) 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 Paynien1. and to establish a working understanding between the parties as to the Project-
Page 46 of 74
Thorn;# F. Pepe
02 -n -15
Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives - CONTRACTOR end its Superintendenc-
0uaIifiextinns pf Sub contractors, Material men -and Suppliers:
2 -10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to ehc CITY and the CONSULTANT for' acceptance a list of the names of Subcontrartvrs
and such ocher persons and organizanons (including chose who are to furnish principal items of materials
or equipment) proposed for those portions of [he Work as to which the idenciry of Subcontractors and
other persons and organizations must be submitted as specified in the Can cra €t Documents. Within
thirty (3 0) calendar days after receiving the list. ehc CONSULTANT will notify the CONTRACTOR in
writing if either ehc CITY pr the CONSULTANT has reasonable objection to any Subcontractor, person,
or organization on such list. The failure of the OTY or the CONSULTANT to make abjection to any
Subcontractor, person, a organization on ehc list within thirty (3 0) calendar days of the receipt shall
constitute an ac €epLancc of such Subcontractor, person Or organization. Acceptance of any such
Subcontractor, person oar orgariir;,tion shaff not constitute a vwaiver of any right of ehc CITY nr the
CONSULTANT to reject defective Work material or equipment, or any Work, material n equipment
riot in toriforrnance with the requirements of the Contract Documents.
2.11 If. prior to the Nodce of Award, the CITY or the CONSULTTANT has reasonable abjection tD any
Subcontractor, person or organ iintion listed, the apparent low bidder may, prior to No ti cc of Award,
submit Ari acceptable substitsatc without an increase in its bid price_
2.12 The apparent silence of the Coatract Documents as to any demir. a the apparent omission from them of
a dccailyd description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best pra €tires are to prevail and only materials and workmanship of Else best quality are
to be used iii the performance of ehc Work.
ARTICLE 3— CORRELATION, INTERPRETATION AN INIE-NT OF C0NTRACT DQ4ZVMENTS
3.1 It is the intent of cha Specifications and Di-a irigs 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
A ci €Ie I.
12 The Contract documents are complimentary; what is called for by one is as binding as if CnIled for by all
the documents. Jf CONTRACTOR finds a conflict, error' or discrepancy in the Contract Documents, it
shall. before prrceedingwith chc Work affected thereby, immediately call it to the CONSULTANTS
attention in writing, The various Contract Documents arc complerneritary: in case of conflict, error or
discrepancy, the more stringent inu-- rrpretation and requirement that sha11 provide the maximum benefit co
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 inean "furnish acid install complete in place and
ready for Ser vicn ".
3.4 Miscellaneous itenis and accessories which are not specifically mentioned, but which are essential to
produce a complcEe and properly operating installation, or usable structure, providing the indicated
functions- shall be furnished and installed without change in die Contract Price- Such miscellaneous items
artd accessories sham he of the Sarre quality standards, including ma Earial, style, finish, strength, Klass,
weight and other applicable chara €ceristics, as specfied for the major component of which the
r3i is ce I laneou s. iteni or, accessory is an essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from cfie Drawings acrd Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by ehc CONTRACTOR in such a
manner as abcain the be sr workmanship possible (ar the enure Projem and all components of the Work
shall be installed or erected in accordance with the hest practices of chc particular trade -
16 The CONTRACTOR Shall be responsible for making the construction of habitable stru €tures under this
Contract rain proof, and for making equipment and utility rristallatiorrs properly pei*rm the specified
furs €tian. If the CON TRACTORi is prevented from cornpIrng with this provision due to the Drawings or
Specificadaris. the CONTRACTOR shall immediarcly notify the CONSULTANT in writing of such
limitations before proceeding with construction in Eh area where the problem exists,
3 -7 Mar.uFacturer's literature, when i-eferenced, shall be dared and numbered and is intended to establish the
minimurn requirements acceptable- Whenever reference is given to codes, or standard specifications or
Page 47 of 74
Thainaq P. Pepe
02-23-15
ocher data published by regulating agencies or accepted organiaations, including but nor limited to
National Electrical Code. apprirable State Building Code, F=lorida Building Code, Federal SpecificatiarEs,
ASTM Specifications, various irnstitute specifications. and the like, iE shall be understood that such
reference is to the latest cdlrion including addenda in effect on the date of the Bid.
3.8 Brand names where used in the technical specifications. are intended to denote the standard or quarity
required for the particular rnarerinI or product. The Eerrn "equal" or "ecfuivalent ", 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 Muerial
or product specified by trade name, and that is suitable for [he same use Capable of performing the same
function, in the opinion of then CONSULTANT- as Elie material or product so specified- Proposed
egsuvalent items muse be approved by CONSULTANT IndarEa they are purchased or incorporated in the
Work. (When a brand name. ram IDg nurnber- rnodei number. or other identification, is used wiOour the
phrase "or equal ", the CON TRAC-TOR shall use Efie brand, make and model specified)-
3,9 ThrougJiouc this agreernenE the male pronoun may be subs[icuried for fernale and neuter and vice versa
and Eh singurar words substituted for plural and plural words substitured for singtiIar wherever
applirahle.
3.10 All Eechnical interpretations sfia11 be made by the CONSULTANT as set forth in Section 9.3 below -
3,1 i The CONTRACTOR shall advised the C�QNSULTANT. prior to performing any work involving a conflict
in the Contract Documents and the CONSULTANT shall make Ehe final decision as to which of Ehe
documents shall take precedence- In [he everit that there is a conflict between or among the Conrrac[
Documents, only the latest version snap apply and the latest version of the Contract Documents- The
CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set
forth below irE rhEa order of their precedence so that all the documents list d above a given document
should have precedence over all [he documents listed below it.
(a) ChangES Orders
(b) Amendmentsiaddenda cc Coititract
(c) Supplamentary Conditions, if arty
(d) Contract with all Exhibits thereto
(g} General C0E1ditipn5
{f} Writ[cn or figured dimensions
(g) Scaled dimcnsiarks
01) Drawings of a Jarger scale
(i} Drawings of a smaller scale
(11 Drawings and Specifications are to be considered complementary to each other
ARTICLE 4-r- AVAILABitLITY[OF LANO AMURFACJE CONbMONS REFERENCE POINTS
Availability of Lands:.
4 -1 The OWNER shall furnish, as indicated in this Contract Documents, the lands tipon which [tic Work is to
he done, rights -of -way for access there[o, acid such other lands which are designed for the use of the
CONTRACTOR. Easements fur permanent struc[urEas or permanent changes in existing fad lities will be
obtained and paid far by the OWNER- unless oEhorwise specified in Ehe Contract Documents- OEher
accESss to such lands or rights -of -way for Eh CCNTRACTOR'S convenience shall be the responsibility pf
The CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
Eernporary construction facilities or storage of material aad equipment.
4 -2 The CITY will, upon request, furaish Ep the Bidders. copies of all available boundary surveys and
subsurface tests at no cost-
Subsurface conditions!
4.3 The CONTRACTOR acknowledges Ehat he has investigated prior to bidding and satisfied himself as cc
the conditions affecting the Work. including but not IiniiEed 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 €ondidaris at the site, the
conformation and eariditions of [he ground, the character of equipment and kcilides needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the characmr, quality and quaii6ty of surface and subsurface materials or obsEaclas to be
encountered insofar as this irrforrnation is reasonably ascertainable from an inspection of the site,
Page 48 of 74
Thomas F. Pepe
02.23 -1 5
including all exploratory work done by the OWNER! CONSULTANT an the Site or any cpntigi) ouS site,
as well as frorn information presented by the Drawings and SpetiFirations mAde part of this Conrj-;kct- or
any other information made available to it prior to receipt of bids- Ajiy failure by ehc CONTRACTOR to
acquaint itself with the available information shall ri ot relieve Et from responsibility for t�stiMating properly
the difficulty or cost of successfully performing Work, The OWN F=R assumPS no responsibility for arty
conclusions or interpretations made by the CONTRACTOR an the basis of the information made
available by the OWN ERI CONSULTANT,
D!ffQprig Site CondEtiops-
4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before sut41 tanditions are
disturbed, notify the CITY in writing, of
4,4, 1 Subst+r-Face or latent physical conditions at the site differing materially From those Indicated In the
Contract Documents, and
4.4.2 Unknown physical conditions at the site, of an unusual nakure, differing materially from those
ordinarily enCauntered and generally inherEtnt in Work of the character provided for in this
Contract, The CITY shall promptly investigate the C€ riditions, Arid if it finds that such conditions
do raterially differ to tha exwr1t. ;as V5 cauye arr increase or decrease in the CONTRACTOR'S cost
of, or the time required for, performance of any part of the Work under this Contract_ an
ecjs,itAbIP. Acijus#rTEent shall bF. rnAdEl and the Contract rriadi6ed in writing accordingly.
4.5 No claim of thrx CONTRACTOR undt?r this claust shxif be allowed unless the CONTRACTOR has given
ehc notice required in 4.4 ahpvr.; j)rovid{ d, h0wev12E', the s;rne prescribed therefore may be extended by
ehr CITY, but only if dpnp. in writing signed by the City M;knager nr the CONSULTANT-
ARTICLE 5 — INSURAM- U.Cantractor shall comply with the insurance requirements set forth in the
S„pplemer,tary Conditions to the Contract.
ARTICLE 6 - CONTRACTOR'S RESP0NSIRILITIES
S p- tEyjt9-p.and 5uperintendencc-
6.1 The CONTRACTOR shall supervise and direct the Works. It shall be solely responsible for the means.
methads, techniques- sequences and pro cedures of construction. The CONTRACTOR shall employ and
maintarn a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shall be designated in writing by the CONTRACTOR. before the CONTRACTOR commences
the Work and within the true required by the Contra€[, as the CONTRACTOR'S representative at the
scut. The Supervisor or so designated shall have full auchority co act on behalf of the CONTRACTOR and
all Communicacroris given to the Supervisor shall be as binding as if given to the CONTRACTOR- The
Supervisur (s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work, (Copies of written corn muni €ations given to the Supervisor shall be mailed ro
the CONTRACTOR'S home office).
6.1-1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modificxtior,s and Sfrop Drawings at the site at all times and in goad order and annotated to show
all changers m;idv- during the construction process. These shall be available to the CONSULTANT
and any CITY R up rii-wn t'a ti ve at all reasonable times. A set of "As- Built' drawings, as well as the
original Spt-CifitAcinns, DramngS, Addenda, Mudifirations and $flop Drawings with annotations,
shall be made availkiblc to the City at all tirnus end it shaill he delivered to the CITY upon
completion of the Project.
Labor, Materit5 and.Equipment-
b,2 The CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work grid
perform construction as required by the Contract Documents- It shall at all times maintain good
discipline and order at the st[e.
61 The CONTRACTOR shall furnish all materials, equipment, labor- transportation, con sifuctioo equipment
and onachinery, tools, app lnanct:s, ftl el. power, light, heat, local telephone, water and sanitary facilities and
Al otfri�r facilities ind incidentals necessary for the execution, testing- initial operation and completion of
the Work.
6.4 All materials and equipracrit shall he new, except as otherwise provided in the Contract Documents.
When special makes or grades of rriaterial which are normally packaged by the supplier or manufacturer
Page *. 49 of 74
Thom" - Pcpc
02-23-15
are specified or approved- such materials shall be delivered to the sire in their original packages or
contaiiters with seals wibroken and labels intact
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable manufaceurer, fabricator, or processors, except as
otherwise provided in they Cpntr -Aet Documents,
Wick, Materials, Equip ient, Products and 5ubstitutions-M
6 -6 Maeerials. equipment and produces ir,Corporited in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CCsNSULTANT a list of
propased rnat€�riaIs, egMprYient or products, together with such sarnples as may be necessary far them to
deeerrninc their acceptability and ❑btAin their approval, within ninety (90) Calendar days after award of
Contract unless otherwise stipulated iii ehe Special Conditions. No request for papement for "or equal"
equipment will be approved rineil this list has been rr cnived 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 nanie or catalog number, it shall be understood chat this is referenced for
the purpose of defining the performance or other salierie requiremciiEs and thae other produces of
equal capacities- quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or pi act, of equipmene of equal subsea rice and funcbori for
those referred to in ehe Contract Documents by reference to brand narne or catalog riurnber, and
if. in the opinion of the CONSLJLTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, ehe CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra carnponent parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Con eraet Price or the
Contract Time.
6.6 -2 No substiwte shall be ordered or installed without the wrietEw approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for subsbcutc materials shall not be considered justifiable
gro tin ds far an extension o( construction time.
6.6.4 Should any Work or materials, equipment or products not conform to requirements of ehe
Drawings and Specifications or become damaged during the progress of ehc Work, such Work or
materials shall be removed and replaced, together with any Work disarrarigcd by such atcerations,
at any time before completion and acceptance of the Project. All such Work shall be done at the
expense of the CONTRACTOR -
6 -6.5 No mace riais or S4rpplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel moregagc or uaider a conditional sale or other agreement by
which an interest is retained by the Seller-. The CONTRACTOR warrants that grey have good
title to ail materials and supplies used by thorn in the Work.
6 -6.6 Pion -con Forrn ing Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet ehe specification requircrirents or conform to the
plans acid drawings, Upon written notification of rejection, iecros shaII be removed or uninsuIIed
within five (5) btisineaa days by the CONTRACTOR at his o re expense and redelivered Aridfor
rninstaIled at his expense. Rejected goads Icft longer than thirty (30) calendar days shall be
regarded as abandoned and the CITY shall have the right to dispose of them as its own property
and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind
for said goads. Rslect +on for non - conformance or failure ro meet delivery schedules may result in
the CONTRACTOR being found in default,
6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure ehe articles or
services (rani other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thE-re. by,
6 -6.8 The CITY reserves the right, iii ehe event the CONTRACTOR cannot provide an item(s) or
service (s) in a timely niannt�rr 1s requested, to obtain the goad and/or services from other sources
and deducting ehe cost from ehe Con rma Pace without violating the intent of the Contract.
Concerrtiing Subwritrattors-
6.7 The CONTRACTOR shall nit employ any Subcontractor, against whom the CITY or the
CONSULTANT may have reasonable objection- nor will the CONTRACTOR be required to employ any
Page S0 of 74
Thomas F. Pape
02-23-15
Subcontra €tor who has been accepted by the CITY and the C- QN$ULTANT, unless die CONSULTANT
determines that there is good cause for doing so-
6.8 The CONTRACTOR shall be fully responsible far all acts and omissions of its Subcontractors acrd of
persons and organizations dire c tly or indirectly employed by it and of persons and arganizations 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 Con t"et Dorurnerlts� shall cricate ar)y
contractual relationship between OWNER a CONSULTANT and any Subcontractor or other person or
organization having a direct con Era €t with CONTRACTOR, nor shall it create any obligation on the part
of OWNER or CONSULTANT to pay or to see to payment of any persons due 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
amatrnis paid to the CONTRACTOR on accot+rrt of spec ifred Work done in accordarsre with the
schedule values.
6.9 The divisrorrs and sections of the Specificatians and the identiFrcetions of any Drawings shall riot con Erol
the CONTRACTOR in dividing the Work among Sti bra ntractars or delineating the Work performed by
any specific trade.
6.10 ThEa CONTRACTOR agrees to bind specifically every subcontractor w 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 Subcontra ctor shall be pursuant to an appropriate
�grf cement between Oe CONTRACTOR and the Subcontractor,
6.1 2 The CONTRACTOR shall be responsible for the coordination of the trades. Subcontractors material and
men engaged upon their Work,
5.12.1 The CONTRACTOR Shatl cause appropriate provisions t,n be inserted in all subcontracEs relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Canditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and giw the CONTRACTOR the same power as regards to terminating any subcontract that the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.32.2 The CITY or CONSULTANT will not trndernke to Settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors,
6.1 2.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
inc8rnpetent or otherwise unsatisfactory. they shall be promptly replaced by the CONTRACTOR
if and when directed by the CONSULTANT in writing.
6.12A Discrimiiration - No ;;Lczioii shall be taken by the any subcontractor with regard to the fuffittment. of the
terms of the subenntrart, including the hiring and retention of employees for the perforrnance of Work
that would discriminate against any person an the basis of race, €afar, creed, religion, national origin, sex.
age- sexual orientation, lamifial status or disabilr[y. This paragraph shall be made a part of the
subcontractor's contract with the Conrr-Amr.
Patent Fees and Rpy_aIties.
6.13 The CONTRACTOR shall pay all license fees mid vnyxlties and assume ail Cows incident to the use of any
invention, design- process or device which is the subject of patorrE rights or copyriets held by others- He
shall indemnify and hold harmless slit OWNER acrd Eh(e CONSULTANT and anyone directly or indirectly
employed by either of thorn from against all claims, damages, lasses and expenses (including attorney's
fees) arising out of any infringement of such rights during c after the completion of the Work, artd shall
defend all such claims in connection with any alleged infringenent of suc17 rights -
6.14 The CONTRACTOR shall be responsible for derLi- mining the application of patent rights and royalties
materials, appliances, artpcles or systems prior to bidding. However, he shall not be respoatsible for such
determination on systems which do €rot involve purchase by them of raterials, appliances and a,-ticles.
Permits:
6 -15 The CONTRACTOR shaill secure and pay for all construction permiEs and licenses and shall pay for all
governmental cNrges and inspection fees necessary for the prosecution of the Work which are
applicable alt 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 CJTY shall assist the
CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
Page 51 of 74
Thomas R Pepe
02.23- is
Efec�rica1.P..s- v±a="1 g h t in
6,16 ElearicaI power required during eonstruition 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. Ligfrting %hail 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 i�ff tern porary Iighring lines without specific approval of the CONTRACTOR,
Laws and Regulations!
6.17 The CONTRACTOR sha11 comply witlti Al notices, laws- ordinances, rules and regulations applicable to
the Work. If dic CONTRACTOR observes that the Specifications ae Drawings arc at varia rice 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 sny Work knowing it to be
coati -ry to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT,
it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain
that the [Drawings and Specifications are in accordance with such laws, ardinarim2s. rules and r•egulations-
Dis €rirninadon;
6.17A No action shall be taken by the Contractor with regard to the fulfillment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that wouild: discriminate
against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation,
familial staters or disability.
Taxes;
6.18 Cost of all applicable sales, conssrmer use, and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection;
6.19 Tow CONTRACTOR shall he responsiblc for initia€ing, maintaining and supervising all safety precautions
and programs in connection with zhe Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prpverit damage, injury or loss to:
6 -19 -1 All erriploypes and ether persodis, who may be affected thereby,
6-19 -2 All the Wark end all matoriAls or equiPrnent to br iiicorporated therein, whether in storage on or
off thy. site, and
6-19 -3 Other property at the site or adjacent thereto, including trees- shrubs, lawns, walks, pavements,
roadways. structures Aad utilities not designated for removal, relocation or replacement in the
course of r'onstructian-
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the preventioix of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY -
Ernerg_en €ies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is
obligated to act, at his discretion, to prevent threatened damage, injurer or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR beheves that additipnal Work done by him
in an emergency which arose from causes beyond his control entitles him to ark increase in the Contract
Price or an extension of the Contract Time, he may rnake a claim tfrerefore as provided in Articles J I and
12.
Shop Drawings and Samples!
6 -22 After checking and verifying all field rneasurernents- the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, sins
(6) copies {or at the CONSULTANT option. one repa-oducible 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
Page 52 of 74
Thomas F- Pepe
1�2 -23 -1 S
shall be complete wit1i respect to dimensions, design criteria. materials of construction and the like to
enable the CONSULTANT to review the infofma €ion wicfi out and` unneCessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for rev ie , with such prompuiess as to
cause no delay in Work, all sarnples required by €fie Contract Documents.
All samples shall have been cliccked by and swamped with the approval of the CONTRACTOR. identified
clearly as to inateriar. manufaceurer, any pertinent catalog nurnbers and the use for whi c h intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT. in writing, of any
deviations between the Shop Ora ings or samples and the requirements of the Contract Documents -
b,25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for cnnformaace wi €h the design concept of the Project and for complian €e with the
irifornikition given in the Ccntrac€ Documents. The review ref a separate item as su c h will not indicate
rcaiew of the assembly in which the i€ems functions, The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corrected copies of Shop
Drawings and resubmi€ new samples until the review ia saeisfactary 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 torsstitute representation to the CITY acrd the
CONSULTANT that Ffi e CONTRACTOR has either deterrnined andlor verified all quantities, dimension,
field construction criteria, materials, ca€alog numbers and similar data or trey assume full responsibility
for doing so- and that they have reviewed or coo rdirxated each Shop D4-awing or sample with the
requirements of the Work and the Contract Docurnents-
6-26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT- A copy of each Shop Drawing and each
approved sample shall be kept in good order, in a hank or binder, ifi 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 CONSU LTANT's review of Shop Drawings or samples shall nor relieve the CONTRACTOR from
his responsibility for any deviations from t.hr. requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT fias given writcen approval to ehc specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omisslorts in
the Shop Drawings or mnnples.
6,27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its
failure to notify the CONSULTANT of arty of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
Cleaning U�
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. dic CONTRACTOR shall remove all his surplus and discarded materials, excawated material
and rubbish as well as all other material and equipment that does not form a part of the Work, from the
property, roadways, sidewalks. parking areas, lawn and all adjacent property, In addition, the
CONTRACTOR shall clean his portion of Work involved in any budding under this Cantraer, so that no
further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property, both
public and private- which has been disturbed or damaged during the prosecution of the Work so as to
leave the whale Work and Work Site in a neat and present;kbla co rid i[ion.
6,29 If the CONTRACTOR does not clean the Work site, she CITY may clean the Work Site of the materials
referred to in paragraph 6. -2 8 and charge the case to ❑7c CONTRACTOR.
Public Convenience Arid Safety'
6.30 Tiie CONTRACTOR shall. at all tunes, conduct the Work in such a manner as ro insure the least
practicable obstruetiOn Co pt,bliC travel. The convenicrice of the general public and of the residents along
and adjacerot to the area of Work shall be provided for in a sa€isfac€ory manner, consistent with the
operation and local conditions. "Su-eet Closed" signs shall be placed immediately adjacent to the Work. in
a coaspicuous position, at such loeadons as traffic demands. A€ any time chat streets are required to be
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South
Page 53 of 74
Thomas f- Pepe
02 -23-15
Mdami Police Department, before LhEr strv..E -t is closed and again as soon as it is opened. Across to fire
hydrants and other fire ex[Inguisliirig equipiTient shail be. provided and maintained at ail times-
Sanitary Provision S;
6.11 The CONTRACTOR shall provide an -Site nffi cit. and necessary toilet kc :ilities, secluded from public
obsr= rvation, for use of all personnel on the Work Sire, whether or not in his employ. They shall be kept
in a clean and sanitary €ondi6on and shall comply with the requirernencs and regulations of the Put Ac
Authorities having iurisdt €Zion. They shall Commit no public nuisance. Temporary field office and sAnit"
facilities shat be removed upon €omplctiar) of Lhc Work and the prernises sha1I be left clean-
ini grnnification:
6 -32 Contractor shall cornply with Lhe indmmnifi cat ion requirements set forth in Lhc R F P and in EXHIBIT 2 of
the Supplementary Conditions (Lrsuranre an€E indemnification requirements).
6 -33 In the event that any a €tion or prucnpding is brought against OWN ERR or CONSULTANT by ruason of
any stich claim or demand, CONTRACTOR, upon written noti ce from CITY &half defend such action or
prnceeding by counsel satisfactory w CITY. The indemnificadon provided above shall obligate
CONTRACTOR to defend at its awn expwme c3 to provide for scich defense, at CITY'S option- any and
all Clairris of liability and all suits and a €Lions of every name and description chat may be brought against
OWNER nr CONSULTANT- ex €luding only those claims that allege that the injuries arose out of the
sale negligence of OWNER or CONSULTANT -
6.34 The obligations of the CONTRACTOR under paragraph 6,33 shall not extend Lo the liability of the
CONSULTANT, its agents or rniployces arising E ?tit of (a) the preparation or approval of maps, drawings,
opinions- reports, surveys, Change Orders, dr_sigris or specifications or (b) the giving of or the failure w
give directions or instructions by the CONSULTANT, its agents or employees provided such act. or
omission is 1-11EI primary cause of injury or darnAgE_.
6.34A All of die forgoing indemnrfacacion provisions shall survive the term of the Contra €L to which these
General Condition are a part. Indemnification shall not exceed an amount equal to Lhc toral value of all
insurance coverage required by Section 5.1 of this dor,ume. nt. I nd ernri ifi cabon is lirnitcd to damages caused
in whale or in part by any act, omission, or default of Lhe Contractor, the Contractor's subcontracLors,
sub- subconu-actor s, rnaterialmen, or agents of any ber or their respective employee& to chi eSCL12 r1L moused
by the negligence,, recklessness, or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the mHemnafyirig party in the perforir,xnc:e of the construction contract.
w5ponsibiIitr for Conriecti�n to. Existing Work:
6.35 It shall be the responsibility of cite CCNTRAIrT0R to connect its Work to each }gar* of the existing
VVark, "- i5ting building or structure Enr Work previously in &called a& required by the Drawings and
Specifications to provide a complete iris rallation,
6.36 Ex €avatinns, gradrng. fill - storm drainage, f34vEng and any other con scrtrebon or iristallation5 in rights -Of•
ways of streets, highways, public carrier lures, utility lines, either aerial, surface or subsurface, etc„ shall be
done in accorchnce with requirements of the special conditions. The OWNER will be responsible for
obtainirig all permits necessary for Lhc Work described in this paragraph 6.36. Upon completion of the
Work, CONITRACTOR shall present to CONSULTANT certificates- in €ripli €ate, from the proper
authorities. stating that the Work has been done in accordan €e with their requirements.
6.36.1 The CITY wrlI cooperate with thtt CONTRACTOR in obtaining action frrarn any utilities or public
authorities involved in the above requircrrrcrits.
6.36,2 The CONSULTANT shall be responsible far abtaining elevat+ons of €urbs and gurmrs, pavement,
storm drainage structures, and other items which must be established by govern rnPntaI
departmenL& as span as grading operations are begun on the site and, in any case. sufficiently early
in the € onstruction period to prevent any adverse EMUE't on the Project.
Qooperatiorr with Coyernmencal Qcpartrnents, f blic Ucilitics,..Etc,;
6 -37 The CONTRACTOR shall be responsible for making all necessary arrangements with governrnenul
departments, public utdicies- public r:arriers, service companies and cnrpor�tions (hereinafter referred to
as "third parties ") awning or controlling roadways, railways, water, sew* r, gas, electrical conduits,
telephone, and telegraph facilities such ns pavements, cracks. piping, wires, cabJes, conduits. poles, guys,
etc., rn €ludirg incidecrtal structures connected thp.ruwith, that are en countered in the Work in order chat
strch items are properly shored- supported and protected, that their location is identified and to obtain
Page 54 of 74
rtiornas V Pepe
02 -2] -is
authority from these third parties for relocation if the CONTRACTOk desires w relocate the iteM. The
CONTRACTOR shall give all proper notices. shall comply with all requirements of such third parries 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 parries for their
work.
6.37.1 The CONTRACTOR'S attention is called to the fact. that there may be delays on the Projec€ due
to work to be done by governmental departments, public utilites. and others in repairing or
moving pales, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
vway possible, so that. Ehe construction can be completed in the least possible time.
6,37,E 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 rare Work, a in any way affect the conduct of the Work and Ao plea of
misunderstanding will be can sidered err account of damage or delay caused by his ignorance
thereof.
Use Premises=
6.38 CONTRACTOP shall confine its apparatus, storage of materials, and operations of its wof kmen to the
limits indicated by faw. ordinances, permits and direttions 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 parr of any structure t.o be loaded with such
ei& as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6 -38 -2 CONTRACTOR shall enforce the rules and regulation prornulgatt`d by the CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking -
6 -38 -3 CONTRACTOR shall Arrange and cooperate with CITY in routing and parking of auromobiles of
its employees, subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that tome w rye Project site.
6.38 -4 The City will designate specific areas on the site For storage, parking, etc- and the job site shall be
fenced to protect the job site and the general public -
638.5 The CONTRACTOR shall furnish, inscali and maintain adequate construction office Facilities for all
workers employed by it or by its Subcontractors. Temporary offites. shall be provided and
Iorat.ed where directed and approved by the CONSULTANT. All swi-h facilities shall be furnished
in su-ict accordance with exist.i rig govern ing regulations. Field offices shall include telephone
facilities.
Protection. of1xip .Property Imp rovements:
6.38 Any existing surface or subsurface improvernenrs, such as pavements, curbs- sidewalks. pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted ire the Specifications as being removed or altered shall be protected from damage during
construction of the Project- Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal Ea that existing at the time of
award of Contract-
ARTICLE 7 - WORK BY OTHERS,
7.1 Tltc CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such dire ct contracts (or the OWNER, if it is performing the additional
Work itself), reasonable opportunity For the introduction and storage of materials and equipment and the
execution of Work and shall properly connect and coordinate its Work with theirs -
7-2 If any part of the CONTRACTOR'S Work depends upon proper execution a results of Eh Work of any
other € cntractor or the OWNER, the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficien €ies in such Work that render it unsuitable for the CONTRACTOR -s
Work.
7 -3 The CONTRACTOR snail do all cutting, fitting and parching of Ehe Work thn may be required to make
its severak parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
Work and shall only cut or alter their Work with Eh written consent of the CONSULTANT and of the
other contracto r whose work will be affected-
Page 5 5 of 7 4
Thomas F, P-e
OZ -23 -15
7.4 If the performance of additional Work by other corktracwf -i a the OWNER is nor noted in the Contract
aoeumerits prior to the exccirtian of the Contracr, written notice rhereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the OWNER ar others will cause the CONTRACTOR
Add itiori.�3 expense pr entitles him to an extension of the Contract Time, he may make a claim therefore
as provided in Articles I I and J2.
7.5 Where practicable, Eh CONTRACTOK shall build around the work of other separate contractors or
shall leave chases, slors and holes as required Eo receive and to conceal within the general construction
Work Eh work of such ocher separate contractors as dire €red by them_ Where such chases, slats, etc.,
are impratcticable, 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 alterarions after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of Ehe work of other contractors where it is cut by them and such patching
and finishing shall be aE the expense of CONTRACTOR
7.7 Cooperation is required in Eh use of site Fa citifies and in the detailed execution of the Work_ Each
contractor shaII coordinate their operation with these of the other Can."ctors for the best interest of
the Work ia} order to prevent delay in the execution thereof_
T.8 Each of several contractors working on the Project Sice shall keep Ehernselves inforniad of Ehe progress of
the work of other contractors_ Should lack of progress or defer dve workmanship on Ehc part of other
contractors interfere with Ehe CCNTRACTOR's operarions, Ehc CONTRACTOR shall notify the
CONSULTANT immediately and in wri Eing_ Lack of such norice to Eh CONSULTANT shall be
construed as acceptance by the C0NNTRACTOR of the stows of the work of other conrraacirs as being
satisfactory far proper coo rdinabon of CON TRACT OR`S own Work_
7.9 The cost of exwa Work resulting from lack of notice. untimely notice, fatiIure to respond to notice.
Defective Work or lack of coordination shall be the CONTRACTOR's cast,
7.1 Q The CITY reserves the right in tfie event &e CONTRACTOR Cannot provide an item($) or services) in a
timely manner as requested, to obtain Eh good ail dJor servites from other sources and deduct,rig the
cast iron-` the Contract Nice without viola Eing the irkte nt of the Contract,
ARTICLE It - MY'S RESPON518JI- ITIES.
8.1 The CITY will issua all communications to the CONTRACTOR through the CONSULTANT,
8.2 In cases of mrmination of employment of the CONSULTANT, the CITY wi11 appoint a CONSULTANT
whose status under the Ccrnracr Documents shall be that of the farmer CONSULTANT_
8.3 The CITY shall promptly furnish the data required of them under the Contract Documents,
8.4 The CITY'S duties in respect to providing ]ands and easements are set forth in Paragraphs 4.1 and 4,1
8.5 The CITY shall have Ehe right to rAke possession of and use any completed or partially completed
portions of Ehe Work, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such raking possession and use shall not be deemed an
a €ceptance of any Work not completed in accordance with the Contract Documents_
A]RTICLIE= 9 - CONSULTANTS' TATUS DURI NG CONSTRUCTION.
Ow's Representative:
9.1 The CONSULTANT shall be the CITY'S representative during the construction period_ The duties and
raspansibiIities and the Iimitations of authority of the CONSULTANT as tithe CITY'S representative during
€onsEruction are set forth in Articles I through 16 of these Generai Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANT's decision, in rrkatters relating to aesthetics. shall be final, if within the terms
of the CanrracE bocurnents,
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other
matters in question between the CITY .And the CONSULTANT arising out of or relating to this
Contract or the breach thereof, shall be decided irk 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
proceeding in accordance with the Contract Documents_ His efforts $hail be directed toward providing
Page 56 of 74
Thomas F_ Pep*
G2 -Z3 -15
assurance for the OWNER and all applicable regulatory Agencies that construction is in cornpliance with
the Coriaruction Dow men ts and applica4le, lAws, rules and regulations. On the basis of these on site.
observations as all experienced and qualified design professional, he shall keep the CITY informed of the
progress of the Work and small guard the OWNER against defects And defiicieneies in the Work of
CONTRACTOR,
ClarificationS Arid Interpre#a6unS=
9.3 The CONSULTANT shall issue, with reason abre promptness, such written clarifications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents- If
the CONTRACTOR seeks an increase in the Can tract Price or extension of Contract rime based an a
written clarification andfor interpretation it Shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of Ouantities,
9.4 All Work Completed under the Contract shall be measured by the CONSULTANT according to the
United Mates Standard Measures, AJ1 linear surface measurements shall be made horixonrally or vertically
as required by the item measured-
Rejecting Defective Work-
9-5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article I, it shall also have authority to require special inspection or testing of the Work
including Work fabricated 0 r or off site, inscArled or completed as provided- irl the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections andlor testing shall be
approved in writing by the CITY. All consequential cost of such inspections and testing, i rid uding 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 co move furniture and equipment Andlor the cost to provide alternative facilities until the repair
work can be completed- shall paid by the CONTRACTOR if the Work is found to be Defective Work-
shop Drawings, Change Orders and Payments=
9 -6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6 -25 through 6.28, inclusive.
9.7 In connection with the CON ULTANT'S responsibility for Change Orders see Articles 10, 11. and 12-
9,8 In connection with the CONSULTANT responsibilities vrirh respect to the Appili =ion for Payment, etc.,
sec Article 14.
D�sions on Disagreements,
9.10 The CONSULTANT shall bo the inidat interpreter of the Construction DOcuments-
LiMitations on ConsuitanE's Responsibilities!
9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precamdoirs and programs incident thereto.
9. f 2 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or an
Subcontractors, or any of their agent, serrhnEs or employees, or any ocher person performing any of the
Work under or through them.
ARTICLE 10 - CHANGES IN THE WORK,
10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions,
deletions or revisions in or to the Work which Shall only be authorized by a written Change Orders,
Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved- All such
Work shall be performed under the applicable conditions of the Contract Documents, If any authorized
written Change Order causes an increase or decrease in the Contract Price or an extension or
shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or
Article 12. A written Change Order signed by the CITY and the CONTRACTOR indicates their
agreement to the rerms of the Change Order. All Change Orders shall be certified by the
CONSULTANT as to the appropriateness and value of Ehe change iri the Work as well as to any change
in the time to complete the Work under the circumstances- The failure to include a time extension in
Page 57 of 74
Thomm F. Pepe
f12 -22- 15
the Change Order or in the request for a cbaoge order shall result in a waiver of any extension of time
due rq 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 nor inconsismnt with the overall intent of the Contract Documents without the need for a formal
written Change Ordcr provided the CONTRACTOR does not request additional time a additional
compensation. These may be accomplished by a written Field Order. Jf the CONTRACTOR believes
that any orange or alteration authorized by the CONSULTANT'S Field Order would entitles the
CONTRACTOR w an increase in the Contract Price or exicnsion of Contract Time. it must submit a
written notice of in rent to demand a Change Orden- within ewenty four (24) hours of the issuance of the
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim_
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shaII no€ enbde it to an increase in the Contract Price or an extension of the Con tract Time, except in
the case of an emergen cy as provided in paragraph 6.22 and except as provided in paragraph 10.2,
10A The CITY wilt exe cute appro priate Change Orders prepared by the CONSULTANT covering changes in
the Work. to be performed as provided in paragraph 4.4, and Work performed in an ernergency as
provided in paragraph &22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility €o notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract ?rice or Con tract Time and the amount of the applicable bonds shall
be adjusted ac cordiflgly_ The CONTRACTOR shall furnish proof of Such an adjustment to the CIT`l
before commencement of the Change Order Work. The Work shall be Stopped until the
CONTRACTOR provides such proof of adjustment in the Band amount and any such delay sha11 be
charged to the CONTRACTOR_
ARTICLE l I — CHANGE OF CONTRACT PRICE,
11.1 The Contract price constitutes the total compensation payable co the CONTRACTOR for Performing
the Work_ AH duties_ responsibilities and obligations assigned to or undertaken by she CONTRACTOR
shall be at its expense without changing the Contract Price-
11.2 The CITY may, at airy time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the Contracrr
including but not limited to changes to or in-.
11.2.1 Specificat ions (including drawings and designs);
11.2-2 Method or manner of performance of the Work.
11.2.3 CITY- furnished facilities_ equipment, materials, services, or site; or
I Ii.2A Acceleration in the performance of the Work-
11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR €o an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, it as otherwise provided in another section of the Contra ct Documents-
11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in
writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree wish
the dorlar amount of the Change Order_ If any Change Order causes an increase or de c rease in the
CONTRACTOR'S cost of, or the time required for, the performance of any parr of the Work under this
Contract, for which the CITY and the CONTRACTOR €annot reach a timely agreement an equitable
adjustment hosed on the cost of the Work shall be made and the Contract modified accordingl}r_
1 1.5 If the CONTRACTOf, intends to assert a claim for an equitable adjustment or contest the equitable
adjustmenr made by 0e CONSUI -TA T, it shall, within ten (10) calendar days after receipt of a written
Change Order, submit w the CITY and CONSULTANT a written notice including a statement setting
forth the general nature ar:d monetary extent of such claim for equitable adjustment, time extension
requested and supporting data_ In dererminirig the cost of the Change Order, the €acts shall be limited to
those listed in section 1 1.7 and 1 1.8.
1 1.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordan ce with this secrion or if asserted after final pgymernt under this Contra
113 The value of any Work covered by a Change Order or of any Clairn 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_
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Thomas F_ Pepe
fl2 -33 -i 5
1 1. 7.2 On the Basis of the reasonable cos€ and savings chat 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 casts together with backup documentation
11-8 The term cost of the Work means. the sum of all direct extra cows 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-.
1 1.8_ l Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll casts shall be limited to=
salaries and wages, plus the costs of fringe benefits which shell include social security
contributions, urremploymenr- excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site_ The expenses of performing Work after regutar
working hours, on Sunday or legal holidays shaaII be ineloded in the above only if authorized by
CITY and provided it was not in any wily, 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 throug4t him or
due in whale or in part to Defective Work of the CONTRACTOR.
11-8.2 Cast of all materials and equipment furrtished and in corpora red in the Work, including costs of
transportation and storage. ano manufacturers' field services required in connection therewith.
The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the
CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that
offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails
to timely notify the CITY of the discounts or if Ehe OWNER deposits funds with CONTRACTOR
with which to snake payments in which cases the cash distourkEs shall accrue to the OWNER_ Ail
trade discounts_ rebates and refunds, and all returns from sale of surplus materials and equipment
sha11 accrue to OWN Eft, and CONTRACTOR shall make provisions so that they may be
obtained-
11.8-3 Payments made by C0NTRA4CTOR to the Subcontractors for Work performed by
Subconwactors. If required by CITY, CONTRACTOR sha14 Obtain competitive bids from
Subcontractors acceptable to him and Aa11 deliver such bids to CITY who will then determine,
vAth the advice of the C0NSULTANT, which Bids wiIi be accepted. No subcontratt shall be a
cast plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcantractor is to be paid on the basis of Cost of Work plus a fee, the cast of the Work shall be
determined in accordance dtis se €lion I E.8 and in such case the word "Suhcontractor" Aa11 be
substituted for the word °CONTRACTOR ".
11-8.4 Rentals of all construction equipment and rnathirkery, except hand cools, and the parts thereof
whether rented from CONTRACTOR or oxhers in accordance with rental agreements
approved by CITY with Elie advice of CONSULTANT. and the costs of trarksportati�n, loading,
unloading, installation, dismantling and rernavaJ thereof - all in accordance with terms of said
rental agreerncrrEs- The rental of any such equipment, machinery a 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 governmental authority.
1 1.1 ,6 Payments and fees for permits and licenses_ Costs for permits and licenses must be shown as a
separate item.
I I.a_T The cast of utilities, fuel and sanitary facilities at the sire-
11.8-9 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with Ehe Work.
I t.8.9 Cost of premiums For additional Bands and insurance required solely because of changes irk the
Work. not to exceed two percent (296) of the increase in the Cost of the Work-
11.9 The term Cost of the Work sfrall NOT include any of the followinr'
1 1.9.1 Payroll costs and other €ompensation of CONTRACTOWS officers, executives. principals (of
partnership and sale proprietorships), general managers, engineers, architects. estimators, lawyers,
agents, expediters. timekeepers, clerks and other personnel employed by CONTRACTOR
Page 59 of 74
Thames F_ Papa
02-23-15
whether at the site or in its principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in Subparagraph 1 1.5,
11-9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site,
1 1 -9.3 Any pare 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 Cast of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 1 1.8.9)-
1 1.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
IimiLed co., the corre €ti on of defective work, disposal. of materials or equipment vwron* supplied
and making good any damage to property.
11.9-6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph 11-8.
1 1,10 Tfie CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
I l,IQ. I A mutually acceptable firm fixed price; or if none €an be agreed upon.
1 1,10.2 A mutually acceptable fixed percentage (not to exceed 15%)-
I I.I I The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost wd l be the amount of the actual net de c rease in casts calculated in the safne
manner as provided ifr 11.8- When both additions and credits are involved in any one change, the net
shall be computed to include overhead and profit, identified separately, for both additions and credit -
provided however, the CONTRACTOR shall not be en tided M claim lost profits for any Work not
performed-
ARTICLE 12 - TIME FOR COMPLETION. 11 IOLJIDATED DAMAGES AND CHANGIE OF THE
CONTRACT TIME.
12.1 Time is of the essence to This contract and the daze of beginning Arid the tirrre for completion of the Work
are essential conditions of the Contract. Therefore, the Work shall be commenced oo the dAce specified
in the Notice to Proceed and completed within the time specified for completion of the work -
l. 2,2 The CONTRACTOR shall proceed with Ere Work at such race of progress to ensure full Completion
within the Contract Time- le is expressly un die rswod and agreed, by and between the CONTRACTOR
and the OWNER, that the Contract Time for the completion of the Work described herein is a
reasonable time, caking into consideration the average climatic and econorni€ conditions and other factors
prevailing in the locality of the Work - No extension of time sha11 be granted dun con dicipns that the
Contractor knew of or should have known of before bidding on the project or due w inclement wonkier,
except as provided in section 127.
12-1 IF the CONTRACTOR shall fail to complete the Work within ehc Contract Time, c extension of time
granted by the CITY. then the CONTRACTOR shall pay Ea the OWNER tke amount of liquidated
damages as specified in the Con tra €t Documents for each calendar day after the scheduled daze for
cvrnpletion as adjusted by written Change Orders Er at extended the completion dace.
12 -3, I These amounts are not penalties but are liquidated damages incurred by the OWNER for its
inability to obtain full use of the Prolect. Liquidated damages are hereby fixed and Agreed upon
between the parties, recognizing the i mpossi bili ry of precisely ascertaining the amount of damages
that will be sustained as a consequence of such delay, and both parties desiring to ObviatO any
question or dispute concerning the amounr of said damages and the cost aad effect of the failure
of CONTRACTOR to complete the Contract on time. The above - stated liquidated damages shall
apply separately to each phase of the Project for which a time for € ompletion is given -
12.3-2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the
Work under this Contract,
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIMI= shall be based an written notice delivered to the C17Y and CONSULTANT within
five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature
of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated
and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change
in the Contract Time resulting from any such €laim shall be incorporated in a written Change Order.
12.5 All time limits stated in the Contract Documents are of the essence of the Contract.
Page 60 of 74
Thom# F. Pew
02 -23.15
12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiradorr of
fourteen ( 14) calendar days after demand has been made in writing to the CONSULTANT for such
Drawings. Furthermore, there shall be no monetary compensation for such delay and the
CONTRACTOR's sole remedy shall be an extension of time for the period of delay-
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather is documented by records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule,
12.8 No Damages for Delay; The CONTRACTOR agrees that he shall not have any claim for damages due to
decay unless the delay exceeds 6 months, whether individually or cumulatively. and their 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 tame as provided for in Section J 2.4 which shall be the sole and exclusive remedy for such
resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential,
irnpact or other costs, expenses or damages, in €Iuding but not limited to, costs of acceleration or
ineffiicierncy, overhead or Ivst profits, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption_ interference or hindrance be reasonable or
iurreasooable, foreseeable or unforeseeable, or avoidable or unavoidable.
12.4 -rfw CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st
day following the date of the event upon which the claim is based_
12.10 Dispute Resolution. If any dispute concerning a question of fact arises under the Contract, other than
terminaWn for derauit or convenience, the CONTRACTOR and the city department responsible for the
administration of the Contract shall make a good faith effort to resolve the dispute_ If the dispute cannot
be resolved by agreement, then the department with the advice of the City Attorney and the
CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE 13— GUARANTEE.
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the man ufacrurer or the
CONTRACTOR directly, all materials and equipment furn ished and Work performed for patent
Defective Work for a period of one ( I ) year from the date of Final Acceptance as indicated in the
CONSULTANT Letrar of Recommendation of Acceptance or from the date when the defe €t was firsr
observable, whichever is later. The same Iuartantee and unconditional warranty shall be extend for fire
(5) years from the date of Final Acceptance as indi €ated in the CONSULTANT Letter of
Recommendation of Acceptance for latent Defective Work, The CITY will give notice of observed
defects with reasonable prompEness_ In the even[ that the CONTRACTOR should fail to commence to
correct such Defective Work within ten (EO) calendar days after having received written notice of the
defect, or should the CONTRACTOR commence the torrective work, but fail to prosecute the
corrective work continuously and diligently and in accordance with the Contract Documents, appli cable
law, rules and reguIaations, the CITY may declare an event of default, terminate the Contract in whole or
in part and cause the Defccrive Work Eo be removed or corrected and to complete the Work at the
C0NTRACTOR's expense_ and the CITY shall Charge the CONTRACTOR the cast thereby incurred_
The Perforrnance Rond shall remain in full forte and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section 13.1, shall take precedence aver Section 13.1.
13.3 CONTRACTOR shall act as agent, on a limited basis for the OWN ER, at the CITY's option, solely for
the follow -up concerning warranty compliaacc- for all items under manufacturer's Wa rrantyiGuarantee
and for the purpose of completing all forms for Warranty /Guamntee coverage under this Contract_
13.4 Iry case of default by the CONTRACTOR, the City of South Miami may procure tfre articles or services
from other sources and hold the CONTRACTOR responsible far any extess costs occasioned or
incurred thereby,
13.5 The CITY may with hoId acceptance of, or reject items which are found upon examination, not to meet
the specification requirements, Upon written no6flc2tion of rejection, items shall be removed within five
(5) business days by the CONTRACTOR at his own expe »se and redelivered at Nis expense. Rejected
goods Icft longer than thirty (30) €alendar days shall be regarded as abandoned and the City shall have the
right to dispose of them as its awn property and the CONTRACTOR thereby waives any claim to the
Page 61 of 74
Thomas F_ P"
02 -33 -15
good or to compensation of any kind_ Rejection far Nan - conforming Work or failure to meet delivery
schedules may result in the Contract being found in default.
ARTICLE 14 - PAYMENTS AND COMPLETION.
Payments to Catratr,
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 farm described in the Contract Documents and the issuance by the City of a
"pearchase order ", or any other document, does not and shall not authorize the comrrtenrernipnt of the
Work_ At least ten (10) calendar days before eatb progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submir to the CONSULTANT a partial payment estimate filled
out and sided by the CONTRACTOR covering the Work performed during the period cowered by the
partial payment estimate and supparmd by such data as the CONSULTANT may reasonably require. AR
progress payment applications after the firsr progress payment shall be accompanied by partial releases of
lien executed by all persons, Firms and corporations who have furnished labor, services or materials
in corporated into the work during the period of time for which the previuvs progress oyrnent was made,
releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and equipment not iacorporated in the Work bur: delivered and suitably stored at or near sate,
the partial payment estimate shall also be accompanied by such supporting data. satisfactory m the CITY.
which establishes the OWN ER'S title to the malarial and equipment as well as certificates of insurance
praviding coverage for IOW. of the value of said marerial and equipment coyeeing 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 i nstailatio n. The
CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either
certifying in writing irs approval of payment and present the partial payment estimate to the OWNER, or
return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing
to approve payment_ In the latter case, the CONTRACTOR may make the ne €weary corrections and
resubmit the partial payment estimate_ The OWNEk, will within thirty (34) calendar days of presentation
to it of any approved partial payment estimate_ pay the CONTRACTOR a progress payment on the basis
of the approved partial payment estimate_ The OWNER shall retain ten (10%) percent of the amount of
each payment until Final Complexion and Acceptance of all Work cowered by the Contract Documents,
Any interest earned on the retainage shall accrue ro the benefit of the OWNER.
14.2 The CONTRACTOR, before it shall receive final payment, shah deliver to the CITY a Contractor's Finai
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indirec-tly. which was incorporated into the Work_ If any person refuses to provide such a release or
provides a conditional release, the CITY shali have the right to issue a joint check made parable to the
CONTRACTOR and such person.
Comractor's Warranty of IN
14.3 The CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by
an Application for Payment whether the Work material or cquiprner,t 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
cf 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 aitid equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or sucti other person_
Approval s LF -ay neat
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constiwte 8
representation by him to the CITY. used on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for payment and supporting
data that the Work has progressed m 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 air evaluation of the Work as a functioning Project upon substantial completion as
defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any
Page 62 of 74
Thomas F_ Pepe
02123-Is
qualifications stated in his approval); and that the CONTRACTOR is entided to payment of the amount
approved. However, by approving any such payment the CONWLTANT sha11 no[ thereby be deemed
to have represented that he made exhaustive or continuous on -site observations to check the quality a
the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and
procedures of construction or that he #rad made any examin .3tion to ascertain how or for what parpose
the CONTRACTOR has used the moneys paid or to be paid to hire on account of the Contract Price, or
that tide to any Work materials, or equipment has passed to the OWNER free and clear of any Liens.
14.5 The CONTRACTOR shalt make the following certification an each request for payment•
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this Work and that all materials included in this request for payment and not yer
incorporated into the construction are now on the site or stared at an approved tocation. and payment
received from the last request for payment has been used to make payments w all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed work
or supplied materials ".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same
amount of money shall be withheld from the CONTRACTOR's payment until ehe issue is resolved by
written agreement between them and then a joint check sha11 be made payable w 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 judgmem. 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 apaniort, it is
unable to make such representations to the OWNER as required this Section 14. It may also refuse to
approve any payment. or it may void any prior payment application tertificAtion because of subsequently
discovered evidence or the results of subsequent inspe €tton or tests to such extent as may be necessary
in its opinion to protect the OWNER from lass because;
14.6.1 of Defective Work, or completed Work has been damaged requirutg correction or replacement,
14.6.2 the Work far which payment is requested cannot be verified,
14.6.3 claims of Liens have been filed or received. or there is reasonable evidence indicatGng the probable
filing or receipt thereof,
14,6A the Contract Price has been reduced be €auae of modifications,
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14,6.6 of liquidated damages payable by the CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents,
14.7 Prior to Final Acceptance the OWNER, with the approval of the CONSULTANT, may use any completed
Pr substantially completed portions of the Work provided srrch 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.
10 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documenu_ This provision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the Care and protection of the Work, or the restoration of any damaged Work except
such as may be caused by agents or employees of the OWNER_
14.9 Upon completion and acceptance of the work the CONSULTANT shall issue a Certificate attached to
the Final Application for Payment that Eh Work has been accepted by it under the egnditions of the
Contract Documents. The entire balance found to be due tine CONTRACTOR. in €iudiog the retained
percentages, but excepr such sums as may be IawfuHy retained by the OWN M shall be paid to the
CONTRACTOR within Ehircy (30) calendar days of completion and acceptance of the Work,
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with
the Owner_ The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards_ ePayables, st,reafnIine the process of
making payments to +our organization going forward, die City will provide the CONTRACTOR with a
Page 63 of 74
Thomas R Pepe
02-23-15
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
appraval, an electronic remittance advice will be sent via a -mail, u fax, which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card far the amount
listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Farm
con mined in this RFP or contact the OWN E R's Finance department at (305) 663 -6343 with any questions,
Acceptance of f final- PVmgnt u— Re1se
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 c furnished in connection with the Work
and for every act and neglect of the OWNER acid others relating to or arising out of this Work. Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds -
14 -12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the
Work as may be necessary in his opinion to protect the OWNER from lass if he determines, because of
subsequently discovered eviden ce or the results of subsequent inspection or tests, that;
14.12,1 the Work is defe €tive, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
14.12,2 the Work necessary co be compieted for €he purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12,3 claims or Liens have been filed or received, or there is reasonable evidence indicating the
probable Filing or receipt €hereof drat, if valid and paid, would reduce the amount owing F.0 the
CONTRACTOR BY 20% in the case of Substandal Completion and 5% in the case of final
Cvmplerdon.
14 -12.4 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Compledon and 5
in the case of Final Completion -
14-13 if Oe CONSULTANT de-certifies any portion of €he Work that was certified ( "Initial Certification ") by
the CONSULTANT. the CONTRACTOR shall repay to the Ciry of South Miami any money paid as a
result of said Initial Certification being issued wfri €h shall be paid only when the decertified work is re-
cer6fied-
ARTICLE 15 – SUSPENSION OF WORN AND TERfiMINA110N.
15,1 The CITY may- at any time and vaithout cause, suspend the Work or any portion thereof for a period of
not more than ninery (90) calendar days by notice in writing r the CONTRACTOR and the
CONSULTANT- which shall fix the date on which Work shall be resumed- The CONTRACTOR shall be
allowed arc increase in the Contract Price or an extension of the Contract Time, or both, di, -ectly
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
I I or Article 12.
City May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the
benefrtr of its creditors, or if a trustee c receiver is appointed for the CONTRACTOR Or for any its
property, or if he files a petition to tale advantage of any debtor's act, or to reorganize under bankruptcy
or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, or if he repeatedly fads to make prompt payments to Subcontractors or for labor, materials or
equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any
provision of, the Contract Documents- then the CITY may, without prejudice to any other right or
remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of the CONTRACTOR and take possession of the Projecr and of all materials,
equipment, Coors, constructran equipment and mac Nnery thereon awned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished- If the unpaid balance of the
Page 64 of 74
Thomas F. Pepe
0'2.23 -15
Contract Price exceeds the direct and indirect costs of cornpleti rig the Project, including coinpernsarion
for additional professional services, such excess sha11 be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or Ehe Surety on the Peiformance Bond shall pay the
difference to the OWNER. Such costs incurred by the OWNER shall be determined by the
CONSULTANT and incorporated in a Change Order.
If after ter Minatron of the CONTRACTOR sander this Section, it is determined by a court of competenE
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and ONigo60rks of the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuaarit to
Section 15.5
15.3 Where the CONTRACTOR'S services have been so rerrninared by the CITY said Eermination shall not
affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter
accrue_ Any retenrion or payment of moneys by the O N1:R due the C0N- TRACTOR shall no release
the CONTRACTOR from liability_
I SA Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, ncc CITY
may, without cause and without prejudice to any other right or remedy, elec€ to terminate Ehe Contract
for the convenience of the OWN EFL. in such case. Eh CONTRACTOK shall be paid for all Work
executed and accepEed by Eh CITY as of the date of the Eermiro fion, minus any deduction for damage or
Defective Work. No payment shall be made for profir far Work which has not been performed.
I SAA The CITY reserves the right in the event the CONTRACTOR Cannot provide an item (s) or service(5) in a
Timely manner as requested, to obtain tJhc good andlor services from ocher sources and deducting the
cost from the Contract Price without violating ehe intenr of the Contract
Removal of Equipment
15.5 In the case of termination of this Corima before completion for any cause whatever, the
CONTRACTOR, if notifted to do so by the CITY. shall promptly remove any part or all of its equipment
and supplies from the property of the OWNER. Should ehe CONTRACTOR not remove su €h
equipment and supplies, the CITY shall have the right to remove them at the expense of 1h
CONTRACTOR and the CONTRACTOR agrees that the OWNER shalE not be liable for lass or damage
to such equipment or supplies_ Equipment and supplies shall not be construed co include such items for
which the CONTRACTOR has been paid in whole or in part.
CoTitractor May StTo Wank ar TerminzkM
15.6 If, through no act or fault of the CONTRACTOR, the Wo4,k is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court
or the CONSULTANT fails to act on any Applicarion for Paymenr within thirty (30) calendar days after it
is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT,
within thirty (3 0) calendar days of its approval, and presentation_ Then the CONTRACTOR may, upon
twenty (20) calendar days written notice to the CITY and nce CONSULTANT, terminate 1h CoatraeL
The CITY may remedy the delay or negle €t within the twenty (20) calendar day Time frame. If bmely
remedied by the CITY the Contract shall not be considered terminated_ In lieu of mrminaring the
Contract, if the CONSULTANT has failed to act on an Appli cation for Payment or the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due_
Indcmnificwuon of Independent. Consultant.
15.7 The CONTRACTOR and the CJTY hereby acknowledges that if the CONSULTANT is an independent
con€ractor of the OWNER, the CONSULTANT male be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER at the CONSULTANT'S request, agrees to
provide the CONSULTANT with a written indemnification and hold harmless agreement to indernnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
an interpretation, de- certifies a payment application decertifies Substantial Completion, decertifies Final
Completion, certifies. an even of default, or approves ail action which requires the approval of the
CONSULTANT.
Page 65 of 74
Thomas F. Pepe
02 -21-15
ARD-C .E. -I6 — Ml 5 C ELLA N E 0 US,
16.1 Whenever any provision of the Conti -Rct 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 rnember of the firm or
to an officer of the corporation for whorn it is intended, or if delivered at or sent by registered or
certified ma il, postage prepaid, to the last known business address.
16-2 The Contact Documents shall remain the property of the OWNER- The CONTRACTOR and the
CONSUL -TANT 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 Condidoas, Special Conditions and Supplementary
Conditions, if any, and the rights And remedies available hereunder, and, in particular but without
Iirnitatiorl, 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 iA any way as a Iirniradori of, any rights and remedies available
by law, by special guArantee ar 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 {2l } calendar
days of the first observance of such injury or damage.
ARTICLE 17 - YIIA&9R- E.1V.ftY TPJAL.
17.1 OWNER and CONTRACTOR knowingly, irrevoC3bly voluntarily and intentionally waive any right either
inay have to a trial by jury in State pr Federal Court proceedings in respect m any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder-
ART 11LED. ?- - ATTORNEYS FEES IURISDICTI0N f Y9LS UE 1 qQY—ERN 1M§LL.AYY—
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida,
18.2 The parties submit to the jurisdiction of any €curt of competent jurisdiction in Florida regarding any Claire
or action arising out of or relating to the Contract or Contract Qacuments. Venue of any action to
enforce the Contract shall be in Miami -Dade County. Florida,
18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof. shall be decided in a court of competent jurisdiction within the State
of Florida.
ARTICLE 19 - PROJECT RECORDS.
19.1 The CITY shall have righr to inspect and copy during regular business hours at OWNER'S expense, the
books and records and accounts of CONTRACTOR which relate in any way ro the Project, and t0 My
claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial aitid
accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and
make available to CITY all such books and records and accounts, financial or otherwise. which relate to
the Project and to any claim for a period of three (3) years following final completion of the Project.
During the Project and the three (3) year period following final completion of the Projeef-
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s,119.070 1) while providing services on behalf of the OWNER and the CONTRACTOR, under such
conditions, shall incorporate this paragraph in all of its subcontracts for this Project_ CONTRACTOR
and its subcontractors are specificaMy required to- (a) Keep and maintain public records that ordinarily
and necessarily would be required by the public agen cy in order to perform the service; (b) Provide the
public with access to public retards on the same terms and conditions that the public agency would
provide the records and at a cost that does not exceed the cost provided in This chap€er or as otherwise
provided by law, (c) Ensure that public records that are exempt or confidential and exempt from pubhc
records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all
requirements for retaining psrblic records and transfer, at no cost, to the public agency all public records
in possession of the contractor upon termination of the contract and destroy any duplicate public records
Page 66 of 74
Thomas F- Pepe
02-23-IS
that are exempt or confidential and exempt from public records disclosvre requirernents. All records
stored electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency,
19.3 If C0NTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this con tra €t provision by specific performance and the person who violates this
provision shall be liable to OWNER for ats costs of enforcing this provision, irttivding attorney fees
incurred in all proceedings, whether administrative or civil court and in all appellate proceedings.
ARTICLE 20 — SEVERAAILITY,
20.1 If any provision of the Contract or ehe 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 Eo
persons or situations other than chase as to which it sha11 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 la-
ARTICLE 2J — IIYDIERENDENT CONTRACTOR.
21 -1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject[ Eo supervision by the
CONTRACTOR, and riae as officers, employees, or agents or the OWNIFR. personnel policies, tax
responsibih6es, social security and heAI& insurance, employee benefits, purchasing policies and other
similar administrative pro cedur¢s. applicable to services rendered under the Contract shall be those of
the CONTRACTOR -
ARTLriE JL — ASSIGNMENT.
22.1 The CONTRACTOR Shall not transfer or assign any of its rights or duties, obligations anti responsibilities
arising under the Ecrrns, conditions and provisions or this Contract without prior written consent of the
City Manager- The CITY wi11 noe unreasonably withhold andlor delay its consent Ea the assignment of the
CONTRACT ORLs rights. The CITY may, in its sale and absoiuee diwreuarr, refuse to aItow the
CONTRACTOR ro assign its duties, obligations and responsibilides. In any event, ehe CITY shall not
consent co such assignment unless CON'T`RACTOR remains jointly and severailiy liable for any breath of
the Agreement by the assignee, the assignee meets ;LH of the CITY's req uirernen rs to the CITY'S sole
satisfa€tion and the assignee executes alt of the Contract Documents than were required to be executed
by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their
inclusion as part of the Contract Docurncnes on this day of 120
ATTESTED;
Signature;
CONTRA OR! , C 61�- -apt 671; Y +) 'f
Print Signatory `s Name' I t� �v � x�l � LU
Title of Signatory: `l p( A,+
OWNER- CITY OF SOUTH MIAMI
Signature:
Mama Menendez Steven Alexander
City Clerk Citf Manager
Read and Approved as to Form. Language -
Legality, and Execution Thereof_
Signature-.
CiEy Attorney
Page 67 of 74
Thomas R Pepe
02 -13- 1 S
EXHIBIT G
Supplementary Conditions
Drainage Irn provennents at Dante Fas €ell Park
RFP 4PR- 2015 -16
A- Consultant- In accordance with ARTICLE I of the General Conditions CONSUI -TANT is defiaed as the
person identified as the CONSULTANT in the .Supplementary Conditions or if none, then CITY's
design aied representative as identified in the Supplementary Conditions- The CONS U LTANT's, if any,
and the City -s Designated Representatwe's name - address, telephone number and facsimile number are as
fellows:
Consultant= Milian. Swain & Associates, Inc.
2025 S.W. 32 Avenue
Miami, FI 33145
Ph: 305441-0123
Fax= 305/441 -0668
B- Termination or Substitution of Consok snt; Nothing herein Sha11 prevent the Ct7Y from terminating the
services of the CONSULTANT or from substitucing anorJter "person" to act as the CONSULTANT -
C. Mans for Construcuorr_ The successful CONTRACTOR will be furnished one ( I ) sees of Contract
Documents without chaW. Any additional copies required will he furnished Ea the CONTRACTOR at a
rose to the CONTRACTOR equal to the reproduction cost_
D. The Scope of Services is set forth in uhc RFP and in the document set forth in the attached EXHIRIT r.
Attach merttA & B.
E. Contractor shat) comply with the insurance and iademnification requirements is set forth in the RFP and
in the document set forth in the attached IEXHIBIT 2
F. The Work shall be completed in AD working days unless a shorter time is set forth in the Con tracr and
in such everit the Contract shall take precedent notwithstanding any provision in the General Conditions
to the Contract that may be to the contrary. .
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as pare of the Contract on this day of �0_
ATTESTED=
Signature=
CONTRA TO R A( CA` C C •- Co
Signature: t�'L . }
Print Signatory's Name=
Title of Signatory:
e7 i
OWNER= CITY OF SOUTH MIAMI
Signature..
Maria Menendez Steven Arexander
City Clerk Clay Manager
Read and Approved as to Form, Language,
Legality, and Execti6on Thereof
Signature..
City Attorney
END OF SECTION
Page 68 of 74
'Chomas F- Pepe
G2 -23 -15
RESPONDENT QUALIFICATION STATEMENT
Drainage Improvements at Dante Fasce11 Park
RFP 91311-2015-16
The responSe to this questionnaire shall be utilized as Part of the CITV'S ovemlit Proposal MIuauon and
RESPONDENT selection -
1. Number of similar projecrs €ompleced.
a) In the Past 5 years 9
In the past 5 years On Schedule 8
b) In the pasr 10 years _ 1
Irk the psst 10 years On Schedule 10
Ill. List the last three (3) completed similar projects.
a) ProjecE Mame: 2e St- _ RP_ s -- _
Owner Name: City of Miami
Owner Address: 444 Ne 2 Ave. Miami, FL
Owner Telephone: 105-41 f; - l7 8 5
Origkr7al Contract Comptetion Time
(Days); 90 days
Original Contract CDrnpletkark Date:
Actual Final Contract Completion
Date;
Original Contract Price-
Actual Final Contract Price_
b) Project Name:
Owner Name;
Owner Address;
Ownea- Telephone:
Original Contract Completion Time
(Days);
Original Contract Complebon Dale:
Actual Final Con"a Completion
I)atE?_
Original Contract Price=
Actual Final Contract Price
Page 12 of TA
Thomas F. Pepe
0113 -15
412812414
41281,2014
330.677.83
330,677.83
La Pa.storlta
r� .of-- i a m i
444 Ne 2 Ave. Miami, FL
305- 416 -1786
6 a slayq
7/26/2015
7/2i/2015
171.040
17 .1. O- ,D. - --
C) Projeci Name: Co 1 aj_.. , ook Irn rovement
Owner blame, City f
o Miami
Owner Address; 444 NE 2 Ave, Miami, FL
Ovmcc Telephone: 305-416-2588
Original Conu-acr Completion Time
{Dabs)' 120 days
0rigiTiaai Conrracr Completion Dare: 1/26/2015
Actual Final Conrrace Completion
Date. 1/26/201-5
Original Contract Price; 3 7, 0 0 0
Actual Final Contract Price;
111. Current workload
237,_0Q0
See Attachedlork on Hance
IV. The following information shall be attached to 4he proposal_
a) RESPONDENT's home office organisation chart.
b) RESPONDENT'& proposed project organizational chart_
c) Resumes of proposed key project personnel, including on -site Superintendenr_
V. List and describe any-.
Page 13 of 74
TFlornas F. Pepe
OZ -Z3 -15
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Henry Angelo III
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ice President
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Henry Angelo III
President
Career
As President and founder of H. A. Con( racting Carp_, I ienry Angelo III has successfully completed
ove r 2000 construct ion p rojects. Hisconstruct ion recordisspotless ,with zero defaults, zero Claims,
zero safety violations and zero liquidated damages assessed. Ivlr_ Angdt) is the driving Force for
[LA_ Contracting Corp. His determination, experience, and cornPrehensirm ref the construction
i rid ustry at large ha-, �!nablcd hinn ccintinued success in a volatile market,
Mr. Angela has been immersed in f:ortsl rucLior, his entire life_ Born to the owner of H Angelo &
Sans, he was exposeci early in his li fe to the rigurs of conystruction work. Here he gained the hands
on experience, traveling from state to state For his father_ NIL Angelo still draws upon all of his
"hands on kiowledge" today. After graduation from the UiiiversiI y of Florida, 11e there event on to
start his own company. Through his efforts, H. A. Contra Corp, employs fifty full -tinie staff
inci nbers ;end has perinanent offices in Miami -Dade, Palm Beach anti lir()warJ C.0UntiC5.
Selected Project Experience
Henry Angelo iII has overseen virtually every type of construction proiect- His e pCriencF�
indtides, but not limited to, fire stations, banks, prisons, hospitals, punip stations, lift statiors,
Public schools, colleges, comaiunad facilitiew, s *a walls, public parks, government buildings,
residences, roadways, kilns, churches, musetims, barracks, airports, and parking garages.
Nicholas Angelo
Vice President
Career
Nicholas Angelo jQirrecl Ilk l >rol.her I fenry, in 1981) as Vice President of H.A_ Contracting Corp.
Along with his brtTther, a'richcTias grew tip in the comitruction iridwtrv, He spent his teenage
summers working in the field [or his father at H Angelo & Sun& It was in the field that Nicholas
learned first hand knowledge o €constriction activities_ It was in hiL, early years that lie cstablished
an unprecedented work ethic.,
With a variety of licenses, including Real Estate, Mortgage Broker, and Construction , Nicholas
brings diversity to H-A. Contracting Corp. His experience with real - estate and development
coupled with his knowledge of the construction industry makes hini invaluable in the field of
construction development.
Selected Project Experience
Nicholas Angelo is C:hicf of Operations fi)r Ii.A. Contracting C orp's Broward and Paine Beach
office,. He is alsc) head of our ip,house watexprooftng, plurnhing, and carpentry divisions_
Thrciughotil hiq lifer iinc, Nicholas has labored on anti oversaw a variety (if construction projects_
These projccts include, btjt not limited to, fire wit ionL., banks, prisons, hospitals, pump stations,
lift stations, public schools, colleges, correctiona] facilities, sca walls, public parks, governnicnt
building;, residences, roadways, klins, churches, museums, barracks, airports, and parking
garages.
Education
Bachelors in Building
Construction
University of'Florida 1476
Associates in Arts
Miami Dade College 1974
Licenses
C.ertificd{ CTieraI
Contractor CGC, {) 30703
Certified Underground
Utilities & Excawating
CUC: 056875
Education
Miami Dade College
Rui1ding Construction
l97-,-)
Years Experience
Total 35 years
H. A. 30 years
Licenses
Certilied General
Conti -m -tor
(Inactive) C GC 020522
Cutificd Real Estate
#0435780
Henry Angelo IV
President of Pre-Construction
.ervie lProJect Man >r
Career
Henry Angelo W is the fourth generation Contractor in the Angelo family and a graduate from
the University of North Florida, School of Construction. While in school, i4enry worked summers
at H.A- Contracting C orp- lie spent most of his time handling and preparing BFI's, Rr 's and
construction schedule. Upon graduating from University of North Florida, he was prornolcd to
Lead Project Manager- henry is taki jig ' hat his father has taught him, along with his new ideas and
bard work which wilt be a valuable asset to 1 hfe company,
Selected Project Experience
Henry is currently working on the 8() 1 Rrlckell Avenue- LaH di ord improvements, a 15,000 sq. ft.
selective interior deTTlUlition and restroom renovation project, with Janes Lang i.aSalle and the
Broward "Transition Center, a 704 -1)0, commercial, transitional facility For noncriminal US ISS
detainees, with 'Mt: (aec Group-
Victor Angelo
Vice President of Finuce
Career
Victor developed his accounting background, while in ('allege, working fin- Scott M. Venge) CPA
preparing personal & corporate tax returns, interiin planning and financial stalements, He started
his career as an AssiL, tant Financc Manager for H -A- Contracting Corp. Recently after joining 1i -A„
Victor graduated from Florida Atlantic Univenity with a Bachelor of )Business Adniinistralion in
Accounting and in Real Estate - He then took over the role of Vice President of Finance, assuming
responsibility of all accounting, payroll, and inarketing duties, He is an essential compnr1eni in the
budgeting acid cost control with in each protect- I le possesses all the dualities needed for successful
project adIniniL, tration, While maintaining excellent relations with the subcontractors-
Selected Project Experience
Victor is currently involved in a contract with a Miami -Dade Counly infill Homing Project. He is
overseeing the Tnarkefing, development a,id finance of new construction of 20 borne, along with
coordinating with the County, franks, lenders, buyers, architects and planners.
Education
Univeristyof North
Morida
Rachelor of Science
Building Construction
2010
Years Experience
` olal 5 years
1L A. 5 years
Licenses
OSHA 10 1 four
#30003109781
ArTnV { ozp, of
Engineers
Education
Florida Atlantic
University
Bacheilor of Business
Administration its
Accounting 2011
liachelor 0f BLrin"s
Administration in J! C.ai
Estate 2011
Years Experience
Total 4 pears
H.A. 4 years
Licenses
Real Estate &iles
Associate # SL3272161
James Ceavers
Project LEER na er
Career
Jaw e,,; started his career as an Assistant Project Manager for H.A- Contracting Corp, Upon graduation
from the University of Miami, with dual degrees, in Electrical and &-iechanicai Engineering, James
coon continued his career and joined Pistorino and Alain Consulting Engineers- James worked
as an Assistant Project ManagerlInspi odor. While at Pistorino and Atarn, James gained valuable
experience in the field of LEEDS and currently folds AP I,FRDS certifications- James N now the
l FED consultant for H.A. Contracting Corp. Jaines has, al, cu found the time to start Advanced
Concept-, Fngi nearing and Co AC;EC: is an up and coming engineering anti constriction
company wbich is establishing itself as a reliable and quality oriented company she South Florida
construction industry.
Selected Project Experience
As an Assistant Project klanager for H.A. Contracting Corp, Jaines gained much experience in
Pump Statiom,, Giver[ his natural ability and his background in both Electrical and Mei hanical
Engineering, he was a perfeo fit for the COMplex and often convoluted work on pump stations.
At Pistorino and Alam, James shared his titre both in the field and in the office, He has been
the inspector For several high -rise mixed use and condom i11itiTn buildings throughout downtown
?1+Iiami, Brickell acrd Pal rn Beach, His backgrotnid in MechaT7 ical and Electrical EFIgi Tick! ring a]Iowed
Jaines to perforin the wc,rk of two [radii ional engineers, inakiTig a huge asset to lily company,
Henry Schmid
Pro'ect Mangy er
Camer
After graduating, with h[encrrs, from Jr1orida International University in 1991, Hank quickly
entered the construction field working for Kewet t -Kier. Hank gai nc.J valuable experience during
his employment as a Quality Control Inspector for the HniT7ustead Airforce Base- Realizing his
potentia], Hank moved ern from Hewett -Kier to Design Build Construction, inc- Ifere he worked
as a Project Manager ern a variety nfprojucts throughout Miami Beach- Mnst ratable, Hank was
the Projcct Manager for the City of Miami reach, Charnber of Commerce wh4:h he completed
in 2003- Seeking to further his career, Ilank joined H.A. {contracting Corp tearn in 2005. With
his superior knowledge of scheduling, estimating, procurement, and project management, Hank
Schmid quickly 1)ccame one of H.A- Cont ract i ng C orp,. premier Project Managers,
Selected Project Experience
As one oFthe chief C orlstruction Managers far H.A- C:oritracting Corp, flank Dandles our projects
iii Miarni Beach anti the Miami -Dade County. Hanks most notable project was the City of Miami
Beach, Chamber of Commerce. Hank completed another well recognirud project, North Share
Open Space Park on Miami Beach. Thi-, beautiful park was recognized on the cover of the Qt }'w
hrc>chure as one cif its shining aehievements-
Education
UoiYersily of Miami
Bachelor of Science
Electrical Engineering 2005
UniyersiCy of Nliarrti
Bachelor of Science
Mechanical Engirk- ucring
2005
harvard University
N'lasters in RLisifws5
Administration 2012
Yeats P.xpericuce
Total 8 y -ars
H. A. 3 years
(ACenscs
LEED Certified 2008
GRC I# 41364118
Education
Florida Intern ationa]
University
Bachelor of Science
Construction
Management
Years Experience
Total 20 years
H. A. S years
Carrie Pi err tte
Prof ct Manager
Career
While in college Carrie began his carreer working for MI. Janes C;oi)A.ructioji as a Project
Manager in 20 l 0, l le later joined Moriarty and Associates of Florida a5 a I -'ield Lgineer
its 2013. He spent his t1nie at Moriarty working on the Jorge Perez Miarni Art Museum,
Shortly after Carrie graduated frog Florida International University with a Bachelors of
Science in Cmistruction he became a nicniber of the team at HA(_'(,,
Selected Project Experience
I'erez- Mianii Art MLISeurn
Save -A -Lot
Family Dollar
Bank of`Anierica
Publix
CVS
Brian Douglass
Pro-ject Superintendent
Career
Brian derived Ii is, pawslon for construction at an early age, after working as a laborer thro ugh oul
Nigh school sLMI TI-It r5 for Pinkerton ail Laws Co, remodeling superniarkets and building hotels.
I I received his A -,sociates Degree From t }niversity of North Florida before returning to Miami
I Cinish his Bache]ors program. Briaii is a currently enrolled in I he OH School of Con 51 ruction
at Horida Internationai University, Before working with KA. Contracting Corp, Brian worked
as ;t teChI iCiaTl For South Florida Utilities, Inc. who specialized in lift station rehabs as well as
relocating and specialized transportation of very large C XI' generators.
Selected Project Experience
In the short S1mollIlt Of'tiTni: that Brian has f) �-cn a member of the ii_A_ Contracting Corp- team,
he has Deer) a project swpt:Ontendent on five different remodeling jobs in Lade and Browartl
{:oui] ties. ,Vwo of these jabs consisted of reniudeling several fiofirs (if different office buildings_
While the other three, consisted of renovations, one which has been completed at the W t
Regional {:ounhouse in Broward County Currently, he is working on exterior renovations at the
Bruward Trai1sititrnaI Center and interior renovations at Seneca Industrial Park
Education
Miami Dade Colfegc -
IN-flarni, FL
A,soiiates fif Arts in
Archi(ccture May 2010
Florida L3ternational
Upl.ivusity- Miami. FL
Bachelors of Science in
CoMgructiun
Management
Dmernbee 2013
Years Experience
'Total 5 ycars
H. A. I years
Education
UniversiFy of North
Florida
AA Degree 2010
Florida International
University
Bacheoor cd Scienc:e
Construction
Management 2013
Years Experience
Total I 1 years
H_ A_ 3 years
Li censes
OSHA 0 -hour
V'30-6006708180
Danis Dra
Pro -ject SUPerintendent
Career
As a fourth generation in the construction industry, Dennis career came as no surprise- Dennis
slatted his career, as a laborer, for his Father at Dara Construction - After several Years viorking for his
father, Dennis moved to H Angelo & Company. To further his career, Dennis started school at Miami
Dade College in 1980- it was during this time that he left H Angelo & Company to join the newly
formed H -A- Contracting Corp. Dennis quickly moved up the ranks at H -A- Contracting Corp- His
field experience and knowledge gained at -Miami Dade, coupled with his passion for the industry inakes
him an excellent project manager.
Selected Project Experience
In the past 22 years, Dcnnis has c:ampleted over 500 projects f or H -A. Contracting Corp. His project
experience covers every aspect 0f coils Lruction- One ofhis most notable projects was the Miami Edison
Senior I Iigh Renovations. Miami Edison Received and ' T" rating and underwent a massive undertaking
mandated by the superintendent - 'This iPicluded the "Fast - track" renovations to the facility successfully
Completed by Dennis- Additional noteworthy proiects include; the new construction of Sun Bank
Hammocks Branch and Holy Family i,piscopal Church, Calcium Carbonate Booster Station, New
Western Well -field, GW Carver Window Replacement, and various projec-ts at Miami Dade College.
When H -A. Contracting Corp was awarded the first Miami fade County Public Schools contract in
1994, Tennis was assigned as project manager For the c-aotract, Over the last 15 years, Dennis has acted
as project manager for 20 job Drdcr Contracts between Miaini lade County Public Schools, the City
of Miami and the City of Miami Bear h. The value of Cons Lruction perforined lmder these Job Ordcr
Contracts totals over 550,000,000.00.
Education
Miami Davie College
AA Degree 1988
Years Experience
Total 28 years
H. A- 22 years
a) bankrupt €y petitions filed by or igainst the Respondent or any predecessor organizations,
None
b) Any arbieradan or Civil' or criminal proceedings_ or
None
Suspension of contracts or debarring franc Bidding or Responding by any public agency Brought
c) against the Responden4 in 4he last five (5) years
None
Vl. Government Refereni-es;
L+st other Government Agencies or Quasi - government. Agencies for which you have done business wirhin
the pastfrve (5) years_
Name of Agency:
Address: See attached past clients
Telephone No.;
Contact Person_
Type of Project;
Name of Agency.
Address
Telephone No.-.
Contact Person:
Type of Project.
!lance of Agency:
Address:
Telephone No.;
Canta€t Person.
Type of Project:
Thames# F, Pope
02-234S
Page 14 of 74
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LIST OF PROPOSED SUBCONTRACTORS AND PRFNCIPAL SUPPLIERS
Dr-Ainage Improvem4mts at Dante Fas cell Park
RFP MPR- 201$ -1 b
Respondent shall list all proposed subconcra €tars, if subcontractors are allowed by the terms of this $olicitation to
be used on this project if they are awarded the Contract,
classificarion of Work
Landscape
Subcontractor Name
Addircss
Telephone,
Email
Sodding and Turf Work
Electrical
Irrig}atioh
Paving
Star Paving
9312 NW 13 ST
305- 463 -9050
F%rk Ameni€ies
Graphics
Ulilifies
Excavadon
Star Paving
312 NW 13 ST
305 - 463 -9030
Building
$tructures
Plumbing
irlting
Testing Laborawry
Soil Fumigator
Signs
Other:
Yi.
I rrrS list snaii oe provided to the 4.ity or Novtn Miami by the apparent lowest responsive and responsible Bidder
within five (5) business days after Bid 0perking,
END OF SECTION
Page IS of 74
Tharnal F. Pepe
02-2.3-IS
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI•DADE
Henry Angelo I I I being frrst duly sworn, deposes and states that;
(1) HeJSheFMeX islare €he President
(Owner, Partner, Officer, Representadve or Agent) of
H.A- Contracting Corp- the Respondent tfra€ has submitted the
attached Proposal;
(2) H&She/They isfare fully informed concerning the preparation and Contents of the attached Proposal
and of all pertanem circurnstances concerning such Proposal;
(3) Such Proposal: is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of irs officers, partners, owners, agents, representatives,
employees or parties in interest, including €his affiant, have in any way colluded, conspired, connived
or agreed, directPy or indirectly, with any other kespondenL firm, or person to submir: a collusive or
dram Proposal in connec €ion with the Work for which the auached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directjy
or indirectly, sough4 by agreement or collusion, or corn rnunication, or conference with any
Respondent, firm, or person to fix any overhead, profit, or cos€ elements of the Proposar or of any
other Respondent, or to fix any overhead- profit, or cost elements pf the Proposal Price or the
Proposal Price of any other Respondent, or €o secure through any collusion, conspiracy- connivance,
or urrla fur agreemen€ any advantage against (Recipient), or any person interes€.ed in the proposed
Work;
(5) The price or prices quoted in &e attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivaore, or unlawful agreement on the part of the Respondent or any other
or its agents, representatives - owners, employees or parties of interest, including this affianc-
Signed, sealed and delivered in the presence of;
Itn ss
STATE: OF FLORIDA
COUNTY OF MIAMI -DADE
Signature
Henry Angelo. Ili President_
Print Name and Ti €le
August 13, 2015
Date
ACK JQyYLEDGI =MENT
On this the _ day of _,&wa _, 20i before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individuals} who appeared before
Page 14S of 74
Thomas F. Peps
02.23-15
notary} Henry Angelo I I I and whose
within instrument. and heishelthey acknowledge that helsheithey+ execy ied it:- /
WITNESS my hand and official seal.
NOTARY PUBLIC;
SEAL OF OFFICE;
�!Y COh�1SSI0N #fF 190632
F'± MGM June 9.
Oea = Thor FbLMv Pjjr U�
x
) islare.ubscribed to the
Public. State of Florida
PWDlic; Print Sts mp or type as comr„ issioncd.)
Personally known to me, or
Personal identification_
Type of I dentifi otio n Prod LiCed
Page 17 of 74
Thomas F- Pepe
02-23-IS
Did take an oath, or
Did Not take an oath.
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuan€ Ca the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affdiare
who has been placed on the convicted vendor lisr fallowing a Conviction for a public entity crime may nor submit a
Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Rid or
proposal for a Contract with a public entity for the conserurrion of repair of a public building or public warp may
not submir bids or proposals on leases or real property to a public entity, may not be awarded to perform Work
as a RESPONDENT. Sub- contractor, supplier- Sub- consuitan.E, or Corisultant under a Contract with any public
entity- and may riot transact business with any public e4dry in excess of the threshold amount Category Two of
Section 287.017, Florida Statutes, for thirty six {36} rnonEhs from the date of being placed on the convicted vendor
I isE "-
The award of airy roritratt hereunder is subjecr to Elie 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 ernployee of the City of Soul} Miami or irs agencies.
SWORN STATEMENT PURSLIANT TO SECTION 287 -133 (3) {a },
FLORIDA STATUTE . ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNIED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFIC1AI, AUTHORIZED TO ADMINISTER OATHS.
I . This sworn statement is submitted to
City of youth fVtiar-ni
[print name of the public enEisy]
by Henry Angelo III President _
[print individual's name and title]
for H A C anti tirtg C:nrn
[print name of entity submitting sworn statement]
whose business address is 9500 NW 12 Street Bair 1
Miami, Flodda 33172
and (if applicable) its Federal Employer Identification Number (FEIN) is - 2283147 (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement,
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statute,
means a violation of any state or federal law by a person with respect co and directly related to the
transaction of business with any public entiry 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 w any public entity or an agency or political subdivision of any other state or of the
United Stares and involving antitrust, fraud, Eheft, bribery, collusion, racketeering, conspiracy, or material
mi.srepresentatl on-
3- 1 understand than "convicted- or "conviction" as defined in Paragraph 287 -133 (1) (b), FloridA
Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indicErnent or
information after July 1, 1984, as a rewit of a jury verdict, non -jury trial, or entry of a plea of guilty or
nolo eoriteridere,
4- 1 understand that an "affiliate" as defined irl Paragraph 287 -133 (1) (a), Florida Sn3tutes, means=
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime, The term "affiliate" includes those offrcers.
Page 18 of Tel
Thomas F. Pepe
02-23-13
directors, executives, partners, shareholders, employees, members, and agents who are active in
the managerent of an affiliate. The ownership by one person of shares con scituting a controlling
interest in any person, or a pooling of equipmen€ or income among persons when not for fair
market value under an arm's length agreement. shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a pubhc entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida $tatutes, means any
naeural person or entity organized under the laws of any state or of the United States with the regal
power to enter inm a binding contract and which bids or proposal or applies to bid or proposal on
contracts for the provision of goads or services let by a public entity, or which otherwise transacts or
applies to ti,ansact business with a public entity_ The term "person" includes chose 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, 1999,
The entity submitting this sworn statement, or one or more of its officers, directors, executives.
partners, shareholders, employees, members, or aigenrs who are active in the management of she entity,
or an affiliate of the entity has been charged with and convicted of a public entity Crime subsequent to july
1, 1989,
The entity submitting this sworn statement, or one or ntore of its officers, diracEors, exetutives,
partners, shareholders, employees, members, or agents who are active in the management of the er~tity,
or an affiliate of the entity has been charged with and convic=ted of a public entity Crime subsequent of July
I, 1959, However, there has been a subsequent proceeding before a Hearing Officer of the $tote of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitring this sworn soternent an
the convicted vendor list_ [attach a copy of the final order.]
i UNDERSTAND THAT rHF SUaMIS5fON OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INVENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUU1,IC ElN11TY ONLY, AMC) THAT THIS FORM 15 VALID
THROUGH DECEP99EK 31 OF THE CALENDAR YEAR IN WHICH IT 15 FiLED. I ALSO UNDERSTAND THAT I Am
REQUIRFO TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN CXCE55 OF TF+E
THRESHOLD AMOUNT PROVIDED IN SECTION _2eTl) , FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
i ature] {.
Sworn to and subscribed before me this 13 t day of Augus _v - 20
Personally known }(X �}
OR Produced identification N} tart' Public — State of Florida
My commission expires
(Type of identification) (Printed, Typed or stamped commissioned
Form OUR 7068 (Rev_0611 1192) name of notary public)
C14'. Fk ll if FF 194 Thane F. Pe Page [ 9 of T 9, tai P� 61G�.� ur re
0$ -23 -I S
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal vrith respec€ to pri ce, qualiry and service are received
by the State or by any polidcaI subdivisions for the procurement of commodities or contracnial services, a Bid or
Proposal received from a business That certifies that it has implernented a drug -free workplace prograrn shall be
given preference in the award process. Established procedures for processing tie Bids or Proposals shat) be
(allowed if none of the ded vendors have a drug -free workplace program_ In order to have a drug -free workplace
program, a business shall=
I) Publish a statement notifying employees that the unlawful man ufacrure, distribution, dispensing.
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions than shall be taken against employees for violations of such prohibition_
2) Inform employees about the dangers of drug abuse in the workpLace, the business' policy of
maintaining a drug -frela workplace, any available drug counseling, rehabiIiradon, and employee
assistance programs_ and the penalties that may be imposed upon employees for drug abuse
violations_
3) Give each employee engaged in proyi6rigthe commodities or conuacrual services drat are under
Rid a copy of the statement specified in Subsection ( I ),
4) In the statemenr 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
nalo €onrendere to_ any violation of Chapter 993 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_
5) Impose a sanction on, or require the satisfactory pmicipadon in a drug abuse assistance yr
reh3bititation program, if such is available in the employee's community, by any employee who is
so convicted,
b) Make a goad faith effort to continue to maintain a drug -free workplace Through im pie mentation
of This section,
As the person authorized to., ig7 the statement I cereify That this firm comphes hilly with the above requirernenrs_
RESPONDENT's Signaeure =+ 1
Print Name: Hen An elb Ii
Date- August M, 2015
Page 24 of 74
Thomas F. Pepe
02-23-15
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
we- H-A_ Con tracting Corp. , (Mime of CONTRACTOR), hereby acknowledge and agree that as
COfdTfiACTOR for the Drainage Improvements at Dante Fas €ell Park project as specified have the sole
responsibility for compliarnce with all the requirements of the Federal Occupational Safety and Health Act of J 970_
and all Staee and local safety and health regulations, and agree to indemnify and hold harmless the City of South
Miami and Milian, Swain & Associatas, inc., (Consultant) against any and all liability, claims. damages_ fosses
and expenses ehey may incur due to ehe failure of ($ub- contractor's names ):
to comply with such act or regulation.
CONTRACTOR
H.A. Contracting Crop. -
�l�/i ess
f
BY. i {f .. , L
blame
Title
?age 21 of 74
Thomas F. Pepe
02 -23 -15
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity_ who is responding to the City's soli €itation. hereinafter referred to as "Respondent ", rnusE
certify that ehe Respondents name foes Not appear on the State of Florida, Department of Marragerrrent Services,
"CONVICTED, SUSPENDED. DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LIST I NG S "_
If the Respondent's name Does appear on one or all the °Listings" summarized below. Respondents must "Check
if Applies" next to the applicable "Listing_" The "Listings" can be accessed through the following link to the Florida
Department of ManagerncnE Services website-.
hullyyvr. drrls_ myflorida _cam{busines�opec3tir�.r'�ste , a. s��in }vendar_inforrnationfronvicted susp
ended_discriminatory_ complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
1, Henry Angelo III (hereinafter referred to as the "DeclarAnt'� state, under penalty of periury.
that the following statements are true and correct;
(1) 1 represent the Respondent whose name is H. A. G ontrachF CI Corp,
(2) 1 have the following relationship with the Respondent 12 rmcirfnn+ (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member >(if Respondent is a Limited Uability
Company ),
(3) 1 have reviewed the Florida Department of Management Services website at the following URL address;
http J1www, d ms, myflorida,co m1bus in ess_operati onslstate_pu rchasi ng/ve ndar_informatia n1convicted_su spended_di
stnmirn atory_co m pla iots -vendo r_iists
(4) 1 have entered an "x" or a check mark beside each listingfcategory set forth below if the Respondent's
name appears in the list found an the Florida Department of Management Services webs{te for that category or
listing, If I did not enter a mark beside a b5tingicategory it means that I am attesting to the fact that the
Respondent's name does not appear an the listing for that category in the Florida Department of Managernefit
Services website as of the date of this affidavit.
Check if
Applicable
_ Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
_ Federal Excluded Parties List
Vendor Complaint List FURTHER DECLARANT SAYETH NOT.
Henry Anqelo III
{Print name of Clara+ o
r �
{SBni u e of Dwlan
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
On this the __ day of _ Auuust, 2015, Before me, the u rsigned authority, personally
appeared Hpnry Anpiala,ILL _ who is personalty kn W to me o ho provided the
following identification -- _ _ and who took are oath or armed ax,that i+e s ,they" uted the
foregoing Affidavit as the Declarant. '
WITNESS my hand and official seal_
NoiLry Public. Sfaw of I'raridn
NOTARY PUBLIC:
SEAL _
(Name PubliC91011 G,+AG�U
Stafnp �"€ORMAMM OFF igccT
EXPIRES; June 9, 2016
1 g G{ T4 candad Thru P"ary F4tilic UMervn ins
Ti1*ma.s F. Pope
62-13.15
RELATED PARTY TRANSACTION VERIFICATION FORM
I Henry Angelo III , individually and on behalf of H. A. Cc- )njraCting Gorp,
( "Firm ")have Name of Represeritniive ComponyJVe+1dorlE6trty read the City of South Miami ( "City ")'s Code of Eth its,
Section 8 I of the Ciry's bode of Ordinances and I hereby certify, under penalty of perjury [hat to the best of my
knowledge, information and belief,
(1) neither I nor the Firm have arty conflict of interest (as defined in section BA -I) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, 1h
City, and
(2) neither I nor any employeEm 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 BA- 1. 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
Cammission, a, e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employers or those who have a financial interest in the Firm -]; and
(3) neirher 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 (ire-, spouse, parents, children, brothers and sisters) has transacted or entered
into any cprttract(s) with the City or has a francial 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:
fuse (if necessary, use a separate sheet to supply additional information that wilt not fit on this line; however,
must make reference, an the above line- to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signawry s personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial inceresr in the Firm.]; and
You
(4) no elected and/or appointed official or empioyee 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 use a separate names=
(if necessary, use a separate sheet to supply additional information that wiH not fit an this lane; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath) -
The names of all City employees Nerd that of all elected and /or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to suppler additional information that will nor fit on this line; however, you must
make reference, on the above line, to the additional sheet and [he additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signawry's personaf knowledge and
helshe is riot 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) 1 and Eh Firm frarther agree not To use or atmempt to use any knowledge, property pr resource which may
come to us through our position of trust, or through our performan ce of our duties under 0e 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) 1 and the Firm hereby acknowledge that we have not conrraaed or transacted any business with the City Or
any person or agency acting for the City, and that we have not appeared in represen radon of any third party
Page 23 of 74
Thomas P. Pepe
02.z3-1 5
before any board, commission or agency of the City within the Past two years other than as
follows-
_ (if
necessary, use a separate sheee 16 supply additional information that will riot fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must: be signed under oath) -
X_TPurchasiriffendor RegiseratiorAl2,28.l7 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neiehi�r l nor any employees, officers, or directors of ehe Firrn, nor any of Their immediate family (i.e -- as a
spouse, son, daughter, parenr; brother or sister) is relaeed by blood or marriage to, (i) any member of the City
Commission, (ii) and' pity employee, or (iii) any member of any board or agency of the Cky 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 lirie, to the additional
sheet and ehe additional sheet must be signed under oath)- [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and hOshe is not required to make ark irkdi�Pendent
investigation as to the relationship by blood or marriage of employees. Office". or directors of the Firm, Dr of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors cf that Other Firm or anyone who has a finarkciaJ interest greater
than 5% in chat Other Firm, nor any mennber of those persons' immediate family (j-e., spouse, parents, children,
brothers and sisters) rlor airy of my immediate family members (hereinafter referred to as " Relawd Parties ") has
responded co a solicitation by the City in which I or the Firm that E represent or anyone who has a financial
interest greater Char, 5 in the Firm, or any member of those persons- immediate family (Le- spouse, parents,
children, brothers and sisters) have also responded, other than the following;
(if
necessary, use a separate sheet to supply additional information that will riot fit on this line, however, you must
make ri�fereri ce, on the above line. to the additianAil sheet and the additional sheet must be signed under oath),
[while the ethi cs code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the staterneat in this sec tiara (8) shall be based solely on the signatory's personal knowledge and
hefshe is riot required to make an independent investigation into the Other Firm, or the Firnk helshe represents, as
to their officers, directors or anyone having a Frnari cial interest in those Firms or any of their ar,y member of those
persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verifrcaticn Form and inform the City of any
change in ckrcums€ances that would change our' answers to this document. Specifically, after the opening of any
responses to a soli €itation, I and the Firm have ark obligation to supplement this Verificaoon Form with the name of
all Related Parties who have also responded to the same soli €itation arkd to disclose the relationship of those
parties to ryke and the Firm.
(1 Q) A violation of the Ci€y's Ethics Code, the giving of any false information or the failure to supplement this
Verift €ation form, may subje €r me or the Firm to immediate ccrmination of any agreement with the City, and the
imposition of the maximum Erne an dlor any penalties allowed by law- Additionally, violations may be considered by
and subtect to attion by the Miami -Dade Coun€y Commission on Ethics- Under penalty of perjury, I deciare that I
have made a diluent effort to investigate the matters to which I am attesting hereinabove and that the statements
made h ere ina eve are true and correct to the best of my knowledge, information and belief.
SignAture;' + 2 +{ l Y
Print Name & Ti enry Angelo I I I President
Date: August 13,_2015
Page 24 of 74
Thomas F. Pew
0 -23 -15
PRESENTATION TEAM
DEC#ARATI0N/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists- Pursuant to City Drdinance 25-14 -
220b (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 fisted members of the presentation team, with
the exception of any person otherwise required to register as a fobbyist, shall not be required to pay any
registration fees. No person shall appear before any cornmittee on behalf of an anyone unless he or she
has been listed as part of the firm's presentation team pursuant to this paragraph or unless fie 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, nry He : r elo fill , makes the following
declaration under penalty of perjury; �T
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 paft 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 T ?TEE
Henry A rtelo III President
Nicholas Angelo Vice President
For the purpose of this Affidavit of Representaion only, the listed m ern bers of the presentation team,
with the exception of any person otherwise required to fegister 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 penury, 1 declare that I have read the foregoing declaration and that the facts stated
in it are true and -5 pecifica Ily that the persons listed above are the members of the presentation team of
the entity listed below
ExuF ted this 13 day of August 2015
gnaturo f Repre 4{ tative
t
HA Go tractmnq Corp-
Print Name and Titfe Print name of entity being represented
gage 29 of 74
Thomas F,
Pepe
Page