11To:
From:
Date:
SUbject:
Background:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
hOd
ifiir
2001
The Honorable Mayor & Members of the City Commission
Hector Mirabile, PhD, City Manager/~ II April 12,2012
A Resolution for the selection of Oi Pompeo Construction
Corporation and authorizing the City Manager to negotiate a
design build contract for the proposed Murray Park Community
Pool.
A Design Build RFP was issued and closed on September 17, 20 I 0, in accordance
with Addendum #4 which extended the due date for sealed proposals. It was the
desire of the Commission, at a November 23, 20 I 0 Commission Workshop, to
withhold a decision on a design build contractor until an operator was selected
and available to provide the City the insight necessary to proceed with the
design/build aspect of the project. Two attempts were made to secure an
operator; first through an RFP closing on December 3, 20 I 0 and second, through
a Letter of Interest, closing on October 12, 20 I I. Both attempts at negotiating a
contract were unsuccessful with the following firms, Ocaquatics, USA Pools and
later Ocaquatics 2, Inc.
At the April 3, 2012 Commission meeting, the Commission provided instructions
to the City Manager to proceed with the proposed Murray Park Community
Pool. As a result of those instructions, two design build proposals are enclosed;
one from Recreational Design & Construction and Di Pompeo Construction
Corporation. Both responded to the Design Build RFP enclosed with this
package. In addition based on selected design suggestions from the Commission,
both companies were requested to submit options for a "water tot lot/splash
area, (similar to Village of Pinecrest), heater supply options and a saline
chlorination system. Assuming the design concepts presented are not altered, the
base bid proposals and options are summarized below. The options would be in
addition to the base bid proposals:
• Di Pompeo Construction: $1, I 03,499
Options:
o Water Tot Lot: $62,000
Note: This is in addition to the tot lot pool since it would be
added.
o Geothermal Heater: $140,000
o Solar Panel: Not Recommended, 3 Pool Concept
o Saline Chlorination: $50,000 (Est)
• Recreational Design: $1,198,000
Options:
o Water Tot Lot: $378,560
Note: This is in addition to the overall cost since it would be
built from the ground up.
o Geothermal Heater: $105,565
o Solar Panel: $76,000
o Saline Chlorination: $22,700
o 50m Lap Pool, 6 Lanes: Unable to secure quote by Agenda
submission deadline.
Recreational Design & Construction submitted a one pool concept that includes a
learn to swimltoddler area, a free swim area and an area with lap lanes. Di
Pompeo Construction submitted a three pool concept including a kiddie pool,
learn to swim pool and a lap pool. Di Pompeo advise they could not hold the
original base bid price of $995,499 and increased their proposal by $108,000 due
to material increases. Recreational Design held their original base bid price.
Based on the proposals and design concepts submitted, Di Pompeo Construction
is recommended for selection and to authorize the City Manager negotiate a
design build contract for the proposed Murray Park Community Pool. Di
Pompeo Construction has submitted a design concept that appears to include
most of the key design points that have been expressed by the Commission over
the course of this project. In addition there are options for additional equipment
and options for environmentally friendly components, such as; geothermal heaters
and wells, solar heating system, and a saline chlorination system. Including any of
the options will increase the base bid price. After the selection of a contractor
and during contract negotiations, there may be an opportunity to further revise
the design however, design changes most likely will increase the base price and
further increase the overall timeline up to and including completion.
Time is of the essence as most of the grants expire December 31, 2012.
Substantial progress must be in place for Miami-Dade County to further extend
the expiration dates of the grants. An extension will most certainly be required
as it is likely construction and securing a TCO will extend well beyond December
31, 2012. A project timeline will be included as part of the design build contract
to include; design requirements, permitting and certifications, to include; the
Department of Health and Miami-Dade County and general construction permits
and milestones, up to and including the TCO.
Attachments: Resolution
Proposals:
Di Pompeo Construction Corporation
• Revision with options, email dated April I I, 2012
• Dated November 4, 20 I 0
Recreational Design & Construction, Inc.
• Revision with options, proposal dated April 6, 2012
• Revision with options, email dated April 12, 2012
• Dated November 4, 20 I 0
Bid Opening Report, dated November 4, 20 I 0
Evaluation Score Sheet
Pictures, Village of Pinecrest Splash Park
Design Build RFP No. SM-PW 20 I 0-1 0
Addendum # I, dated August 3 I, 20 I 0
Addendum #2, dated September 2, 20 I 0
Addendum #3, dated September 8, 20 I 0
Addendum #4, dated September IS, 20 I 0
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RESOLUTION ___ _
A Resolution for the selection of Di Pompeo Construction Corporation and authorizing
the City Manager to negotiate a design build contract for the proposed Murray Park
Community Pool.
WHEREAS, the City has secured a CDBG grant in the amount of $1,207,374.00 for construction
and a SNP grant of $220,050.00 for construction but of which 17% may be used for design. The SNP
grant expired as of March 31, 2012 but it may be extended to September 30, 2012 and possibly further if
progress is shown toward the construction of the community pool. The CDBG grant is due to expire on
December 31, 2012 but it also may be extended if substantial progress is shown towards the completion
of the pool; and,
WHEREAS, the City received proposals in response to an RFP from design build companies for
the design and construction of the pool; and,
WHEREAS, Di Pompeo Construction Corporation has submitted a proposal to the City that
includes a design concept that meets the basic requirements of the City for a community pool.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The City Manger is hereby directed and authorized to negotiate a design build
contract with Di Pompeo Construction Corporation for the design and construction of the proposed
Murray Park Community Pool.
Section 2. Severability: If any section, clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon enactment.
PASSED AND APPROVED this __ day of _____ ,' 2012.
ATIEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Harris:
Commissioner Newman:
Commissioner Welsh:
Di Pompeo Construction Corporation
Design Build Proposals
kulick, Steven P
From: kulick, Steven P
Sent:
To:
Wednesday, April 11, 2012 5:48 PM
'John DiPompeo'
Subject: RE: Murray Park Pool Proposal
Attachments: Di Pompeo Construction Corporation. pdf
John,
As for #2, please provide an estimate for the salt and chorine option.
The base bid price in your proposal dated 11/2/2010 is $995,499. Please confirm the new base bid price is $1,103,499.
Thanks,
Steven Kulick, C.P.M.
Purchasing Manager/Central Services
City of South Miami
6130 Sunset Drive
South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346
From: John DiPompeo [rnal!to~J(;;lj.QQm~Q@diROm.Q~QJ:J).flS.tO)ctiol1&orn]
Sent: Wednesday, April 11, 2012 5:36 PM
To: kulick, Steven P
Subject: RE: Murray Park Pool Proposal
Hi Steve
Pursuant to your below requests and the four pictures you forwarded us on 4/9/12, we offer the following for your
consideration.
1) for the children's area, adding items denoted in your pictures, adds an additional $62,000
2) as for the salt to chlorine, our engineer said that you can not do it since it has to be a combination of salt and chlorine
because it is a public pool and not a residential pool.
3) our engineer strongly suggests using the geothermal heating system as that is what we have used on all our
governmental pools for 25 years in south Florida as solar is not practical for this type of building with a 3 pool layout. For
this well system please add $140,000
Lastly, since we submitted our proposal in September 2010, even though unemployment still is terrible, believe it or not
material suppliers have and are raising their prices, thus please add an additional $108,000 to our initial proposal for this.
I hope this helps the City to move the project along and we look forward to working with the City of South Miami.
John DiPompeo Jr.
President
DiPompeo Construction Corp.
1301 N. W. 33rd Court, Unit #101
Pompano Beach, FL 33()(j9
Phone: (.954) 917-5152 x304
Dff Pompeo -Partnering to build
1
Fax: (954) 914-4646
Email: jdipompeo@dipompeoconstruction.com
Website: www.dipompeoconstruction.com
DiPompeo
COfl,ftrtU'lioll Corporatiim
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From: kulick, Steven P Lr:Dailto:Sl5ulick@~_QY..thm@II1lfL.gQY]
Sent: Wednesday, April 04, 2012 1:43 PM
To: John DiPompeo
Cc: Ng, Keith; Korth, Jennifer; David, Stephen
Subject: Murray Park Pool Proposal
John,
Per our discussion, please prepare the following modifications to your Murray Park Pool proposal, dated November 4,
2010:
• Children's Area: Convert the Splash Station to a Water Tot Lot
• Chlorination/Sanitation: Salt to Chlorine System
• Heater Power Supply Options: Solar, Gas, Deep Well Injection (Geothermal)
Please quote the above as modular, (options), so as not to affect each other and how it will affect the base price
previously quoted. We need this information by Friday at noon.
Please call if you have any questions.
Regards,
Steven Kulick, C.P.M.
Purchasing Manager/Central Services
City of South Miami
6130 Sunset Drive
South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346
2
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DiPompeo
Constfuction C(}fpfJflltilm
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RFP #SM-PW2010-10 Design / Build
Murray Parl( Community Pool
ORr INAL
iPomp 0
Construction Corporation
CGC #037741 (/# A Family Tradition Since 1927
... ~.~ ••••..•.•.••••....•......•..........•.....
General Contractor" Design Builder • Construction Manager
November 4,2010
Mr. Fritz Armand, Director
Public Works & Engineering Department
The City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Murmy Par\{ Community Pool, RFP # SM-PW2010-10, Re-Submittal with a $1.2 Million Dollar Budget
Dear Mr. Armand:
This is to convey our Letter ofInterest for providing Design I Build Services for the revised $1.2 million dollar budgeted
Murray Park Community Pool in the City of South Miami, Florida. After careful review of the RFP document and
agreeing to be bound by its terms and conditions, the Di Pompeo Construction Design / Build team is pleased to present
our package for your review and consideration. The members of our team consist of:
.. Di Pompeo Construction Corporation -Design Builder (LEED Certified)
.. R.E. Chisholm Architects, Inc. -Architecture and Landscape Design (SBE, MBE, LEED Certified)
.. Aquadynamics Design Group, Inc. -Aquatic Engineering / Pool Design
.. Zvonimir T. Belfranin, Inc. -Structural Engineers (MBE)
.. Hufsey Nicolaides Garcia Suarez Associates, Inc. -M.E.P. Engineers (LEED Certified)
.. Camero and Associates, Inc. -Civil Engineers
.. Curtis + Rogers Design Studio, Inc. -Landscape Architects
.. Lannes and Garcia, Inc. -Land Surveyors
.. Professional Service Industries, Inc. (PSI) -Materials Testing
Our team is very enthused in submitting this RFP response since we believe we are uniquely qualified for the tasks you are
requiring to Design and Build the Murray Park Community Pool, as we have built many Design I Build projects together,
on time and within budget over the past 17 years in South Florida. Not only have our team members built projects
together in the past, but the 35 Letters of Recommendation on Di Pompeo's website confirm our building abilities.
Our design features three separate and distinct pools that provide the end user with the ability to provide for adult exercise
in the lap pool, swimming lessons and drown-proofing in the learning pool and infant & small child recreational use in
the Idddie pool. We believe that by offering these three core uses to the community, we have addressed one of the primary
neighborhood requirements for this project.
We thank you for the opportunity to participate in your selection process and we hope our response to the RFP will gain
your confidence in us to successfully design and construct all work at the Murray Park Community Pool.
Chris Tucker
Chief Estimator
CT/ea
.............. ............ ....... .._l1lJ£YJ!.:di12f2L1112(;J!.<;()1:!§.I[~{f.tLqrl~fQJ1L
2301 N W 331'd Court, Unit #102 • Pompano Beach, Florida 33069' Telephone:
-1"'~ }1Iii;t;;
917-5252' Fax: (954) 974-4646
lEEOAP
PRICE PROPOSAL FORM BUDGET OF $1,200,000 PER ADD. #5 (E-MAIL)
THIS PRICE PROPOSAL IS SUBMITTED TO;
Maria M. Menendez
City Clerl< Office
City Hall
6130 Sunset Drive
South Miami, Florida 33143
Murray ParI< Community Pool
I. The undersigned PROPONENT proposes and agrees, if this Price Proposal is accepted, to enter into an
agreement with the City of South Miami in the form included in the Contract Documents to perform and
furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the
Contract Time indicated in this Price Proposal and in accordance with the other terms and conditions of
the Contract Documents. In addition to the work specified or indicated in the Contract Documents as
prepared are due by Consultant.
2. PROPONENT accepts all of the terms and conditions of the Advertisement or RFP and Instructions to
Proponents, including without limitation those dealing with the disposition of Bid (Price Proposal) Security.
This Price Proposal will remain subject to acceptance for ninety (90) days after the day of the Bid opening.
PROPONENT agrees to sign and submit lhe Agreement with the Bonds and other documents required by
the RFP requirements within ten (10) calendar days after the date of the City's Notice of Award.
3. In submitting this Price Proposal, PROPONENT represents, as more fully set forth in the Agreement, that:
a. PROPONENT has examined copies of all the RFP Documents and the follOWing Addenda (receipt
of all which is hereby acknowledged.)
Addendum No. ONE
Dated:
8/31/1 °
AddendulTI No. Dated:
9/2/1 ° TWO
Addendum No.
THREE
Dated: 9/8/10
Addendum No. Dated: 9/9/10 FOUR
Addendum No. FIVE (E-MAIL}
Dated: 10121/10
Addendum No. Dated:
b. PROPONENT has familiarized himself with the nature and extent of the contract documents,
work, site, locality, and all local conditions and laws and regulations that in any manner may affect
cost, progress, performance or furnishing of the Work
c. PROPONENT has studied carefully all reports and draWings of subsurface conditions and
drawings of physical conditions.
d. PROPONENT has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in addition
to or to supplement those referred to in (c) above which pertain to the subsurface or physical
conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the
Work at the Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents, and no additional examinations, investigations,
explorations, tests, reports or similar information or data are, or will be required, by
PROPONENT for such purposes.
Murray Park Community Pool RFP 16
e. PROPONENT has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site
and assumes responsibility for the accurate location of all Underground Facilities. No additional
examinations, investigations, explorations, tests, reports or similar information or data in respect
to said Underground Facilities are, or will be required, by PROPONENT in order to perform and
furnish the Work at the Contract Price, within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents.
f. PROPONENT has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
g. PROPONENT has given by 10:00 a.m., Friday, September 3, 20 I 0 written notice of all conflicts,
errors, discrepancies that it has discovered in the Contract Documents and the written resolution
thereof by Consultant is acceptable to PROPONENT.
h. This RFP is genuine and not made in the interest of or on behalf of any undisclosed person, firm
or corporation and is not submitted in conformity with any agreement or rules of any group,
association. organization. or corporation: PROPONENT has not directly or indirectly induced or
solicited any other PROPONENT to submit a false or sham RFP; PROPONENT has not solicited
or induced any person, firm or corporation to refrain from responding to RFP; and PROPONENT
has not sought by collusion to obtain for itself any advantage over any other PROPONENT or
over the CIT'(.
4. PROPONENT understands and agrees that the Contract Price is the lump sum to furnish and install all of
the Work complete in place. A Schedule of Values must be provided with the 13 division break-down as
well a cost breakdown of the design phase and contingency. This information needs to be provided for the
purpose of Evaluation and when initiated by the CITY, the pricing of change orders. Contractor's price will
not be adjusted to reflect any deviation from the Schedule of Values, except to the extent that the CITY
changes the scope of the Project after the Contract Date.
As such, the Contractor shall furnish all labor. materials, equipment, tools, superintendence and services
necessary to prOVide a complete, in place Project for the Proposed Price of:
Design: $128,348.00
Construction: $867,151.00
LUMP SUM PRICE: Nine Hundred Ninety Five Thousand Four Hundred Ninety Nine Dollars
dollars and
Alternates:
& No Cents
#1 NO ALTERNATE BIDS
#2
#3
#4
cents $995,499.00
#5
#6
#7
#8
5. The ENTIRE WORK shall be completed, in full, within one hundred and eighty (180) calendar days from
the date stipulated in the NOTICE TO PROCEED.
Murray Park Community Pool RFP 17
Failure to complete the entire work during the described time period shall result in the assessment.of
liquidated damages as indicated in Paragraph 6 of the Agreement.
6. Communications concerning this Bid shall be addressed to:
PROPONENT: Di Pompeo Construction Corporation
Address: 2301 NW 33rd Court #102
Pompano Beach. FL 33069
Telephone: 954-917-5252
Facsimile: 954-974-4646
Attention: John Di Pompe~ Jr.
7. The terms used in this RFP which are defined in the General Condidons of the Construction Contract
included as part of the Contract Documents have the meanings assigned to them in the General
Conditions.
SUBMITTED THIS
BID SUBMITTED BY:
Di Pompeo Construction Corporation
Company
-~--,,/
prJ~~~t
::I
Title
Murray Park Community Pool RFP
DAY OF November 2010.
954-917-5252
Telephone Number
954-974-4646
Fax Number
mvaccaro@dipoml?eoconstruction.com
Email Address
18
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Design / Builder's Approach
To Sustainable Design
DiPompeo
Construction C0I1JlJrlltil)fl
A fllllli(1' 'li-llififioll Sill(,(, 1927
(lel/eral Clmlrattll(,<' 1}e."glI 111I/Mers • (iJ/mYlItt/tllI ,l/11II(lge ...
RFP #SM-PW2010-10 Design / Build
Murray Parl( Community Pool
iPompeo
Construction Corporation
eGe #037741 • A Family Tradition Since 1927
General Contractor • Design Builder • Construction Manager
Approach To Sustainable Design
. SlIstainable design is the idea of creating buildi1lgs ami landscapes that join tlte highest positive regard for 0111'
quality of life with tlte least cOl1seque1lces to 0111' environment. Sustainable design attempts to balflnce economic,
socifll, ami environmental factors. For best results, sustailllibility shoultl be clearly articulated flS a guiding
prillciple for project developmel1t, ami il1cOlportlted into tlte project from the earliest stages. Sustainable design
pril1ciples affect all phases of project developmellt, from design, constructioll, opertltions ami maintenance, allli
demolition {IIul disposal.
Benefits of sustainable design illcllUle more Ilealthy ill door el/viroflmeflts, dollflr savillg.~ over time, (Ilul
maximizing resource conservation. Sustain ability should be approached as a core value to the Design / Builder,
as it represents allnique opportunity to pllt theOlY illto practice tltrough the (Iesigll alUlultimate ellfiuf{lllce oftlte
project. The design, construction (l1U1 mail/temlllce of bui/(lillgs has a tremel/dolls impact 011 people alltl their
Ileighborhoods. Witlt these potel/tial impacts in mimi, sustainable bllildillg sltoultl attempt to meet tlte followil1g
goals where applicable. Every (Iesign project is unique, and the sustail/able design elements, teclmologies alld
materials must be matclted to tlte project's progrtlm, client goals, and blulget.
As a starting point for inllovation amI sustainable elements for tlte Murrtly Pari, Community Pool project, tlte
Design / Builder examilles tlte opportunities that presel/t themselve.~ tit rough out the various stages of
develop11lmt ami tlteir global impact 011 the project. Tlte most elemental review for tlte Murray Park COlllmunity
Pool woultl begill witlt tile design concept review. Listed below are opportul/ities tit at will be approp1'iate for tlte
c0l1ceptualalU1 schematic phase of tlte work.
.. IncOlpomte sllstailwbility into the earliest desigll discussiol1s.
.. II/clude input fr0111 the Owner, l11ailltellllllce staff, amI (IllY stakeholders, to confirm desigll criteria,
.. Explore opportullities for innovation with a collabol'lltive, multi-disciplinary desigl/ team in the early stages
of design.
.. Educate others to ensure that all design {IIul const1'llction team members are fil111iliar with sllstaillability
concepts ami basic sllstainable bllilding pl'tlctices alUl philosophy.
.. Utilize well-established, sustail1able design 1'(Itillg systems such (IS LEED to measllre greell pelj'ol'l1ulIlce.
.. COllsult our LEED professiollflls 011 0111' consulting teams.
.. Il1corp01'llte Life Cycle Cost Amllysis illto budget projectiolls. Life Cycle Cost Allalysis defines tile projected
lIsefttl life of {t project (lml looks at tile net presellt value of deslgll options as illvestl1le1lts. The goal is to
achieve the highest ellvirollmelltal performallce possible (It the least cost.
.. Design trash enclosures to al/olV /01' recycling bills for paper prot/ucts, metal CtlIlS (l1U1 glass .
. __ . ...,t'l:Yl1l,dipQ1J1I2€!QqQfl§[rJlqtiQI}~cQ1J1 .....
2301 N. W. 33 rd COllrt, Unit #102 • Pompano Beach, Florida 33069 • Telephone: 917-5252· Fax: (954) 974-4646
~"k-, .. , 1i11J\~
Tlte lise of existing natural systems to enhance the sustainable aspects of the Murmy Park Community Pool is
olle that has tlte potelltial to accrue long teml savings for tlte resi(lellts amlmallagemellt of the facility while at
the S(lme time, adding to tile elljoyment of using SIlClt a well til ought-out ellvirollmellt.
4) Increase the benefits ofvegelation by maximizing planted areas both indoors alUlollt.
.. Use ecological desigll prillciples to mimic natllral systems /tlllctioll sucll as tile use of Xeriscape lalldscaping
through tile use of more drougllt resista1lf species. Tllis will also red lice the residents' (iepemlellce 011
irrigatioll.
The inllovtltive approaclles for cOllservation of energy resources for a project sucll as tile Murray Park
Community Pool will be t/lOrougllly examined ali(I should result ill (I number of positive enhancements to tile
project tllat call be enjoyed by aI/ residents.
.. Increase efficiency by maximizing equipmellt efficiency am/using control strategies sucll as programmable
thermostats alld plloto 011 ali(I timer oJJlighting.
.. Investigate tile use ofrejlective coatillgs 011 the roof.
.. Ensure that aI/ applicable ellergy related illcelltives IIave been utilized.
.. Provide residents witll public trallsportatioll options, bicyclillg, amlwalkillg access to basic services.
.. Utilize loll' VOC paillts, adhesives (Illd jloor coverings wllenever possible.
Duting tile cOllstrllction phase of tile Murray Park Community Pool, there exists (III ellormOIlS opportunity to
practice sllstainable methods sllch as tllose listed below witll millil1lal impact 011 cOllstrllction pro(luctivity (Iml
project budget.
.. Use materials with minimal packaging waste that is recyclable, (IIulmaterials tllat are easily recycled.
.. Utilize matetials a1l(1 prot/llcts manufactured loctllly to support tlte locul ecollomy alUI minimize
transportatioll costs.
.. Elimillate ellvironmental contami1lation with filtmtion devices for ail' (IIulwater systems.
o
Highlighted Elements and
Sustainable Features
mpeo
CIJIIstl'llctilm C(}rportltioll
,I rill/lily ihl/lililll/ ,\'il1(,(' I 'i2 7
(lel/eNlt ('OIltr(/(·"', .•• J>R.<lgll till/Itler .•• Oms/ruel/oll IIlmlflger .•
RFP #SM-PW2010-10 Design / Build
Murray Parl( Community Pool
iPompeo
Construction Corporation
eGe #037741 1/1 A Family Tradition Since 1927
General Contractor • Design Builder • Construction Manager
Highlighted Elements and Sustainable Features
The Di Pompeo Team's design IIot Ol1ly meets all requirements set jortil by the City oj South Miami jor tile
Murray Park Community Pool, bllt exceeds expectatiolls ill areas sllch as aesthetics, fimctiollality, versatility,
sustainablejeatllres allflneigilbol'ilOod enlulllcement, Some ojthese elements tlUlt lelld tilemselves to maki11g tilis
a truly outst(l1ulillg design are tile use oj:
POOL RELATED
• TllI'ee sepamte pools are designed jor lIlultiple IIses sllcil as laps, swim lessons and toddler lise
'" TltJ'ee pools share commoll plllllp (lJul filtration equipment jor opemting economy
'" Zero ently jeatllre il1tO leamillg ami kif/die pools
• Portable i J'e-Iocatable lifegllard statioll
• Portable ilalldicap pool chair
• Salt chlorille genemlor
'" Regellemtive filter Ihat will save with bac/mash waleI'
• Pool ileatillg system
'" Thermal pool hlallifel
• Variable jrequency {ltive pllmp cOlltroller resliitillg ill consitlemble electrical savings
DESIGN RELATED
• Perimeter site jencing sepamtes pool jacility jrom street jor security
'" Natllral ventilation lImi fails in changing rooms ami toilet areas
'" Permeable pavers jor walkways
• Ample bicyc/e parking to encoll1'llge jewel' automobiles
.. Sepamte enl1J'iticket buildillg jor greater access cOlltrol
'" Use oj solar IlOt water
.. Sepamte pool equipment ami chemical stol'llge building
.. Picnic area greell space adjacent to pool tlec/f
• Heavy landscaping jor silade ([lui patroll enjoyment
.. Snack bar designed jorjood warmillg
.. Pool manager i lifegllllrd ojfice
.. Shade st1'llctures st1'lltegiclllly located arollml pool deck area
.. Pool, imulsmpe lIlUl deck lightil1g/or night time use
REVENUE RELATED
.. Separate ellily/ticket buildillg
.. Snllck bar jor ilea/tlty Sll(IC/(S lIIlll/ood warming
.. ....}1:'l1J}li,qipQ l1JP(!99Qnstru.cJiQrI· com
2301 N. W 33'" Court, Unit #102 • Pompano Beach, Florida 33069· Telephone:
-l:5~ . .• li!ip~
(954) 917-5252· Fax: (954) 974-4646
lEEOAP
Why You Should Choose
The Di Pompeo Team
;}. ,
i Pompeo
Constmetion Corporation
,i hllllifv lhll/itioll ,Wilt'<' 1927
(lel/er,,1 Om/flle/llf.' • lJe.<igll /III/Mer>' • emll/rue/ioll MIII/oger.,
RFP #SM-PW2010-10 Design / Build
Murray Parl( Community Pool
DiPompeo
Construction Corporation
eGe #037741 • A Family Tradition Since 1927
..... ~ .•.... ~ .... ~ .......... ~ ... ~ .. ~.~~~ .....•.....
General Contractor • Design Builder • Construction Manager
Why You Should Choose The Di Pompeo Team
II Di Pompeo COllstructioll, Chisholm, Aqll(ulyllamics, Belji'rll1ill, Hufsey -Nicolaides, Camero, Curtis +
Rogers, Lmllles & G{lrcia ami Professioltal Service Illdustries are local compmlies with offices withill
close pl'Oximity to the project site.
II Team members have Desigll / Build experiellce ami have worked together 011 other project.s.
II Excellellt quality ami always hOllol' wal'l"lmty items quickly.
• Safety first with low expel'ieuce modifier.
• Utilize sllbcOlltl'llctors anri supel'intellriellts tlUlI have built simi/ar projects.
III Have over 17 ye{II'S of Desigll / Build experiellce (c(lll Tamal'{lc, Com/ Springs, Ft. Lmu/en/a/e, Browanl
County, Plalltalioll, Margate, Pompallo Beach).
II I(llow wit at Desigll / Build elltai/s (paperwOI'k, quality, illspectiolls (111(/ permittillg).
II For tlte next 12 mOllths -City of SOlltlt Miami alld lite Murl'llY Pari, Comlllullity Pool will be our sole
focus, we dOIl't overextend ourselves ami take 011 more jobs am/lose cOlltl'ol,
II Di Pompeo track record of completillg projects oil-time alUl oll-bmlget.
'" OWller's persollal involvemellt, call him direct, 1I0t PM who Ileeds approWlI of upper l1UtlUlgemellt. MI'.
Di Pompeo is 011 top of issues alld always follows througlt.
'" No change orders ultless illitiated by tlte Owner or ultforeseelt .
............ ~ ... ..............~.~ .. Jlll:YJ:!'~4il?()1J1J2?()C9YlSJ1J{f.tj()lJ~.fO}n .............. .
2301 N. W 33'd COl/rt, Unit #102· Pompano Beach, Florida 33069· Telephone: 917-5252· Fax: (954) 974-4646
-la/' .,I!J!.'iI , ,.
Order of Magnitude
Cost Estimate by Division
DiPompeo
Construction Cm1JlI1'{ltilm
A FlIlI1it), traditioll Sil1ce {I) 17
limnfl/ CtlJltrtlctor.' '/k,igll Illllltier.' • c.m.'/rudiOiI /II(lIIagl!'.,
RFP #SM-PW2010-10 Design / Build
Murray Parl( Community Pool
Cost Estimate Division
MURRAY PARK COMMUNITY POOL
I~-------~-
CITY OF SOUTH MIAMI, FL
RFP # SM-PW2010-10
I~-----,
DI POMPEO CONSTRUCTION CORPORATION
DESCRIPTION
DIVISION #2 --------1~---~-~-·-~-~----~. ~~~-~---.--~ ... ~ .. ~~~--~-.... ~ --------~-+~.-~-~ --------~~-~
DIVISION #3
DIVISION #4
______ -+I_DI_V_I~~S_~I_Q~~~==~__ ~~ ______ _
IJ)IVISI ON #~~_~ __ ~ _____ ~ __ .~~~~ .. ~.~~ ______ ~_.~ .. ~~-----t--~-~ ... ~~---~-----
$110,509
$48,487
$161,791
$8,500
$2,050
$5,200
$1,102
DIVISION #8 $4,090
I--~~.-.. ~.-~~ ~-~+----~
DIVISION #9 $8,677
-~-.~---~--~~~~-------~~-~~ ~-~ ~.~---~~-~ .. ~---~~-+~-.-~.~.-.~~~~--~~--'
DIVISION #10 $3,410
DIVISION #11
I DI~!SI()N #!~ ___ =~=--~~-_~-=-~~~~_ n __ ~~-~~-~---+-~-
DIVISION #13
-~--~~~--~~~~---~+-I D--I-V-IS-I()~ #ii~ _____ :::--==~:~-_-_~-_
DIVISION #15
.1
CONSTRUCTION PHASE TOTAL
DESIGN PHASE TOTAL
RFP #SM-PW2010-10 Murray Park Community Pool
$6,200
$58,635
$382,500
NOT USED
$25,500
Concept Project Design and
Park Improvements
iPompeo
Constl'uction Cmpo1'lltioll
A Fllllli(r hili/ilioll Since IV;!!'
amerttl Colltrac/ors '/Je.'/gll lilli/tiers. Co""truetloll iIIllI/flger.<
RFP #SM-PW2010-10 Design / Build
Murray Parl( Commu-nity Pool
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SHADE TREES
CANVAS CANOPY
COVERED AREA
City of South Miami, Murray Park Community Pool so
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DiPompeo
Constructioll COrp"T11fiol1
CANVAS CANOPY
COVERED AREA
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CONCESSIONS
CANVAS CANOPY
COVERED AREA
MANAGER'S
OFFICE
City of South Miami, Murray Park Community Pool ORTH ELEVATION 11/04/1U
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Recreational Design & Construction
Design Build Proposals
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,p.;o. ............. """!!:~ ... ,RECREATIONAL,. :OESrGN & CONSTRlJCTION.IN<=.,
3990 NORTH F'OWERLINE ROAD
. . FOF<T LAUDER~ALE. FL 33309
. . . 954 ;'SEi6 • 3eeS . .
FAX: 954. ";66 : 3335
'l!!~:::==::::::'.,J .EMAIL:·lnfo@r8creatlonald!l6Ipn.com
. AprilOQ, 2012
City·ofS~uth·Miami. .
Purchasing'Manage lCentr~IServices'
'·4795 S.W. 75th Avenue',
.: South Mianii,FL 331.35 .,' ... > ".' .... '. ..... ' .. " ' ..
: Attn: . Steven P~,Kul,ick:Purcha~ingManager"
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"DearMr" Kulick;
'. Recreational' Desig'n& Construction, Inc. (ROt) is pleased to submit ,thi~'-echnicaL.
Scope of Work 'inc;ludingpricing. for the construction: of the Murray Park Comml,.lnity··
. pool,faeilitylocated at5 aoo .s .W.66th StreetinSouthMlami, Florida. . . .
.. Out. scope of work ahd pricing is in accordCih6e with the attached site plan and"
,'elevatiorLrenderings ,and theCiiy of South Mi.amys designcriteda ton:aeetthe revi~ed Q·udget.· .'. . ",' .....' ... '
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The. pricing for the complete· scope of work ~nd services is as follows:
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Design Fees anciServices ~ '..; . ".. .... ". ....... .
·.·.HDC ··shall provide· ail ci"i1;landscape;;irrigation, .. · 'aquatic~ architect'Ural,"
·"s.tructurC1li,'mechanical,.plurnbing. and, electticalplansnece~sary topetmit ,sn'd
.' coosttqctthe proposed project;.· '. . " '. '.' . .
., •. F,tOC .shall be responsible for ,obtaining Florid~ Department of Heaith(FDOH)
~m~~ ", .... . .. '.
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·RDC shall be responsible for obtaining theCi:ty 'of South . Miami . Building
Department Permits. '. , ...... . .. ......• . .' '. ..' '",
• The d~sign&cQn$tructioi1of ,this proj~ct ~hallfollowthe 'parameters of the
VSGBCiiL~ED"ratingsystem. ..'. ., ".' ." .' '.
,. Permitting fees will be paid ~ fOfor reimbursed by theO""iler, , .
General Conditions .
. ~··.The;general ·.cohdltioncosts include'~lIproject . manag.ement; .supervision,.
mobill~ation; :tetnporary site, water;'· temporary electriC utilities~ temporary
trailerlstoragefacilities i .. tempbrary to~lets,temporary fencing/gates . and
(tu'ri:lpsters. ' , . '. ,. .. . . . . '., '.
• RDCshaU provide construction stakeout ~snecessary<tocomplete the proposed
prOject.' ,... '" , .....
QG·CA21702 CPC1456757 EC13001820 Murray Park CQmmunitY.P90IRFPNo .. SM·PW2d10~tO ,-Page 1()f .8 . '.: .. . .
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Bond and . Insurances
Ii' Provide a payment and performance bond once the permits are in place ..
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Survey & Construction Testing
.. The survey and-construction testing fees will include the required testing,
construction survey layouts and final as..;built drawings. .. -'.. , "'.
Site Preparation· ., -.
• A temporary silt:fen'ce will b~ instc;llled around the area peingdeveloped to
prevent: soilerosion&airbbrne'dustgeneratiQIi. -'.-. (.
• Clearing and prepping With-in the' iimits of work, to prepare' the areas for.·
construction, sh,al( be performed as part-of this Sbqpe' of work. . .
• Debris resulting 'from the clearing and grubbingshaU beqisposed Qf at an off~
site 'location in accordance w.ith applicable codes.&statutes.· -.J
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Site Work /
_!II -ADA compliant 5',:0" wideconcreteside~alks will be co~'strubt~dtoconnect',
.. the existing community. center walkwa{{north of the ba,sketbali courts) & the'
community center parking lot to.the aquatic centerentrance.-. \
Ii . A bicycle rack will be provided. . .
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Site Electric . _ .
-.' . The electric power shall,beconnected to a new FPLservice.
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Site Drainage .' ,
• The areas with"'in the .limits ot.'constructiqnshall 'be graded/shaped as reqllired '.
to create. dry/wet rete~tiori areas for stormwaterdrain~ge quantity control and' i.
provide proper Pfld elevations for the pr,OPo$ed buildi~g& pool deck.
Site Utilities -
• The building'sa'nitriry sewer systems & filter 'dis.charge piping' will be connected-
to ~the'existing sanitarysewer'system. '. .... ".
• ThE(building potable vitatersystem, collector tank auto-fill line & pool <deck hose
. bibs shall 'be connected to,the existing water service. .' .' .'. ' .
• " A. bt:tckflow preventer{if required) ,will be 'installed on the p6tablewater service
tothe poolf~diities. " .! . ' ..
. . Landscape/Irrigation
.LCl~dscaping . winbebas~d on providing low maintenance native plant spec.ies'
requiringminimCiI irrigation. '
• Thedesigh shall include the rem()val,reloca'tior. & replanting of the existing·
native vegetation within the limits of construction {as required).
•. Any existing invasive plant materials within the limits of construction will be
removed... . ..
•. The site irrigation system shall ge fed from the potable water service.
Murray' Park Community Pool RFP No. SM-PW20 10--10 • Page 2 of 8,
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• A bacldlow pteventer(ifrequired) will be installed on the irrigation system! ,
'. The irrigation system will be constructed.with bubblers & low spray heads to
maximize' conirol and meet LEED rating. ,,' , ,
Concession/Ticket Room/Control'Building/PoolEquip'ment/Life Guard Building,
, • ' An approximately 1350 square foot single story structure' will be designed and
constructed' to include 'a 'men's toilet rQom, 'a: women's toilet room, 'a
lifeguard/ticket, office, a .con6ess!on area,a family changing' room, 'a pool ' '
,equipment room anct an electric room. ' " ' , , ',' ,
:. ThestructureshaU 'be cons,tructed with, 8 " reinforced concretemasonryuhits,
, 4" reinforced concrete slabs on grade and prefabricated metal barJoisf systems \,
with 2'; metal decks. ' ' , ," , '
• A built up roofing system con$istingof a single ply membrane, protection board , '
,"and vapOr barrier" over 2" ,LWTcbricrete, shall be installed over ' themetai,
decking.. :' ",'," , ,',' ,,",', ,",' ',',,' " " /,'
·rhe 'roofing system~,will'meet,with Miami-Dade product approvaL
.' The building exterior will be provided with a painted 5/8" smooth stucco finish.
• 'Aluminum intake louvers :with insect screens shc;lll, be installed' in th~ ,exferiO'f ,
walls to provide" ventilation into the restrooms,'lifeguard/ticket office,"
cOl"lcessionarea; elecfricroom & the 'pool storage room. Tile louvers shall 'meet
Miami-Dade produCt approval. ' , , .' " " ,
• Hollow metalexteriordoors/frames shaU,beconstructed, of galvanized exterior:
'grade material. The doors shall. meet Miami-Dade product app~oval. ,"
• Door hardware provided shall be vandal proof "Cla~sroom((typefunc;tioris. ,""
• GI~ss wiridowsystems will be constructed ofhjghimpact resistant tihted glass ,
vvitl'l' anodiz~d ailiminumframing. The win,dows, shaH meet with Miami~Dc;lde,'
product approval.: '"
• 'Manually operated. rol,l,,;up windows with ADA compliant exterior ledges will be'
provided in the ticke~office & concession 'area. The roll-up windows shaUmeet
w'ith Miami~Oade prod'uet'approval. , ' , ' "" "
• The toilet room interior and, ehase walls, shall be constructed ,of reinforced
concrete masonryuriits. ' , "
• The men's toilet room,' women's ,toilet room and family changing room wails
,shall be finished with asl<imcoat, two (2) coat's of epoxy paint & ,8 5'~O"high
" '.' .' .. (" ... . ',. .' . . , tile wainscot. ", . ' , , , ' ,,' ' ,
• The lifeguard/ticketoffice and conc~$si6n area walls, shall be finished with a
skiin coat & two (2) coats of epoxy paint., ,',"
• The interior block walls ofthepoolequh:unent'room and electric Joom shall be
,finished with blockfiuer' paint. ' ' , ,"
.' 'The' 'Ufeguard/tick'et office and ,conceSSion ar~a' shall "have seamless 'epoxy
finished floQr~ with 6" vinyl cove bases. '
• The men's t9ilet room" women's toilet room and family changing room shall be
provi~edwith 'a seamless epoxy fii-)ished floor with a tile base. ' ,
• 'The pool 'equipment room' and 'e'lectrical room' Shc;lll have ~ troweled/sealed,
concretefioorfinish. '
Murray Park Community Pool RFPNo. SM·PW2010.10 -Page 3 of 8 '
• .' ThelifeguElrd/ticket office and concession area' shall be provided with a2'x2
'moisture resistant acoustic ceiling tile.s-ystem.· . ,
'. '. The men' stoilet room, women's toilet room and family changing' room will be-
constructed With an epoxy p~inted gypsum board ceiling finish .
• ' Th~ pool equipment roam and electric mom shall have an exposed p,airited .
ceiling. ".
• Solid plastic (HDPE) <3;;tiered padlocked lockers mounted on a 4" highbaseshaU '
beins~alledln the,men's 'and women's ~oilet rooms. '
• ADJ\compliant andstandardC!'l,eight,ch,angingbencnes will be, provided in the
men and women' stoilet rooms.' " '. '. . ,
• Millwork,shall, be constructed 'of plastic laminate 'over exterior grade plywood
'.' with water res.istantadhesives. Colinter.,tops .shall be fabricated with }'2'/so lid
. surfacing material. . _' -. -'. '. ,'.-_'" -. , . -
• The. ticket office wil'ldow will be provided with a solid surfaced transaction' -
,-counter. . .' '. ' ' , .' . , '.' " _ _ . ,
• The -concession araa will be provided with afabric,ated counter at the
--tr~nsactioll, :window. Sn~~zeguardswill b~-provided -as required by , healt~
,codes. -,
• -Fir~extinguiShersshall,be provided to meet the NFPAandFloridaBuildingCode
requirements. , " .... '. --_ -, '., .. -. , . __
.: ADA signageshall be provided as required by the Florida Building Code.
• The' floor mounted toilet & uri~al partitionswilLbe corist~uctedof %" thick
high:'density polyethylene plastiC with natural, anodized aluminum hardware and'
'hea,d-raU bracing" _ .' _ '
• Toil~taccessories to be Stainless Steel as manufactured by Bobrick-(or equal)
and ,shall comply with the latest ADA regulations .
• ' A diaper cl:aanging-.stationshall. be provided in each .' toilet room & family -
changing room. '. _,._ , . -. ,
, -ADA showers will be, provided in' the men's and. women's toilet rooms with
seats; curtains, curtain rods & robe hooks. '.
• Lavatories will be provided with automatic sensor fEiucets'.
". Water closets will be provided with automatic sensor flush valves~"
• The men's restroom facility shalt consist of two (2)-floor-mounted water .
closets, two (2) waIJ-hung urinals (w/carriers), three (3) wall-hunglavatofies
(w/carriers), one (1 ) ADA shower, on~ (1) wall hydrant and two (2) floor drains, ..
.• The women' s restroom facility shcdlconsist of five (5) floor-mounted water.
, closets, three (3) waU:-hung lavatories (VVith _carriers), orie (1) ADA-shower, ohe
(1) Wall hydrant and two (2l floor drains. . '. .'. ,
.• Thefamilychangingrool1l 'shall consist of. one (1) ADA floor-mounted water
closet,ooe (1 )'ADA wall-hung lavatory, (with carrier), one (1) hose bib & one,
, (1') floor drt;lin;, J
• A mop basin, . 'mop hanger & hose/hose brack.et will be provided in the pool.
equipmerit room. " . ' .
·A natural gas domestic hot wat'er heater (80 .. gallon).wiltbeinstaHed in the pool,
equipment room.
Murray Park Gommunitv Pool RFP No. SM-PW2010 .. 10 .. Page 4 ot8
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• . Domestic hot water piping sha.ll be provided to the mop basin, showers and
". lavatories. ", ..... . ~. '.' . . . " '.
• 'A ,IIBi-Ltlvel,t' ADA compliarit stainless,steel electric water c:poler shall be
-'installed on the exterior 'of the building at the pool dec!< area.' i
• Recessed wall hydrants (with lockable boxes) shalll:>e installed in the exterior'
wall of the buildings. . '. .' . . . .
• The restrooms,changing room, lifeguard/tick~t office, 'concession' area & ... '.
.. electric. room will be provided with mechanical ventilation. '
• The pool eqUipment rO.olTlwiUbe provided with cross 'ventilation. '.~
• ~Recessed fllJorescentlight fixtures will'be installed in the lifeguard/ticketoffice '.
and conces~i'on area. ','. . , ,
• . Surface mounted flOorescent light fixtures Will be installed in therestrooms arid '.
, changing st~tions.· .'. .... . ; ...
• Linear fluorescent gasket. light. fixtures will b'e 'installed in the pool equipmertt"
room., ','
•.. Lil1ear;fluorescent light fixtures with wire guards will belnstalled' in the 'ele~tric
room.
• Installing battery backup in ,some of. the fluorescent light fixtures will provide:
inte,rlorem,ergency lighting •. '. ". ., ..... ~ .'. I' '. '. .-'
• Future phone/data outlets will be provided in the adniinisirationlticketoffice,
'-lifeguar<;t office and concession area.". '. . , '. .
• POW,eroutlets shah be providedin.suff'icient 'ciuantl~ieSf6r equipment & uses i
. plann~din thes~pport building.. '.'
• 'Lightn,ing protectiOn for the building shall be installed. ,
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Paol Deck '. /' .i ,
." The 'pooldeck,will beconstructepof reinforced concrete: . . ,"
• The'paol"water su~face shall be. illuminated' to .a· minimum 3 Fe as required' by'
. the Florida Department of Health.' .... .'
• . The aquatic sit~ lighting shall be as m,anufactured by Musco Lighting (or equal).
• A deck drainage !systemshaU be deSigneQ arid incorporated intothestorrh . -, ".
water m~nagementsystem., ." .' . / . .
• Two (2) 20" diameter' uFunbrellas" win be hlstalled al()ng the pool ,deck to· ..
provide shaded areas. ' ' .' .' .... . '
• An ADAcompliaratshower shall bejnstaUed on the pool'deck area wittlin20'-~
0" of the water surfaces. -. ". .' " .. , . ..
• . Quick . connect hose bibs .. & 'electrical outlets will be provided along the .. '
'perimeter~ofthepooldeck spaced-af 100'-0" interva.ls.,
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.-A lightning prediction 'system wmbe furnished/installedwith visible ,strobes .&
an audible alarm (Tho~ Guard or, approved, equal). .,...'
. 'RecreationaL P~ol' (Approximatelv 4,000 SF) ,. . .
·The~ecreational pool. shall be designed as,aconcretEfpool with a slip resistant
.. quartz aggregate finish. ' . '.' . . . , .' .'~ .
•. The recreational pool shaUbedesigned in accordance with DOH requirElments ..
Murr,ay Park com~unity PoolRFP No. SM-PW2010~10 -Page50f 8,
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• The. recreationa.! pool will have a minimum depth of ,()'-O" pitching to a'
, maximurndepth,of ± 6'-0";
• Undervyater'lighting ,wil,l be installed.
• Pool ladders wil.1 be provided for accessing the pooL
• Pool piping'syst,ems shall be installed in PVC (Sch. 40).
• Pool fil~ration & chemical controller/feed systems wiU be installed.
·PoolpumpswiU be provided with variable frequency'drive motors to conserve '
energy. . .
• A natural gas pool 'heating system will be proVided .....
Ii . Acoliectort~mlf with' an auto-fill valve' will be installed.
• Pool depth 'markers will be installed along the 'perimeter of ~he pooi.
·An ADA compliant portablelifj will be provided .. ' .
• A portable vacuum shall beprovided'i
• Portable lifeguard chair wiUbe provided for use along 'the perimeter of the
Community pooL···· '. . " . , .... .... .' .
• Pool safety equipment and DOH required signage wOUldbefurriished/i'nstalied .
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Items by Owner .
·OWoert,o pay for .and provideaUsolJ boring~:md, geotechnicalsoilreports~ ,
• bwnerto pay for and 'provide all current topographicaL boundary and, elevation
, ~urveys. . , . ,
·Owrierto pay for the natura] gas line extensions to the proj'ectlocation ..., poor'
equipment pad from the, existing gas line location. (FlcridaCity' Gasm~y extend,
this line at no~ ch~rge-to b~ determined). . ','.
• Anyimprovemenfs to the. existing facilities around the proposed development. .
• Au Department of Environmental Resource Management (DERM) fees to be pa'id "
b\l'I:heCity,of$outh Miami. .,' ' .. ' ,'. ~
• All MiamFDade Water & Sewer Department (WAS D) fees to .be paid by the CitY'.
of South Miami.' .' '. '.
• All. Florida Department' of Environmental protectio~Water&. Wastewater Permit·
,'fees to be paid by the City of South Miami. '. .... , :,' ..
• All. Flprida D~partmentof Environmental Protecti6n(FDEP) NPDES Con'stru'ctian
Activities ,Permit fees to be paid bY,the City of South' Miami. .
• AU Building Construction Permit fees to be paid by the City of South Miami:
• FPL impact and 'primaryelectricalahd new transformer service feesta be paid .. '
by the City of SOl,Jth Miami. . "'. .
Exclusions, '. '. . . .' '.
• Site de-mucking, mass grading and removal of unsuitable soils .. ,.
• Any improvements to the existing facilities around the proposed development.
• Any improvements or upgrading of the existing off-site utilities servicing the
. PJopos~d development. These. may include but are not limited to gas lines;
sewer lines, water lines, anddrairiage . utilities: .
• Pool deck furnishings except,as noted.. .
Murray Park Community Pool RFP No.SM-PW2010'-1 a' -Page 6 of 8 .. .....".. '.
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The total pl'i~eforthe above scope of work and services: $1 ,198,000.00
One Million One Hundred Ninety-Eight Thousand and 00/1 00 "Dollars ..
Alternate', : Splash Deck (Appr~ximateIY\1 ,292SF'Wet D.e~k Area):
• The splash pattarea shall 'be designed to inclliqeinteractive' water play features
with a minimurn4<O" wideconcretesplashJree :zone around the' Perimeter. : ..
• /The splash pad area will be constructed ofa 6" thick reinforced concrete slab
. with a slip resistant colo.redconcrete surface. ...... .' "; .... ...... . .' ... .
• The splash. pad will be designed and constructed to recycle the filteredpo()1
water & rriinimizestorm waterrun.()ff.· . I ..
• Playfeatures·shall. include' pop jets, silly serpent, bell spray jet, palm tree. i
'dumping boconuts, shbwer toWer and raindrop and manufactured by Rian Drop
Products or equal. ., 'r , _
.. the water play: feature. will be, constructed with stainless steel bases 8ehave'
direct"spray ·features, gro~nd water sprays .& touch activated features. .
• 'A, shad~ str~cture,VifiU,be constructed over aportioli of the splash deck to.
provide .pr6tectionforsmaller Children." . . .. ..
• The filtration will be';I;duali()op"~&includesand/filtration witb a UV di$infection ,
system.. ., " ", .... . ,,'"
• Note: 'Th'e· . proposed , Splash Deck 's~an ,be 'similar tothal wa~ designed and,
c<>nslructedby Recreational Design and. Construction.' installeCi at-the. Pinecrest.
Park inSouthlViiami. '. '. .
Total add for Alternate 1: . $378,5'6CLoo
.Y.
-},
'. Alternate 2: Ge~therm~1 'Heaters and Wells' ., ". ) ." , .' ,','
• To delete the proposed Gas Heaters in the main pool and instaUaGeo Thermal
Pool Heating I Cooling System with thre.e (3)PH215 He'~t coolSystei11
\,including aU intake and discharge wells, w~~1 pumps piping and control wiring;,
. concrete .pads and eq uipment e,nclosure area .,' .
. , Total add for Alternate 2: $,105,565.00"
. . ~ . -.' . . .
Alternate 3: Solar Heating System .
• To utilize a solar heating system for the pool Haating $ystem including all
. pumps ·and ·piping.
• , Note Du.e to the volume of.the' water in the pool a gas 'heater will be used asa '
. ' back lJp to assist in the hestingof the pool ..
• There is a requirement 0'f4/000sf~ of protected' surface adjacent to the aquatic'
facility to houl;iefhesoJar'heating system. . .' .'
, Total add for 'Alternate 3: .$76,000.00
Murr~y Park.community Pool RFP No.SM·PW2010.10 • Page 7 of 8,
" .....
..:... ..
.\
. i
Alternate 4: Saline Chlorination System . , ' '. ' . " . ' .. ,' '
• To upgrade the proposal Pulsar system for the main pool wi~ha salt I Chlorine,
System to include and Industrial' Grade Saline Chlorination System with monitor
controls, salt saturation ,feeder and sensors. .' '.'
Total add for Alternate 4:$22,700.00
J1 you have any questions, please feel free 'to contact me at (954) 566-3885.
We look forward to VIIorkirigvvith you and having this project completed ,ina tirnely .
manner.
. '. " . . . .
nt:Orderof Magnitude, Cost Esti,mate Schedule
Murray Par~ Community Pool RFP No. SIVl~PW201b*1O -Page 80f8
, ,
Ie RECREATIONAL DESIGN Be CONSTRUCTION, INC.
3990 North Powerllne Road, Oakland, Florida 33309
(954) 566-3885 • Fax (954) 566-3335
Email: info@recreationaldesign.com
Murray Park Community Pool ~ Revised Cost Estimate
6800 SW 66th Street, South Miami Florida 33143
ORDER OF MAGNITUDE COST ESTIMATE BREAKDOWN ~ MURRAY PARK POOL
Date 11/4/2010
Item Subtotal
100 Design & Engineering Fees
Architectural Fees Included
Aquatic Engineering Fees Included
Civil Engineering Fees Included
Structural Engineering Fees Included
Electrical Deskm Fees Included
Mechanical & Plumbing Design Fees Included
Landscape & Irrigation Fees Included
Total Design & Enginearing Fees $ 84,000.00
100 General Conditions
General Conditions Included
Supervision Included
Temporary Utilities Included
Performance Bonds & Insurances Included
Construction Survey, Asbuilts & Testing Included
Total General Conditions $ 96,350.00
100 Permits ~ By CIty
Permit Fees -Allowance $ 5,000.00
200 Earthwork-& Site Work
Silt Fence & Storm Water Pollution Prevention Included
Site Clearing and Grubbing Included
Earthwork & Grading Included
Water Connection Included
Sewer Connection Included
Asphalt Restoration after Construction Included
Controlled Entrance Picket Gates Included
Sidewalks Included
Picnic Tables -3 ea Included
Site Recycled Plastic Benches -3 ea Included
Trash Receptacles -2 ea Included
Bike Rack -1 ea Included
Landscaping Included
Irrigation Included
Electrical Service to the Project Site Included
Site Lighting & necessary electrical work Included
Total Site & Earthwork $ 183,500.00
ORDER OF MAGNITUDE COST ESTIMATE BREAKDOWN· MURRAY PARK POOL
Date 11/412010
Item Subtotal
200 Buildings
Concession I Ticketing I Restroom I Pool Equip I Life Guard Building -1,350 SF
Building Concrete and Carpentry Included
Building Masonry Included
Finish Carpentry Included
Caulking & Water Proofing Included
Built-up Membrane Flat Roof Included
Hollow Metal I Frames & Door Hardware Included
Stucco Included
Drywall Framing & Finishes Included
Ceramic Tiles on floors Included
Painting Included
Toilet Compartments. & Access. Included
Building Signage Included
Aluminum Intake Louvers Included
Locker System Included
Plumbing Fixtures & Showers Included
ADA "Bi-Level" Water Cooler Included
Exhaust Fans and Louvers Included
Building Electrical Included
Lightning Prediction System -Thor Guard Included
Passive Solar Heating Included
Total Buildings $ 335,310.00
300 Recreational Swimming Pool
Concrete Recreational Pool -4,000 SF
Pool Excavation Included
Dewatering as necessary Included
Reinforced Concrete in Place Included
Quartz Aggregate Finish on Pool Surface Included
Pool Tiles Included
Underwater Lighting for Pool Included
Pool Ladders to Access the Pool Included
Pool Pumps and Piping Included
Pool Collector Tank Included
Pool Filtration System Included
Natural Gas Pool Heating System Included
ADA Compliant Portable Lift -1 ea Included
Portable Vacuum -1 ea Included
Portable Guard Chair -1 ea Included
Pool Safety Equipment & DOH Signage Included
Pool Electric Work Included
Pool Equipment Yard & Shade Cover Included
Total Recreational Swimming Pool $ 375,000.00
ORDER OF MAGNITUDE COST ESTIMATE BREAKDOWN -MURRAY PARK POOL
Date 11/4/2010
Item Subtotal
400 Pool Deck
Reinforced Concrete Deck Included
Deck Drainage as necessary Included
Pool Deck Fencing Included
20' Diameter Funbrellas -2 ea Included
ADA Compliant Showers on the deck Included
Weatherproof Electrical Outlets Included
lightning Prediction System -Thor Guard Included
Total Pool Deck $ 104,055,00
SubTotal $ 1,183,215.00
Performance & Payment Bond Fee $ 14,785,00
Estimate Grand Total $ 1,198,000.00
Alternates
Add for a Splash Deck with Water Play Features Add $ 378,560.00
To Upgrade Gas Heater to a Geothermal Heater with Wells Add $ 106,565.00
To utilize a Solar Panel toas part of the Heating of the Pool
System
Note a backup Gas Heater is included Add $ 76,000.00
Upgrade Pool Chlorination System to a Saline System Add $ 22,700.00
ZYSCOVICH I
ArlCHITECTS
Women's Restroom / Changing
Men's Restroom / Changing
Family / Changing
Ticketing Office
Concessions
Pool Equipment
Electrical
Concrete Pool Deck
Entry Area
Funbrella
Picnic Area
ADA Bi-Level Drinking Fountains
Tropical Landscaping
Signage
Stabilized Walkway
Concrete Sidewalk
Splash Deck area
Pool Equipment Yard
311 sJ
264 sJ
49 s.f.
215 sJ
115 sJ
148 sJ
40 sJ
+/-6,200 sJ
1,295 s,f.
Additional restrooms fixtures have been included
in the design to meet the Department of Health
requirements for the future construction of a Splash
Deck
RECREATIONAL
DESIGN &
CONSTRUCTION, INC.
Submitted To:
City of South Miami,
City Clerk Office
61 30 Sunset Drive
South Miami, FL 33143 • (305) 663-6340
2010-10
Section 1 SITE PLAN
A. Overall Site Plan
Section 2 ELEVATIONS and RENDERING
A. Elevations and Rendering of Murray Park
Section 3 PROPOSAL
A. Cost Estimate Breakdown
B. Technical Scope of Work
Design guild of Murruy Pmk (onllnuilily Pool CITY OF SOUTH MIAMI, H
SITE PLAN
Desif:)11 Build of Murray Purk Communi1y Pool 'CITY Of SOIJTH MIAMI, Fl
ELEVATIONS AND RENDERING
Desiqn·Huild of MurrClY Pmk Community Pool CITY OF SOUTH MIAMI, H
·rv,!.IR~.AVpA:ft~(:(;)MI\lli!NitY pop!..
.ClTY OFSOU1'I':IMIAl'!1I,FL.
Z C i C W !,~~I RECREATIONAL II g ~ ~t~ DESIGN &
A R H' TEe T S '" ~ CONSTRUCTION, INC.
z C !CH
ARCHITECTS
MUR.RAY MRKCOMMUNITV . pool..
CITY OF so\JrH MIAiYll;FL
RECREATIONAL.
DESIGN &
CONSTRUCTION~ INC.
:J::
l)u
UI
u
· MURflA.VPARKCOMMUN ITVPCmL
Cl'rvOF SOUTH MIAMI, FL
A Women·s Restroom I Changing 311 s.f.
8. Men's Restroom I Changing 264 sJ
C. Family / Changing 49 sJ
D. Ticketing Office 215 s.f.
E. Concessions 115 sJ
F, Pool Equipment 148 s.f.
G. Electrica! 40 sJ
H. Concrete Pool Deck +/-6,200 s.f.
Entry Area
J. Funbrella
K. Picnic Area
L. ADA Bi-Level Drinking Fountains
M. Tropical Landscaping
N. Signage
0. Stabilized Walkway
P. Concrete Sidewalk
Q. Future Splash Deck area
R. Pool Equipment Yard
Note:
.Additional restrooms fixtures have been included
in the design to meet the Department of Health
requirements for the future construction of a Splash
Deck
PROPOSAL
Design lSuild of Murwy Pmk C:ollll1luniiy Pool CITY OF SOUTH MIAMI, fl
PROPOSAL: Respondent's Pricing and Delivery Proposal -----------------------------
100
100
100
200
MURRAY PARK COMMUNITY POOL
Cost Proposal
5800 SW 66th Street, South Miami, Florida 33143
ORDER OF MAGNITUDE COST ESTIMATE BREAKDOWN -MURRAY PARK POOL
Date 11/4/10
Item Subtotal
Design & Engineering Fees
Architectural Fees Included
p.quatic Engineering Fees Included
Civil EnQineerinQ Fees Included
Structural EnaineerinQ Fees Included
Electrical Design Fees Included
Mechanical & PlumbinQ DesiQn Fees Included
Landsca.Jl..e & Irrigation Fees Included
Total Design & Engineering Fees $ 84,000.00
General Conditions
General Conditions Included
Supervision Included
Temporary Utilities Included
Performance Bonds & Insurances Included
Construction Survey, Asbuilts & TestinQ Included
Total General Conditions $ 96,350.00
Permits -8yCity
Permit Fees· Allowance $ 5,000.00
Earthwork & Site Work
Silt Fence & Storm Water Pollution Prevention Included
Site Clearing and Grubbing Included
Earthwork & Grading Included
Water Connection Included
Sewer Connection Included
Asphalt Restoration after Construction Included
Controlled Entrance Picket Gates Included
Sidewalks Included
Picnic Tables -3 ea Included
Site Recycled Plastic Benches -3 ea Included
Trash Receptacles -2 ea Included
Bike Rack -1 ea Included
Landscaping Included
Irrigation Included
Electrical Service to the Project Site Included
Site Lightinfj & necessa'Y electrical work Included
Total Site & Earthwork $ 183,500.00
page 1 of 3
Design-Build of Murruy Pork Community Pool .CITY OF SOUTH MIAMI, FL
PROPOSAL: Respondent's Pricing and Delivery Proposal
ORDER OF MAGNITUDE COST ESTIMATE BREAKDOWN -MURRAY PARK POOL
Date 11/4/10
Item Subtotal
200 Buildings
Concession 1 Ticketing! Restroom! Pool Equip-' Life Guard Buildina -1 350 SF
Building Concrete and Carpentry Included
Building Masonry Included
Finish Carpentry Included
Caulking & Water Proofing Included
Built-up Membrane Flat Roof Included
Hollow Metal! Frames & Door Hardware Included
Stucco Included
Drywall Framing & Finishes Included
Ceramic Tiles on floors Included
Painting_ Included
Toilet Compartments. & Access. Included
Building Sign age Included
Aluminum Intake Louvers Included
Locker ~ystem Included
Plumbing Fixtures & Showers Included
ADA "Bi-Level" Water Cooler Included
Exhaust Fans and Louvers Included
Building Electrical Included
Lightning Prediction System -Thor Guard Included
Passive Solar Heating Included
Total Buildings $ 335,310.00
300 Recreational Swimming Pool
Concrete Recreational Pool -4 000 SF
Pool Excavation Included
Dewatering as necessary Included
Reinforced Concrete in Place Included
Quartze Aggregate Finish on Pool Surface Included
Pool Tiles Included
Underwater Lighting for Pool Included
Pool Ladders to Access the Pool Included
Pool Pum~s and Pi~ing Included
Pool Collector Tank Included
Pool Filtration S)lstem Included
Natural Gas Pool Heating System Included
ADA Compliant Portable Lift -1 ea Included
Portable Vacuum -1 ea Included
Portable Guard Chair -1 ea Included
Pool Safety Equipment & DOH Signage Included
Pool Electric Work Included _.
1----Pool Eguiement Yard & Shade Cover --Included ---
Total Recreational Swimming Pool $ 375,000.00
page 2 of 3
Design Build of MurrClY Pork Community Pool CITY OF SOUTH MIAMI, H
PROPOSAL: Respondent's Pricing and Delivery Proposal --------------------_ .... _--_.-
ORDER OF MAGNITUDE COST ESTIMATE BREAKDOWN -MURRAY PARK POOL
Date 11/4/10
Item Subtotal
400 Pool Deck
Reinforced Concrete Deck Included
Deck Drainage as necessary Included
Pool Deck Fencing Included
20' Diameter Funbrellas -2 ea Included
ADA Compliant Showers on the deck Included
Weatherproof Electrical Outlets Included
Lightning Prediction System -Thor Guard Included
Total Pool Deck $ 104,055.00
Sub Total $ 1,183,215.00
Perfomance & Pay_ment Bond Fee $ 14785.00
Estimate Grand Total $ 1,198,000.00
page 3 of 3
DesiqnBuild of Murroy Petrk Community Pool CITY OF SOUTH MIAMI, FI.
PROPOSAL: Respondent's Pricing and Delivery Proposal ----
November 4, 2010
City of South Miami
Public Works & Engineering Department
4795 S.W. 75th Avenue
Miami, Fl 331 35
Attn: Mr. Fritz Armand, Public Works & Engineering Director
Re: Murray Park Community Pool RFP No. SMaPW 201 Oa 10
TECHNICAL PROPOSAL
Dear Mr. Armand:
Recreational Design & Construction, Inc. (RDC) is pleased to submit this Technical Scope of Work including
pricing for the construction of the Murray Park Community Pool facility located at 5800 S.W. 66th Street in
South Miami, Florida.
Our scope of work and pricing is in accordance with the attached site plan and elevation renderings and
the City of South Miami's design criteria to meet the revised budget.
The pricing for the complete scope of work and services is as follows:
Design Fees and Services
III RDC shall provide all civil, landscape, irrigation, aquatic, architectural, structural, mechanical,
plumbing and electrical plans necessary to permit and construct the proposed project.
t!I RDC shall be responsible for obtaining Florida Department of Health (FDOH) permitting.
III RDC shall be responsible for obtaining the City of South Miami Building Department Permits.
III The design & construction of this project shall follow the parameters of the USGBC "LEED" rating
system. .. Permitting fees will be paid for or reimbursed by the Owner .
General Conditions
III
III
The general condition costs include all project management, supervision, mobilization, temporary site
water, temporary electric utilities, temporary trailer/storage facilities, temporary toilets, temporary
fencing/gates and dumpsters.
ROC shall provide construction stakeout as necessary to complete the proposed project.
page 1 of 6
Design.Build of MurrClY Pork Community Pool CITY Of SOUTH MIAMI, fl
PROPOSAL: Respondent's Pricing and Delivery Proposal
Bond and Insurances
iii Provide a payment and performance bond once the permits are in place.
Survey & Construction Testing
iii The survey and construction testing fees will include the required testing, construction survey layouts
and final as-built drawings.
Site Preparation
iii A temporary silt fence will be installed around the area being developed to prevent soil erosion &
airborne dust generation.
III Clearing and prepping with-in the limits of work, to prepare the areas for construction, shall be
performed as part of this scope of work.
iii Debris resulting from the clearing and grubbing shall be disposed of at an off-site location in
accordance with applicable codes & statutes.
Site Work
III ADA compliant 5'-0" wide concrete sidewalks will be constructed to connect the existing community
center walkway (north of the basketball courts) & the community center parking lot to the aquatic
center entrance.
II A bicycle rack will be provided.
Site Electric
II The electric power shall be connected to a new FPL service.
Site Drainage
III The areas with-in the limits of construction shall be graded/shaped as required to create dry/wet
retention areas for storm water drainage quantity control and provide proper pad elevations for
the proposed building & pool deck.
Site Utilities
II The building sanitary sewer systems & filter discharge piping will be connected to the existing
sanitary sewer system.
II The building potable water system, collector tank auto-fill line & pool deck hose bibs shall be
connected to the existing water service.
III A backflow preventer (if required) will be installed on the potable water service to the pool facilities.
Landscapellrrigation
., Landscaping will be based on providing low maintenance native plant species requiring minimal
irrigation .
., The design shall include the rernoval, relocation & replanting of the existing native vegetation within
the limits of construction (as required).
page 2 of 6
Desiqll-Build of MunClY Pork Community Pool CITY Of SOUTH MIAMI. Fl
iii
III
II
II
PROPOSAL: Respondent's Pricing and Delivery Proposal
-'-------
Any existing invasive plant materials within the limits of construction will be removed.
The site irrigation system shall be fed from the potable water service.
A backflow preventer (if required) will be installed on the irrigation system.
The irrigation system will be constructed with bubblers & low spray heads to maximize control and
meet LEED rating.
Concession/Ticket Room/Control Building/Pool Equipment/Life Guard Building
iii An approximately 1350 square foot single story structure will be designed and constructed to
II
..
II
II
III
III
III
II
III
III
III
III
iii
III
iii
include a men's toilet room, a women's toilet room, a lifeguard/ticket office, a concession area, a
family changing room, a pool equipment room and an electric room.
The structure shall be constructed with 8" reinforced concrete masonry units, 4" reinforced concrete
slabs on grade and prefabricated metal bar joist systems with 2" metal decks.
A built up roofing system consisting of a single ply membrane, protection board and vapor barrier
over 2" lWT concrete shall be installed over the metal decking.
The roofing system will meet with Miami-Dade product approval.
The building exterior will be provided with a painted 5/8" smooth stucco finish.
Aluminum intake louvers with insect screens shall be installed in the exterior walls to provide ventilation
into the restrooms, lifeguard/ticket office, concession area, electric room & the pool storage room.
The louvers shall meet Miami-Dade product approval.
Hollow metal exterior doors/frames shall be constructed of galvanized exterior grade material.
The doors shall meet Miami-Dade product approval.
Door hardware provided shall be vandal proof "Classroom" type functions.
Glass window systems will be constructed of high impact resistant tinted glass with anodized
aluminum framing. The windows shall meet with Miami-Dade product approval.
Manually operated roll-up windows with ADA compliant exterior ledges will be provided in the
ticket office & concession area. The roll-up windows shall meet with Miami-Dade product approval.
The toilet room interior and chase walls shall be constructed of reinforced concrete masonry units.
The men's toilet room, women's toilet room and family changing room walls shall be finished with a
skim coat, two (2) coats of epoxy paint & a 5'-0" high tile wainscot.
The lifeguard/ticket office and concession area walls shall be finished with a skim coat & two (2)
coats of epoxy paint.
The interior block walls of the pool equipment room and electric room shall be finished with block
filler paint.
The lifeguard/ticket office and concession area shall have seamless epoxy finished floors with 6"
vinyl cove bases.
The men's toilet room, women's toilet room and family changing room shall be provided with a
seamless epoxy finished floor with a tile base.
The pool equipment room and electrical room shall have a troweled/sealed concrete floor finish.
The lifeguard/ticket office and concession area shall be provided with a 2'x2'moisture resistant
acoustic ceiling tile system.
The men's toilet room, women's toilet room and family changing room will be constructed with an
epoxy painted gypsum board ceiling finish.
page 3 of 6
--------------------
Desiqn,i5uild of Murroy Pork Community Pool CITY OF SOUTH MIAMI, fl
III
III
III
III
III ..
..
..
..
III
..
III
..
111
III
I!I
III
I!I
I!I
II
III
II
II
PROPOSAL: Respondent's Pricing and Delivery Proposal
.. ----_ ..... _--
The pool equipment room and electric room shall have an exposed painted ceiling.
Solid plastic (HDPE) 3-tiered padlocked lockers mounted on a 4" high base shall be installed in the
men's and women's toilet rooms.
ADA compliant and standard height changing benches will be provided in the men and women's
toilet rooms.
Millwork shall be constructed of plastic laminate over exterior grade plywood with water resistant
adhesives. Counter-tops shall be fabricated with V2" solid surfacing material.
The ticket office window will be provided with a solid surfaced transaction counter.
The concession area will be provided with a fabricated counter at the transaction window. Sneeze
guards will be provided as required by health codes.
Fire extinguishers shall be provided to meet the NFPA and Florida Building Code requirements •
ADA signage shall be provided as required by the Florida Building Code.
The floor mounted toilet & urinal partitions will be constructed of 3f4" thick high-density polyethylene
plastic with natural anodized aluminum hardware and head-rail bracing.
Toilet accessories to be Stainless Steel as manufactured by Bobrick (or equal) and shall comply with
the latest ADA regulations.
A diaper changing station shall be provided in each toilet room & family changing room.
ADA showers will be provided in the men's and women's toilet rooms with seats, curtains, curtain rods
& robe hooks.
Lavatories will be provided with automatic sensor faucets.
Water closets will be provided with automatic sensor flush valves .
The men's restroom facility shall consist of two (2) floor-mounted water closets, two (2) wall-hung
urinals (w/carriers), three (3) wall-hung lavatories (w/carriers), one (1) ADA shower, one (1) wall
hydrant and two (2) floor drains.
The women's restroom facility shall consist of five (5) floor-mounted water closets, three (3) wall-hung
lavatories (with carriers), one (1) ADA shower, one (1) wall hydrant and two (2) floor drains.
The family changing room shall consist of one (1) ADA floor-mounted water closet, one (1) ADA wall-
hung lavatory (with carrier), one (1) hose bib & one (1) floor drain.
A mop basin, mop hanger & hose/hose bracket will be provided in the pool equipment room.
A natural gas domestic hot water heater (80-gallon) will be installed in the pool equipment room.
Domestic hot water piping shall be provided to the mop basin, showers and lavatories.
A "Bi-Level" ADA compliant stainless steel electric water cooler shall be installed on the exterior of
the building at the pool deck area.
Recessed wall hydrants (with lockable boxes) shall be installed in the exterior wall of the buildings.
The restrooms, changing room, lifeguard/ticket office, concession area & electric room will be
provided with mechanical ventilation.
The pool equipment room will be provided with cross ventilation.
Recessed fluorescent light fixtures will be installed in the lifeguard/ticket office and concession area.
Surface mounted fluorescent light fixtures will be installed in the resirooms and changing stations.
Linear fluorescent gasket light fixtures will be installed in the pool equipment room.
Linear fluorescent light fixtures with wire guards will be installed in the electric room.
Installing battery backup in some of the fluorescent light fixtures will provide interior emergency
lighting.
page 4 of 6
Design··Build of Murrtty Pork Community Pool CITY OF SOUTH MIAMI, flo
!II
II
II
PROPOSAL: Respondent's Pricing and Delivery Proposal ----
Future phone/data outlets will be provided in the administration/ticket office, lifeguard office and
concession area.
Power outlets shall be provided in sufficient quantities for equipment & uses planned in the support
building.
Lightning protection for the building shall be installed.
Pool Deck
II
II
II
II
II
II
III
III
The pool deck will be constructed of reinforced concrete.
The pool water surface shall be illuminated to a minimum 3 Fe as required by the Florida Department
of Health.
The aquatic site lighting shall be as manufactured by Musco Lighting (or equal).
A deck drainage system shall be designed and incorporated into the storm water management
system.
Two (2) 20" diameter "Funbrellas" will be installed along the pool deck to provide shaded areas.
An ADA compliant shower shall be installed on the pool deck area within 20'-0" of the water
surfaces.
Quick connect hose bibs & electrical outlets will be provided along the perimeter of the pool deck
spaced at 100'-0" intervals.
A lightning prediction system will be furnished/installed with visible strobes & an audible alarm
(Thor Guard or approved equal).
Recreational Pool (Approximately 4,000 SF)
III
III
III
III
II
III
III
III
III
III
II
The recreational pool shall be designed as a concrete pool with a slip resistant quartz aggregate
finish.
The recreational pool shall be designed in accordance with DOH requirements.
The recreational pool will have a minimum depth of 0'-0" pitching to a maximum depth of + 6'-0".
Underwater lighting will be installed.
Pool ladders wi" be provided for accessing the pool.
Pool piping systems shall be installed in PVC (Sch. 40).
Pool filtration & chemical controller/feed systems will be installed.
Pool pumps will be provided with variable frequency drive motors to conserve energy.
A natural gas pool heating system will be provided.
A collector tank with an auto-fill valve will be installed.
Pool depth markers will be installed along the perimeter of the pool.
An ADA compliant portable lift will be provided.
A portable vacuum shall be provided.
Portable lifeguard chair will be provided for use along the perimeter of the Community pool.
Pool safety equipment and DOH required signage would be furnished/installed.
page 5 of 6
Desi9tl Build of MurrelY Pmk Community Pool 'CITY OF SOUTH MIAMI, Fl
PROPOSAL: Respondent's Pricing and Delivery Proposal ----------
Items by Owner
II
II
II
II
II
II
II
II
II
II
Owner to pay for and provide all soil boring and geotechnical soil reports.
Owner to pay for and provide all current topographical, boundary and elevation surveys.
Owner to pay for the natural gas line extensions to the project location -pool equipment pod
from the existing gas line location. (Florida City Gas may extend this line at no charge -to be
determined).
Any improvements to the existing facilities around the proposed development.
All Deportment of Environmental Resource Management (DERM) fees to be paid by the City of
South Miami.
All Miami-Dade Water & Sewer Deportment (WASD) fees to be paid by the City of South Miami.
All Florida Deportment of Environmental Protection Water & Wastewater Permit fees to be paid
by the City of South Miami.
All Florida Deportment of Environmental Protection (FDEP) NPDES Construction Activities Permit fees
to be paid by the City of South Miami.
All Building Construction Permit fees to be paid by the City of South Miami.
FPL impact and primary electrical and new transformer service fees to be paid by the City of South
Miami.
Exclusions
II
II
..
III
Site de-mucking, moss grading and removal of unsuitable soils.
Any improvements to the existing facilities around the proposed development.
Any improvements or upgrading of the existing off-site utilities servicing the proposed development •
These may include but are not limited to gas lines, sewer lines, water lines, and drainage utilities.
Pool deck furnishings except as noted.
The total price for the above scope of work and services: $1,198,000,00. One Million One Hundred
Ninety-Eight Thousand and 00/100 Dollars.
If you have any questions, please feel free to contact me at (954) 566-3885.
We look forward to working with you and having this project completed in a timely manner.
page 6 of 6
Desi9n8uild of Murroy Pork Community Pool CITY OF SOUTH MIAMI, Fl
BID OPENING REPORT
Bids were opened on: Thursday. November 4. 2010 After: 10:00 am
For: RFP-Design/Build of Murray Park Community Pool -Modified Submittal
CONTRACTORS:
1. Di Pompeo Construction
2. Link Construction Group, Inc.
3. Recreational Design & Construction, Inc.
BID AMOUNTS:
Design:
Construction: ~~~~~~~--~
TOTAL:
Design:
Construction: ----------------~
TOTAL:
Design: Q, OD
Construction: ~~~--~~----~
TOTAL: \,1<1<6, 00_ ~
THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED.
THE BID TOtALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY
REVIEWED.
City Clerk's Signature _...y::..._--l~7-'<-_;.-t~~ ........ ~ ....... L..
Witness: ---,~~--.:-~,,--....e....:..::::!:::;-t:=:::-----
City of South Miami
PUBLIC WORKS & ENGINEERING DEPARTMENT
4795 SW 75th Avenue
Miami, FL 33155
Tel. (305) 663-6350 Fax (305) 668-7208
Point
Value:
Murray Park Community Pool
Evaluation
o
None Fair
2
Good
Recreational
Design &
3
Best
Requirement Construction, Inc
General FA PV
Improve the appearance, function and circulation of 2 2 the streets and adjacent areas to the park
A facility the City can afford to build and operate 2 2
Organization structure of the proponent 0 1 (management structure)
Comparable experience of proponent 2 2
Project size in square feet and cost 2 2
Site plan showing the proposed location of the pool 2 2 and other improvements
A maximum of three elevations and rendering 2 2 showing Murray Park and improvements
Meet ADA standards
Schedule Development
Program
Swim lessons 2 2
Exercise-lap swimming, swim team practice 2 1
Family recreation & relaxation (satisfies all age 2 2 Qroups)
Water safety 2 3
Evening party rentals 2 2
Competitive swim meets 1 1
A concession selling healthy snacks, serves both 2 2 community and pool
A shaded area with lounge chairs and picnic/cafe 2 1 tables, clear view of the pool
Sustainable Features
Sustainable Design 1 2
Design will be efficient as possible (LEED) 2 2
Bicycle parking 2 2
Shade the surrounding sidewalks with trees 2 2
Building
Entry control building 2 2
Lifeguard station, outside lifeguard stand 2 1
Changing rooms/ showers/locker system 2 2
Equipment storage, pool filtration 2 2
Sub Totals 42 42
Total Points 84
Di Pompeo
Construction
FA PV
3 3
3 3
3 3
2 2
2 2
3 3
3 3
2 3
3 3
2 3
3 2
2 2
3 3
3 2
3 3
3 2
2 2
3 2
3 2
2 2
2 1
2 3
2 3
59 57
116
South Miami
bO'. mp
2001
Pictures:
Village of Pinecrest Splash Park
CITY OF SOUTH MIAMI
REQUEST FOR PROPOSALS
FOR
DESIGN I BUILD
OF
MURRAY PARK COMMUNITY POOL
Public Works and Engineering Department
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*CITY OF SOUTH MIAMI *6130 SUNNSET DRIVE *SOUTH MIAMI *FLORIDA *33143*
Murray Park Community Pool
Sealed proposals will be received at the City Clerk Office, City of South Miami 6130 Sunset Drive, South Miami,
Florida 33143, until 10:00 a.m., Friday, September 3, 20 I 0 for Murray Park Community Pool to be located at
5800 SW 66th Street, South Miami, Florida 33143.
RFP NO. SM -PW2010-IO
The City's objective is to hire a qualified and competent independent Proponent to provide all
necessary professional design services and all labor, materials and equipment necessary to construct
the Murray Park Community Pool which is located at Murray Park, 5800 SW 66th Street, South
Miami, Florida 33143.
The work involved with the project shall include, but may not be limited to, the furnishing of all labor, materials,
tools, equipment, machinery, superintendence and services necessary for the complete in place construction of the
project.
A mandatory Pre-Bid Conference will be held at the site at 10:00 a.m on August 20, 20 I O. The conference
shall be held regardless of weather conditions.
The Proposal Packages are on file at the Issuing Office of:
City of South Miami
City Clerk Office
Between 9:00 AM to 4:00 PM
6130 Sunset Drive
South Miami, Florida 33143
(305) 663-6340
Copies of the Proposal Package may be obtained from the Issuing Office upon the payment of ten U.S. dollars ($10)
to the City of South Miami.
The City of South Miami reserves the right to award the bid to the lowest, most responsive, responsible proponent,
as determined by the City Commission, subject to the right of the City to reject any and all bids, to waive any
irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to
proponents other than the low proponent.
This project in part will be federally assisted through the Miami-Dade County Department of Housing and
Community Development with HOME funds and as such bidder must comply with Presidential Executive Order
I 1246, as amended: by Executive Order I 1375: Title VII of the Civil Right Act of 1964 as amended; the Davis Bacon
Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and
all other applicable federal, state and local ordinance.
Note that bidder is required to pay workers on this project the minimum wages as determined in the Wage
Determination Decision included in the Bidder's package: and that the contractor must ensure that employees are
not discriminated because of race, color, religion, sex or national origin.
This project is also a Section 3 covered activity. Section 3 requires that job training employment and contracting
opportunities be directed to low and very-low income persons or business owners who live in the project's area.
Lissette Rivera
Purchasing Manager
TABLE OF CONTENTS
1.0 INSTRUCTIONS TO PROPONENTS ........................................................................................................ 1
2.0 EVALUATION AND SELECTION ............................................................................................................. 6
3.0 GENERAL CONDITIONS ....................................................................................................................... 10
4.0 SCOPE OF SERVICES ............................................................................................................................. 10
5.0 OVERViEW ............................................................................................................................................ 11
PRICE PROPOSAL FORM ............................................................................................................................... 16
BID BOND ..................................................................................................................................................... 19
PROPONENT QUALIFICATION STATEMENT ............................................................................................... 21
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST ............................................................................. 24
DRUG FREE WORKPLACE ............................................................................................................................ 27
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS ................................................... 28
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS ........................................................ 29
NOTICE OF AWARD .................................................................................................................................... 30
AGREEMENT ................................................................................................................................................. 31
FORM OF PERFORMANCE BOND ................................................................................................................. 33
FORM OF PAYMENT BOND .......................................................................................................................... 36
NOTICE TO PROCEED ................................................................................................................................. 39
GENERAL CONDITIONS ............................................................................................................................... 40
ARTICLE I DEFINITION ................................................................................................................................................................ 40
ARTICLE 2 PRELIMINARY MATTERS ......................................................................................................................................... 41
ARTICLE 3 CORRELATIONS, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS ...................... .44
ARTICLE 4 AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS .................................... .45
ARTICLE 5 CONTRACTOR'S RESPONSIBILITIES .................................................................................................................. 45
ARTICLE 6 WORK BY OTHERS .................................................................................................................................................. 51
ARTICLE 7 CITY'S RESPONSiBILITIES ........................................................................................................................................ 52
ARTICLE 8 CONSULTANTS' STATUS DURING CONSTRUCTION ................................................................................ 53
ARTICLE 9 CHANGES IN THE WORK ..................................................................................................................................... 54
ARTICLE 10 CHANGE OF CONTRACT PRiCE ...................................................................................................................... 54
ARTICLE II TIME FOR COMPLETION, LIQUIDATED DAMAGES & CHANGE OF THE CONTRACT TIME ...... 57
ARTICLE 12 -GUARANTEE .......................................................................................................................................................... 58
ARTICLE 13 PAYMENTS AND COMPLETION ........................................................................................................................ 58
ARTICLE 14 SUSPENSION OF WORK AND TERMINATION ............................................................................................ 60
ARTICLE 15 MISCELLANEOUS .................................................................................................................................................... 62
Murray Park Community Pool RFP
ARTICLE 16 WAIVER OF JURY TRIAL ....................................................................................................................................... 62
ARTICLE 17 ATTORNEYS FEES JURISDICTION I VENUE I GOVERNING LAW .......................................................... 62
ARTICLE 18 PROJECT RECORDS ............................................................................................................................................... 62
ARTICLE 19 SEVERABILITY ........................................................................................................................................................... 62
ARTICLE 20 INDEPENDENT CONTRACTOR ........................................................................................................................ 63
SUPPLEMENTARY CONDITIONS ................... , .............................................................................................. 64
MIAMI DADE COUNTY HCD REQUiREMENTS ............................................................................................. 65
Murray Park Community Pool RFP ii
1.0 INSTRUCTIONS TO PROPONENTS
Murray Park Community Pool
IT IS THE RESPONSIBILITY OF THE PROPONENT TO ENSURE THAT THE PROPOSAL
REACHES THE CITY CLERK OFFICE ON OR BEFORE THE CLOSING HOUR AND DATE
STATED ON THE REQUEST FOR PROPOSAL FORM.
I. Purpose of This RFP: The City of South Miami is requesting proposals (RFP) for the design and construction of
Murray Park Community Pool for the lowest and most responsive price. The City reserves the right to award
the project to the firm considered the best to serve the City's interests.
2. Any questions concerning the RFP or any required need for clarification must be made to the Purchasing
Manager in writing, at least five (5) days prior to the Proposal due date. Interpretations or clarifications
considered necessary by the City in response to such questions will be issued by an addenda mailed or
delivered to all parties listed on the official Proponent's list as having received the RFP documents. Only
questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without
legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proponent
from submitting a response to the RFP on the required date and time as publicly noted.
3. Cone of Silence: You are hereby advised that this RFP is subject to the "Cone of Silence," in accordance with
Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until the City Manager
issues his recommendation, there is a prohibition on communication with the City's profeSSional staff. The
Cone of Silence does not apply to oral communications at pre-bid conferences, oral presentations before
evaluation committees, contract discussions during any duly noticed public meeting, public presentations made
to the City Commission during any duly notice public meeting, contract negotiations with the staff following the
award of an RFP, RFQ, RFLI or bid by the City Commission, or communications in writing at any time with any
City employee, official or member of the City Commission unless specifically prohibited. A copy of all written
communications must be filed with the City Manager. Violation of these provisions by any particular proponent
shall render any RFP award, RFQ award, RFLI award, or bid award to said proponent void, and said proponent
shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for
a period of one year.
4. Proponents warrant that the prices, terms and conditions submitted will be firm for a period of 90 days from
the date of the proposal due date unless otherwise stated in the Price Proposal Form. Incomplete,
unresponsive, irresponsible, vague, or ambiguous responses to the RFP will be cause for rejection, as
determined by the City.
5. Pursuant to the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes -"a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
response to the RFP on a contract to provide any goods or services to a public entity, may not submit a
response to the RFP on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in Section 287.107, for
category two for a period of 36 months from the date of being placed on the convicted vendor list".
6. Proponents shall use the Form(s) furnished by the City. Failure to do so may cause the rejection of the
submittal. Removal of any of the response to the RFP may invalidate the submittal. Proponents shall deliver to
the City:
a) The RFP and Instructions to Proponents.
b) A copy of all issued addendum.
c) Five (5) copies of the RFP response Form completely executed.
d) Bid Security, (Bid Bond or cashier.s check) attached to the Bid Form.
e) Certificates of Competencies, State, County and City licenses.
f) Certificate of Insurance and or Letter of Insurability.
The entire Bid Package shall be placed in an opaque envelope and clearly marked with the PROPONENT'S
Murray Park Community Pool RFP
name and "SEALED BID MURRAY PARK COMMUNITY POOL."
6.1. Bids having an erasure or corrections must be initialed by the PROPONENT in ink. Bids shall be signed
in ink; all quotations shall be typewritten or printed and filled in with ink.
6.2. Guaranties: No guarantee or warranty is given or implied by the City as to the total amount that mayor
may not be purchased from any resulting Contract or Award. These quantities are for bidding purposes
only and will be used for tabulation and presentation of the Bid proposal. The City reserves the right to
reasonably increase or decrease quantities as required. The prices offered herein and the percentage
rate of discount applies to other representative items not listed in this RFP.
7. Delivery: All items shall be delivered F.O.B. destination (Le. at a specific City of South Miami address). and
delivery costs and charges (if any) will be included in the Bid Price. Exceptions shall be noted. When practical.
the City may make pick-ups at the vendors place of business.
8. Mistake: If there is a discrepancy in the unit and extended prices. the unit price(s) will prevail and the
extensions adjusted to coincide. PROPONENTS are responsible for checking their calculations. Failure to do
so will be at the PROPONENT'S risk. and errors will not release the PROPONENT from their responsibility as
noted herein.
9. Brand Names: If a brand name. make. of any "or equal" manufacturer trade name. or vendor catalog is
mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade
or quality of material only. Vendor may offer equals with appropriate identification. samples and/or
specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid as equals.
10. Material: Material(s) delivered to the City under this proposal shall remain the property of the seller until
accepted to the satisfaction of the City. In the event materials supplied to the City are found to be defective or
do not conform to specifications. the City reserves the right to return the product(s) to the seller at the
seller's expense.
I I. Pricing: Prices should be stated in units of quantity specified in the Bid Form. In case of a discrepancy. the City
reserves the right to make the final determination at the lowest net cost to the City.
12. Safety Standards: The PROPONENT warrants that the product(s) supplied to the City conform in all respects
to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Bids must
be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable.
13. Payments: Payment will be made after commodities/services have been received. accepted. and properly
invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number.
14. Liability. Insurance. Licenses & Permits: Where PROPONENTS are required to enter onto City of South
Miami property to deliver materials or to perform work or services as a result of a Bid Award. the
PROPONENT will assume the full duty. obligation. and expense of obtaining all necessary licenses. permits.
inspections. and insurance required. The PROPONENT shall be liable for any damages or loss to the City
occasioned by negligence of the PROPONENT (or its agent) or any person the PROPONENT has designated
in the completion of their contract as a result of the Bid. Contractor shall be required to furnish a certified
copy of all licenses. Certificates of Competency or other licensor requirements necessary to practice their
profession as required by Florida State Statute. Florida Building Code. Miami-Dade County or City of South
Miami Code. Contractors shall include current Miami-Dade County Certificates of Competency. These
documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to
have required licenses will be grounds for rejecting the Bid and forfeiture of the Bid Bond.
15. PROPONENT shall furnish to the City Manager. Certificate(s) of Insurance which indicate that insurance
coverage has been obtained from an insurance company authorized to do business in the State of Florida or
otherwise secured in a manner satisfactory to the City. for those coverage types and amounts listed in Article 5
of the General Conditions. in an amount equal to 100% of the requirements and shall be presented to the City
prior to issuance of any Contract(s) or Award(s) Document(s). The City of South Miami and Miami Dade
County shall be named as "additional insured" with respect to this coverage.
16. At the time of the Bid submission the PROPONENT must submit Certificates of Insurance. or evidence of
insurability in the form of a letter from PROPONENT'S insurance carriers demonstrating the ability to obtain
coverage outlined in Article 5 of the General Conditions. All required insurances shall name the City of South
Miami and Miami Dade County as additional insured.
Murray Park Community Pool RFP 2
17. All insurance shall be issued by companies rated A:7 or better per A.M. Best's Key Rating Guide, latest edition
and authorized to issue insurance in the State of Florida. It shall be the responsibility of the PROPONENT and
insurer to notify the City Manager of cancellation, lapse or material modification of any insurance policies
insuring the PROPONENT, which relate to the activities of such vendor and the City of South Miami. Such
notification shall be in writing, and shall be submitted to the City Manager thirty (30) days prior to cancellation
of such policies. This requirement shall be reflected on the Certificate of Insurance.
18. Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein
shall authorize the City Manager to implement a rescission of the Bid Award without further City Commission
action. The PROPONENT hereby holds the City harmless and agrees to indemnify City and covenants not to
sue the City by virtue of such rescission.
19. Copy rights and/or Patent Rights: PROPONENT warrants that there has been no violation of copyrights or
patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this Bid. The
seller agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation.
20. Warranty/Guarantee: Successful PROPONENT shall act as agent for the City in the follow-up and compliance
of all items under Warranty/Guarantee and complete all forms for Warranty/Guarantee coverage under this
Contract. PROPONENT warrants by signature on the Bid Form that prices quoted here are in conformity
with the latest Federal Price Guidelines.
21. Samples: Samples of items, when required, must be furnished by the PROPONENT free of charge to the City.
Each individual sample must be labeled with the PROPONENT'S name and manufacturer's brand name and
delivered by them within ten (10) calendar days of the Bid opening unless schedule indicates a different time. If
samples are requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of
the request. The City will not be responsible for returning samples.
22. Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid
prior to their delivery, it shall be the responsibility of the successful PROPONENT to notify the City at once,
indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves
the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no
further expense to the City.
23. Assignment: The CONTRACTOR shall not transfer or assign the performance required by this Bid without
prior written consent of the City Manager. Any award issued pursuant to the Invitation to Bid and monies,
which may be due hereunder, are not assignable except with prior written approval of the City Manager.
24. Award of Bids: The City of South Miami reserves the right to award the bid to the lowest, most responsive,
responsible PROPONENT, as determined by the City Commission, subject to the right of the City to reject
any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the
City to award bid and contract to PROPONENTS other than the low PROPONENT.
25. Evaluation of Bids: The City, at it's sole discretion, reserves the right to inspect any/all PROPONENT'S
facilities to determine its capability of meeting the requirements for the Contract. Also, price, responsibility
and responsiveness of the PROPONENT, the financial position, experience, staffing, equipment, materials,
references, and past history of service to the City and/or with other units of state, and/or local governments in
Florida, or comparable private entities, will be taken into consideration in the Award of the Contract.
26. Identical (Tie Bids): Shall be awarded by the City in compliance with Florida State Statutes providing for a drug
free workplace. That is, in the event of an identical Tie Bid, a preference shall be given to a business having a
drug free workplace under Florida Statute Section 287.087, as amended. Failure to provide proof of
compliance when requested shall be cause for rejection of the Bid as determined by the City.
27. Hold Harmless: All PROPONENTS shall hold the City, it's officials and employees and Miami Dade County
harmless and covenant not to sue the City, it's officials and employees in reference to its decisions to reject,
award, or not award a Bid, as applicable.
28. Cancellation: Failure on the part of the PROPONENT to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation of the Award.
29. Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for
default or convenience, the CONTRACTOR and the City department responsible for the administration of the
Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement,
Murray Park Community Pool RFP 3
then the department with the advice of the City Attorney, shall resolve the dispute and send a written copy of
its decision to the CONTRACTOR, which shall be binding on both parties.
30. Non-conformance to Contract: The City of South Miami may withhold acceptance of, or reject items which
are found upon examination, not to meet the specification requirements. Upon written notification of
rejection, items shall be removed within five (5) calendar days by the vendor at its own expense and
redelivered at its expense. Rejected goods left longer than thirty (30) calendar days will be regarded as
abandoned and the City shall have the right to dispose of them as it's own property. Rejection for non-
conformance, or failure to meet delivery schedules may result in the Contract being found in default.
30.1. Default Provision: In case of default by the PROPONENT or CONTRACTOR, the City of South Miami
may procure the articles or services from other sources and hold the PROPONENT or
CONTRACTOR responsible for any excess costs occasioned or incurred thereby.
30.2. Indemnification: The CONTACTOR shall indemnify, save harmless, and defend the City of South Miami
it's officers, agents and employees and Miami Dade County from and against any claims, demands or
causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct. or
misconduct of the CONTRACTOR, its agents, servants or employees in the provision of goods or the
performance of services pursuant to this Bid and/or from any procurement decision of the CITY
including without limitation, awarding the Contract to the CONTRACTOR.
30.3. Secondary/Other Vendors: The CITY reserves the right in the event the primary vendor cannot
provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating
the intent ofthe Contract.
30.4. Plans for Construction: The successful PROPONENT will be furnished four sets of Contract
Documents without charge. Any additional copies required will be furnished to the PROPONENT at
reproduction cost.
31. Bonding Requirements: The PROPONENT, in submitting this Bid, shall include a Bid Bond in the amount of 5%
of the total amount of the base Bid on the Bid Bond Form included herein. A company or personal check shall
not be deemed a valid Bid Security.
32. Performance and Payment Bond: The City of South Miami shall require the successful PROPONENT to furnish
a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, including Alternates
if any, with the City of South Miami as the obligee, as security for the faithful performance of the Contract and
for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds
shall be with a surety company authorized to do business in the State of Florida.
33. Bid Guarantee: The successful PROPONENT shall execute the Contract (Agreement) and provide the
required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days of
Notice of Award by the City. The PROPONENT who has the Contract awarded to him and who fails to
execute the Contract and furnish the Performance and Payment Bonds and Insurance Certificates within the
specified time shall forfeit the Bid Security that accompanied his Bid, and the Bid Security shall be retained as
liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the
City will sustain in case the PROPONENT fails to enter into the Contract and furnish the Bonds as herein
before provided. Bid Security deposited in the form of a cashier's check drawn on a local bank in good standing
shall be subject to the same requirements as a Bid Bond.
34. Pre-proposal Conference Site Visits: It is mandatory that all Proponents attend a pre-bid conference if
required, and tour all areas contained in the specifications. Proposals will not be accepted from
PROPONENTS who did not attend the pre-proposal conference. No pleas of ignorance by the PROPONENT
of conditions that exist, or that may hereinafter exist as a result of failure to make the necessary examinations
or investigations or failure to fulfill in every detail the requirements of the contract documents, will be accepted
as basis for varying the requirements of the City of South Miami or the compensation of the PROPONENT.
35. Time of Completion: The time of completion of the work to be performed under this contract is the essence
of the contract. Delays and extensions of time may be allowed only in accordance with the provisions stated in
the appropriate section of the General Conditions. The time allowed for the completion of the work shall be
as stated in the Bid Form. There shall be a $1,500 a day liquidated damages for every calendar day that the
project is not completed per the agreed upon schedule.
Murray Park Community Pool RFP 4
36. Terrorist Policy: Resolution #41-10-13075 adopted February 10, 20 10, the Mayor and City Commission of
the City of South Miami, Florida declaring that it is the policy of the City of South Miami to not do business
with any vendors doing business with Iran or Sudan or any terrorist country or group.
37. The City of South Miami will hire a consultant to operate the pool as well as advise the design/build team on
the most economical design which will benefit the City. The selected design/build team must cooperate with
the pool consultant in order to achieve the goal of the City.
38. This project in part will be federally assisted through the Miami-Dade County Department of Housing and
Community Development with HOME funds and as such bidder must comply with Presidential Executive
Order I 1246, as amended: by Executive Order I 1375: Title VII of the Civil Right Act of 1964 as amended; the
Davis Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety
Standards Act and all other applicable federal, state and local ordinance.
Note that bidder is required to pay workers on this project the minimum wages as determined in the Wage
Determination Decision included in the Bidder's package: and that the contractor must ensure that employees
are not discriminated because of race, color, religion, sex or national origin.
This project is also a Section 3 covered activity. Section 3 requires tat job training employment and contracting
opportunities be directed to low and very-low income persons or business owners who live in the project's
area.
Murray Park Community Pool RFP 5
2.0 EVALUATION AND SELECTION
2.1. EVALUATION TEAM
The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The
Evaluation Team may consult with others including City staff members, third party consultants and
references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will
give a written recommendation for the selection of a Preferred Proponent or Preferred Proponents
to the City.
2.2. EVALUATION CRITERIA
The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength
and ability to provide the Services in order to determine the Proposal which is most advantageous to
the City, using the following criteria:
(a) EXPERIENCE
The Evaluation Team will consider the Proponent's organization and proposed
project team past experience in undertaking similar construction projects in type, scope,
budget and complexity;
(b) FINANCIAL ABILITY AND RESOURCES
The Evaluation Team will consider the Proponent's organization financial ability and resources
to carry out the project;
(c) COST AND QUALITY CONTROL
The Evaluation Team will consider the Proponent's organization internal processes to
implement cost containment strategies, value engineering and high standard of quality control
for the project;
(d) SCHEDULE
The Evaluation Team will consider the Proponent's organization proposed project timeline
inclusive of mobilization, construction schedule, milestones, closeout and completion;
(e) PRICE PROPOSAL
The Evaluation Team will consider the Proponent's price proposal in terms of accuracy,
completeness, value, local market and substantiated industry standards.
The Evaluation Team will consider the Proponent's responses to attached questionnaires
and all other forms and documents being a part of this RFP.
2.3 DETAILED CRITERIA SUBMITALS:
A. CRITERIA I: RESPONDENT'S PAST EXPERIENCE ON REPRESENTATIVE PROJECTS 20 POINTS
1.1 Identify and desoibe the Construction T earn's rmt experience for providing Services that are MOST RELATED TO THIS
PROJECT within the last five (5) years. List the projects in order of priority, with the most relevant project
listed first Provide the following information for each project listed:
• Project name, location, contract delivery method, and description
• Color images (photographic or machine reproductions)
Murray Park Community Pool RFP 6
• Bid price
• Final construction cost
• Final project size in gross square feet
• Type of construction (new, renovation, or expansion)
• Actual Notice To Proceed, Substantial Completion, and Final Payment dates for Construction Services
• Name of Project Manager (indvidual responsible to the Ovvnerforthe overall success of the project)
• Name of Project Superintendent (indMduai responsible for coordinating the day to day work)
• Names of Subcontr.actors
References (for each project listed above, identify the follOwing):
• The Owner's representative who served as the day-tCKfay liaison during construction, including telephone
number
• Architect/Engineer's name and representative who served as the day-tCKfay liaison during construction, including
telephone number
• Length of business relationship with the Owner.
References shall be considered relevant based on specific project participation and experience with the respondent
The Owner may contact references during any part of this process. The Owner reserves the right to contact any
other references at any time during the RFP process.
11 Provide resumes of the Respondent's team that will be directly involved in the Project, including their experience with similar
projects, the number of years with the firm, and their dty(s) of residence. Include as applicable; Project Managers,
Superintendents, Assistant Project Managers and Superintendents, Project Scheduler, Quality Control Inspectors. Safety
Coordinator.
13 Desaibe briefly in graphical form (flowchart) the proposed Project assi~ments and lines of authority and communication for
each team member to be directly involved in the Project. Indicate the estimated percent of time these team merrbers will be
involved in the Construction Services.
B. CRITERIA 2: PROPONENT'S FINANCIAL ABILITY AND RESOURCES 10 POINTS
2.1 provide the following information on your firm for the past three (3) fiscal years:
Volume
• Annual number, value and percent change of contracts in Florida per year;
• Annual number, value and percent change of contracts nationally per year,
Revenues
Annual revenue totals and Bonding percent change per year
• Total bonding capacity;
• Available bonding capacity and current backlog.
2.2 A Cashier's Check or Certified Check payable without recourse to the City of South Miami or an
acceptable Surety Proposal Bond, in an amount not less than five percent (5%) of the largest possible total
bid, including consideration of alternates, must accompany each bid as a guarantee that, if awarded the
contract, the proponent will prompdy enter into a contract and execute bonds in the forms
provided as outlined in the RFP. A Performance Bond in the amount of one hundred percent
(100%) of the contract price including alternates if any will be required for this project
23 Provide details of any past or pending liti~tion, or claims filed, against your firm that may affect your performance under a
Contract with the Ovvner.
2.4 Identify if your firm is currently in default on any loan agreement or financing agreement with any
bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects
for resolution.
2.5 Does any relationship exist by relative, business associate, capital funding agreement, or any other
Murray Park Community Pool RFP 7
such kinship between your firm and any Owner employee, officer or Regent? If so, please explain.
2.6 Provide proponent's most recent financial statement.
C. CRITERIA 3: PROPONENT'S COST AND QUALITY CONTROL PROGRAM FOR THIS
PROJECT 10 POINTS
3.1 Describe your quality control program. Explain the methods used to ensure quality control during
the Construction phase of a project. Provide specific examples of how these techniques or
procedures were used in one of the company's past project and how it will be used in this project.
3.2 Describe how your quality control team will measure the quality of construction and commissioning
performed by trade Subcontractors as required by Owner Specification and how you will address
nonconforming work.
3.3 Describe how you maintain cost control of the construction budget and prevent creep such as
documents and site conflicts, changes and delays.
3.4 Provide examples of records, reports, monitoring, and information management you will use on this
Project.
3.5 Describe your approach to coordinating construction inspections and approvals such as building
trades (Building Department),Fire and Environmental Department.
D. CRITERIA 4: PROPONENT'S SCHEDULE AND ABILITY TO COMPLETE THE PROJECT ON TIME 10
POINTS
4.1 Provide a detailed schedule of the project beginning with Mobilization and ending with Close-out
ICertificate of Occupancy. Schedule shall clearly identify milestones and critical stages along with
projected personnel and subs allocated to achieve these goals considering all existing business
commitment.
4.2 Provide on a separate sheet a list of a minimum of 3 projects similar or larger to include: the project
titles, original contract time, and change order time extensions for these three specific completed
projects. Proponent shall document that it achieved substantial completion of these previous
projects of similar size and scope within no more than 105% of the final contracted time for
completion (including change order adjustments).
E. CRITERIA 5: RESPONDENT'S PRICING AND DELIVERY PROPOSAL 50 POINTS
5.1 Complete the "Pricing Proposal Form" included with the RFP Documents.
The Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may
consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation
Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one
Proponent's Proposal to another Proponent's Proposal. All criteria considered will be applied evenly and
fairly to all Proposals.
2.4 DISCREPANCIES IN PROPONENT'S FINANCIAL PROPOSAL
If there are any obvious discrepancies, errors or omissions in the Price Proposal (Proponent's
Financial Proposal), then the City shall be entitled to make obvious corrections, but only if, and to the
extent, the corrections are apparent from the Proposal as submitted, and in particular:
(a) if there is a discrepancy between a unit price and the extended total, then the unit prices shall be
deemed to be correct. and corresponding corrections will be made to the extended totals;
(b) if a unit price has been given but the corresponding extended total has been omitted, then the
extended total will be calculated from the unit price and the estimated quantity;
Murray Park Community Pool RFP 8
(c) if an extended total has been given but the corresponding unit price has been omitted, then the unit
price will be calculated from the extended total and the estimated quantity.
2.5 LITIGATION
In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a Proposal if
the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged
directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or
employees in relation to any matter.
In determining whether or not to reject a Proposal under this section, the City will consider whether the
litigation is likely to affect the Proponent's ability to work with the City, its consultants and representatives
and whether the City's experience with the Proponent indicates that there is a risk the City will incur
increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent.
2.6 ADDITIONAL INFORMATION
The Evaluation Team may, at its discretion, request clarifications or additional information from a
Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only
selected Proponents. The Evaluation Team may consider such clarifications or additional information in
evaluating a Proposal.
2.7 INTERVIEWS
The Evaluation Team may, at its discretion, invite some or all of the Proponents to appear before the
Evaluation Team to provide clarifications of their Proposals. In such event, the Evaluation Team will be
entitled to consider the answers received in evaluating Proposals.
2.8 NEGOTIATION OF CONTRACT AND AWARD
If the City selects a Preferred Proponent or Preferred Proponents, then it may:
(a) enter into a Contract with the Preferred Proponent(s); or
(b) enter into discussions with the Preferred Proponent(s) to clarify any outstanding issues and
attempt to finalize the terms of the Contract(s), including financial terms. If discussions are
successful, the City and the Preferred Proponent(s) will negotiate and finalize the Contract(s); or
(c) if at any time the City reasonably forms the opinion that a mutually acceptable agreement is not
likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to
terminate discussions, in which event the City may then either open discussions with another
Proponent or terminate this RFP and retain or obtain the Services in some other manner.
The City is under no obligation to accept any Proposal submitted. The City reserves the right in its sole
discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal deemed most
favorable in the interest of the City, or cancel the competition at any time without award. Thereafter, the
City may issue a new Invitation I Request, sole source or do nothing.
Murray Park Community Pool RFP 9
3.0 GENERAL CONDITIONS
3.1 NO CITY OBLIGATION
This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to
proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete
right to at any time reject all Proposals, and to terminate this RFP process.
3.2 PROPONENTS' EXPENSES
Proponents are solely responsible for their own expenses in preparing, and submitting Proposals, and for
any meetings, negotiations or discussions with the City or its representatives and consultants, relating to
or arising from this RFP. The City and its representatives, agents, consultants and advisors will not be
liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of
anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and
submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising
out of this RFP.
3.3 NO CONTRACT
By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly
agree that no contract of any kind is formed under, or arises from, this RFP, prior to the signing of a formal
written Contract.
3.4 CONFLICT OF INTEREST
Proponents shall disclose any potential conflicts of interest and existing business relationships they may
have with the City. If requested by the City, Proponents should provide all pertinent information regarding
ownership of their company within forty-eight (48) hours of the City's request.
3.5 SOLICITATION OF COMMISSION MEMBERS
Proponents and their agents will not contact any member of the City Commission or City staff with
respect to this RFP at any time prior to the award of a contract or the termination of this RFP, and the
City may reject the Proposal of any Proponent that makes any such contact.
3.6 CONFIDENTIALITY
All submissions become the property of the City and will not be returned to the Proponent. The City will
hold all submissions in confidence unless otherwise required by law. Proponents should be aware the City
is a "public body" defined by and subject to the Freedom of Information and Proteaion of Privacy Aa of the
State of Florida.
4.0 SCOPE OF SERVICES
The City of South Miami is issuing this Request for Proposals (RFP) for a proponent to plan and manage the
redevelopment of its Murray Park Community Pool in South Miami, Florida. The selected proponent will have
exclusive rights to develop the Murray Park Community Pool. The City intends to finance the design and
construction of the complex through a grant provided by Miami-Dade County and if needed, funds from
other grant sources, or other funding sources approved by the City. The selected team will be responsible
for managing the planning, design and construction of the Community Pool, subject to the City's approval.
Murray Park Community Pool RFP 10
5.0 OVERVIEW
Murray Park Community Pool
Murray Park, located in South Miami, near Sunset Drive, is approximately a 4.32 acre community park which
currently contains the South Miami Community Center, playing fields, and basketball courts. Murray Park,
originally designated by the City, is an important community asset, but is underutilized, given its location,
facilities, and open space.
The City of South Miami is recognized as one of Miami-Dade County's most family friendly communities.
However, the City lacks a pool and/or aquatics facility, and for 40 years has sought to develop a pool
complex to round out its inventory of high-quality community assets.
The City, through previous planning efforts, has designated Murray Park as the preferred location for a new
pool/aquatic complex. The City's objectives in developing a new pool/aquatic complex at Murray Park are to:
I. Provide swimming and recreation opportunities to the surrounding neighborhood and the entire
South Miami community for residents and homeowners who do not have a pool or access to
swimming and recreation facilities;
2. Improve Murray Park, and by providing new facilities at the Park, round out its development as a
mixed-use recreation, arts and community facility;
3. Simultaneously improve the appearance, function and circulation of the streets adjacent to the
park;
4. Support the continuing development of the Murray Park neighborhood, and improve property
values of the homes surrounding the park;
5. Provide a high-quality recreation, education, cultural and performance venue available to the
residents of South Miami; and
6. City desires a facility it can afford to build and operate. Recognizing that no pool is a break-even
facility, the City seeks a design that will be a revenue generating source through rentals that will
not conflict excessively with normal daytime uses.
1.1 Project location
Murray Park is located at 5800 SW 66th St, in the City of South Miami. The pool site is located at the
Southwest corner of the park. Optionally, either or both of the basketball courts may be relocated north of
the internal sidewalk.
2.1 Design program
2.1.1. Character of the Pool
The City desires to design and construct a new pool/aquatic center at the park. The principle functions of the
Murray Park Community Pool are to provide a place where all children can learn to swim and a family
oriented swimming facility to service the entire City of South Miami. The Community Pool should also be a
delightful place where children can play and adults can exercise and enjoy beautiful surroundings, a garden in
the city. The pool should become a valued asset of the city, as the Venetian pool is for the City of Coral
Gables, which will be used and loved by all South Miami residents. In overall appearance, and performance,
the City prefers a pool facility that may include lap lanes, but need not be a conventional rectangular pool.
Instead, the City prefers a design that includes a lush, shady, tropical landscape.
Murray Park Community Pool RFP II
Program Details
At a minimum. the primary design program should include the following elements:
• Swim lessons
• Exercise -lap swimming. elder therapeutic exercise. water aerobics. swim team practice
• Family recreation & relaxation (facility should serve all ages)
• Water safety
Options for additional service and recovery of operating costs -we expect the design team will provide
design and cost/revenue estimates on the utility of options for cost recovery that may include:
• Evening party rentals
• Competitive swim meets
• A concession selling healthy snacks. Concession could also serve people using community center
facilities and walk-in customers from the neighborhood. Therefore the stand may have so the hard
edges of the city disappear.
• A shaded area with lounge chairs and picniclcafetables. with a clear view of the pool.
• Lifeguard station. with outside lifeguard stand.
Sustainable features are paramount.
• The design will be as energy efficient as possible with the goal of LEED certification.
• Fans & cross-ventilation in bathrooms and changing areas.
• Showers and pool heating must be done with passive solar heating.
• Option for present or future power supplement with photovoltaic panels must be included in the
design.
• Permeable paving wherever possible to allow water table recharge.
• Rainwater collection to supply toilets.
• Alternative to heavy chlorination: consider metal ion treatment, salt water. filtration. etc.
• Bicycle parking.
• Shade the surrounding sidewalks with trees.
Additional structure(s)
• Entry control building
• Lifeguard station
• Changing I showers I bathrooms I locker system
• EqUipment storage. pool filtration
Murray Park Community Pool RFP 12
• The project will require consideration of drainage/sanitation system and limits of existing capabilities.
3.0 SERVICES REQUIRED OF THE PROPONENT
The selected proponent (the Team) will, under the City's direction, lead the planning, design, and
construction of the Murray Park Community Pool. As such, the Team must, at a minimum, contain
architecture, and engineering expertise as well as construction experts. The specific scope of services for the
project is as follows.
3.1 Phase 1-Complete Project Development Plan and Cost Estimate.
In Phase I of the Project, the Team will manage the completion and approval of a concept design, cost
estimate, operating budget, and financing plan for the Recreation Complex redevelopment. The specific task
items under Phase I include:
3.1.1 Identify and establish the design program, planning, and development issues and priorities.
Produce and manage a process for public input, review, and comment, which shall be
reflected in the final plan and design. The Team will be responsible for reaching consensus
on the design, cost and operation of the facility.
3.1.2 Complete a concept physical design.
3.1.3 Complete a concept cost estimate.
3.1.4 Complete a project pro forma, specifically enumerating the project's long term operating
costs.
3.1.5 If additional funding is required, identify and secure preliminary commitments for grants,
and other potential funding sources, and ownership structure(s) that may benefit the City.
The City's objective is to have all of the due diligence on the cost and potential financing
options (if required) completed in Phase I, allowing the City to consider its options and
proceed to Phase II, iffeasible.
3.1.6 Produce a final report detailing the deSign, cost, operating financial pro forma, financial
structure and ownership structure for the project.
3.1.7 Submit the project final report to the City, make presentations as required, and manage the
process to obtain any public approvals to move the project forward.
The City anticipates that Phase I will take approximately six months. This phase will require the Team to
conduct monthly meetings/conference calls and prepare monthly status reports. If, and only if, the City
approves the development plan, design, financing and operating structure for the project (in its sole
discretion), the Team will be authorized to move forward with Phase II of the Project.
4.1 Phase II -Complete Project Funding, Design and Construction
In Phase II of the Project, the Team will manage the securing of funding, and complete the design and
construction of the Recreation Complex. The specific task items under Phase II include:
4.1.1 Assist the City with completion and securing project funding, managing the execution of
contracts, fund transfers, and establishment of project funding accounts, under the
direction and approval of the City.
4.1.2 Schematic Design -The Team will prepare schematic designs of the pool complex and
associated park improvements for the Project. Upon approval of the schematic design
by the City, the Team will prepare design development drawings.
Murray Park Community Pool RFP 13
4.1.3 Design Development Drawings -The Team will prepare design development drawings of
the pool complex and associated park improvements for the Project. Upon approval of
the design development drawings by the City, the Team will prepare the construction
drawings.
4.1.4 Construction Drawings -The Team will prepare the final construction drawings for City
approval. The Proponent will prepare a Gross Maximum Price for the Project when the
construction drawings are 75 percent to 80 percent complete.
4.1.5 Upon approval of the Construction Drawings, the Team will manage and complete the
construction of the Project.
5.1 Anticipated Contract Structure
Upon selection as the preferred proponent for the Project, the Team and the City will enter into
negotiations to complete and execute a two-part Design Services Agreement. It is the City's intent to
enter into a contract with the selected Proponent, assuming terms can be agreed upon, structured to
follow the proposed scope of services described above.
The DSA will detail the services, deliverables, and fees payable under Phase I of the contract. The
Team will provide the services described above, and deliver its final development report to the City at
the conclusion of Phase I. If, and only if, the Team can provide a design, cost, financing structure and
operating structure that is approved by the City, will the contract continue into Phase II.
The City will provide a draft of the initial DSA upon the selection of the preferred Team, which may
or may not be based on the American Institute of Architects (AlA) Design Services Contract standard
form.
6.1 MANDATORY SUBMISSION REQUIREMENTS
The following submission requirements are intended to provide the Evaluation team with information
concerning each member of each of the Respondents' Teams. All materials submitted shall become
the property of the City of South Miami. Proposals must be concise and clear. Unnecessarily
elaborate representations beyond that sufficient to present a complete and effective proposal are not
desired. To assist the Evaluation team in its evaluation of development proposals, Respondents'
proposals are to be presented in the following format:
6.1.1 Cover Letter
The cover letter, duly signed by a principal of the responding entity with the corporate seal
impressed (if applicable), certifies that the proponent acknowledges, understands, and agrees to
be bound by the conditions set forth in the proposal.
6.1.2 Introduction of the Proponent (The Team):
The respondents shall identify:
• Each firm comprising the Proponent and its area of expertise;
• Firm Names and Principals managing the project for each firm and;
• Biographies of the principals assigned to the project from each firm/team member.
6.1.3. Organization Structure of the Proponent
Detail on one page the Management Structure of the Proponent, identifying the managing firm,
and how tem members will report to the managing member or other members of the Team.
6.1.4. Comparable Experience
Respondents must highlight comparable projects where they have programmed, designed,
constructed and/or developed a project for use by the public sector, and comparable downtown
Murray Park Community Pool RFP 14
and/or urban redevelopment projects. Projects involving pools, recreation, public facilities, and
involving public/private financing of said projects, should be emphasized. For each project provide
the following:
• Project name
• Date of completion
• On time performance
• Project location
• Project description
• Project size in square feet and cost
• Proponent members involved
• Specific services provided (programming, site evaluation, approvals/permitting, design,
development)
• Any litigation of project
• References (provide address and phone number)
6.1.5 Concept Project Design and Park Improvements
Respondents will provide an initial concept design for the Project detailing the following elements:
• A site plan showing the proposed location of the pool and other improvements to Murray
Park recommended by the Proponent;
• A maximum of three (3) elevations and a rendering showing Murray Park and the
improvements suggested by the Proponent.
• An order of magnitude cost estimate for Park improvements included in the concept design
proposed by the Proponent.
7.0 SCOPE OF WORK
The Contractor shall perform the complete work described herein or reasonably inferable there from,
including all demolition and construction services, supervision, administration services, coordination of all
Subcontractors, tests, inspections, and other items that are necessary to and appropriate for the finishing,
equipping and functioning of the facilities and structures, together with all additional, collateral and
incidental work and services required for the completion of the work.
The Contractor shall furnish and assume full responsibility for everything required for the orderly progress
and proper execution and completion of the Work, whether temporary or permanent and whether or not
incorporated into the Work including, but not limited to, materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary
facilities, temporary facilities, utilities and all other facilities and incidentals.
END OF SECTION
Murray Park Community Pool RFP 15
PRICE PROPOSAL FORM
THIS PRICE PROPOSAL IS SUBMITTED TO:
Maria M. Menendez
City Clerk Office
City Hall
6130 Sunset Drive
South Miami, Florida 33143
Murray Park Community Pool
I. The undersigned PROPONENT proposes and agrees, if this Price Proposal is accepted, to enter into an
agreement with the City of South Miami in the form included in the Contract Documents to perform and
furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the
Contract Time indicated in this Price Proposal and in accordance with the other terms and conditions of
the Contract Documents. In addition to the work specified or indicated in the Contract Documents as
prepared are due by Consultant.
2. PROPONENT accepts all of the terms and conditions of the Advertisement or RFP and Instructions to
Proponents, including without limitation those dealing with the disposition of Bid (Price Proposal) Security.
This Price Proposal will remain subject to acceptance for ninety (90) days after the day of the Bid opening.
PROPONENT agrees to sign and submit the Agreement with the Bonds and other documents required by
the RFP requirements within ten (10) calendar days after the date of the City's Notice of Award.
3. In submitting this Price Proposal, PROPONENT represents, as more fully set forth in the Agreement, that:
a. PROPONENT has examined copies of all the RFP Documents and the following Addenda (receipt
of all which is hereby acknowledged.)
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
b. PROPONENT has familiarized himself with the nature and extent of the contract documents,
work, site, locality, and all local conditions and laws and regulations that in any manner may affect
cost, progress, performance or furnishing of the Work.
c. PROPONENT has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions.
d. PROPONENT has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in addition
to or to supplement those referred to in (c) above which pertain to the subsurface or physical
conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the
Work at the Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents, and no additional examinations, investigations,
explorations, tests, reports or similar information or data are, or will be required, by
PROPONENT for such purposes.
Murray Park Community Pool RFP 16
e. PROPONENT has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site
and assumes responsibility for the accurate location of all Underground Facilities. No additional
examinations, investigations, explorations, tests, reports or similar information or data in respect
to said Underground Facilities are, or will be required, by PROPONENT in order to perform and
furnish the Work at the Contract Price, within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents.
f. PROPONENT has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
g. PROPONENT has given by 10:00 a.m., Friday, September 3, 20 I 0 written notice of all conflicts,
errors, discrepancies that it has discovered in the Contract Documents and the written resolution
thereof by Consultant is acceptable to PROPONENT.
h. This RFP is genuine and not made in the interest of or on behalf of any undisclosed person, firm
or corporation and is not submitted in conformity with any agreement or rules of any group,
association, organization, or corporation; PROPONENT has not directly or indirectly induced or
solicited any other PROPONENT to submit a false or sham RFP; PROPONENT has not solicited
or induced any person, firm or corporation to refrain from responding to RFP; and PROPONENT
has not sought by collusion to obtain for itself any advantage over any other PROPONENT or
over the CITY.
4. PROPONENT understands and agrees that the Contract Price is the lump sum to furnish and install all of
the Work complete in place. A Schedule of Values must be provided with the 13 division break-down as
well a cost breakdown of the design phase and contingency. This information needs to be provided for the
purpose of Evaluation and when initiated by the CITY, the pricing of change orders. Contractor's price will
not be adjusted to reflect any deviation from the Schedule of Values, except to the extent that the CITY
changes the scope of the Project after the Contract Date.
As such, the Contractor shall furnish all labor, materials, equipment, tools, superintendence and services
necessary to provide a complete, in place Project for the Proposed Price of:
Design:
Construction:
LUMP SUM PRICE:
dollars and cents $
Alternates: #1 #5
#2 #6
#3 #7
#4 #8
5. The ENTIRE WORK shall be completed, in full, within one hundred and eighty (180) calendar days from
the date stipulated in the NOTICE TO PROCEED.
Murray Park Community Pool RFP 17
Failure to complete the entire work during the described time period shall result in the assessment of
liquidated damages as indicated in Paragraph 6 of the Agreement.
6. Communications concerning this Bid shall be addressed to:
PROPONENT: ------------------------------------------------------------------
Address: ---------------------------------------------------------------
Telephone: ---------------------------------------------------------------
Facsimile: ---------------------------------------------------------------
Attention: ---------------------------------------------------------------
7. The terms used in this RFP which are defined in the General Conditions of the Construction Contract
included as part of the Contract Documents have the meanings assigned to them in the General
Conditions.
SUBMITTED THIS DAY OF 2010.
BID SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit Bid Fax Number
Signature Email Address
Title
Murray Park Community Pool RFP 18
BID BOND
Murray Park Community Pool
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
KNOW ALL MEN BY THESE PRESENTS, that we, ________________ _
_______________ , as Principal, and ___________________ _
___________ " as Surety, are held and firmly bound unto the City of South Miami, a municipal
corporation of the State of Florida in the sum of Dollars
($ ), lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the
accompanying Bid, dated , 20 I 0 for the Murray Park Community Pool.
WHEREAS, it was a condition precedent to the submission of said Bid that a Bid Bond in the amount of five percent
(5%) of the Base Bid be submitted with said Bid as a guarantee that the PROPONENT would, if awarded the
Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10)
consecutive calendar days after written Notice of Award.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive
calendar days after written Notice of Award, enters into a written Contract with the City of South Miami and
furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred
percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall
be void; otherwise the sum herein stated shall be due and payable to the City of South Miami and the Surety herein
agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of
America, as liquidated damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this
_____ day of , 20 I 0, the name and the corporate seal of each corporate party
being hereto affixed and these presents being duly signed by its undersigned representative.
IN PRESENCE OF:
(Seal)
(Individual or Partnership Principal)
(Business Address)
(City/State/Zip)
Murray Park Community Pool RFP 19
(Business Phone)
ATTEST:
Secretary (Corporate Surety)*
By: -------------------------------------
*Impress Corporate Surety Seal
IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most
current list (circular 570 as amended) and be authorized to transact business in the State
of Florida.
Murray Park Community Pool RFP 20
PROPONENT QUALIFICATION STATEMENT
Murray Park Community Pool
The PROPONENT response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation
and Contractor selection.
I. Number of similar construction and/or design/build projects completed,
a) In the past 5 years
On Schedule
b) In the past 10 years
On Schedule
2. List the last three (3) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Murray Park Community Pool RFP 21
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
c) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
3. Current workload
Murray Park Community Pool RFP 22
Project Name Owner Name Telephone Number Contract Price
4. The following information shall be provided for this project:
a) Estimated total demolition man-hours
b) Percent man-hours to be performed by Contractor's permanent staff
c) Permanent man-hours to be performed by direct hired employees for
this project
d) Percent man-hours to be performed by Subcontractors
5. The following information shall be attached to the proposal:
a) Contractor's home office organization chart.
b) Contractor's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site
Superintendent.
6. List and describe any:
a) Bankruptcy petitions filed by or against the PROPONENT or any
predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
c) Suspension of contracts or debarring from Bidding by any public agency
brought against the PROPONENT in the last five (5) years.
Murray Park Community Pool RFP 23
7. Government References:
List other Government Agencies or Quasi-government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Murray Park Community Pool RFP 24
Murray Park Community Pool
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction of repair of a public building or public work, may not submit bids on leases or real
property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Subcontractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the
date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provIsions of Chapter I 12, Florida State Statutes.
PROPONENTS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is
also an officer or employee of the City of South Miami or it's agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I.
This sworn statement is submitted to
[print name of the public entity]
by:
[print individual's name and title]
for: ---------------------------------------------------------------------
[print name of entity submitting sworn statement]
whose business address is:
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has
no FEIN, include the Social Security Number of the individual signing this sworn statement:
-----------------.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to , any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft. bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
Murray Park Community Pool RFP 25
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 (I )(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
__ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I,
1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. (attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this
[signature]
day of ,2010. -------------------------------------
Personally known -----------------------
OR Produced Identification ----------------
(Type of identification)
Form PUR 7068 (Rev.06/1 1/92)
Murray Park Community Pool RFP 26
Notary Public -State of ----------------------
My commission expires ---------------------
(Printed, typed or stamped commissioned name of
notary public)
DRUG FREE WORKPLACE
Murray Park Community Pool
Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or
by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a
business that certifies that it has implemented a drug-free workplace program shall be given preference in the award
process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free
workplace program. In order to have a drug-free workplace program, a business shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (I).
4) In the statement specified in Subsection (I), notify the employees, that. as a condition of working
on the commodities or contractual services that are under Bid, the employer will abide by the
terms of the statement and will notify the employee of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
PROPONENT Signature:
Print Name:
Date: -----------------------------------------------------
Murray Park Community Pool RFP 27
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
Murray Park Community Pool
TO THE CITY OF SOUTH MIAMI
We, , (Name of Contractor), hereby acknowledge and agree that as
Contractors for the Murray Park Community Pool, as specified have the sole responsibility for compliance with all
the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and
health regulations, and agree to indemnify and hold harmless the City of South Miami and Consultant, against any
and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names):
to comply with such act or regulation.
CONTRACTOR
Witness
BY:
Name
Title
Murray Park Community Pool RFP 28
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
Murray Park Community Pool
PROPONENT shall list all Proposed Subcontractors to be used on this project.
Classification of Work Subcontractor Name Address Telephone, Fax &
Email
Landscape
Sodding and Turf Work
Electrical
Irrigation
Paving
Park Amenities
Graphics
Utilities
Excavation
Building
Structures
Plumbing
Painting
Testing Laboratory
Soil Fumigator
Signs
Other:
This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible proponent
within five (5) calendar days after Notice of Award.
Murray Park Community Pool RFP 29
NOTICE OF AWARD
Murray Park Community Pool
TO:
PROJECT DESCRIPTION: Murray Park Community Pool, in accordance with the requirements of the RFP
Contract Documents as prepared and submitted by proponent by 10:00 a.m., Friday, September 3, 20 I 0, prime
consultant and the City has considered the Proposal submitted by you for the above described Work in response
to its advertised RFP and Instructions to PROPONENTS.
You are hereby notified that your Proposal has been accepted for the Murray Park Community Pool, in the lump
sum amount of $ , broken down as follows:
Base Bid: --------------------------
Alternate # I: --------------------------
Alternate #2: --------------------------
Alternate #3: --------------------------
Alternate #4: --------------------------
Alternate #5: --------------------------
Alternate #6: --------------------------
Alternate #7: --------------------------
Total of Award:
You are required by the Instructions to PROPONENTS to execute the Agreement and furnish the required
CONTRACTOR'S Performance Bond, Payment Bond and Certificates of Insurance within ten (10) days from the
date of this Notice to you.
If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this notice, said
CITY shall be entitled to disqualify your Proposal, revoke the award and retain the Bid Security.
BY:
Buford Randy Witt
ACTING CITY MANAGER
Dated this day of , 20 I 0
-------------------------
1.1 I. ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
this the day of ,2010
-----------------------------
BY:
TITLE:
--~~----------~--~--~--~~~~~ You are required to return an acknowledged copy of this Notice of Award to the City Manager.
Murray Park Community Pool RFP 30
AGREEMENT
Murray Park Community Pool
THIS AGREEMENT, made and entered into on this ____ day of , 20 I 0, by and
between Party of the First Part, and the City of
South Miami, Party of the Second Part:
WITNESSETH:
That, the First Party, for the consideration hereinafter fully set out, hereby agrees with the Second Party as follows:
I. That the First Party shall furnish all the materials, and perform all of the Work in manner and form as
provided by the RFP, Instructions to Proponents and proposal documents.
2. That the First Party shall commence the Work to be performed under this Agreement on a date to be
specified in a written order of the Second Party and shall complete all Work hereunder within the length
of time stipulated in the RFP.
3. That the Second Party hereby agrees to pay to the First Party for the faithful performance of this
Agreement, subject to additions and deductions as provided in the Price Proposal Form, in lawful money of
the United States, the amount of:
Written Dollar Amount
Dollars ($ _______________ ), Lump Sum
4. That the Second party shall make monthly partial payments to the First Party on the basis of a duly
certified and approved estimate of Work performed during each calendar month by the First Party, less
the retain age provided in the General Conditions, which is to be withheld by the Second Party until
completion and acceptance of the complete project in accordance with this Agreement and until such
Work has been accepted by the Second Party.
5. That upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls,
materials bills, and other costs incurred by the First Party in connection with the construction of the Work
have been paid in full, final payment on account of this Agreement shall be made within sixty (60) days after
the completion by the First Party of all Work covered by this Agreement and the acceptance of such
Work by the Second Party.
6. In the event that the Contractor shall fail to complete the Work within the time limit stipulated on the
Price Proposal Form in #5, or the extended time limit agreed upon, as more particularly set forth in the
Contract Documents, liquidated damages shall be paid at the rate of One Thousand and 00/100
Dollars ($1,500.00) per day, plus any monies paid by the City to a Consultant related to the delay of
this project.
7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this
Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Second
Party shall deem the Surety or Sureties upon such bond to be unsatisfactory, or if, for any reason such
bond ceases to be adequate to cover the performance of the Work, the First Party shall, at its expense
within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional bond
or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second
Party. In such event, no further payment to the First Party shall be deemed to be due under this
Agreement until such new or additional security for the faithful performance of the Work is furnished in
manner and form satisfactory to the Second Party.
8. No additional Work or extras shall be done unless the same is duly authorized by appropriate action by
the Party of the Second Part.
9. The Contractor agrees that it will abide by the requirements of the Federal Labor Standards
Provisions as described in Form HUD 4010 issued by the U.S. Department of Housing and Urban
Development and those requirements contained in General Wage Decision Number FL 100267
Murray Park Community Pool RFP 31
06/04120 I 0 for the entire project duration.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written,
in five (5) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an
original Contract.
WITNESSES:
AUTHENTICATION:
Signatur
e:
Maria M. Menendez
City Clerk
Murray Park Community Pool RFP
CONTRACTOR:
Signature:
Name:
Title:
OWNER: CITY OF SOUTH MIAMI
Signature:
32
Buford Randy Witt
Acting City Manager
FORM OF PERFORMANCE BOND
Murray Park Community Pool
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we, ______________ _
_____________ as Principal, hereinafter call Contractor, and ____________ _
______________ -', as Surety, are bound to the City of South Miami, as Obligee, hereinafter
called City in the amount of _________________ _
Dollars ($ ________ -') for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract, for the Murray Park
Community Pool, awarded the ___________ day of _________ , 20 I 0, with the
City for ________________ in accordance with drawings (plans) and specifications prepared
by Consultant which Contract is by reference made a part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that the Contract:
I. Fully performs the Contract between the Contractor and the City for the Murray Park Community Pool,
within one hundred and eighty (180) calendar days after the date of Contract commencement as
specified in the Notice to Proceed and in the manner prescribed in the Contract; and
2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay
and other consequential damages caused by or arising out of the acts, omissions or negligence of
Contractor), expenses. costs and attorney's fees including attorney's fees incurred in appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
3. Upon notification by the City. correct any and all defective or faulty Work or materials which appear
within one and one-half (I Y2) years, and
4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in
the Contract, then this Bond is void, otherwise it remains in full force.
Whenever Contractor shall be, and declared by the City to be, in default under the Contract, the City
having performed obligations thereunder, the Surety may promptly remedy the default, of shall promptly
remedy the default, or shall promptly:
4.1 Complete the Contract in accordance with its terms and conditions; or
4.2 Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and
upon determination by Surety of the best, lowest, qualified, responsible and responsive
PROPONENT, or, if the City elects, upon determination by the City, and Surety jointly of the
best, lowest, qualified, responsible and responsive PROPONENT, arrange for a Contract between
such PROPONENT and City, and make available as Work progress (even though there should be
a default or a succession of defaults under the Contract or Contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof.
The term "balance of the Contract Price" as used in this paragraph, shall mean the total amount
payable by City to Contractor under the Contract and any amendments thereto, less the amount
properly paid by the City to the Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City
named herein.
Murray Park Community Pool RFP 33
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any informalities connected with the Contract or the changes do not affect the
Surety's obligation under this Bond.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this
_____ day of , 20 10, the name and the corporate seal of each corporate party
being hereto affixed and these presents being duly signed by its undersigned representative.
IN PRESENCE OF:
(SEAL) (Individual or Partnership Principal)
(Business Address)
(City/State/Zip)
(Business Phone)
ATTEST:
Secretary (Corporate Surety)*
By:
IN THE PRESENCE OF: INSURANCE COMPANY:
BY:
Agent and Attorney-in-fact Signature
(Business Address)
(City/State/Zi p)
(Business Phone)
*Power of Attorney must be attached.
Murray Park Community Pool RFP 34
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this, the ____ day of ________ " 20 I 0, before me, the undersigned notary public of the State
of Florida, the foregoing instrument
(Title), of
was
(Name of
acknowledged
Corporate
by
Officer),
(Name of
Corporation), a __________ (State of Corporation) corporation, on behalf of the corporation.
WITNESS my hand and official
seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
Murray Park Community Pool RFP 35
Notary Public, State of Florida
(Name of Notary Public: Print, Stamp or type as
commissioned.)
---
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
FORM OF PAYMENT BOND
Murray Park Community Pool
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we, ______________ _
_____________ as Principal, hereinafter call Contractor, and _____________ _
_______________ , as Surety, are bound to the City of South Miami, as Obligee, hereinafter
called City in the amount of _________________ _
Dollars ($ _________ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract, for the Murray
Park Community Pool, awarded the day of ________ ,' 20 I 0, with the City for
________________ in accordance with the requirements of this RFP prepared by Consultant
which Contract is by reference made a part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that the Contract:
I. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay
and other consequential damages caused by or arising out of the acts, omissions or negligence of
Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 225.05( I) supplying Contractor
with all labor, materials and supplies used directly or indirectly by Contractor in the prosecution of the
Work provided for in the Contract, then this obligation shall be void; otherwise, it shall remain in full force
and effect subject, however, to the following conditions:
2.1 A claimant, except a laborer, who is not in privity with the Contractor and who has not received
payment for their labor, materials, or supplies shall, within forty-five (45) days after beginning to
furnish labor, materials, or supplies for the prosecution of the Work, furnish to the Contractor a
notice that they intend to look to the Bond for protection.
2.2 A claimant who is not in privity with the Contractor and who has not received payment for their
labor, materials, or supplies shall, within ninety (90) days after performance of the labor, or after
complete delivery of the materials or supplies, deliver to the Contractor and to the Surety,
written notice of the performance of the labor or delivery of the materials or supplies and of the
non-payment.
2.3 No action for the labor, materials, or supplies may be instituted against Contractor or the Surety
unless the notices stated under the preceding paragraphs 2.1 and 2.2 have been given.
2.4 Any action under this Bond must instituted in accordance with the Notice and Time Limitations
provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any informalities connected with the Contract or the changes do not affect the
Surety's obligation under this Bond.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this
______ day of , 20 I 0, the name and the corporate seal of each corporate party
being hereto affixed and these presents being duly signed by its undersigned representative.
Murray Park Community Pool RFP 36
IN PRESENCE OF:
(SEAL) (Individual or Partnership Principal)
(Business Address)
(City/State/Zip)
(Business Phone)
ATTEST:
Secretary (Corporate Surety)*
By:
IN THE PRESENCE OF: INSURANCE COMPANY:
BY:
Agent and Attorney-in-fact Signature
(Business Address)
(City/State/Zip)
(BuSiness Phone)
*Power of Attorney must be attached.
Murray Park Community Pool RFP 37
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this. the ____ day of ________ • 20 I O. before me. the undersigned notary public of the State
of Florida. the foregoing instrument
(Title). of
was
(Name of
acknowledged
Corporate
by
Officer).
(Name of
Corporation). a __________ (State of Corporation) corporation. on behalf of the corporation.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
Murray Park Community Pool RFP 38
Notary Public. State of Florida
(Name of Notary Public: Print, Stamp or type as
commissioned.)
Personally known to me. or
Personal identification:
Type of Identification Produced
Did take an oath. or
Did Not take an oath.
NOTICE TO PROCEED
Murray Park Community Pool
TO: DATE:
PROJECT DESCRIPTION: Murray Park Community Pool. in accordance with Plans and Contract Documents as
prepared by Consultant, the prime consultant.
You are hereby notified to commence Work in accordance with the Agreement dated on or
before . You are to complete the work within one hundred and eighty (180)
calendar days. The date of completion of all Work is therefore ____________ _
BY: _____________________ _
Buford Randy Witt
Acting City Manager
ACCEPTANCE OF NOTICE
City of South Miami
Receipt of the above Notice to Proceed is hereby acknowledged by _________________________ _
on this _______ day of _____________ • 20 I O.
BY:
TITLE: ___________ _
Murray Park Community Pool RFP 39
GENERAL CONDITIONS
Murray Park Community Pool
ARTICLE I DEFINITION
Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have
the meaning indicated which shall be applicable to both the singular and plural thereof:
Acceptance: By the City of the Work as being fully complete in accordance with the Contract Documents subject
to waiver of claims.
Agreement: The written Agreement between the CITY and the CONTRACTOR covering the Work to be
performed, which includes the Contract Documents.
Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, clarifications or correction.
Application for Payment: The form furnished by the CONSULTANT which is to be used by the CONTRACTOR in
requesting progress payments.
Bid: the offer or proposal of the PROPONENT submitted on the prescribed form setting forth the prices for the
Work to be performed.
PROPONENT: Any person, firm or corporation submitting a Bid for Work.
Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR
and their surety in accordance with the Contract Documents and in accordance with the laws of the State of
Florida.
Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or
revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the
Agreement.
CITY: City of South Miami, 6130 Sunset Drive, South Miami, Florida 33143.
Contract Documents: Contract Documents shall include, Instructions to PROPONENTS, CONTRACTOR'S Bid,
the Bonds, the Notice of Award, these General Conditions, Special Conditions, the Technical Specifications,
Drawings and Modifications, Notice to Proceed, Invitation to Bid, Insurance Certificates, Change Orders and
Acknowledgment of Conformance with the City of South Miami.
Contract Price: The total moneys payable to the CONTRACTOR under the Contract Documents.
Contract Time: The number of calendar days stated in the Agreement for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S
governing body.
CONTRACTOR: The proponent, person, firm or corporation with whom the CITY has executed the Agreement.
CONSULTANT: See Supplementary Conditions for identification.
Day: A calendar day of twenty-four hours measured from midnight to the next midnight.
Drawings: The drawings which show the character and scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT and are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order,
(c) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d)
a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph
10.2. A modification may only be issued after execution of the Agreement.
Notice of Award: The written notice by CITY to the apparent successful PROPONENT stating that upon
compliance with the conditions precedent to be fulfi"ed by him within the time specified, CITY will execute and
deliver the Agreement to him.
Murray Park Community Pool RFP 40
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the
date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform its
obligations under the Contract Documents.
Project: The entire construction Project to be performed as provided in the Contract Documents.
Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work
performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY
as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative.
SamRles: Physical examples which illustrate materials. equipment or workmanship and establish standards by which
the Work will be judged.
ShOR Drawings: All drawings. diagrams. illustrations. brochures. schedules and other data which are prepared by
the CONTRACTOR. a Subcontractor. manufacturer. supplier. or distributor. and which illustrate the equipment.
material or some portion of the work and as required by the Contract Documents.
SRecifications: Those portions of the Contract Documents consisting of written technical descriptions of materials.
equipment. construction systems. standards and workmanship as applied to the Work.
Subcontractor: An individual. firm or corporation having a direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work at the site.
Substantial ComRletion: The date as certified by the CONSULTANT when the construction of the Project or a
certified part thereof is sufficiently completed. in accordance with the Contract Documents. so that the Project or
specified part can be utilized for the purposes for which it was intended; or if there be no such certification. the
date when final payment is due in accordance with paragraph 14.9.
SURRlier: Any person or organization who supplies materials or equipment for the Work. including that fabricated
to a special design. but who does not perform labor at the site.
Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the
CONTRACTOR and their acceptable performance of the Work.
Work: Any and all obligations. duties and responsibilities necessary to the successful completion of the assigned to
or undertaken by CONTRACTOR under the Contract Documents. including all labor. materials. equipment and
other incidentals. and the furnishing thereof.
Written Notice: The term "Notice" as used herein shall mean and include all written notices. demands.
instructions. claims. approvals and disapproval's required to obtain compliance with Contract requirements.
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended. or to an authorized representative or such
individual. firm. or corporation. or if delivered at or sent by registered mail to the last business address known to
them who gives the notice. Unless otherwise stated in writing. any notice to or demand upon the CITY under this
Contract shall be delivered to the CITY through the CONSULTANT.
ARTICLE 2 PRELIMINARY MA TIERS
Award:
2.1 The CITY reserves the right to reject any and all Proposals at its sole discretion. Contract shall be
awarded by the CITY to the lowest responsive and responsible PROPONENT. No Notice of Award will
be given until the CITY has concluded such investigations as it deems necessary to establish the
responsibility. qualifications and financial ability of the PROPONENT to the Work in accordance with the
Contract Documents to the satisfaction of the CITY within the time prescribed. The CITY reserves the
right to reject the Proposal of any PROPONENT who does not pass such investigation to the ClTY'S
satisfaction. In analyzing the Proposal. the CITY may also take into consideration alternate and unit prices.
if requested by the Price Proposal forms. If the Contract is awarded. the CITY will issue the Notice of
Award and give the successful PROPONENT a Contract for execution within ninety (90) day after the
proposal due date.
Execution of Agreement:
Murray Park Community Pool RFP 41
2.2 At least four counterparts of the Agreement, the Performance and Payment Bond, the Certificates of
Insurance and such other Documents as required by the Contract Documents shall be executed and
delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award.
Forfeiture of Bid Security/Performance and Payment Bond:
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to CITY the completion and performance of the Work covered in such Contract as
well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company meeting the qualifications of Sections
2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for one year after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum. The Performance
Bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any
defective or faulty Work or materials which appear within one year after final completion of the
Contract.
2.3.3 Pursuant to the requirements of Section 255.05( I), Florida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County
and provide CITY with evidence of such recording.
2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of
Florida as a surety, having a resident agent in the State of Florida and having been in business with
a record of successful continuous operation for a least five (5) years.
2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY will accept a surety bond from a company with a rating B+ or better.
2.3.7 Failure of the successful PROPONENT to execute and deliver the Agreement and deliver the
required bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause for the
CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited.
Contractor's Pre-Start Representation:
2.4 CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having
familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all
local conditions and federal, State and local laws, ordinance, rules and regulations that may in any manner
affect performance of the Work, and represents that they have correlated their study and observations
with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied
all surveys and investigations, reports of subsurface and latent physical conditions referred to in the
specifications and made such additional surveys and investigations as he deems necessary for the
performance of the Work in the Contract Documents and that he has correlated the results of all such
data with the requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site prior to the date on which the
Contract Time commences to run, except with the written consent of the CITY.
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. It shall at once report in writing to CONSULTANT any conflict, error, or discrepancy
Murray Park Community Pool RFP 42
which it may discover; however. it shall not be liable to CITY or CONSULTANT for its failure to discover
any conflict. error. or discrepancy in the Drawings or Specifications.
Schedule of Completion:
2.8 Within Five (5) days after delivery of the Notice to Proceed by CITY to CONTRACTOR.
CONTRACTOR shall submit to the CITY for approval. an estimated progress schedule indicating the
starting and completion dates of the various stages of the Work. and a preliminary schedule of Shop
Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within
seven (7) 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 and Contract Documents.
2.9 Within five (5) days after delivery of the executed Agreement by CITY to CONTRACTOR. but before
starting the Work at the site. a pre-construction conference shall be held to review the above schedules.
to establish procedures for handling Shop Drawings and other submissions. and for processing Applications
for Payment. and to establish a working understanding between the parties as to the Project. Present at
the conference will be the ClTY'S representative. CONSULTANT. Resident Project Representatives.
CONTRACTOR and its Superintendent.
Oualifications of Subcontractors. Material men and Suppliers:
2.10 Within five (5) calendar days after bid opening. the apparent lowest responsive and responsible
PROPONENT shall submit to the CITY and the CONSULTANT for acceptance a list of the names of
Subcontractors and such other persons and organizations (including those who are to furnish principal
items of materials or equipment) proposed for those portions of the Work as to which the identity of
Subcontractors and other persons and organizations must be submitted as specified in the Contract
Documents. Within thirty (30) working days after receiving the list. the CONSULTANT. will notify the
CONTRACTOR in writing if either the CITY or the CONSULTANT. after due investigation. has
reasonable objection to any Subcontractor. person. or organization on such list. The failure of the CITY
or the CONSULTANT to make objection to any Subcontractor. person. or organization on the list within
thirty (30) days of the receipt shall constitute an acceptance of such Subcontractor. person or
organization. Acceptance of any such Subcontractor. person or organization shall not constitute a waiver
of any right of the CITY or the CONSULTANT to reject defective Work. material or equipment. or
Work. material or equipment not in conformance with the requirements of the Contract Documents.
2.1 I If. prior to the Notice of Award. the CITY or the CONSULTANT has reasonable objection to and refuses
to accept any Subcontractor. person or organization listed. the apparent low PROPONENT may. prior to
Notice of Award. submit an acceptable substitute without an increase in its bid price.
Murray Park Community Pool RFP 43
ARTICLE 3 CORRELATIONS, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Agreement
between the CITY and the CONTRACTOR. They may be altered only by a modification.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all.
If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, he shall call it to the
CONSULTANT attention in writing at once and before proceeding with the Work affected thereby. The
various Contract Documents are complementary; in case of conflict, error or discrepancy, the more
stringent interpretation and requirement shall apply.
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure of plan, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight
and other applicable characteristics, as specified for the major component of which the miscellaneous item
or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The
above requirement is not intended to include major components not covered by or inferable from the
Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner
as obtain the best workmanship possible for the entire Project, and all components of the Work shall be
installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function.
If he is prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR
shall immediately notify the CONSULTANT in writing of such limitations before proceeding with
construction in the area where the problem limitation exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or
other data published by regulating agencies or accepted organizations, including but not limited to National
Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM
Specifications, various institute specifications, and the like, it shall be understood that such reference is to
the latest edition including addenda in effect on the date of the Bid.
3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent", when used in connection
with brand names, shall be interpreted to mean a material or product that is similar and equal in type,
quality, size, capacity, composition, finish, color and other applicable characteristics to the material or
product specified by trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal", the CONTRACTOR shall use the brand specified).
Murray Park Community Pool RFP 44
ARTICLE 4 AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 The CITY will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be
done, rights-of-way for access thereto, and such other lands which are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by the CITY, unless otherwise specified in the Contract Documents. Other access
to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of the
CONTRACTOR.
The CONTRACTOR will provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will, upon request, furnish to the PROPONENTS, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the
conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal,
handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of
weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and
conditions of the ground, the character of equipment and facilities needed preliminary to and during
prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to
the character, quality and quantity of surface and subsurface materials or obstacles to be encountered
insofar as this information is reasonably ascertainable from an inspection of the site, including all
exploratory work done by the CITY! CONSULTANT on the site or any contiguous site, as well as from
information presented by the Drawings and Specifications made part of this Contract, or any other
information made available to them prior to receipt of bids. Any failure by the CONTRACTOR to
acquaint themselves with the available information will not relieve them from responsibility for estimating
properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for
any conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the CITY! CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are
disturbed, notify the CITY in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in this
Contract, or
4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions
do materially so differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the'
time required for, performance of any part of the Work under this Contract, whether or not
changed as a result of such conditions, an equitable adjustment shall be made and the Contract
modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by
the CITY.
4.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after
final payment under this contract.
ARTICLE 5 CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
5.1 The CONTRACTOR will supervise and direct the Work. It will be solely responsible for the means,
Murray Park Community Pool RFP 45
methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and
maintain a qualified supervisor or superintendent at the Work site who shall be designated in writing by
the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full
authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be
as binding as if given to the CONTRACTOR. The supervisor(s) shall be present at each site at all times as
required to perform adequate supervision and coordination of the Work. (Copies of written
communications given to the Superintendent shall be mailed to the CONTRACTOR'S home office).
5.1.1 The CONTRACTOR will keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site in good order and annotated to show all changes
made during the construction process. These shall be available to the CONSULTANT and any
CITY Representative at all reasonable times and shall be delivered to the CITY upon completion
of the Project.
Labor. Materials and Equipment:
5.2 The CONTRACTOR will provide competent, suitably qualified personnel to layout the Work and
perform construction as required by the Contract Documents. It will at all times maintain good discipline
and order at the site.
5.3 The CONTRACTOR will furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all
other facilities and incidentals necessary for the execution, testing, initial operation and completion of the
Work.
5.4 All materials and equipment will be new, except as otherwise provided in the Contract Documents. When
special makes or grades of material which are normally packaged by the supplier or manufacturer are
specified or approved, such materials shall be delivered to the site in their original packages or containers
with seals unbroken and labels intact.
5.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as
otherwise provided in the Contract Documents.
Materials. Equipment, Products and Substitutions:
5.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT.
5.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance of other salient requirements, and that other products of
equal capacities, quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
5.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
5.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable
grounds for an extension of construction time.
5.6.4 Should any Work or materials, equipment or products not conform with requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged by such alterations,
Murray Park Community Pool RFP 46
at any time before completion and acceptance of the Project. All such Work shall be done at the
expense of the CONTRACTOR.
5.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
Concerning Subcontractors:
5.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY may have reasonable
objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted
by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for
doing so.
5.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for whose
acts any of them may be liable to the same extent that they are responsible for the acts and omissions of
persons directly employed by them. Nothing in the Contract Documents shall create any contractual
relationship between CITY or CONSULTANT and any Subcontractor or other person or organization
having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or
CONSULTANT to payor 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 amounts paid to the
CONTRACTOR on account of specified Work done in accordance with the schedule values.
5.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the
CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any
specific trade.
5.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the CITY.
5.1 I All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
5.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
5.12.1
5.12.2
5.12.3
The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts
relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these
General Conditions and other Contract Documents insofar as applicable to the Work of
Subcontractors, and give the CONTRACTOR the same power as regards to terminating any
subcontract that the CITY may exercise over the CONTRACTOR under any provisions of
the Contract Documents.
The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the
CONTRACTOR if and when directed by the CONSULTANT in writing.
Patent Fees and Royalties:
5.13 The CONTRACTOR will pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subject of patent rights or copyrights held by others. He
will indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including attorney's fees)
arising out of any infringement of such rights during or after the completion of the Work, and shall defend
all such claims in connection with any alleged infringement of such rights.
5.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties
materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for such
determination on systems which do not involve purchase by them of materials, appliances and articles.
Murray Park Community Pool RFP 47
Permits:
5.15 The CONTRACTOR will secure and pay for all construction permits and licenses and will pay for all
governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable
at the time of his Bid.
When such charges are normally made by the CITY and when so stated in the Special Conditions. there
will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR. when necessary. in
obtaining such permits and licenses. The CONTRACTOR will also pay all public utility charges.
Electrical Power and Lighting:
5.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship. for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
5.17 The CONTRACTOR shall comply with all notices. laws. ordinances. rules and regulations applicable to the
Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith. it
will give the CONSULTANT prompt written notice thereof. and any necessary changes shall be adjusted
by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to
such laws. ordinances. rules and regulations. and without such notice to the CONSULTANT. it will bear all
costs arising there from; however. it shall not be its primary responsibility to make certain that the
Drawings and Specifications are in accordance with such laws. ordinances. rules and regulations.
Taxes:
5.18 Cost of all applicable sales consumer. use. and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
5.19 The CONTRACTOR will be responsible for initiating. maintaining and supervising all safety precautions
and programs in connection with the Work. They will take all necessary precautions for the safety of. and
will provide the necessary protection to prevent damage. injury or loss to:
5.19.1 All employees and other persons who may be affected thereby.
5.19.2 All the Work and all materials or equipment to be incorporated therein. whether in storage on or
off the site. and
5.19.3 Other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements.
roadways. structures and utilities not designated for removal. relocation or replacement in the
course of construction.
5.20 The CONTRACTOR will designate a responsible member of their organization at the site whose duty shall
be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
Emergencies:
5.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto. the
CONTRACTOR. without special instruction or authorization from the CONSULTANT or CITY. is
obligated to act. at his discretion. to prevent threatened damage. injury or loss. He will give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control entitles him to an increase in the Contract
Price or an extension of the Contract Time. he may make a claim therefore as provided in Articles I I and
12.
Shop Drawings and Samples:
5.22 After checking and verifying all field measurements. the CONTRACTOR will submit to the
CONSULTANT for review. in accordance with the accepted schedule of shop drawing submissions six (6)
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copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have
been checked by and stamped with the approval of the CONTRACTOR and identified as the
CONSULTANT may require. The data shown on the Shop Drawings will be complete with respect to
dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review
the information as required.
5.23 The CONTRACTOR will also submit to the CONSULTANT for review, with such promptness as to cause
no delay in Work, all samples required by the Contract Documents.
All samples will have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
5.24 At the time of each submission, the CONTRACTOR'S will in writing call the CONSULTANT attention to
any deviations that the Shop Drawings or Samples may have from the requirements of the Contract
Documents.
5.25 The CONSULTANT will review with responsible promptness Shop Drawings and Samples, but his review
shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR will make any corrections
required by the Consultant and will return the required number of corrected copies of Shop Drawings and
resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall
direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the
corrections called for by the CONSULTANT on previous submissions. The CONTRACTDR'S stamp of
approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for
doing so, and that they have reviewed or coordinated each Shop Drawing to sample with the requirements
of the Work and the Contract Documents.
5.26 No Work requiring a Shop Drawing or Sample submission shall be commenced until the submission has
been reviewed by the CONSULTANT. A copy of each Shop Drawing and each approved Sample shall be
kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT.
5.27 The CONSULTANT review of Shop Drawings or samples shall not relieve the CONTRACTOR from his
responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has in writing called the CONSULTANT attention to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings.
Cleaning Up:
5.28 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
CITY, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and
rubbish from the property, roadways, sidewalks, parking areas, lawn and all adjacent property; shall clean
the his portion of Work involved in any building under this Contract, so that no further cleaning by the
CITY is necessary prior to its occupancy; shall restore all property, both public and private, which has been
disturbed or damaged during the prosecution of the Work; and shall leave the whole in a neat and
presentable condition.
5.29 If the CONTRACTOR does not clean the Work site, the CITY may remove the rubbish and charge the
cost to the CONTRACTOR.
Public Convenience and Safety:
5.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous position, at such locations as traffic demands. At any time that streets are required to be
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the South Miami Police
Murray Park Community Pool RFP 49
Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and
other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
5.31 The CONTRACTOR shall provide on-site office, and necessary toilet conveniences, secluded from public
observation, for use of all personnel on the Work, whether or not in his employ. They shall be kept in a
clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
5.32 In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the
CONTRACTOR shall indemnify and save harmless the CITY and CONSULTANT, their officers, agents
and employees, from or on account of any injuries or damages, received or sustained by any person or
persons during or on account of any operations connected with the construction of this Project; including
the warranty period, or by or in consequence of any negligence (excluding negligence of CITY and
CONSULTANT), in connection with the same; or by use of any improper materials or by or on account of
any act or omission of the said CONTRACTOR or its Subcontractor, agents, servants or employees. The
CONTRACTOR shall indemnify and hold harmless the CITY and the CONSULTANT and their agents or
employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of
or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a)
is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than Work itself) including the loss of use resulting there from and (b) is caused in whole
or in part by any negligent act or omission of the CONTRACTOR, Subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused by a party indemnified hereunder.
5.33 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of any
such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and
all claims of liability and all suits and actions of every name and description that may be brought against
CITY or Consultant, excluding only those which allege that the injuries arose out of the sole negligence of
CITY or CONSULTANT, which may result from the operations and activities under this Contract
whether the construction operations be performed by CONTRACTOR, its Subcontractors or by anyone
directly or indirectly employed by either.
5.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such giving of
failure to give is the primary cause of injury or damage. These indemnification provisions shall survive the
term of this Contract.
Responsibility for Connection to Existing Work:
5.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work
or Work previously installed as required by the Drawings and Specifications to provide a complete
installation.
5.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of-ways
of streets, highways, public carrier lines, utility lines either aerial, surface or subsurface, etc., shall be done
in accordance with requirements of the special conditions. The CITY will be responsible for obtaining all
permits necessary for the Work. Upon completion of the Work, CONTRACTOR shall present to
CONSULTANT certificates, in triplicate, from the proper authorities stating that the Work has been done
in accordance with their requirements.
5.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
5.36.2 The CONSULTANT shall be responsible, if required, for obtaining elevations of curbs and gutters,
pavement, storm drainage structures, and other items which must be established by governmental
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departments as soon as grading operations are begun on the site and, in any case, sufficiently early
in the construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments. Public Utilities. Etc.:
5.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations owning or controlling
roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as
pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected
therewith, that are encountered in the Work in order that such its may be properly shored, supported and
protected, or the CONTRACTOR may relocate them if he desires, The CONTRACTOR shall give all
proper notices, shall comply with this requirements of such parties in the performance of his Work, shall
permit entrance of such parties on the Project in order that they may perform their necessary Work, and
shall pay all charges and fees made by such parties for this Work.
5.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to Work to be done by governmental departments, public utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed in the least possible time.
5.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of
misunderstanding will be considered on account of their ignorance thereof.
Use Premises:
5.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site.
5.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any party of the work to stresses or
pressures that will endanger it.
5.38.2 CONTRACTOR shall enforce CONSULTANT and CITY'S instructions in connection with signs,
advertisements, fires and smoking.
5.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
its employees, subcontractors and other personnel, and in routine material delivery trucks
and other vehicles to the Project site.
The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers
employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and
approved by the CONSULTANT. All such facilities shall be furnished in strict accordance with existing governing
regulations. Field offices shall include telephone facilities.
5.38.4 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.
Protection of Existing Property Improvements:
5.39 Any existing surface or subsurface improvements, such as pavements curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or
noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall be
restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award
of Contract.
ARTICLE 6 WORK BY OTHERS
6.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefore
which shall contain General Conditions similar to these.
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The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the
CITY, 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.
6.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
CONTRACTOR (or the CITY), the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and
results.
6.3 The CONTRACTOR will do all cutting, fitting and patching of the Work that may be required to make its
several parts come together properly and fit it to receive or be received by such other Work. The
CONTRACTOR will not endanger any Work of others by cutting, excavating or otherwise altering their
Work and will only cut or alter their Work with the written consent of the CONSULTANT and of the
other CONTRACTORS whose Work will be affected.
6.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the CITY or others involves them in additional expense or
entitles them to an extension of the Contract Time, they may make a claim therefore as provided in
Articles I I and 12.
6.5 Where practicable, the CONTRACTOR shall build around the Work of other separate CONTRACTORS
or shall leave chases, slots and holes as required to receive and to conceal within the general construction
Work the Work of such other separate CONTRACTORS as directed by them. Where such chases, slots,
etc., are impracticable, the Work shall require specific approval of the CONSULTANT.
6.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do
all patching and finishing of their Work where cut by other CONTRACTORS at the expense of such other
CONTRACTORS.
6.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
CONTRACTOR shall coordinate their operation with those of the other CONTRACTORS for the best
interest of the Work in order to prevent delay in the execution thereof.
6.8 Each CONTRACTOR shall keep itself informed of the progress of the Work of other CONTRACTORS.
Should lack of progress or defective workmanship on the part of other CONTRACTORS interfere with
their operations, the CONTRACTOR shall notify the CONSULTANT immediately. Lack of such notice to
the CONSULTANT will be construed as acceptance by the CONTRACTOR of the status of the Work of
other CONTRACTORS as being satisfactory for proper coordination of their own Work.
6.9 The cost of extra Work resulting from lack of notices, untimely notices, failure to respond to notices,
defective Work or lack of coordination shall be home by the CONTRACTOR responsible for such lack of
notices, etc.
ARTICLE 7 CITY'S RESPONSIBILITIES
7.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
7.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT,
whose status under the Contract Documents shall be that of the former CONSULTANT.
7.3 The CITY will furnish the data required of them under the Contract Documents promptly.
7.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
7.5 The CITY shall have the right to take possession of and use any completed or partially completed portions
of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof
may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work
not completed in accordance with the Contract Documents.
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ARTICLE 8 CONSULTANTS' STATUS DURING CONSTRUCTION
City's Representative:
8.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articles I through 16 of these General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
8.1.1 The CONSULTANT decision, in matters relating to aesthetics, shall be final, if within the terms of
the Contract Documents.
8.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other
matters in question between the CITY and the CONTRACTOR arising out of or relating to this
Agreement or the breach thereof, will be decided in a court of competent jurisdiction within the
State of Florida.
Visits to Site:
8.2 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 will be directed toward providing
assurance for the CITY that the completed Project will conform to the requirements of the Contract
Documents. On the basis of these on site-observations as an experienced and qualified design
professional, he will keep the CITY informed of the progress of the Work and will guard the CITY against
defects and deficiencies in the Work of CONTRACTORS.
Clarifications and Interpretations:
8.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the
CONTRACTOR believes that a written clarification and interpretation cause a change in the Contract
Price and/or of Contract Time, it may make a claim therefore as provided in Articles II and 12.
Measurement of Quantities:
8.4 All Work completed under the Contract will be measured by the CONSULTANT according to the United
States Standard Measures. All linear surface measurements will be made horizontally or vertically as
required by the item measured.
Rejecting Defective Work:
8.5 The CONSULTANT shall have authority to disapprove or reject Work which is "defective" (which term is
hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the
requirements of the Contract Documents or does not meet the requirements of any inspection, test or
approval referred to in Special Condition, or has been damaged prior to final acceptance). It shall also have
authority to require special inspection or testing of the Work as provided in the Special Conditions
whether or not the Work is fabricated, installed or completed.
Shop Drawings. Change Orders and Payments:
8.6 In connection with the CONSULTANT'S responsibility as to Shop Drawings and samples, see paragraphs
6.22 through 6.27, inclusive.
8.7 In connection with the CONSULTANT'S responsibility for Change Orders, see Articles 10, I I, and 12.
8.8 In connection with the CONSULTANT'S responsibilities in respect of Application of Payment, etc., see
Article 14.
Resident Project Representative:
8.9 The CONSULTANT shall provide construction observation sufficient to confirm to CITY and all applicable
regulatory agencies that construction is in compliance with the Construction Drawings and the Contract
Specifications.
Decisions on Disagreements:
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8.10 The CONSULTANT will be the initial interpreter of the Construction Drawings and Technical
Specifications.
Limitations on Consultant's Responsibilities:
8.1 I The CONSULTANT will not be responsible for the construction means, methods. techniques. sequences
or procedures. or the safety precautions and programs incident thereto.
8.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR. or any
Subcontractors. or any of their or their agents or employees. or any other person performing any of the
Work.
ARTICLE 9 CHANGES IN THE WORK
9.1 Without invalidating the Agreement, the CITY may. at any time or from time to time. order additions.
deletions or revisions in the Work; these shall be authorized by Change Orders. Upon receipt of a
Change Order. the CONTRACTOR will proceed with the Work involved. All such Work shall be
executed under the applicable conditions of the Contract Documents. If any 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 to as provided in Article II or Article 12. A Change Order signed by
the CONTRACTOR indicates their agreement therewith.
9.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and
not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field
Order. If the CONTRACTOR believes that any minor change or alteration authorized by the
CONSULTANT entitles him an increase in the Contract Price or extension of Contract Time. he may
make a claim therefore as provided in Articles I I and 12.
9.3 Additional Work performed by the CONTRACTOR without authorization of a Change Order will not
entitle it to an increase in the Contract Price or an extension of the Contract Time. except in the case of
an emergency as provided in paragraph 6.21 and except as provided in paragraph 10.2.
9.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work. to be performed as provided in paragraph 4.4. and Work performed in an emergency as
Provided in paragraph 6.21 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
9.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR will furnish proof of such an adjustment to the CITY.
ARTICLE 10 CHANGE OF CONTRACT PRICE
10.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the
Work. All duties. responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall
be at their expense without changing the Contract Price.
10.2 The CITY may. at any time. without written notice to the sureties. by written order designated or
indicated to be a Change Order. make any change in the Work within the general scope of the Contract.
including but not limited to changes:
11.2.1 In the specifications (including drawings and designs);
11.2.2 In the method or manner of performance of the Work;
11.2.3 In the CITY-furnished facilities. equipment. materials. services. or site; or
11.2.4 Directing acceleration in the performance of the Work.
10.3 Except as herein prOVided. no order. statement, or conduct of the CITY shall be treated as a change under
this clause or entitle the CONTRACTOR to an equitable adjustment hereunder.
10.4 If any change order under this clause causes an increase or decrease in the CONTRACTOR'S cost of. or
the time required for. the performance of any part of the Work. under this Contract. whether or not
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changed by any order, an equitable adjustment shall be made and the Contract modified in writing
accordingly.
10.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment under this clause, it shall,
within ten (10) days after receipt of a written Change Order, submit to the CITY and CONSULTANT a
written notice including a statement setting forth the general nature and monetary extent of such claim,
and supporting data.
10.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
10.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
10.7.1 By negotiated lump sum.
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10.7.2 On the basis of the Cost of the Work, determined as provided in Sections I 1.4 and 11.5, plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to
exceed I 5%.
10.8 The term Cost of the Work means the sum of all direct costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Work. 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,
shall include only the following items and shall not include any of the costs itemized in Paragraph 11.5.
10.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
CITY.
10.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection therewith.
All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with
CONTRACTOR with which to make payments in which case the cash discounts, shall accrue to
the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials
and equipment shall accrue to CITY, and CONTRACTOR shall make provisions so that they may
be obtained.
10.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine
with the advice of Consultant which Bids will be accepted. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the Cost of the Work shall
be determined in accordance with paragraphs I 1.4 and I 1.5.
10.8.4 Rentals of all construction equipment and machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agreements approved by CITY with the
advice of CONSULTANT, and the costs of transportation, loading, unloading, installation,
dismantling and removal thereof -all in accordance with terms of said rental agreements. The
rental of any such equipment, machinery or parts shall cease when the use thereof is no longer
necessary for the Work.
10.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
10.8.7 The cost of utilities, fuel and sanitary facilities at the site.
10.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
10.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
10.9 The term Cost of the Work shall NOT include any of the following:
10.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators,
lawyers, agents, expediters, timekeepers, clerks and other personnel employed by
CONTRACTOR whether at the site or in its principal or a branch office for general
administration of the Work and not specifically included in the schedule referred to in
Subparagraph 10.4 -all of which are to be considered administrative costs covered by the
CONTRACTOR'S fee.
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10.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
10.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
10.904 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 1004).
10.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or equipment wrongly supplied
and making good any damage to property.
10.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph I 104.
10.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
10.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
10.10.2 A mutually acceptable fixed percentage (not to exceed 15%) based on the estimate of the various
portions of the Cost of the Work.
10.1 I The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a
net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are
involved in anyone change, the net shall be computed to include overhead and profit, identified separately,
for both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost
profits for any Work not performed.
10.12 Whenever cost of any Work is to be determined pursuant to paragraphs 1004 and 10.5, CONTRACTOR
will submit in form prescribed by Consultant an itemized cost breakdown together with supporting data.
ARTICLE II TIME FOR COMPLETION, LIQUIDATED DAMAGES & CHANGE OF THE CONTRACT TIME
I 1.1 The date of beginning and the time for completion of the Work are essential conditions of the Contract
Documents and the Work shall be commenced on the date specified in the Notice to Proceed.
11.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion
within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR
and the CITY that the Contract Time for the completion of the Work described herein is a reasonable
time, taking into consideration the average climatic and economic conditions and other factors prevailing in
the locality ofthe Work.
I 1.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount for liquidated damages
as specified in the Agreement, Paragraph 6, for each calendar day that the CONTRACTOR shall be default
after the time stipulated in the Contract Documents.
I 1.3.1 These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full
use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties,
recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained
by as a consequence of such delay, and both parties desiring to obviate any question or dispute
concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR
to complete the Contract on time. The above-stated liquidated damages shall apply separately to
each phase of the Project for which a time for completion is given.
I 1.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the
Work under this Contract.
11.3.3 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for
all costs incurred by CITY for the Consultant fees in administering the construction of the Project
due to the failure of the CONTRACTOR to comply with the Contract Documents, to also
include additional time beyond an approved extension of time granted to CONTRACTOR,
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whichever date is later. Such costs shall be deducted from the monies due CONTRACTOR for
performance of Work under this Contract by means of a unilateral Change Order issued by the
CITY.
I 104 The Contract Time may only be changed by a Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five
(5) days of the occurrence of the event giving rise to the claim and stating the general nature of the claim
including supporting data. All claims for adjustment in the Contract Time shall be evaluated and
recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the
Contract Time resulting from any such claim shall be incorporated in a Change Order.
I 1.5 All time limits stated in the Contract Documents are of the essence of the Agreement.
I 1.6 No claim for delay shall be allowed because of failure to furnish Drawings until fourteen (14) days after
demand to the Consultant for such Drawings and not then unless such claim be reasonable.
I 1.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted
as a request for a change in the Contract Time pursuant to Section I 104. These time extensions are
justified only when rains or other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of Work identified on the accepted
schedule or updates resulting in:
11.7.1 CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on
controlling items of Work identified on the accepted schedule or updates due to adverse weather
conditions; or
I 1.7.2 CONTRACTOR must make major repairs to the Work damaged by weather. Providing the
damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing
that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on
controlling items of Work identified on the accepted schedule or updates.
I 1.8 No Damages for Delay: No claim for damages or any claim, other than for an extension of time as
provided for in Section I 104 shall be made or asserted against CITY by reason of any delays.
CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of
any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages,
including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of
delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption,
interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable. CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and
exclusive remedy for such resulting delay.
ARTICLE 12 -GUARANTEE
12.1 The CONTRACTOR shall guarantee and unconditionally warranty through either the manufacturer or the
CONTRACTOR directly, all materials and equipment furnished and Work performed for a period of one
and one-half (I Y2) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of
Recommendation of Acceptance. The CITY will give notice of observed defects with reasonable
promptness. In the event that the CONTRACTOR should fail to promptly correct such defective or non-
coriforming Work, the CITY may cause the defective Work to be removed or corrected at the
CONTRACTOR'S expense, and the CITY may charge the CONTRACTOR the cost thereby incurred.
The Performance Bond shall remain in full force and effect through the guarantee period.
12.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section 12.1 shall be applicable.
ARTICLE 13 PAYMENTS AND COMPLETION
Payments to Contractor
13.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the
CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by
the CONTRACTOR covering the Work performed during the period covered by the partial payment
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estimate and supported by such data as the CONSULTANT may reasonably require. Said progress
payment request shall be accompanied by partial releases of lien executed by all persons, firms and
corporations who have furnished labor, services or materials incorporated into the work during the period
of time for which the progress payment is due, releasing such lien rights those persons, firms or
corporations may have for that period.
If payment is requested on the basis of materials and equipment not incorporated in the Work but
delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by
such supporting data, satisfactory to the CITY will establish the CITY'S title to the material and equipment
and protect their interest therein, including applicable insurance. The CONTRACTOR shall replace at its
expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either
indicate in writing their approval of payment and present the partial payment estimate to the CITY, or
return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing to
approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and
resubmit the partial payment estimate. The CITY, will within thirty (30) calendar days of presentation to it
of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the
approved partial payment estimate. The CITY shall retain ten (10%) percent of the amount of each
payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any
interest earned on the retainage shall accrue to the benefit of the CITY.
13.2 The CITY shall have the right to demand and receive from the CONTRACTOR, before it shall receive
final payment, final releases of lien executed by all persons, firms or corporations who have performed or
furnished labor, services or materials, directly or indirectly, used in the Work.
Contractor's Warranty of Title
13.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by
an application for Payment whether incorporated in the Project or not, will have passed to the CITY prior
to the making of the Application for Payment, free and clear of all liens, claims, security interest and
encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials
or equipment covered by an Application for Payment will have been acquired by the CONTRACTOR or
by any other person performing the Work at the site or furnishing materials and equipment for the
Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by
the seller or otherwise imposed by the CONTRACTOR or such other person.
ARRroval of Payment
13.4 The Consultant approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT on site observations of the Work in
progress as an experienced and qualified design professional and on his review of the Application for
Payment and supporting data, that the Work has progressed to the point indicated; that, to the best his
knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning Project upon substantial completion, to the results
of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval);
and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving, any
such payment the CONSULTANT shall not thereby be deemed to have represented that he made
exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he
has reviewed the means, methods, techniques, sequences and procedures of construction or that he had
made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys
paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or
equipment has passed to the CITY free and clear of any liens.
13.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this Work or that all materials included in this request for payment and not yet
incorporated into the construction are now on the site or stored at an approved location, and payment
received from the last request for payment has been used to make payments to all first tier Subcontractors
and suppliers except as listed below".
13.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is
unable to make such representations to the CITY. It may also refuse to approve any payment, or because
Murray Park Community Pool RFP 59
of subsequently discovered evidence or the results of subsequent inspection or tests, nullify any such
payment previously approved, to such extent as may be necessary in its opinion to protect the CITY from
loss because:
13.6.1 The Work is defective, or completed Work has been damaged requiring correction or
replacement,
13.6.2 The Work for which payment is requested cannot be verified,
13.6.3 Claims or Liens have been filed or there is reasonable evidence indicating the probable filing
thereof,
13.6.4 The Contract Price has been reduced because of modifications,
13.6.5 The CITY has been required to correct defective Work or complete the Work in accordance
with Article 13.
13.6.6 Of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.28 and 6.29,
13.6.7 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,
13.6.8 Of liquidated damages payable by the CONTRACTOR, or
13.6.9 Of any other violation of, or failure to comply with provisions of the Contract Documents.
13.7 Prior to Final Acceptance the CITY, with the approval of the Consultant and with the concurrence ·of the
CONTRACTOR, may use any completed or substantially completed portions of the Work. Such use shall
not constitute an acceptance of such portions of the Work.
13.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the Work, or the restoration of any damaged Work except
such as may be caused by agents or employees of the CITY.
13.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the
Final Payment request that the Work has been accepted by it under the conditions of the Contract
Documents. The entire balance found to be due the CONTRACTOR. including the retained percentages,
but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within
thirty (30) days of completion and acceptance of the Work.
Acceptance of Final Payment as Release
13.10 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the
CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims in stated amounts
as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with
the Work and for every act and neglect of the CITY and others relating to or arising out of this Work.
Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds.
ARTICLE 14 SUSPENSION OF WORK AND TERMINATION
14.1 The CITY may, at anytime and without cause, suspend the Work or any portion thereof for a period of
not more than ninety (90) days by notice in writing to the CONTRACTOR and the CONSULTANT,
which shall fix the date on which Work shall be resumed. The CONTRACTOR will be allowed an
increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any
suspension if it makes a claim therefore as provided in Articles I I and 12.
14.2 No Work shall be done under these specifications except by permission of the Consultant when the
weather is unfit for good and careful Work to be performed. Should the severity of the weather continue,
the CONTRACTOR upon the direction ofthe CONSULTANT, shall suspend all Work until instructed to
resume operations by the CONSULTANT and the Contract Time pursuant to Section 12.7 shall be
extended to cover the duration of the order. Work damaged during periods of suspension due to
Murray Park Community Pool RFP 60
inclement weather shall be repaired and/or replaced by the CONTRACTOR. Any compensation for
repairs or replacements shall be subject to approval of the CITY.
City May Terminate
14.3 If the CONTRACTOR is adjudged bankrupt or insolvent, or if it makes a general assignment for the benefit
of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property,
or if it files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar
laws, or if it repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if it
repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he
disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if it
disregards the authority of the CONSULTANT, or if it 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) days written notice, terminate the services of the
CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever
method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct
and indirect costs of completing the Project, including compensation for additional professional services,
such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the
CONTRACTOR shall pay the difference to the CITY. Such costs incurred by the CITY will be determined
by the CONSULTANT and incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the
CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section
14.5
14.4 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue.
Any retention or payment of moneys by the CITY due the CONTRACTOR will not release the
CONTRACTOR from liability.
14.5 Upon seven (7) days written notice to the CONTRACTOR and the CONSULTANT, the CITY may,
without cause and without prejudice to any other right or remedy, elect to abandon the Project and
terminate the Agreement. In such case, the CONTRACTOR shall be paid for all Work executed and
accepted by the CITY as of the date of the termination. No payment shall be made for profit for Work
which has not been performed.
Removal of Equipment
14.6 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment
and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and
supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment
and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in
whole or in part.
Contractor May Stop Work or Terminate
14.7 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety
(90) days by the CITY or under an order of court of other public authority, or the Concultant fails to act
on any Application for Payment within thirty (30) days after it is submitted, or the CITY fails to pay the
CONTRACTOR any sum approved by the CONSULTANT, within thirty (30) calendar days of its
approval, and presentation, then the CONTRACTOR may, upon twenty (20) calendar days written notice
to the CITY and the CONSULTANT, terminate the Agreement. The CITY may remedy the delay or
neglect within the twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall
not be considered terminated. In lieu of terminating the Agreement, if the CONSULTANT has failed to
act on an Application for Payment or the CITY 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.
Murray Park Community Pool RFP 61
ARTICLE 15 MISCELLANEOUS
15.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known to them who gives the notice.
15.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
15.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.3 and 14.3 and
those in the Special Conditions and the rights and remedies available to the CITY and CONSULTANT
there under, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and
remedies available by law, by special guarantee or by other provisions of the Contract Documents.
15.4 Should the CITY 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 a reasonable time of the first
observance of such injury or damage.
ARTICLE 16 WAIVER OF IURY TRIAL
16.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may
have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit
or counterclaim based upon the Contract Documents or the performance of the Work there under.
ARTICLE 17 ATTORNEYS FEES JURISDICTION I VENUE I GOVERNING LAW
17.1 The Contract shall be construed in accordance with and governed by the laws of the State of Florida.
17.2 The parties submit to the jurisdiction of any Florida State or federal court in any action or proceeding
arising out of or relating to the Contract. Venue of any action to enforce the Contract shall be in Miami-
Dade County, Florida.
17.3 If either the CITY or CONTRACTOR is required to enforce the terms of the Contract by court
proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be
entitled to recover from the other party all such costs and expenses, including, but not limited to, court
costs, and reasonable attorney's fees.
ARTICLE 18 PROIECT RECORDS
18.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books
and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for
additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting
records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available
to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to
any claim for a period of three (3) years following final completion of the Project. During the Project and
the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY
access to its books and records upon five (5) days written notice.
ARTICLE 19 SEVERABILITY
19.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be
held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall not
Murray Park Community Pool RFP 62
be affected thereby. and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 20 INDEPENDENT CONTRACTOR
20.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR. and not as officers. employees. or agents of the CITY. Personnel policies. tax
responsibilities. social security and health insurance. employee benefits. purchasing policies and other
similar administrative procedures. applicable to services rendered under the Contract shall be those of the
CONTRACTOR.
Murray Park Community Pool RFP 63
SUPPLEMENTARY CONDITIONS
Murray Park Community Pool
In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as follows _____ ---'
Principal Consultant, Civil Engineer of Record, and City Engineer
Murray Park Community Pool RFP 64
MIAMI DADE COUNTY HCD REQUIREMENTS
NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (5)
This project in part will be federally assisted through the Miami-Dade County Department Housing and
Community Development with Community Development Block Grant funds and as such bidder must comply
with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights
Act of 1964 as amended; the Davis Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the
Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance.
Note that bidder is required to pay workers on this project the minimum wages as determined in the Wage
Determination Decision included in the Bidder's package; and that the contractor must ensure that
employees are not discriminated because of race, color, religion, sex or national origin.
This project is also a Section 3 covered activity. Section 3 requires that job training, employment and
contracting opportunities be directed to very-low and low income persons or business owners who live in the
project's area.
Murray Park Community Pool RFP 65
STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE
To be submitted by each Bidder with requested information and
documentation with the Bid package
All questions must be answered and the data given must be clear and comprehensive. This statement must
be notarized. If necessary, add separate sheets for items marked "*".
1. Prime Contractor: ___________________ _
2. Prime Contractor Address: _________________ _
3. Name and Social Security number of each principal officer of corporation, partner, or
firm; or individual.
4. Gender and Ethnicity of Principals: ______________ _
5. Company Qualifier: ___________________ _
6. Years in Business: ___ _
7. U.S. Treasury Number. (Employer's Identification number; Federal Social Security number used
on Employer's quarterly Federal Tax/return, U.S. Treasury Department.
FEI Number:
8. General Contractor License Number: _____ _ State: _____ _
9. Contractor's Certification Categories: _____________ _
10. Contracts completed in the last five years (include the months and year completed, use additional
pages, if needed)
11. Contractor's on-going construction projects (Schedule these, showing gross amount of each
contract and the approximate anticipated dates of completion).
12. Have you ever defaulted on a Contract? If so, where and why?
Murray Park Community Pool RFP 66
Statement of Bidder's
Construction Experience
Page 2 of 2
13. Through what personnel or affiliations do you propose to provide knowledge of local design and
construction problems and methods?
14. a) The undersigned has attached a detailed financial statement and furnish any other
information that may be required by Miami-Dade Office of Community and
Economic Development?
(initials)
b) The Bidder promises to defend, indemnify and hold harmless the _____ _
(agency name) and Miami-Dade County with regard to any disclosures or information
received, whether at trial, in arbitration or on appeal.
(initials)
15. The Bidder authorizes any person, firm corporation, organization or governmental unit
to act on a copy of the submitted financial statement.
(initials)
17. The undersigned hereby authorizes and requests any person, firm, corporation, or
governmental unit, to furnish any information requested by the (name of agency) in
verification of the recitals comprising this statement of bidder's experience
(initials)
SUBSCRIBED AND SWORN TO (or affirmed) before me on ______ _
Date
By __________ _ He/She is personally known to me or has presented
(Affiant)
______________ as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print or Stamp Name of Notary) (Expiration Date)
Notary Public Notary Seal
(State)
Murray Park Community Pool RFP 67
CERTIFICATION RECEIPT
This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development
Federal Labor Standards Provisions (HUD Form 4010) concerning the CITY OF SOUTH MIAMI-
MURRAY PARK COMMUNITY POOL
Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the
contents of U.S. Department of Labor requirements, particularly the requirements contained in Wage
General Decision Number FL 100267 1 06/04/2010 that is applicable to this project. (Attachment A)
I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United
States Department of Housing and Urban Development and described in Form HUD-4010 (Attachment 8)
and those requirements contained in Wage General Decision Number FL 1002671 06/04/2010 for this
project (Attachment A).
Name:
Employer 10 #
Authorized Signature:
Print Name:
Title:
Date:
Full Address (including Zip Code)
Telephone Number: (_)
(Name of Firm)
(FEIO#)
Email Address: ________________ _
Check one, as applicable:
Contractor
Su bcontractor
Other
Murray Park Community Pool RFP 68
Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits
under Section l(b)(2) of the Davis-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or me~hanics, subject to the provisions of 29 CFR
5,5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4),
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked. therein:
Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1 )(ii) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HU D shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
Previous editions are obsolete
69
U.S. Department of Housing
and Urban Development
Office of Labor Relations
(1) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(2) The classification Is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed in the classification (if known). or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140,)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 3D-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(iii) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD-4010 (06/2009)
ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be' considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis-Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and SOCial security
number of each such worker, his or her correct
classification, hourly rates of wages' paid (including rates
of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
in Section l(b)(2)(B) of the Davis-bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1 )(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan
or program described in Section l(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
Previous editions are obsolete
70
communicated in writing to the laborers or mechanics
affected, and records which show the costs antiCipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(iiJ (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to
the contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from
the Wage and Hour Division Web site at
http://www.doJ.qov/esa/whd/forms/wh347instr.hlm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or Its designee if the agency is a party to the
contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a Violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for its own records, without weekly submission
to HUD or its designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under 29 CFR 5.5
(a)(3) (ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such information is
correct and complete;
form HUD·4010 (06/2009)
ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permisSible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph
A.3.(ii)(b).
(dl The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31·of the United States Code.
(iii) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29CFR5.12.
4. App rentices and Trainees.
(I) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90
days of probationary employment as an apprentice in such
an apprentice~hip program, who is not individually
reg istered in the prog ram, but who has been certified by
the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who
Previous editions are obsolete
71
is not registered or otherwis.e employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program .is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to' utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ',to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
form HUD·4010 (06/2009)
ref. Handbook 1344.1
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable 'predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert In any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause -requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (i) Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
Previous editions are obsolete
72
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(iiI No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(a)(1} or to be awarded HUD contracts or
partiCipate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of ... influencing in any
way the action of such Administration ..... makes, utters or
publishes any statement knowing the same to be false .....
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor arid
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, in'cluding watchmen and guards,
employed in violation of the -clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
form HUD-4010 (06/2009)
ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph Care
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall· comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure tei comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law .91-54, 83 Stat 96). 40 USC
3701 et seq. .
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shail direct as a means of enforcing
such provisions.
Previous editions are obsolete
73
form HUD4010 (06/2009)
ref. Handbook 1344.1
General Decision Number: FL I 00267 06/04120 10 FL267
Superseded General Decision Number: FL20080267
State: Florida
Construction Type: Heavy
County: Miami-Dade County in Florida.
HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines)
Modification Number Publication Date
o 03112/20 I 0
I 06/04/20 I 0
ELEC0349-007 08/3 112009
Rates Fringes
ELECTRICIAN
Electrical contracts
including materials that
are over $2,000,000 .................................................. .
Electrical contracts
including materials that
are under $2,000,000 ................................................ .
* ENG10487-017 01116/2010
OPERATOR: Backhoe (Except
$ 29.61 8.71
$ 27.15 8.44
Rates Fringes
Loader Combo)...................................................... $ 27.57 8.78
OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static-Mount; All Cranes
with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons
& Over (Must have 2 operators); Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead
Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons
(Without Oiler/Apprentice); HydrolFriction Cranes without OilerlApprentices when Approved by Union;
All Type of Flying Cranes;
Boom Truck......................................................... $ 28.30 8.78
Cranes with Boom Length
Less than 150 Feet (With
or without jib); Hydro
Cranes 25 Tons & Under, &
Over 50 Tons (With
Oiler/Apprentice); Boom
Truck............... ........................................................................................ $ 27.57 8.78
OPERATOR: Drill ....................................................................................... $ 25.05 8.78
OPERATOR: Loader .................................................................................. $ 24.89 8.78
OPERATOR: Oiler ..................................................................................... $ 22.24 8.78
IRON0272-005 10101/2006
Rates Fringes
IRONWORKER, STRUCTURAL...................................... ... $ 26.70 6.43
LABO 1652-004 05/01/2009
Murray Park Community Pool RFP 74
Rates Fringes
LABORER: Grade Checker ................................................................. $ 14.50 4.67
PAIN0365-00707/01/2008
Rates Fringes
PAINTER: Brush. Roller and
Spray ....................................................................................................... . $ 16.00
SUFL2009-164 06/24/2009
Rates
CARPENTER. Including Form Work ..................................................... $ 17.00
CEMENT MASON/CONCRETE FINISHER ......................................... $ 16.61
LABORER: Common or General ................................................ $ 13.09
LABORER: Landscape ................................................................................ $ 7.25
LABORER: Power Tool Operator
(Hand Held Drills/Saws.
Jackhammer and Power Saws
Only) ............................................................................................................... $ 10.63
OPERATOR: Asphalt Paver ...................................................................... $ I 1.59
OPERATOR: Backhoe Loader
6.15
Fringes
2.51
5.52
1.26
0.00
2.20
0.00
Combo......................................................................................................... $ 16.10 2.44
OPERATOR: Blade/Grader................................................................... $ 16.00 2.84
OPERATOR: Bulldozer......................................................................... $ 14.95 0.81
OPERATOR: Excavator.......................................................................... $ 21.16 1.67
OPERATOR: Mechanic.......................................................................... $ 14.32 0.00
OPERATOR: Roller.................................................................................. $ 10.95 0.00
OPERATOR: Scraper............................................................................... $ 11.00 1.74
OPERATOR: Trackhoe............................................................................ $ 20.92 5.50
OPERATOR: Tractor............................................................................. $ 10.54 0.00
TRUCK DRIVER: Lowboy Truck........................................ $ 12.73 0.00
TRUCK DRIVER: Off the Road
Truck............................................................................................................. $ 12.21 1.97
TRUCK DRIVER: Dump Truck.............................................................. $ 9.60 0.00
WELDERS -Receive rate prescribed for craft performing
Murray Park Community Pool RFP 75
operation to which welding is incidental.
========================================================
Unlisted classifications needed for work not included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)( I )(ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to
be prevailing.
WAGE DETERMINATION APPEALS PROCESS
I.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage
determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then
the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with
the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in .1.) is yes, then an interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information
(wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the
issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals Board). Write to:
Murray Park Community Pool RFP 76
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue. N.W.
Washington. DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Murray Park Community Pool RFP 77
INSURANCE REQUIREMENTS
The term "Contractor", as used in this document, refers to the entity providing construction type services.
The terms "owner" and "sub-recipient" are used interchangeably.
Based on the type of project, the Contractor shall acquire the following insurance and submit necessary certificate(s)
and original policies described hereunder.
Construction and Major Rehabilitation projects including new structures, additions to existing structures, and
comprehensive modernization/renovation. The contractor shall obtain the insurance specified in Section II.
Emergency Shelter, Housing and Minor Rehab, Acquisition of Land and Commercial Revitalization projects including
renovation or roofing only of existing structures. The contractor shall obtain the insurance specified in Section II.
Types of Insurance
REQUIRED CERTIFICATE(S} OF INSURANCE PROJECT TYPE
Worker's Compensation Insurance-for all employees Construction and Major Rehabilitation
of the Contractor as required by Florida Statute 440. Emergency Shelter, Housing and Minor Rehab,
Acquisition of Land & Commercial Revitalization
Public Liability Insurance-on a comprehensive basis
in an amount not less than $500,000 combined single Construction and Major Rehabilitation
limit per occurrence for bodily injury and property Emergency Shelter, Housing and Minor Rehab,
damage. Miami·Dade County must be shown as an Acquisition of Land & Commercial Revitalization
additional insured with respect to this coverage.
Automobile Liability Insurance-covering all owned,
non-owned and hired vehicles used in connection with Construction and Major Rehabilitation
the work, in an amount not less than $500,000 Emergency Shelter, Housing and Minor Rehab,
combined single limit per occurrence for bodily injury Acquisition of Land & Commercial Revitalization
and property damage.
Completed Value Builder's Risk Insurance-on al "All
Risk" basis in an amount not less than one hundred
(100%) percent of the insurable value of the building(s} Construction and Major Rehabilitation or structure(s}. The policy shall be in the name of the
sub-recipient and the Contractor, and Miami·Dade
County must be listed as a loss payee.
Professional Liability Insurance-in the name of the
design professional for this project, in an amount not Construction and Major Rehabilitation less than $250,000 with the deductible per claim, if any,
not to exceed 10% of the limit.
All insurance policies required above all shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent, subject to the approval of the County Risk Management Division.
or
Murray Park Community Pool RFP 78
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies
Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are
members of the Florida Guaranty Fund.
All insurance required by the contract must stay in force until final acceptance except, "Completed
Value Builder's Risk" which may be dropped after substantial completion.
The Contractor shall also keep all insurance required by contract, except "Completed Value Builder's Risk",
in force when performing any work during the guarantee period(s).
The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to
commencing any operation under this contract, which certificates shall clearly indicate that the Contractor
has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the
contract.
NOTE: Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
in advance notice to the certificate holder.
Compliance with the foregoing requirements as to the carrying of insurance shall not relieve the
Contractor from his liability under any other portion of this contract.
Cancellation of any insurance or bonds, or non-payment by the contractor of any premium for any
insurance policies or bonds required by this contract shall constitute a breach of this contract. In
addition to any other legal remedies, the owner at its sole option may terminate this contract or pay
such premiums, and deduct the costs thereof from any amount, which are or may be due to the
Contractor.
Murray Park Community Pool RFP 79
PROVISIONS TO BE INCORPORATED IN CONSTRUCTION
CONTRACTS
"DAVIS-BACON" ACT PROVISION
As stated in 24 CFR Part 85.36:
When required by the Federal grant program legislation, all construction contracts in excess of $2,000 awarded by
grantees and sub grantees shall include a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7) as
supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act contractors shall be required to
pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination
made by the Secretary of Labor. The grantee shall place a copy of the current prevailing wage determination issued
by the Department of Labor for this solicitation and the award of the contract shall be conditioned upon the acceptance
of the attached wage determination.
Further, the provision listed below must be included in each set of bid documents and incorporated in each contract,
subcontract, and any lower-tier subcontract:
"The contractor hereby agrees that it will abide by the requirements of the Federal Labor Standards Provisions issued
by the United States Department of Housing and Urban Development and described in Form HUD·4010 and those
requirements contained in Wage General Decision Number FL 100267 1 06/04112010 or this project."
TERMINATION PROVISION & LEGAL REMEDIES
As stated in 24 CFR Part 85.36
All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner
which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which
the contract may be terminated for default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor.
Contracts other than small purchases shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms,
and provide for such sanctions and penalties as may be appropriate.
Provisions for termination are as follows:
Termination at Will
This contract, in whole or in part, may be terminated by the Principal Contractor/Owner upon no less than ten
(10) working days notice when the Principal Contractor/Owner determines that it would be in the best interest of the
Principal Contractor/Owner and the Office of Community and Economic Development (OCED). Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery.
Murray Park Community Pool RFP 80
Termination for Convenience
The Principal Contractor/Owner may terminate this contract, in whole part, when both parties agree that the
continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds.
Both parties shall agree upon the termination conditions. The Principal Contractor/Owner, at its sole discretion,
reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such
notice, the Contractor shall not incur any additional costs under this contract. The Principal Contractor/Owner shall be
liable only for reasonable costs incurred by the Contractor prior to notice of termination. The Principal
Contractor/Owner shall be the sole judge of "reasonable costs."
Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this
contract become unavailable, the Principal Contractor/Owner may terminate this contract upon no less than twenty-
four (24) hours written notification to the Contractor. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. The Principal Contractor/Owner shall be the final authority to determine
whether or not funds are available. The Principal Contractor/Owner may at its discretion terminate, renegotiate and/or
adjust the contract award whichever is in the best interest of the Principal Contractor/Owner.
Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Principal Contractor/Owner through
Board of County Commissioners' action, the Principal Contractor/Owner may, at its discretion, request in writing from
the Director of OCED a release from its contractual obligations to the County. The Director of OCED will review the
effect of the request on the community and the County prior to making a final determination.
Termination for Breach
The Principal Contractor/Owner may terminate this contract, in whole or in part, when the Principal Contractor/Owner
determines, in its sole and absolute discretion, that the Contractor is not making sufficient progress thereby
endangering ultimate contract performance, or is not materially complying with any term or provision of this contract.
Unless the Contractor's breach is waived by the Principal Contractor/Owner in writing, the Principal
Contractor/Owner may, by written notice to the Contractor, terminate this contract upon no less than twenty-four (24)
hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of
delivery.
Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this contract. The provisions herein do not limit the Principal
Contractor's/Owner's right to legal or equitable remedies.
Murray Park Community Pool RFP 81
Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami-Dade County, Section 2-8.4.1, any individual or corporation or other
entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material
misstatement, shall have its contract with the County terminated, whenever practicable, as determined by the County.
The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with
the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such
termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who
attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement
may be disbarred from County contracting for up to five (5) years.
Payment Settlement
If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required
by this contract up to the date and time of termination.
ACCESS TO RECORDS AND RECORD RETENTION PROVISION
All official project records and documents must be maintained during the operation of this project and for a period of
five (5) years following close out in compliance with 4 NCAC 19L Rule .0911, Recordkeeping.
The Miami-Dade Office of Community and Economic Development, the U.S. Department of Housing and Urban
Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall
have access to any books, documents, papers and records of the implementing agency which are pertinent to this
contract, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above.
Murray Park Community Pool RFP 82
NON COLLUSION AFFIDAVIT
STATE OF:
COUNTY OF: ________ _
_____________ , being first duly sworn, deposes and says that:
He/she is __________ of __________ , the Bidder that has
submitted the attached Bid.
Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all
pertinent circumstances regarding such Bid;
Such Bid is genuine and is not a collusion or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or
indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the
contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such
contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or
conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid
price or the Bid price of any other Bidder, or to secure through advantage against the
_________ (Local Public Agency) or any person interested in the proposed Contract; and
The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives,
owners, employees, or parties in interest, including this affiant.
(SIGNED)
Title
Subscribed and sworn to before me this
day of _,20__
My commission expires: ___ _
Murray Park Community Pool RFP 83
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
in excess of $100,000
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any of the funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall
certify and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
By:
Print: ______________ _
Title:
Date:
Business Address:
Murray Park Community Pool RFP 84
AFFIRMATIVE ACTION STANDARDS
Contracts covered by the Notice and Specifications shall take affirmative action to insure equal employment
opportunity. Evaluation of contractor's compliance with the affirmative action standards shall be based on
contractor's efforts to achieve maximum results from their actions. The contractor shall be required to
provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the
Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement
them and the records that should be maintained to document the contractor's efforts.
Contractors must maintain a working environment free of harassment, intimidation, and coercion at all sites
and in all facilities at which the contractor's employees are assigned to work. The contractor, where
possible, must assign 2 or more women to each construction project. The contractor shall specifically insure
that all forepersons, superintendents, and other on-site supervisory personnel are aware of and carry out the
contractor's obligation to maintain such a working environment, with specific attention to minorities or
women working at such sites or in such facilities.
To Demonstrate Compliance:
Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff meeting or EEO
officer's meetings with supervisors to inform them of the contractor's obligation to maintain a working
environment free of harassment, intimidation, and coercion and to where possible, assign two or more
women to each construction project. Monitoring of work environment by EEO officer.
Contractors must establish and maintain a current list of minority and women's recruitment sources, provide
written notification to minority and women's recruitment sources and to community organizations when the
contractor or its unions have employment opportunities available, and maintain a record of the organization's
responses.
To Demonstrate Compliance:
Contractors must have a current listing of recruitment sources for minority and women craft workers. It must
have copies of recent letters to community resource groups or agencies specifying the contractor's
employment opportunities and the procedures one should follow when seeking employment. It must note
the responses receive and the results on the bottom or reverse of the letters or establish a follow-up file for
each organization notified.
Contractors must maintain a current file of the name, address, and telephone number of each minority
and/or women off-the-street applicant and minority and/or women referred from a union, recruitment source,
or community organization, and of the action that was taken with respect to each individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the contractor by the
union or, if referred, was not employed by the contractor, this shall be documented in the file with the
reason, along with whatever additional actions the contractor may have taken.
Murray Park Community Pool RFP 85
To Demonstrate Compliance:
Contractors must have a file of the names, addresses, telephone numbers, and crafts of each minority
and/or woman applicant showing the date of contact and whether or not the person was hired and (if not) the
reason; whether or not the person was sent to a union for referral and what happened; and follow-up
contracts when the contractor was hiring.
Contractors must provide immediate written notification to the Director when the union or unions with which
the contractor has a collective bargaining agreement failed to refer to the Contractor a minority or woman
sent by the contractor, or when the contractor has other information that the union referral process impeded
the contractor's efforts to meet its obligations.
To Demonstrate Compliance:
Contractors must have copies of letters sent to verify claim that the union is impeding the contractor's efforts
to comply.
Contractors must develop on-the-job training opportunities or participate in training programs for the area
that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee
programs relevant to the contractor's employment needs, especially those programs funded or approved by
the Department of Labor. The contractor shall provide notices of those programs to the sources compiled
under Item 2, above.
To Demonstrate Compliance:
Contractors must have records of contributions in cash, equipment supplied or contractor personnel
provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded
training programs and records of the hiring and training of minorities and women from such programs.
Supply copies of letters informing minority and women's recruitment sources or schools providing these
training programs.
Contractors must disseminate their EEO policies by providing notices of the policy to unions and training
programs and requesting their help in meeting its EEO obligations; by including it in any policy manual and
collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific
review of the policy with all management personnel and with all minority and women employees at least
once a year; and by posting the company EEO policy on bulleting boards accessible to all employees at
each location where construction work is performed.
To Demonstrate Compliance:
Contractors must have written EEO policies that include the name and contact information on the
contractor's EEO officer and must (a) include the policy in any company policy manuals; (b) post a copy of
the policy on all company bulletin boards (in the office and on all job sites); (c) put in records, such as
reports or diaries, that each minority and woman employee is aware of the policy and that it has been
discussed with them; (d) record that the policy has been discussed regularly at staff meetings; (e) make
copies of newsletters and annual reports that include the policy; and (n make copies of letters to unions and
training programs requesting their cooperation in helping the contractor meet its EEO obligations.
Contractors must review, at least annually, the company's EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring, assignment, layoff,
termination, or other employment decisions, including specific review of these items with on-site supervisory
personnel such as superintendents and general forepersons prior to the initiation of work at any job site.
Contractors must make and maintain a written record and maintain it to identify the time and place of these
Murray Park Community Pool RFP 86
meetings, persons attending, subject matter discussed, and disposition of the subject matter.
To Demonstrate Compliance:
Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the time and
place of meeting, persons attending, subject matter discussed, and disposition of subject matter.
Contractors must disseminate their EEO policies externally by including it in any advertising in the news
media, specifically including minority and women's policy with other contractors and subcontractors with
whom the contractor does or anticipates doing business.
To Demonstrate Compliance:
Contractors must have copies of (a) letters sent, at least every 6 months or at the start of each new major
contract, to all recruiting sources (including labor unions and training programs) requiring compliance with
the policy; (b) advertisement that has the EEO "tagline" on the bottom; and (c) letters to subcontractors and
suppliers, at least at the time of the subcontract is signed, requiring compliance with the policy.
Contractors must direct recruitment efforts, both oral and written, to minority, women and community
organizations, to schools with minority and women students, and to minority and women's recruitment and
training organizations serving the contractor's recruitment area and employment needs. Not later than one
(1) month prior to the date for acceptance of applications for apprenticeship or other training by any
recruitment source, the contractor will send written notification to such organizations, describing the
openings, screening procedures, and tests to be used in the selection process.
To Demonstrate Compliance:
Contractors must have written records of contacts (written communications, telephone calls, or personal
meetings) with minority and women's community organizations and recruitment's sources, and schools and
training organizations, specifying the date(s), individuals contacted, results of the contact, and any follow-up.
It must have copies of letters sent to these organizations at least one (1) month prior to the acceptance of
applications for training (apprenticeship or other) describing the openings, screening procedures, and tests
to be used in the selection process.
Contractors must encourage minority and women employees to recruit other minority persons and women
and provide, where reasonable, school, summer and vacation employment to minority and female youth
both on-site and in other areas of the workforces.
To Demonstrate Compliance:
Contractors must have copies of diaries, telephone logs, or memoranda indicating contacts (written and oral)
with minority and women employees requesting their assistance in recruiting other minorities and women,
and record results. If contractors normally provide after-school, summer, and vacation employment, it must
have copies of letters to organizations under Item 9 describing those opportunities and must have responses
received and results noted on letters or in a follow-up file.
Contractors must validate all tests and other selection requirements where there is an obligation to do so
under CFR 60-3.
To Demonstrate Compliance:
Contractors must have evidence in the form of correspondence, or certificates that all tests, interviews and
selection procedures used by the contractor, a craft union, or Joint Apprenticeship Committee meet the
requirements in the OFCCP testing and selection guidelines.
Murray Park Community Pool RFP 87
Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and women
personnel for promotional opportunities and encourage these employees to seek or to prepare for such
opportunities by appropriate training.
To Demonstrate Compliance:
Contractors must have written records (memo, letters, personnel files, etc.) showing that the company
conducts annual reviews of minority and female personnel for promotional opportunities and notifies these
employees of training opportunities (formal or on-the-job) and encourages their participation.
Contractors must ensure that seniority practices, job classifications, work assignments, and other personnel
practices do not have a discriminatory effect, by continually monitoring all personnel and employment
related activities to insure that the EEO policy and the Contractor's obligations under these specifications
are being carried out.
To Demonstrate Compliance:
Contractors must have evidence (letter, memos, personnel files, reports) that: (a) the activity under Item 12,
above, has been carried out; (b) any collective bargaining agreements have an EEO clause and the
provisions do not operate to exclude minorities and women; (c) the EEO officer reviews all monthly
workforce reports, hiring, terminations, and training provided on the job; (d) the EEO officer's job description
identifies his or her responsibility for monitoring all employment activities for discriminatory effects; and (e)
the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory
effect.
Contractors must insure that all facilities and company activities are nonsegregated, except for providing
separate or single-user toilets and necessary changing facilities to assure privacy between the sexes.
To Demonstrate Compliance:
Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the contractors
federally involved contract documents into all subcontracts and purchase order; have records that
announcements of parties, picnics, etc. have been posted and have been available to all employees; have
written copies of contracts (written or verbal) with supervisory staff regarding the provision of adequate toilet
and changing facilities to assure privacy between the sexes.
Contractors must document and maintain a record of all solicitations of offers for subcontractors from
minority and female construction contractors and suppliers, including circulation of solicitations to minority
and women's contractor associations and other business associations.
To Demonstrate Compliance:
Contractors must have copies of letters or other direct solicitation of bids for subcontractors or joint ventures
from minority or women contractors with a record of specific responses and any follow-up the contractor has
done to obtain a price quotation or to assist a minority or female contractor in preparing or reducing a price
quotation; have a list of all minority or female subcontracts awarded or joint ventures participated in with
dollar amounts; have copies of solicitations sent to minority and women's contractor associations or other
business associations.
Contractors must conduct a review, at least annually, of all supervisors' adherence to and performance
under the contractor's EEO policies and affirmative action obligations.
To Demonstrate Compliance:
Murray Park Community Pool RFP 88
Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with supervisors
regarding their employment practices as they relate to the contractor's EEO policy and affirmative action
obligations, and written evidence that supervisors were notified when their employment practices adversely
or positively impacted on the contractor's EEO and affirmative action posture.
Murray Park Community Pool RFP 89
CERTIFICATION OF COMPLIANCE WITH PART 60·2
AFFIRMATIVE ACTION PROGRAMS
The bidder represents that he has ( ) has not ( ), participated in a previous contract or subcontract subject
to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has not ( ) developed
a written affirmative action compliance program for each of his establishments; that he has ( ) has not ( ),
filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or
the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing
requirements; and that representations indicating submission of required compliance reports, signed by
proposed subcontractors, will be obtained prior to contract and/or subcontract award.
NOTE
The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001
Name
Title
Signature
Date
Address (Including Zip Code)
Murray Park Community Pool RFP 90
OTHER REQUIRED CERTIFICATIONS
EQUAL EMPLOYMENT OPPORTUNITY
Bidder, by submission of this quotation represents:
The undersigned has _, has not _, participated in a previous contract or subcontract subject
to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order
No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has _, has not
_ filed all required compliance reports; and that representations indicating submission of the required
compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The
above representation need not be submitted in connection with contracts or subcontracts which are exempt
from the clause.)
AFFIRMATIVE ACTION
The bidder represents that (a) it has _ developed and has on file, has not __ developed and does not
have on file, at each establishment an affirmative action program as required by the rules and regulation of
the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not _ previously had contracts subject to
written affirmative action program requirements of the rules and regulations of the Secretary of Labor.
AMERICANS WITH DISABILITIES ACT
The contractor represents and certifies the following as part of its offer:
By submission of an offer, the bidder certifies that it complies with the American with Disabilities Act, 42
U.S.C., and 12101 et. seq., and will maintain compliance throughout the life of the Contract. By commencing
performance of the Contract work, the selected contractor certifies to the American with Disabilities Act
compliance.
COPELAND ANTI-KICKBACK
By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled
"Anti-Kickback Procedures" as stated in 24 CFR part 85.36 as follows:
All contracts and subcontracts for construction or repair shall include a provision for compliance with the
Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part
3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled.
By submission of this bid, the bidder attests that neither it nor any of its employees has performed or
participated in any prohibited actions, as defined in this provision.
BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
This certification applies to those contractors who apply for award of bid of $100,000 or more:
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to any person
or organization for influencing or attempting to influence an officer or employee of any agency, a member of
Murray Park Community Pool RFP 91
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the reCipient.
FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICIPATES BEING
OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEPARTMENT BY THE FEDERAL
GOVERNMENT, STATE OF FLORIDA, OR MIAMI-DADE COUNTY AT TIME OF AWARD.
This certification applies to a contract or subcontract in excess of $25,000
By submission of an offer, the bidder certifies that it has provided full disclosure in writing to
_________ (name of implementing agency) whether as of the anticipated time of award
of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred, or
proposed for department by the Federal Government, State of Florida, or Miami-Dade County.
By commencing performance of the Contract work, the selected contractor certifies that it has made full
disclosure in writing to (name of implementing agency) as to whether as of the
time of award it or any of its principals is debarred, suspended, or proposed for department by the Federal
Government, State of Florida, or Miami-Dade County.
NONDISCRIMINATION CLAUSE
Section 109, Housing and Community Development Act of 1974
No person in the United States shall on the ground of race, color, national origin or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds available under Section 109, Housing and Community Development
Act of 1974.
Murray Park Community Pool RFP 92
AGE DISCRIMINATION ACT OF 1975, AS AMENDED
Non Discrimination on the Basis of Age
No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or activity which receives or benefits from
Federal assistance.
SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
Non-discrimination on the Basis of Handicap
No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied
the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or
benefits from Federal assistance.
By:
Print:
Title:
Date:
Business Address:
Murray Park Community Pool RFP 93
CERTIFICATION REGARDING
DRUG·FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, subpart F, for
grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620-
The applicant certifies that it will or will continue to provide a drug-free workplace by:
Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
Establishing an on-going drug-free awareness program to inform employees about:
The dangers of drug abuse in the workplace;
The grantee's policy of maintaining a drug-free workplace;
Any available drug counseling, rehabilitation, and employee assistance programs; and
The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
Making it a requirement that each employee to be engaged in the performance of the grant be given a copy
of the statement required by paragraph (a);
Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will
Abide by the terms of the statement; and
Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction;
Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2)
from an employee or otherwise receiving actual notice of such conviction
Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2),
with respect to any employee who is so convicted
Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (n.
The Grantee may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Murray Park Community Pool RFP 94
Check D if there are workplaces on file that are not identified here.
Name of Bidder
Authorized Signature
Date
Official Address (including Zip Code)
Murray Park Community Pool RFP 95
ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968)
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER
INCOME PERSONS
The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be given to lower income residents of the
project area and contracts for work in connection with the project be awarded to business concerns which
are located in or owned in substantial part by persons residing in the area of the project.
Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the
provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135
(published in 38 Federal Register 29220, October 23,1973), and all applicable rules and orders of the Secretary
issued thereunder prior to the execution of this (contract) (agreement). The requirements of said regulations include
but are not limited to development and implementation of an affirmative action plan for utilizing business concerns
located within or owned in substantial part by persons residing in the area of the project; the making of a good faith
effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3;
and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work
in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other
disability which would prevent it from complying with these requirements.
Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and
orders of the Secretary issued thereunder prior to approval by the Government of the application for this (contract)
(agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the
(applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant)
(recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract)
(agreement), and to such sanctions as are specified by 24 CFR Section 135
APPLICANT:
SIGNATURE:
ADDRESS:
DATE:
Murray Park Community Pool RFP 96
SECTION 3 REQUIREMENTS
ASSURANCE STATEMENT
Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the
attached Section 3 Assurance of Compliance.
AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES
Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3
covered contract shall develop and implement an affirmative action plan, which shall:
Set forth the approximated number and dollar value of all contracts proposed to be awarded to all
businesses within each category (type or profession) over the duration of the Section 3 covered project.
Analyze the information set forth in paragraph (a) and the availability of eligible business concerns within the project
area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target
number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within
each category over the duration of the Section 3 covered project.
Outline the anticipated program to be used to achieve the goals for each business and/or professional category
identified. This program should include but not be limited to the following actions:
Insertion in the bid documents, if any, of the affirmative action plan of the applicant, recipient, contractor, or
subcontractor letting the contract; and
Identification within the bid documents, if any, of the applicable Section 3 project area.
Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or
through locally utilized media.
BIDDING AND NEGOTIATION REQUIREMENTS
Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered
projects to provide, prior to the signing of the contract, a preliminary statement of work force needs (skilled, semi-
skilled, unskilled labor and trainees by category) where known; where not known, such information shall be supplied
prior to the signed of any contract between contractors and their subcontractors. Consideration should be given to
those contractors who will have training and employment opportunities for project area residents.
When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall advise prospective
contractors of the requirements of these regulations.
Applicant, recipient and contractors should insert plan for utilization of project area business in the bid documents.
The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All
contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit
themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be
evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which
lacks a goal or plan to reach a goal may be judged nonresponsive.
Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance
are made a part of all contracts.
Murray Park Community Pool RFP 97
In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good
faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible
businesses and entrepreneurs within each category over the duration of the Section 3 covered project.
UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES
Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project
shall make a good faith effort to fill all vacant training and occupational category positions with lower income project
area residents.
Murray Park Community Pool RFP 98
SECTION 3 CLAUSE
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S. C. 170lu (section 3). The purpose of section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by
section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3.
As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the part 135 regulations.
The contractor agrees to send to each labor organization or representative of workers with which the contractor has a
collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and employment positions can
see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in
24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in
this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
The contractor will certify that any vacant employment positions, including training positions, that are filled
(1) after the contractor is selected but before the contract is executed, and (2) with persons other than those
to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled
to circumvent the contractor's obligations under CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and department or suspension from future HUD assisted contracts.
Murray Park Community Pool RFP 99
BIDDER'S INITIAL SECTION 3 GOALS
The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as
amended.
The Bidder estimate that there will be new employees hired during the performance of this contract.
Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs
(skilled, semiskilled, unskilled, labor, and trainees) by category.
Of these new employees, the Bidder plans to hire at least __ percent (%) from the Section 3 Covered
Area (Dade County, Florida).
The Bidder estimates that percent (%) of those materials purchased for use on this project will be
from business located in the Section 3 Covered Area (Dade County, Florida)
I, (please print), as an authorized Officer of the Bidder, do hereby
acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban
Development Act of 1968, as amended, and will abide by them. We further agree to abide by this Affirmative
Action Plan to the greatest extent feasible and realize that should we be awarded the contract, it becomes
subject to monitoring for compliance with this plan by Miami-Dade County Office of Community and
Economic Development.
Authorized Signature
Title
Company
Employer (IRS) ID#
Date
Murray Park Community Pool RFP 100
CERTIFICATION REGARDING
DEPARTMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER
COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below.
The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or department.
The prospective lower tier participant shall provide immediate written notice to the person to whom this
proposal is submitted if at anytime the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal and voluntarily excluded, as used in this clause,
have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order
12549. You may contract the person to which this proposal is submitted for assistance in obtaining a copy
of those regulations.
The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
titled "Certification Regarding Department, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier
Covered Transaction, without modification, in all lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or department.
Murray Park Community Pool RFP 101
CERTIFICATION
REGARDING DEPARTMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER
TIER TRANSACTIONS
By submission of the proposal, the prospective lower tier participant certifies, that:
Neither it nor its principals is presently debarred, suspended, proposed for department, declared
ineligible, or voluntarily excluded from participation in this transaction, by any Federal department
or agency.
Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
By:
Print:
Title:
Date:
Business Address:
Murray Park Community Pool RFP 102
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246
In carrying out the contract, the contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative
action to insure that applicants for employment are employed, and that employees are treated during
employment, without regard to their race, color religion, sex, or national origin. Such action shall include, but
not limited to, advertising; layoff or termination; rates of payor other forms of compensation; and selection
for training, including apprenticeship. The contractor shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the Government setting for the
provisions of the nondiscrimination clause. The contractor shall state that all qualified candidates will
receive consideration for employment without regard to race, color, religion, sex, or national origin.
By:
Print:
Title:
Date:
Business Address:
Murray Park Community Pool RFP 103
EQUAL OPPORTUNITY
FOR SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
The contractor will not discriminate against any employee or applicant for employment because he or she is a
disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for
employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and
otherwise treat qualified individuals without discrimination based on their status as a special disabled veteran or
veteran of the Vietnam era in all employment practices, including the following:
recruitment, advertising, and job application procedures;
hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and
rehiring;
rates of payor any other form of compensation and changes in compensation;
job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority
lists;
leaves of absence, sick leave, or any other leave;
fringe benefits available by virtue of employment, whether or not administered by the contractor;
selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687,
professional meeting, conferences, and other related activities, and selection for leaves of absence to pursue training;
activities sponsored by the contractor including social or recreational programs; and
any other term, condition, or privilege of employment.
The contractor agrees to immediately list all employment openings which exist at the time of the execution of this
contract, including those not generated by this contract and including those occurring at an establishment of the
contractor other that the one wherein the contract is being performed, but excluding those of independently operated
corporate affiliates, at an appropriate local employment service office of the state employment security agency
wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank
shall satisfy the requirement to list jobs with the local employment service office.
Listing of employment openings with the employment service office pursuant to this clause shall be made at least
concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which
attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non-veterans. The
listing of employment openings does not require the hiring of any particular job applicants or from any particular group
of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or
regulations regarding nondiscrimination in employment.
Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it
shall advise the employment service agency in each State where it has establishments of the name and location of
each hiring location in the state: Provided, that this requirement shall not apply to state and local governmental
contractors. As long as the Contractor is contractually bound to these provisions and has so advised that state
agency, there is no need to advise the state agency of subsequent contracts. The Contractor may advise the state
agency when it is no longer bound by this contract clause.
The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur
and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the
Virgin Islands.
As used in this clause:
All employment openings includes all positions except executive and top management, those positions that will be
Murray Park Community Pool RFP 104
filled from within the contractor's organization, and positions lasting three days or less. This term includes full-time
employment, temporary employment of more that three days' duration, and part time employment.
Executive and top management means any employee: (a) whose primary duty consists of the management of the
enterprise in which he or she is employed or of a customarily recognized department of subdivision thereof; and (b)
who customarily and regularly directs the work of two or more other employees therein; and (c) who has the authority
to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the
advancement and promotion or any other change of status of other employees will be given particular weight; and (d)
who customarily and regularly exercises discretionary powers; and (e) who does not devote more than 20 percent, or,
in the case of an employee or a retail or service establishment who does not devote as much as 40 percent, of his or
her hours of work in the work week to activities which are not directly and closely related to the performance of the
work described in (a) through (d) of this paragraph 6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the
case of an employee who is in sole charge of an independent branch establishment, or who owns at least a 20-
percent interest in the enterprise in which he or she is employed.
Positions that will be filled from within the contractor's organization means employment openings for which no
consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and
parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall"
lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of
his or her own organization.
The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor
issued pursuant to the Act.
In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-
compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the Act.
The Contractor agrees to post in conspicuous places, 'available to employees and applicants for employment, notices
in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, Director,
provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well
as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified
employees and applicants who are special disabled veterans or veterans of the Vietnam era. The contractor must
ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice
(e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that
it might be read by a person in a wheelchair).
The Contractor will notify each labor union or representative of workers with which it has a collective bargaining
agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended, and is committed to take affirmative action to employ and
advance in employment qualified special disabled veterans and veterans of the Vietnam era.
The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more
unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may
direct to enforce such provisions, including action for non-compliance.
By:
Print:
Title:
Murray Park Community Pool RFP 105
Date:
Business Address:
Murray Park Community Pool RFP 106
EQUAL OPPORTUNITY
FOR WORKERS WITH DISABILITIESS
The contractor will not discriminate against any employee or applicant for employment because he or she is
a physical or mental disability in regard to any position for which the employee or applicant for employment
is qualified. The contractor agrees to take affirmative action to employ, advance in employment and
otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental
disability in all employment practices, including the following:
Recruitment, advertising, and job application procedures;
Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from
layoff and rehiring;
Rates of payor any other form of compensation and changes in compensation;
Job assignments, job classifications, organizational structures, position descriptions, lines of progression,
and seniority lists;
Leaves of absence, sick leave, or any other leave;
Fringe benefits available by virtue of employment, whether or not administered by the contractor;
Selection and financial support for training, including apprenticeship, professional meetings, conferences,
and other related activities, and selection for leaves of absence to pursue training;
Activities sponsored by the contractor including social or recreational programs; and
Any other term, condition, or privilege of employment.
The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor
issued pursuant to the Act.
In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-
compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the Act.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract
Compliance Programs, provided by or through the contracting officer. Such notice shall state the rights of
applicants and employees as well as the contractor's obligation under the law to take affirmative action to
employ and advance in employment qualified employees and applicants with disabilities. The contractor
must ensure that applicants or employees with disabilities are informed of the contents of the notice (e.g.,
the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so
that it might be read by a person in a wheelchair).
The Contractor will notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section
503 of the Rehabilitation Act of 1973, as amended, and is committed to take affirmative action to employ and
advance in employment individuals with physical or mental disabilities.
The Contractor will include the provisions of this clause in every subcontract or purchase order in excess of
$10,000, unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of
the Act, as amended, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance
Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action
Murray Park Community Pool RFP 107
for non-compliance
By:
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Title:
Date:
Business Address:
Murray Park Community Pool RFP 108
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
60-4.2 (d) THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for
the Contractor's aggregate workforce in all trades on all construction work in the covered area, are as
follows:
A. GOALS FOR MINORITY UTILIZATION, All Trades:
Area Covered: Dade County, Florida
Goals and Timetables *
Timetable
Until Further Notice
Trade
All
GOALS FOR FEMALE UTILIZATION, All Trades:
Area Covered: Goals for Women apply nationwide.
Goals and Timetables *
Timetable
Until Further Notice
Trade
All
Goal
39.5%
Goal
6.9%
THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK CONTRACTORS (WHETHER
OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA.
Murray Park Community Pool RFP 109
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required
by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the
geographical area where the contract resulting from this solicitation is to be performed. The hours of
minority and female employment and training must be substantially uniform throughout the length of the
contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction subcontract in excess of
$10,000, at any tier for construction work under the contract resulting from this solicitation. The notification
shall list the name, address and telephone number of the subcontractor, employer identification number,
estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and
the geographical area in which the contract is to be performed.
4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is
___________ (insert description of the geographical areas where the contract is to be
performed giving the state, county and city, if any).
60-4.3 (a) EQUAL OPPORTUNITY CLAUSE
During the performances of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of payor other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this Equal Opportunity Clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the
labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive Order 11246 of
Murray Park Community Pool RFP 110
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto,
and will permit access to his books, records and accounts by HUD and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or
with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in
whole or in part and the Contractor may be declared ineligible for further contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the statement preceding subparagraph (1) and the provisions of
subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 20 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as HUD many direct as a
means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the
event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a
result of such direction by HUD, the Contractor may request the United States to enter into such litigation to
protect the United States.
Murray Park Community Pool RFP III
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract
resulted.
b. "Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority.
c. "Employer Identification number" means the Federal Social Security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. "Minority" includes:
-Black (all persons having origins in any of the Black African racial groups not of Hispanic origin).
-Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish
Culture or origin regardless of race).
-Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
-American Indian or Alaskan Native (all persons having origins in any of the original peoples of North
America and maintaining identifiable tribal affiliations through membership and participation or community
identification) .
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $1 0,000, the
provisions of these specifications and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the
U.S. Department of Labor in the covered area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with
that Plan for those trades which have unions participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each
Contractor or Subcontractor participating in an approved Plan is individually required to comply with its
obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in
each trade in which it has employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor or
Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a
Murray Park Community Pool RFP 112
through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female
utilization the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. The Contractor is expected to make substantially uniform progress toward
its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom
the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order 11240, or the regulations promulgated
pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the
goals, the Contractor must employ such apprentices and trainees during the training period, and the
Contractor must have a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be trained in training
programs approved by U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve
maximum results from its actions. The Contractor shall document these efforts fully, and shall implement
affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all
sites, and in all facilities at which the Contractor's employees are aSSigned to work. The Contractor, where
possible, will assign two or more women to each construction project. The Contractor shall specifically
ensure that all foremen, superintendents, and ocher on-site supervisory personnel are aware of and carry
out the Contractor's obligation to maintain such a working environment, with specific attention to minority or
female individual working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the Contractor
or its unions have employment opportunities available, and maintain a record of the organizations'
responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female
off-the-street applicant and minority or female referral from a union, a recruitment source of community
organization and of what action was taken with respect to each such individual. If such individual was sent to
the union hiring hall for referral and was not referred back to the Contractor by the union, if referred, not
employed by the Contractor, this shall be documented in the file with the reason therefore, along with
whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or
woman sent by the Contractor, or when the Contractor has other information that the union referral process
has impeded the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship and trainee
programs relevant to the Contractor's employment needs, especially those programs funded or approved by
Murray Park Community Pool RFP 113
the Department of Labor. The Contractor shall provide notice of these programs to the sources complied
under (7) b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by
including it in any policy manual and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all
minority and female employees at least once a year; and by posting the company EEO policy on bulletin
boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other
employment decisions including specific review of these items with onsite supervisory personnel such as
Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and place of these meetings, persons attending,
subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification to and
discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor
does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations,
to schools with minority and female students and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and employment needs. Not later than one month
prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment
source, the Contractor shall send written notification to organizations such as the above, describing the
openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and female
youth both on the site and in other areas of a Contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR Part 60-3.
I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel
for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate
training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel practices,
do not have a discriminatory effect by continually monitoring all personnel and employment related activities
to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried
out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single-
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations or offers for subcontracts from minority and
Murray Park Community Pool RFP 114
female construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or
more of their affirmative action obligations (7) a. through (7) p. The efforts of a contractor association, joint
contractor-union, contractor-community, or other similar group of which the contractor is a member and
participant, may be asserted as fulfilling anyone or more of its obligations under (7) a. through (7) p. of
these Specifications provided that the contractor actively participates in the group, makes every effort to
assure that the group has a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the Contractor's minority and female
workforce participation, makes a good faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative action for
all minority groups, both male and female, and all women, both minority and non-minority. Consequently,
the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and
of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts
as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out
such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If
the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or
these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof
as may be required by the Government and to keep records. Records shall at least include for each
employee the name, address, telephone numbers, construction trade, union affiliation if any, employee
identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice,
Murray Park Community Pool RFP 115
trainee, helper, or laborer}, dates of changes in status, hours worked per week in the indicated trade, rate of
pay, and locations at which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws that
establish different standards of compliance or upon the application of requirements for the hiring of local or
other area residents (e.g., these under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
Murray Park Community Pool RFP 116
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid in whole or in part with funds obtained from the Federal Government or borrowed
on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or
undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the following equal employment opportunity clauses:
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their race, color, religion,
sex or national origin; such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms
of compensation; and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous place, available to employee and applicants for employment, notices to be provided setting
forth the provision of this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive considerations for employment without regard to
race, color, religion, sex or national origin.
The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement to other contract or understanding, a notice to be provided advising the said labor
union or worker's representatives of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules regulations, and relevant orders of the Secretary of Labor.
Murray Park Community Pool RFP 117
Page 2
Equal Employment Opportunity Clause
For Contractors Subject to Executive Order 11246
The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations and orders.
In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with
any of such rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole
or in part and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
The contractor will include the portion of the sentence immediately preceding paragraph 1 and the
provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontractor or purchase order as the contracting
agency may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
By:
Print: ______________ _
Title:
Date:
Business Address:
Murray Park Community Pool RFP 118
CERTIFICATION OF NON-SEGREGATED FACILITIES
"Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation,
and housing facilities provided for employees, that are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or
otherwise.
By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for
its employees any segregated facilities at any of its establishment, and that it does not and will not
permit its employees to perform their services at any location under its control where segregated
facilities are maintained. The bidder agrees that a breach of this certification is a violation of the
Equal Opportunity clause of the contract.
By submission of the bid, the bidder, further agrees that (except where it has obtained identical
certifications from proposed subcontractors for specific time periods) it will:
Obtain identical certifications from proposed subcontractors before the award of subcontracts
under which the subcontractor will be subject to the Equal Opportunity clause;
Retain such certifications in its files; and
Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF
REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed
subcontractors.
By commencing performance of the Contract work, the selected contractor certifies to the
Nonsegregated Facilities provisions above.
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001
By: _____________________ _
Print: _______________ _
Title:
Date:
Business Address:
Murray Park Community Pool RFP 119
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON
SEGREGATED FACILITIES
A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19,
1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the
award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity
Clause. The certification may be submitted either for each subcontract or for all subcontracts during a
period (Le., quarterly, semiannually, annually).
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001
By:
Print:
Title:
Date:
Business Address:
Murray Park Community Pool RFP 120
NOTICE OF REQUIREMENT
CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738
AND EPA REGULATIONS PROVISION
This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the
Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time.
The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of
$100,000, agree to the following requirements:
Any facility to be utilized in the performance of this proposed contract has ( ), has not ( ) been listed on the
Environmental Protection Agency List of Violating Facilities;
The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the
Clean Air Act, as amended (421SC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as
amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all
other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued
thereunder;
The contractor or any of its subcontractors agree that, as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director, Office of Federal Activities, Environmental
Protection Agency (EPA) indicating that a facility utilized or to be utilized for the contract is under
consideration to be listed on the EPA list of Violating Facilities; and
The Contractor or any of its subcontractors agree that he will include or cause to be included the criteria and
requirements in paragraph 1 through 4 of this section in every nonexempt sub-contract and that the
Contractor will take such action as the Government may direct as a means of enforcing such provisions.
Name of Bidder
Authorized Signature
Date
Official Address (including Zip Code)
Murray Park Community Pool RFP 121
CERTIFICATION OF COMPLIANCE
WITH FEDERAL REGULATIONS
The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued
pursuant to the clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) as amended and with the Lead-Based Paint Poisoning Prevention Act (Public Law
91-695). All applicable rules and orders of the Federal Government issued there under prior to the
execution of the contract, shall be binding upon the prime bidder, its subcontractors, and assignees.
Violations by contractors will be reported to the U.S. Department of Housing and Urban Development and
the Regional Office of the Environmental Protection Agency.
Name of Bidder
Signature
Date
Official Address (including Zip Code)
Murray Park Community Pool RFP 122
CERTIFICATION REGARDING
DEPARTMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Department and Suspension, and implemented at 28 CFR Part 67,
for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510-
The applicant certifies that it and its principals:
Are not presently debarred, suspended, proposed for department, declared ineligible, sentenced to a denial
of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any
Federal department or agency;
Have not within a three-year period preceding this application been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
Have not within a three-year period preceding this application had one or more public transactions (Federal,
State, or local) terminated for cause or default; and
2. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
Name of Bidder
Signature
Date
Official Address (including Zip Code)
Murray Park Community Pool RFP 123
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
1. This form statement is submitted to __________________ _
by _________________________________________ _
(Print individual's name and title)
fur ________ ~---~-~~--~-~---------
(Print name of entity submitting sworn statement)
whose business address is ____________________ ___
and if applicable its Federal Employer Identification Number (FEIN) is If the entity has not FEIN,
include the Social Security Number of the individual signing this sworn statement.
I understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statues, means a
violation of any state or federal law by a person with respect to an directly related to the transactions of
business with any public entity or with an agency or political subdivision of any other state or with the United
States, including, but not limited to any bid or contract for goods or services to be provided to public entity or
agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misinterpretation.
I understand that "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 an federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a
result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "Affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes means:
A predecessor or successor of a person convicted of a public entity crime, or
An entity under the control of any natural person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in another person, or a pooling of
equipment or income among persons when not for fair market value under an arm's length agreement, shall
be a prima facie case that one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statues, means any natural person
or entity organized under the laws of any state or of the United States within the legal power to enter into a
binding contract and which bids or applies to bid on contracts for the
provision of goods or entity. The term "person" includes those officers, 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. (Please indicate which statement applies.)
____ Neither the entity submitting sworn statement, nor any of its officers, director, 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 1,
Murray Park Community Pool RFP 124
1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public
entity crime subsequent to July 1,1989, AND (please indicate which additional statement applies.
___ The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent
proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings
and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the
entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT
THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDE,D IN SECTION 287.017 FLORIDA STATUTES
FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this ____ day of _________ ., 20_.
Personally known _______________________ _
Or produced identification _________ Notary Public-State of ____ _
My commission expires ____ _
(Type of identification)
(Printed, typed or stamped
commissioned
name of notary public)
Murray Park Community Pool RFP 125
ADDENDUM NO. I
Project Name: City of South Miami MURRAY PARK COMMUNITY POOL
RFP-NO. SM -PW20 I 0-1 0
Date: August 3 I, 20 I 0
Sent: E-mail/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously
issued BID Documents, and is hereby made part of the BID Documents. All
requirements of the BID Documents not modified herein shall remain in full force and
effects as originally set forth. Receipt of this Addendum shall be acknowledged on the
Bid Form.
Additional Information Requested:
I) Sealed proposals will be received at the City Clerk Office, City of South
Miami 6130 Sunset Drive, South Miami, Florida 33143, until 10:00 a.m.,
Friday, September 3, 20 I 0 for Murray Park Community Pool to be located at
5800 SW 66th Street, South Miami, Florida 33143.
Sealed proposals due date has been extended to September 10, at I I :00 AM
ADDENDUM NO.2
Project Name: City of South Miami MURRAY PARK COMMUNITY POOL RFP-NO.
SM -PVV20 I 0-1 0
Date: September 2, 20 I 0
Sent E-maillwebpage
This addendum submission is issued to clarify, supplement and/or modify the previously
issued BID Documents, and is hereby made part of the BID Documents. All
requirements of the BID Documents not modified herein shall remain in full force and
effects as originally set forth. Receipt of this Addendum shall be acknowledged on the Bid
Form.
Murray Park Pool Pre Bid Meeting
Questions & Answers
1. Is there a proposed budget for the project?
2.5 million
2. Are there any surprises on the excavation?
Will provide surveys
3. Will surveys and documentations related to the site be provided?
Yes
4. Will the Sign-In sheet of Pre-Bid Conference be emailed to applicants?
Yes
5. What is the Public Works Director's Name?
Fritz Armand
6. In regards to budget how environmentally green does the pool have to be? Are
there any criteria's?
Work within RFP budget to meet the first level of LEED certification.
7. As for the parking, is there a variance in place for the pool?
No
8. Is the RFP package online?
Yes
9. Is splash scheme mentioned, selection criteria, free form competition?
Refer to the RFP
10. Is there a time length for funding?
A portion of the funding must be utilized by December 31, 20 I 0
11. Would like to see any diving platforms? No
12. Can you describe the type of pool desired, curves vs. competition?
A curved recreational pool, with capacity for lap lanes.
13. Are they looking for a pool concept without dimensions?
Please provide dimensions
14. Will the utilities information of the site be provided? Are there any connection
points?
May need water and sewer extension. Contractor must check with Miami Dade
W ASD for water and sewer availability.
15. Do you want a stand alone building?
Yes
16.ls there a disqualification if you add another elevation to the design?
Provide three elevations, as stated in the RFP
17. Will lot size be available? Refer to the survey
18. Will there be a six month approval period or does the project have to be
completed in six months?
19. Will the proposed budget be firm or hard bid? No
20. Do you want prices to be broken down by phases? Yes
21. What will be the pool's hours and days of operation?
Monday through Friday: I I am -8pm.
Saturday/ Sunday: I pm-5pm
The facility will include night time events. The rental period will be from 6pm-
9pm.
22. Will the pool deck to be lighted; do you want under water lights? yes
23. Would the city like a timing system or score board in to the design? No
24. What are the standards of the pool? Standards will change in depth, 3-5 feet.
25. Will it be standard metric? No
26. Will the city want to hire a pool professionaVspecialist? Yes
27. Was there a previous building on site? Yes
28. Will Geo-tech services be provided? Yes
29. Will the pool continue into the green space? Is that a criterion to follow?
No, it will not
30. Is there a variance for public transportation? No
31. Have there been fire flow tests at the site? No
32. When is the deadline for questions?
Friday August 27, 20 I 0
33. Will the soccer field and basketball courts be moved? Yes
34. Can solar panels be added to heat the pool? Yes
35. Can there be lighting inside and outside of the pool? Yes
36. Will the project teams need a pool consultant? The firms are free to consult with a
pool consultant, but are not required to have one on the team.
37. Will you need the pool heated year round? During winter.
38. Would the City like for the applicants to stay within the designated location? Yes
39. What type of pool would the city like? Since Aquatic center is looked at as a
Venetian pool? A passive vs. water park feel?
Stick to RFP guidelines
40. Will the permit fee or impact fee be included in the package, or will it be
reimbursed?
Provide the permit fees as a separate, reimbursable line item in the proposal.
ADDENDUM NO.3
Project Name: City of South Miami MURRAY PARK COMMUNITY POOL RFP-NO.
SM-PW2010-10
Date: September 8, 20 I 0
Sent E-maillwebpage
This addendum submission is issued to clarify, supplement and/or modify the previously
issued BID Documents, and is hereby made part of the BID Documents. All
requirements of the BID Documents not modified herein shall remain in full force and
effects as originally set forth. Receipt of this Addendum shall be acknowledged on the Bid
Form.
Murray Park Pool Pre Bid Meeting
Questions & Answers
Addendum # 3
1. Is 100% of the heating for the pool to be provided with solar collectors~ Yes
2. To what temperature does the water need to be heated~ 80° Fahrenheit, from
May to October
3. Is a code minimum toilet room count acceptable for the pool toilet facility~ Yes
4. Does the toilet facility require air conditioning~ No, may implement louvers and
fans
5. Does anything else require air conditioning~ No
General Comments
1. Use passive cooling for bathroom with louvers and fans
2. integrate a pavilion, include fans
3. There needs to be a controlled entrance
4. Include a splash area for small children
5. Consider a lightning fence for the pool
6. Security system to indicate unauthorized use at night
7. Please provide a proposed schedule allowing for community input in design
8. Apply shade over the Children's area
9. Incorporate many colors.
10. City of South Miami will no longer be accepting any more questions in
reference to this RFP effective 09/08/10 5:00 PM
Additional Information posted on line
Survey
Geotechnical Report
Project area for Murray Pool
ADDENDUM NO.4
Project Name: City of South Miami MURRAY PARK COMMUNITY POOL RFP-NO.
SM-PNlOIO-IO
Date: September 15, 20 I 0
Sent E-maiVwebpage
This addendum submission is issued to clarify, supplement and/or modify the previously
issued BID Documents, and is hereby made part of the BID Documents. All
requirements of the BID Documents not modified herein shall remain in full force and
effects as originally set forth. Receipt of this Addendum shall be acknowledged on the Bid
Form.
Response to RFl's from Veitia Padron Incorporated. RFI questions numbered below as
presented in initial request.
Sealed proposals due date has been extended to September 17, at 10:00
AM
I. Please provide geotechnical report for the proposed site.
Answer: Already available online
2. Please provide underground utility location (ground penetration radar) plan for the
proposed site.
Answer: Contact MOC WASO
3. Please provide the site elevation and survey for the proposed site.
Answer: This has been posted online
4. Please provide environmental report for the proposed site.
Answer: Only geotech report is available
5. How soon in advance of the submission date are we to receive a " Design Criteria
Package" with "legal description of the site, survey information concerning the site,
interior space requirements, material quality standards, schematic layouts and
conceptual design criteria of the project, cost of the budget estimates, design and
construction schedules, site development requirements, provisions for utilities,
stormwater retention and disposal, and parking requirements applicable to the
project" per the state Consultants competitive Negotiation Act 287.055(2)(j) and
287.055(9)( c)? Please see attached link: http://fleng.org'/fice/ficeccna.cfm
Answer: Pertaining information has already been provided
6. Are you asking for a definitive "Hard Bid" in the RFP or just an "Order of
Magnitude" number? The RFP seems to conflict itself on this point.
Answer: Price should depend on proposed design
7. What are the dimensions of the Limits of Construction on the site?
Answer: See aerial and survey
8. Have the points of connection for utilities on the site been established?
Answer: Please check with WASD for utility locations
9. Have fire-flow test results been obtained? No. Is fire flow sufficient? Are additional
hydrants required?
Answer: Per due diligence of the contractor.
10. Is there additional parking required for this project, or is the existing parking
deemed sufficient?
Answer: A certain amount should be provided.
I I. Is there a drop-off area required?
Answer: No
12. What is the duration of the project Construction Schedule including design?
Answer: The duration should be within 360 days. See item # 49 from
previously answered questions.
13. Is the City determined to have solar pool heating? (Please be aware that the area
for solar panels is typically I Y2 times the area of the pooL .. probably well in excess
of your total combined roof area. Solar panels are also subject to vandalism.)
Optional 'green' heating sources include Geothermal Heating, although the initial
cost of installation is greater.
Answer: Rooftop of proposed structure (pavilion) may be considered as
area for installation of solar panels.
14. Is there a minimum pool size required?
Answer: Proposed design should accommodate section 5 paragraph 2.1 of
RFP.
15: In the Pre-Bid Conference it was stated that the City desires a "splash pad" or
"spray deck." We can find no reference to these items in the RFP. Is this required?
If so, please offer specifics regarding numbers and types of spray features.
Answer: Refer to page 12, third bullet point of RFP. The design should
include a splash area.
16. Do we correctly assume that this facility will be required to be designed with "LEED
as a guideline," but will not require formal LEED certification? (There is no LEED
certification criteria for swimming pools at this time. LEED certification for just the
building would add tens of thousands of dollars to the project cost, just for the
certification process.
Answer: Refer to page 12. Include sustainable features.
17. Page 5, Item 37 states that the City will, "hire a consultant to operate the pool as
well as advise the design/build team on the most economical design." If a "Hard
Bid" is being requested in response to the RFP, the act of "advising the ... most
economical design" by the City'S consultant will already be after the fact. Please
clarify.
Answer: Item # 37 is self explanatory.
18. Will any cooking be done at the Concession Stand (if so, this requires two
underground grease traps and possible a exhaust hood with a built-in fire
extinguishing system ... again adding tens of thousands of dollars to the scope of
work.
Answer: No there will be no grease cooking.
19. If a vendor is to operate the concession stand, is it correct to assume that he/she
will provide and install all kitchen appliances, if any?
Answer: Yes
20. No square footages are given for any of the spaces in the facility. Can you clarify
please what rooms are requested, and their minimum square footages?
Answer: Refer to RFP
21. Are lockers and locker room benches required? If so, what type, quantity, and
construction (metal, phenolic)?
Answer: Yes
22. Is a Lifeguard office and Clinic space required? Pool Director's office?
Answer: Yes. Space may be consolidated, separated by a wall or partition.
23. Is a pool storage space required? Is so, how big?
Answer: Yes, I 0' x 12'
24. What additional pool deck appurtenances are reqUired? Life Guard stands? Lane
floats? Reels?
Answer: Wheel chair ramp or lift
25. Although the RFP calls for accommodation for "competitive swimming", please verify
that there are to be no racing dive starting platforms in the program, nor diving
boards. Please confirm that accommodation for "competitive swimming" essentially
means marked (with tile striping) lap lanes.
Answer: No competition lanes. Removable lap lanes
26. Please, confirm if the builders risk insurance is to be provided by the Contractor?
Answer: Yes