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RDC Submittal RFP PR2014-15 PlaygroundsPlayground Demolition and New Installation at Four (4) City Parks City of South Miami RFP NO. PR2014-15 Bid Due Date / Submitted to: Tuesday, January 27, 2015 at 10:00am City of South Miami/ Office of City Clerk /City Hall 6130 Sunset Drive, South Miami, FL 33143 Proposal Prepared for: City of South Miami Recreational Design & Construction, Inc. Joseph C. Cerrone, III, President 3990 North Powerline Road, Fort Lauderdale, FL 33309 tel: 954.566.3885 • fax: 954.566.3335 email: Joe@RecreationalDesign.com www.RDCDesignBuild.com DIGITAL COPY Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com RFP #PR2014-15 | Playground Demolition and New Installation at Four (4) City Parks SUBMITTAL DUE: January 27, 2015 at 10 AM CONTENTS PROPOSAL SUBMITTAL CHECKLIST FORM SECTION 1 / BID FORM 1. Bid Form 2. Technical Proposal 3. Manufacture Product Data a. Proposed Equipment Gametime Dominica Recreation b. Alternate 1 Equipment - Miracle of South Florida c. Alternate 2 Equipment - Landscape Structures SECTION 2 / ATTACHMENTS 1. Respondents Qualification Statement a. Home Office Organizational Chart b. Respondent’s Proposed Project Organizational Chart c. Resumes of Proposed Key Personnel 2. Non-Collusion Affidavit 3. Public Entity Crimes and Conflicts of Interest 4. Drug Free Workplace 5. Acknowledgement of Conformance with OSHA Standards 6. List of Proposed Subcontractors and Principal Suppliers 7. Related Party Transaction Verification Form 8. Indemnification and Insurance Documents 9. Signed Contract Documents Joseph C. Cerrone, III, President Recreational Design & Construction, Inc. 3990 North Powerline Road, Fort Lauderdale, FL 33309 tel: 954.566.3885 fax: 954.566.3335 email: Joe@RecreationalDesign.com web: www.RecreationalDesign.com Presented by: Page 10 of 80 Thomas F. Pepe 12-5-14 Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFP. The response shall include the following items: Attachments and Other Documents to be Completed: Check Completed. X Bid Form N/A Proposal/Bid Bond N/A X GPerformance Bond (As a Condition of Award; Not Required With the Submittal) X Respondents Qualification Statement X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X List of Proposed Subcontractors and Principal Suppliers X Related Party Transaction Verification Form X Indemnification and Insurance Documents X Signed Contract Documents (All – including General Conditions and Supplementary Conditions) G Performance Bond: Required as a Condition of Award and Prior to the Contractor Receiving a Notice to Proceed. Not Required with Submittal. Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION X X X X X X X X X X X BID FORM 1.0SECTION Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Since 1993, RDC has been the premiere design/build firm in South Florida for parks, aquatic complexes and sports venues. In fact, we are known as the “premier design-build firm” for parks and recreational facilities in the region. We are proud to have multiple active park projects within Dade County. This project is similar to other parks we have successfully develop most of which involved playgrounds; Doral Meadows Park and Morgan Levy Park for the City of Doral; Little Haiti Park, Grapeland Heights Park and Gibson Park for the City of Miami. Our portfolio gives us extensive experience in site work and specialized building systems. Please check out our credentials, career highlights, our company profile and our website at www.RDCDesignBuild.com. Most recently, we successfully completed The Murray Park Aquatic Center project for the City of South Miami. RDC worked closely with the City to design and deliver a project which utilized community and small business resources, which will serve the City for many years to come. We now have the opportunity to build on that relationship and replicate its success. In reviewing the RFP, we felt it was important to provide the City with two alternate playground options, thereby affording the City the ability to select the playground design it deems most appropriate. We can even mix and match to suit the City’s needs. Our response to the RFP includes playground equipment and designs by one of the top national playground manufacturers, GameTime. We have included, as alternates, playground equipment and designs by premier playground manufacturers; Landscape Structures and Miracle of South Florida. We are confident that, together with the City of South Miami Staff, we can develop a plan for this RFP which meets the City’s needs and exceeds the community’s expectations. Thank you for your time and consideration. We look forward to working with you again. Sincerely, Recreational Design & Construction, Inc. Joseph Cerrone, III, President Principal-in-Charge/Contact Person Over the years, RDC has received numerous facility awards from the DBIA and USTA as well as accolades for outstanding, public, recreational and aquatic facilities. INTRODUCTION LETTER OF INTRODUCTION Page 11 of 80 Thomas F. Pepe 12-5-14 BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1.If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this RFP Package, and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price, within the Contract Time and in accordance with the other terms and conditions of the RFP Package. 2.Respondent accepts all of the terms and conditions of the RFP, Invitation for Proposals and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. Respondent agrees to sign and submit the Contract, if not already submitted, the Bonds, required insurance documents, and other documents required by the RFP, within ten (10) calendar days after the date of the City’s Notice of Award. 3.In submitting this Proposal, Respondent represents that: a.Respondent has examined copies of all the RFP Documents and of the following Addenda, if any (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.Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c.Subsurface conditions: If applicable to this RFP, the Respondent represents that: i.Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii.Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable presumption that the Respondent’s bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the 1 December 22, 2014 2 December 22, 2014 3 December 23, 2014 4 January 8, 2015 5 January 16, 2015 6 January 20, 2015 Page 12 of 80 Thomas F. Pepe 12-5-14 contract, shall not be entitled to a change order for any such condition discovered thereafter. iii.Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv.Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d.Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e.This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4.Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal Price of: LUMP SUM BASE PRICE: dollars and cents $ Alternates: #1 #5 #2 #6 #3 #7 #4 #8 Four Hundred Sixteen Thousand Two Hundred Five dollars and zero cents $416,205 .00 ADD $90,620 ADD $31,099 Page 13 of 80 Thomas F. Pepe 12-5-14 A fee breakdown, if applicable, for each task must be completed in the table shown above. Failure to complete this information shall render the proposal non-responsive. 5.The ENTIRE WORK shall be completed, in full, within 90 days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in the Contract. 6.Communications concerning this Proposal shall be addressed to: RESPONDENT: Address: Telephone: Facsimile: Attention: 7.The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this RFP Package. 8.By submitting this proposal, I, on behalf of the business that I represent, hereby agrees to the terms of the form of contract contained in the RFP package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including any e-mail confirmation, if any. SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION Recreational Design & Construction, Inc. 3990 North Powerline Road, Fort Lauderdale, FL 33309 (954) 566-3885 (954) 566-3335 Joseph Cerrone, III 27 January 15 Recreational Design & Construction, Inc. (954) 566-3885 Joseph Cerrone, III (954) 566-3335 Joe@RecreationalDesign.com President TECHNICAL PROPOSAL 1.2SECTION Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com The goal of our design/build team is to match YOUR vision with the industry’s latest technological advances, materials and processes. TECHNICAL PROPOSAL SCOPE OF WORK Recreational Design and Construction, Inc. (RDC) hereby submits this technical proposal to include all supervision, labor, material, and equipment for the demolition and new installation of four (4) playgrounds at City parks. This technical proposal is based on the following documents: • RFP No. PR2014-15 • Addendum #1 dated 09/11/2013 • Preliminary playground plans prepared by RDC and its sub-contractors. The scope of work includes the following: • Demolition of existing playgrounds at (4) City parks • Installation of new playgrounds at (4) City parks • Installation/refurbishment of safety surface at playgrounds Inclusions: • Boundary Survey as prepared by a licensed land surveyor for inclusion in each permit application • Performance and payment bond and General Liability Insurance • Permit fees as required by agencies outside the City of South Miami • Base bid proposal includes design, manufacture and installation by Gametime. • Playground manufacturer is ISO 9001 Certified. • Playground designer is certified by the National Playground Safety Institute. • Playground Installer is certified by the National Playground Safety Institute. • All proposed equipment, at a minimum, meets the following standards: o ADA-American with Disabilities Act o ASTM- The American Society for Testing Materials o IPEMA- The International Playground Equipment Manufacturers Association • Brewer Park o Remove one (1) existing playground structure o Remove one (1) existing slide play structure and one (1) swing set structure o Install one (1) new playground equipment structure for ages 2-5 o Install one (1) new swing structure • Dante Fascell Park o Remove two (2) existing playground structures o Remove two (2) existing swing set structures o Install one (1) new playground equipment structure for ages 5-12 Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com o Install one (1) new playground equipment structure for ages 2-5 o Install one (1) new swing structure o Install one (1) freestanding play equipment • Fuchs Park o Remove one (1) existing playground structure and Frisbee golf receptacle o Remove existing PIP surface and install new ADA accessible entrance/exit to playground o Install one (1) new playground equipment structure for ages 5-12 • Murray Park o Remove one (1) existing playground structure o Remove one (1) existing swing set structure o Install one (1) new playground equipment structure for ages 5-12 o Install one (1) new swing set structure Exclusions: • Permit fees as required by the City of South Miami. • Builder’s Risk Insurance • CSBE Participation • Site lighting or electrical • Removal, handling and disposal of hazardous and/or unsuitable soil/muck. • Relocation of existing underground utilities. • Site utilities • Plumbing, including drinking fountains, hose bibs and drainage. • Site drainage • Replacement and/or repair of existing chain link fencing and gates. • Concrete sidewalks. • Site furnishings other than the playground structures • Site restoration • Repairs and/or modifications to existing irrigation lines outside of the scope of work Alternate #1: • Playground equipment design, manufacture and installation by Miracle of South Florida. Alternate #2: • Playground equipment design, manufacture and installation by Landscape Structure and Rep Services. MANUFACTURE PRODUCT DATA a. Proposed Equipment Gametime Dominica Recreation b. Alternate 1 Equipment - Miracle of South Florida c. Alternate 2 Equipment - Landscape Structures 1.3SECTION Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com GAMETIME DOMINICA RECREATION 1.3.aSECTION Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com City of South Miami Playground Replacement Proposal from GameTime/Dominica Recreation Products P.O. Box 520700 Longwood, FL 32752-0700 800-432-0162 - drp@gametime.com Compliance Guarantee – IPEMA Certified Playground Components Certified Complies to ASTM F 1487-11 Complies Complies to U.S. CPSC Complies Complies with CPSIA Complies Complies to ADA requirements as of March 15, 2012 Complies Manufacturer meets ISO9001 Certification Certified Manufacturer meets ISO14001 Green Certification Certified Made in USA Certified Certified Designer/Engineer NPSI Certified Certified Installer NPSI Certified Certified Installer Factory Trained & Certified Certified Surfacing Meets all ASTM HIC Criteria Certified Surfacing Meets ADA requirements Certified Years Dominica Recreation Products has represented GameTime 46 Years Other Notes – Upright Size 3.5” Aluminum or Steel Connections Bolt Thru Connections Finished Grade Stickers applied at the factory, not in the field Hardware Stainless Steel Primer Zinc Rich Primer applied to all painted surfaces Warranty Equal or better to ALL manufacturers, if you find better, we will match Liability Insurance $51 Million written on the preferred - Each Occurrence PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Qualifications – GameTime and Dominica Recreation Products are the largest playground supplier in the state of Florida. We install over 250 playgrounds in Florida each year. Sizes range from just a few posts to half million dollar destination playgrounds. We have the experience, understanding, and support staff to handle and complete all playground projects, quickly and efficiently. Installation Notes – Our installer will adhere to the Five Star Plus Installation Program; this guarantees a consistent installation that is documented and verifiable with you. Please note: the time it takes to manufacture this equipment is approx. 24 days from receipt of all order paper work. BONUS OFFER – A GameTime Certified Installer will return after 90 days to inspect, touch up, clean, and address any issues. This is like having an inspection done for you at no charge. Durability and Lifespan – Warranty – GameTime has the leading warranty in the industry: Lifetime on Posts & Hardware and 15 Years on Decks, metal components and plastics. We are confident our warranty is one of the best you will find, but if it is not equal to a company that provided a bid and that is a determining factor, GameTime will match that published warranty’s time and extent, so you can be sure you are getting the BEST warranty available. Special Installation Warranty – GameTime Certified Installer will provide a 3 Year Labor Warranty! This is 300% more than all other companies. So no matter what the issue, for 3 years, GameTime and its installers will address and fix any issue at no cost to you. Customer Service – We offer two dedicated employees at the office at all times to handle parts, discrepancies, issues, as needed. This guarantees immediate response time to your needs. (vs. having to track down a sales person on the road). Note our installation warranty if installation is selected. PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com GameTime felt very strongly that every playground should be different so each playground park has its own character, features and uniqueness. The world is about custom and what appeals to each, it should not be same or a cookie-cutter world. GameTime prides itself on its wide array of product offering, so we are able to make things different and every components is placed for a reason, not just because it fit. We explore play loops, how children would return on the playground, and most importantly how an adult can help and guide their children while they play. As not every child can master the events the first time, it is comfortable design for everyone. Brewer Park – Design Notes We designed a large play deck for many children to congregate, as well as varied climbing activities for the younger age group of 2-5. Both leaning and vertical climbing are present. In addition the slides are varied with the unique Double Rumble & Roll Slide and the curved slide. The most exciting feature at this playground is the Freestanding Playhouse, children will be serving their parents ‘meals’ all day at the counter and store front panel. And feel cozy in the roofed little playhouse. The swings are fully enclosed tot seats and include stainless steel chain. Dante Facell Park – Design Notes The 5-12 playground offers a lot of opportunities for looping patterns and return play events. All climbers have increased level of difficulty as you progress along the playground. Many overhead events to challenge and build muscle, and many opportunities to just explore. This playground will keep the caloric burn count high as the diverse levels will keep everyone challenged. The swings are full sized belt seats and use stainless steel chain. The 2-5 playground is the most unique design of all the parks. It has chain net climbers and lots of variety and does not look like your standard style playground. The younger children will be drawn to its variety of events. The playground also includes a spinning seat, which is very popular for families to play together. The swings are full bucket and include stainless steel chains. PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Fuchs Park – Design Notes This playground is very spread out and will allow more children the opportunity to play at the same time. Of all the playground is has the most challenging activities and the design intent is to work every major muscle group as the children traverse the playground area. This would be an ideal playground for children that like to be very active. In addition the leaf seat is included to offer a spinning sensation which does ‘relax’ children with hyperactivity. Murray Park – Design Notes This playground is similar to Facell Park, however we found it important that each playground be different. As residences visit different parks they should not see the same things. This playground focuses on the most popular items GameTime sells and combines them into a great playground that while it is specifically for 5-12 years old, the challenge level does is not so difficult. This is a great social playground. PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m PR O P O S E D E Q U I P M E N T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com GAMETIME, A PLAYCORE COMPANY 1-800-235-2440 GAMETIME.COM PrimeTime: The new standard in affordable play systems. MAXIMUM PLAY, MAXIMUM PLAY VALUE 3.5” diameter uprights available in aluminum or galvanized steel. Choose from an extensive offering of exclusive components and signature products. Lifetime limited warranty on uprights, posts and hardware! Direct bolt connections with less hardware for easier construction and maintenance. Slip-resistant TuffCladTM deck coatings for increased footing. Entry archways to help direct trafc and prevent inadvertent falls. Tough, baked-on powder coat nish. Combine with Xscape systems to create a tness-inspired hybrid system. IPEMA certied. THE PRIMETIME ADVANTAGE PrimeTime systems offer the most exibility and cost savings for schools, churches and daycares. Wide range of slides, climbers and interactive activities that promote fun and tness. Direct bolt connection offers sleeker lines and cleaner designs. Smaller footprint requires less surfacing, reducing the cost of installation. Highly congurable to meet the developmental needs and play styles of children of all ages Unlike clamp systems, our systems don’t require precise eld measuring and constant maintenance. PrimeTime play structures offer more play value than any comparably-priced play system and the widest range of component options. PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com GAMETIME, A PLAYCORE COMPANY 1-800-235-2440 GAMETIME.COM Improve Your World Thoughtful Design The Right Players Play Research Enriching Children, Enriching Communities Our Design Philosophy PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com GAMETIME, A PLAYCORE COMPANY 1-800-235-2440 GAMETIME.COM We enrich the lives of children and communities through play. Our four “pathways into enriching play” are a holistic approach to play that informs everything we do – from research to thoughtful design, from how we manufacture products to a vision of society that is made better by the power of play. All of our research, engineering and product development are focused on developing the body, mind and imagination of every child. Our slides, stairs, ladders and swings are designed to meet the specific needs of the site where it is installed, and the people who play there. Our playgrounds are built for fun, inclusiveness and to help build great, active communities. We help bring the right players around the table by creating projects and programs that engage business, nonprofit and municipal partners. Four Pathways to Enriching Play Children: Play Research Playgrounds: Thoughtful Design Communities: Improve Your World Partnerships: The Right Players PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com GAMETIME, A PLAYCORE COMPANY 1-800-235-2440 GAMETIME.COM Industry-Leading Product Innovation Premier play systems Designing with sustainable building techniques Creating one-of-a-kind destination playgrounds Full turn-key service capabilities Leading inclusive design capabilities Custom designs to your specifications Going BeyondCompliance Industry Leading Warranty Leading Technology Global Manufacturer of Play Products Computerized factory drilling for ease of installation Patented Direct-bolt connections for strength and durability Electrostatic powder coating for long lasting weather resistance GameTime’s Commitment to Play Design ISO9001 Certified ISO14001 Certified IPEMA CPSC, ASTM, CSA On-site computerized design Zinc rich primer applied to welds to triple shield against rust ADA and Accessibility Guidelines The 7 Principals of Inclusive Playground Design PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com GAMETIME, A PLAYCORE COMPANY 1-800-235-2440 GAMETIME.COM Best-in-ClassCustomer Service Nearly a Century in the Play Industry Local customer service for satisfaction assurance Average tenure of sales consultants: 25 years Average tenure of service consultants: 20 years Nationwide network of GameTime certified installers Making Play Educational Committed to Children and Families Age-appropriate product features on play systems Leading design through child development research Fitness-focused designs Program and education options Sustainable Play Best Practices in Sustainability Recycling programs throughout our facility Reducing waste and reclaiming plastics through efficient manufacturing processes Utilize non toxic materials Member of the U.S. Green Building Council Purchase with confidence on U.S. Communities. The best prices, no hassles, guaranteed. Learn more at gametime.com/usc PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com GAMETIME, A PLAYCORE COMPANY 1-800-235-2440 GAMETIME.COM Compliance on a Global Scale Industry standards set a minimum level that playground manufacturers must meet. We meet or exceed those standards, because we understand that the ultimate playground offers peace of mind as well as thrills. After all, we’re parents too. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) Several key people at GameTime, including our Manager of Compliance and Standards, serve on the ASTM commit- tee that sets the standards for the entire playground industry. GameTime products conform to that standard, ASTM F1487- 07, the Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. CPSC The Consumer Product Safety Commission is an independent agency within the United States Federal Government with the authority to inform the public of current product safety performance information and recommended practices. The CPSC first published their guidelines for public playgrounds in 1981 and have updated their publication since then. The current CPSC Handbook for Public Playground Safety, publication #325, is an excellent guide for owners and operators of public play environments. IPEMA EQUIPMENT CERTIFICATION GameTime is one of the founding members of IPEMA, and several of our people serve as board members, committee members and chairpersons of the associa- tion. In the interest of public playground safety, IPEMA provides a 3rd party certification, to validate conformance to es- tablished standards. Our use of the IPEMA seal is your assurance that GameTime has received written validation from an inde- pendent lab that the products associated with the seal conform with the ASTM standard, as well as the Canadian CSA standard CAN Z-614. A list of our validated products may be found on the IPEMA website, www. ipema.org. IPEMA SURFACING CERTIFICATION GameTime’s GT Impax product provides you with the assurance that our surfacing has been certified as compliant to the appropriate ASTM standard. In the inter- est of public playground safety, IPEMA provides a third party certification to validate a manufacturer’s conformance to the ASTM F-1292-99 Standard Specification for Impact Attenuation of Surface Systems Under And Around Playground Equipment. The use of the IPEMA Certification Seal displayed above signifies that the manufacturer has received written validation from the independent laboratory that the product associated with the use of the seal conforms with the requirements of ASTM F1292-99. A complete list of our validated products may be found on the IPEMA website at www.ipema.com. ADA GameTime is the only manufacturer to have a lab partnership with an Institute for children with special needs, so that we can develop and test our accessible products for superiority before bringing them to market. GameTime is also the only manufac- turer to meet accessibility guidelines on all of its pre-designed PowerScape Plus and PrimeTime playground plans. We also recommend accessible surfacing options. For more informa- tion, log on to www.access- board.gov ISO 9001:2000 GameTime is the first playground manufacturer to obtain the ISO9001:2000 standard. In order to obtain this certi- fication, the company’s manuals, policies, objectives and quality procedures are closely examined during a surveillance audit by ISO representatives. Strict attention is paid to policies and procedures in manufacturing, communica- tion channels, system monitoring, customer relations and order processing, which are reviewed for consistency and standards. Companies who meet the standard are awarded the ISO designa- tion. TUV An international organization that is a European Union Notified and Competent Body, providing testing and certification. Use of the TUV seal demonstrates that products have passed a comprehensive testing proce- dure based upon the European Harmonized Standard for Com- mercial Playground Equipment, and that the GameTime plant is regularly monitored by TUV. PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com 150 GameTime Drive Fort Payne, Alabama 35967 Ph: 256-845-5610 Facsimile: 256-997-9653 Email: service@gametime.com Enriching Childhood Though Play. GameTime provides warranties on all materials and workmanship for one year, excluding vandalism. In addition, GameTime offers: Lifetime limited warranty on PowerScape Plus, PrimeTime and Xscape uprights. Lifetime limited warranty on all hardware. Lifetime limited warranty on GameTime PowerScape Tru-Loc®. Ten-Year limited warranty on Prime Time bolt-through connection. Fifteen- Year limited warranty on rotationally molded KidTime products. Fifteen Year limited warranty on metal decks, pipes, rungs, rails, and loops. Ten-Year limited warranty on iTrack fitness equipment (not including endurance products). Fifteen-Year limited warranty on rotationally molded products. Five-Year limited warranty on SuperSeats. Five-Year limited warranty on GFRC PlayWorx products Three-Year limited warranty on rubber or “C” springs used on SaddleMates. One-Year limited warranty on all other GameTime products. All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use. Warranties are vaild only if products are installed and maintained in accordance with GameTime instructions and use approved parts. For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship. TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER IMPLIED OR EXPRESSED WARRANTIES OR REPRESENTATIONS BY ANY PERSON, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. Warranties do not cover damage caused by vandalism or abuse. Warranty claims must be filed within the applicable warranty period and accompanied by a copy of the original invoice or GameTime invoice number. GAMETIME WARRANTIES PROPOSED EQUIPMENT Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com GAMETIME, A PLAYCORE COMPANY 1-800-235-2440 GAMETIME.COM Installation It is important to us that your installation process goes smoothly, and that everything is done to our specifications. We ensure our installers are trained on safety regulations, industry standards and best installation prac- tices, so that you recieve the best customer service experience. INSTALLERS WHO SHARE OUR VISION It isn’t enough to send our installers to a third party certi- fication program . We want to meet them, teach them and make sure they know how to install products. All play- ground equipment is different, and we want to ensure that when they learn how to put a play structure together, they are training on one of ours. That’s why at GameTime we offer an intensive train- ing course at our facility. We want to make sure our installers know safety regulations, industry standards and how they apply when installing our equipment. It is important to us that your installation process goes smoothly, and that everything is done to our exacting specifications. CERTIFICATION MATTERS GameTime’s exclusive Certified Installer Training course has a two- part curriculum. First, attendees learn about installation in a hands-on lab where they assemble play structures under the watchful eyes of our on-staff professionals. They learn about new products, modifications, and new industry information. They also are instructed on CPSC, ASTM, and industry regulations in relation to our products and proper installation. They learn how to properly locate and drill ground holes, recognize and avoid underground utilities, and use the tools needed to ensure an accurate installation. The course also includes a lecture series, with focuses on risk management, insurance, and many other topics that will give installers the knowledge and skills to make your playground everything you expect it to be. By completing our training, we can have the confidence that no matter where they are in the US, all of our playgrounds are being installed correctly, expertly, and to the exacting standards that we maintain throughout all of our processes. Upon completion of the course our installers sign a contract that we share with our sales force, so that when scheduling an installation our representatives know who to choose to get the job done right. This manufacturer specific training course is unique to GameTime alone, and is acknowledged in the industry as a program that should be a model for all. It’s just one more thing that sets GameTime apart, and one more reason you should trust us to be your playground company. Certificates are issued to installers after completion of our course, signi- fying they are trained to install GameTime equipment. PROPOSED EQUIPMENT MIRACLE RECREATION EQ UIPMENT COMPANY 1.3.bSECTION Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Br e w e r P a r k 2 - 5 Ci t y o f S o u t h M i a m i Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 EL E V A T E D P L A Y A C T I V I T I E S - T O T A L EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y T R A N S F E R EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y R A M P GR O U N D L E V E L A C T I V I T Y T Y P E GR O U N D L E V E L Q U A N T I T Y 6 6 0 3 8 RE Q ' D RE Q ' D RE Q ' D RE Q ' D 3 0 2 2 TH E P L A Y C O M P O N E N T S I D E N T I F I E D I N T H I S PL A N A R E I P E M A C E R T I F I E D . T H E U S E A N D LA Y O U T O F T H E S E C O M P O N E N T S C O N F O R M TO T H E R E Q U I R E M E N T S O F A S T M F 1 4 8 7 . AN E N E R G Y A B S O R B I N G P R O T E C T I V E S U R F A C E IS R E Q U I R E D U N D E R & A R O U N D A L L P L A Y SY S T E M S Br e w e r P a r k 2 - 5 So u t h M i a m i , F L To p r o m o t e s a f e a n d p r o p e r e q u i p m e n t u s e by c h i l d r e n . M i r a c l e r e c o m m e n d s t h e in s t a l l a t i o n o f e i t h e r a M i r a c l e s a f e t y s i g n o r ot h e r a p p r o p r i a t e s a f e t y s i g n a g e n e a r e a c h pl a y s y s t e m ' s m a i n e n t r y p o i n t ( s ) t o i n f o r m pa r e n t s a n d s u p e r v i s o r s o f t h e a g e ap p r o p r i a t e n e s s o f t h e p l a y s y s t e m a n d ge n e r a l r u l e s f o r s a f e p l a y . 23 _ 4 2 0 2 5 6 0 7 4 4 2 CO M P L I E S T O A D A CO M P L I E S T O A S T M / C P S C GR O U N D S P A C E : PR O T E C T I V E A R E A : DR A W N B Y : SC A L E : DA T E : Mi r a c l e o f S o u t h F l o r i d a 20 ' X 1 9 ' 33 ' X 3 0 ' Mi r a c l e M a k e r 1" = 5 ' 14 4 5 1 L e x i n g t o n P l a c e Da v i e , F L , 3 3 3 2 5 PH O N E N O : FA X N O : 95 4 - 5 2 0 - 4 5 2 3 95 4 - 4 7 3 - 1 9 6 4 Ja n u a r y 2 2 , 2 0 1 5 TY P E : QU A N T I T Y : ST O R E F R O N T (B E L O W D E C K ) 71 4 - 7 1 3 - 7 B BO N G O P E R C H 71 4 - 7 7 2 - 1 BO N G O P E R C H 71 4 - 7 7 2 - 1 BO N G O P E R C H 71 4 - 7 7 2 - 1 PE R F S T E E L SQ U A R E R O O F 71 4 - 8 6 2 - 4 CA L Y P S O 3 D R U M (B E L O W D E C K ) 71 4 - 7 1 5 - 1 3 B 3' 0 " DE C K 71 4 - 5 0 1 - 9 3' 0 " DE C K 71 4 - 5 0 2 - 9 PE R F S T E E L SQ U A R E R O O F 71 4 - 8 6 2 - 4 3' 0 " DE C K 71 4 - 5 0 2 - 9 TO T R O C K CL I M B E R 71 4 - 7 8 7 L- S L I D E 71 4 - 9 0 7 - 1 BU M P E R LA D D E R 71 4 - 9 7 6 - 3 TR A N S F E R PO I N T 71 4 - 8 5 1 - 3 9 SI D E - B Y - S I D E SL I D E 71 4 - 7 0 0 PI L O T W / W I N D O W 71 4 - 7 1 4 - 6 BU B B L E 71 4 - 8 7 5 DO O R (B E L O W D E C K ) 71 4 - 7 1 3 - 5 B BE N C H (B E L O W D E C K ) 71 4 - 8 1 7 - 2 B BE L L 71 4 - 7 9 6 - P 1 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 Fa c e l l P a r k 2 - 5 Ci t y o f S o u t h M i a m i Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 EL E V A T E D P L A Y A C T I V I T I E S - T O T A L EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y T R A N S F E R EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y R A M P GR O U N D L E V E L A C T I V I T Y T Y P E GR O U N D L E V E L Q U A N T I T Y 6 6 0 3 8 RE Q ' D RE Q ' D RE Q ' D RE Q ' D 3 0 2 2 AN E N E R G Y A B S O R B I N G P R O T E C T I V E S U R F A C E IS R E Q U I R E D U N D E R & A R O U N D A L L P L A Y SY S T E M S TH E P L A Y C O M P O N E N T S I D E N T I F I E D I N T H I S PL A N A R E I P E M A C E R T I F I E D . T H E U S E A N D LA Y O U T O F T H E S E C O M P O N E N T S C O N F O R M TO T H E R E Q U I R E M E N T S O F A S T M F 1 4 8 7 . Fa c e l l P a r k 2 - 5 So u t h M i a m i , F L To p r o m o t e s a f e a n d p r o p e r e q u i p m e n t u s e by c h i l d r e n . M i r a c l e r e c o m m e n d s t h e in s t a l l a t i o n o f e i t h e r a M i r a c l e s a f e t y s i g n o r ot h e r a p p r o p r i a t e s a f e t y s i g n a g e n e a r e a c h pl a y s y s t e m ' s m a i n e n t r y p o i n t ( s ) t o i n f o r m pa r e n t s a n d s u p e r v i s o r s o f t h e a g e ap p r o p r i a t e n e s s o f t h e p l a y s y s t e m a n d ge n e r a l r u l e s f o r s a f e p l a y . 23 _ 4 2 0 2 5 6 0 7 4 4 2 CO M P L I E S T O A D A CO M P L I E S T O A S T M / C P S C GR O U N D S P A C E : Mi r a c l e o f S o u t h F l o r i d a 26 ' X 2 0 ' 33 ' X 3 0 ' Mi r a c l e M a k e r 1" = 5 ' Ja n u a r y 2 1 , 2 0 1 5 PR O T E C T I V E A R E A : DR A W N B Y : SC A L E : DA T E : 14 4 5 1 L e x i n g t o n P l a c e Da v i e , F L , 3 3 3 2 5 PH O N E N O : FA X N O : 95 4 - 5 2 0 - 4 5 2 3 95 4 - 4 7 3 - 1 9 6 4 TY P E : QU A N T I T Y : PE R F S T E E L SQ U A R E R O O F 71 4 - 8 6 2 - 4 CA L Y P S O 3 D R U M (B E L O W D E C K ) 71 4 - 7 1 5 - 1 3 B 3' 0 " DE C K 71 4 - 5 0 1 - 9 3' 0 " DE C K 71 4 - 5 0 2 - 9 PE R F S T E E L SQ U A R E R O O F 71 4 - 8 6 2 - 4 3' 0 " DE C K 71 4 - 5 0 2 - 9 TO T R O C K CL I M B E R 71 4 - 7 8 7 L- S L I D E 71 4 - 9 0 7 - 1 BU M P E R LA D D E R 71 4 - 9 7 6 - 3 TR A N S F E R PO I N T 71 4 - 8 5 1 - 3 9 SI D E - B Y - S I D E SL I D E 71 4 - 7 0 0 PI L O T W / W I N D O W 71 4 - 7 1 4 - 6 BU B B L E 71 4 - 8 7 5 ST O R E F R O N T (B E L O W D E C K ) 71 4 - 7 1 3 - 7 B DO O R (B E L O W D E C K ) 71 4 - 7 1 3 - 5 B BE N C H (B E L O W D E C K ) 71 4 - 8 1 7 - 2 B BE L L 71 4 - 7 9 6 - P 1 BO N G O P E R C H 71 4 - 7 7 2 - 1 BO N G O P E R C H 71 4 - 7 7 2 - 1 BO N G O P E R C H 71 4 - 7 7 2 - 1 SA F E T Y P A N E L AG E S 2 - 5 71 4 - 7 3 4 - 1 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 Fa c e l l P a r k 5 - 1 2 Ci t y o f S o u t h M i a m i Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 EL E V A T E D P L A Y A C T I V I T I E S - T O T A L EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y T R A N S F E R EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y R A M P GR O U N D L E V E L A C T I V I T Y T Y P E GR O U N D L E V E L Q U A N T I T Y 8 8 0 3 5 RE Q ' D RE Q ' D RE Q ' D RE Q ' D 4 0 3 3 AN E N E R G Y A B S O R B I N G P R O T E C T I V E S U R F A C E IS R E Q U I R E D U N D E R & A R O U N D A L L P L A Y SY S T E M S TH E P L A Y C O M P O N E N T S I D E N T I F I E D I N T H I S PL A N A R E I P E M A C E R T I F I E D . T H E U S E A N D LA Y O U T O F T H E S E C O M P O N E N T S C O N F O R M TO T H E R E Q U I R E M E N T S O F A S T M F 1 4 8 7 . Fa c e l l P a r k So u t h M i a m i , F L To p r o m o t e s a f e a n d p r o p e r e q u i p m e n t u s e by c h i l d r e n . M i r a c l e r e c o m m e n d s t h e in s t a l l a t i o n o f e i t h e r a M i r a c l e s a f e t y s i g n o r ot h e r a p p r o p r i a t e s a f e t y s i g n a g e n e a r e a c h pl a y s y s t e m ' s m a i n e n t r y p o i n t ( s ) t o i n f o r m pa r e n t s a n d s u p e r v i s o r s o f t h e a g e ap p r o p r i a t e n e s s o f t h e p l a y s y s t e m a n d ge n e r a l r u l e s f o r s a f e p l a y . 23 _ 4 2 0 2 5 4 3 4 6 6 4 CO M P L I E S T O A D A CO M P L I E S T O A S T M / C P S C GR O U N D S P A C E : Mi r a c l e o f S o u t h F l o r i d a 32 ' X 2 6 ' 44 ' X 3 9 ' Mi r a c l e M a k e r 1" = 6 ' Ja n u a r y 2 1 , 2 0 1 5 PR O T E C T I V E A R E A : DR A W N B Y : SC A L E : DA T E : 14 4 5 1 L e x i n g t o n P l a c e Da v i e , F L , 3 3 3 2 5 PH O N E N O : FA X N O : 95 4 - 5 2 0 - 4 5 2 3 95 4 - 4 7 3 - 1 9 6 4 TY P E : QU A N T I T Y : 6' 0 " DE C K W I T H OP E N C E N T E R 71 4 - 5 1 7 - 0 9 CE N T E R L A D D E R W/ E N C L O S U R E 71 4 - 7 9 7 - 6 HU L A CL I M B E R 71 4 - 8 0 6 - 2 4' 0 " DE C K 71 4 - 5 0 2 - 9 DN A C L I M B E R 71 4 - 6 6 1 - 6 CH A M E L E O N I I S L I D E 71 4 - 6 7 0 - 1 PH Y Z I C S R O O F 71 4 - 6 6 4 - 7 TR A N S F E R PO I N T 71 4 - 8 5 1 - 4 5 9 TH U N D E R TU N N E L 71 4 - 7 0 7 JA X O N P O S T 71 4 - 6 5 7 - 4 TE N S I L E TO W E R 71 4 - 8 0 9 - 6 HO O P Z C L I M B I N G R I N G 47 5 - 2 1 6' H O N E Y C O M B CL I M B E R 71 4 - 7 5 5 - 6 GR O O V E I I SL I D E 71 4 - 6 3 8 - 6 EN C L O S U R E 71 4 - 8 1 3 - 1 EN C L O S U R E 71 4 - 8 1 3 - 1 DO U B L E P O D S E A T 71 4 - 8 1 7 - 4 B BE L L 71 4 - 7 9 6 - P 1 XY L O P H O N E (B E L O W D E C K ) 71 4 - 9 7 5 - 4 B CU R V E D S H A D E RO O F 71 4 - 6 0 6 - 1 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 Fu c h s P a r k 5 - 1 2 Ci t y o f S o u t h M i a m i Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 EL E V A T E D P L A Y A C T I V I T I E S - T O T A L EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y T R A N S F E R EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y R A M P GR O U N D L E V E L A C T I V I T Y T Y P E GR O U N D L E V E L Q U A N T I T Y 10 9 0 3 6 RE Q ' D RE Q ' D RE Q ' D RE Q ' D 5 0 3 3 AN E N E R G Y A B S O R B I N G P R O T E C T I V E S U R F A C E IS R E Q U I R E D U N D E R & A R O U N D A L L P L A Y SY S T E M S TH E P L A Y C O M P O N E N T S I D E N T I F I E D I N T H I S PL A N A R E I P E M A C E R T I F I E D . T H E U S E A N D LA Y O U T O F T H E S E C O M P O N E N T S C O N F O R M TO T H E R E Q U I R E M E N T S O F A S T M F 1 4 8 7 . Fu c h s P a r k 5 - 1 2 So u t h M i a m i , F L To p r o m o t e s a f e a n d p r o p e r e q u i p m e n t u s e by c h i l d r e n . M i r a c l e r e c o m m e n d s t h e in s t a l l a t i o n o f e i t h e r a M i r a c l e s a f e t y s i g n o r ot h e r a p p r o p r i a t e s a f e t y s i g n a g e n e a r e a c h pl a y s y s t e m ' s m a i n e n t r y p o i n t ( s ) t o i n f o r m pa r e n t s a n d s u p e r v i s o r s o f t h e a g e ap p r o p r i a t e n e s s o f t h e p l a y s y s t e m a n d ge n e r a l r u l e s f o r s a f e p l a y . 23 _ 4 2 0 2 6 4 8 5 0 3 5 CO M P L I E S T O A D A CO M P L I E S T O A S T M / C P S C GR O U N D S P A C E : Mi r a c l e o f S o u t h F l o r i d a 48 ' X 3 2 ' 61 ' X 4 4 ' Mi r a c l e M a k e r 1/ 8 " = 1 ' Ja n u a r y 2 2 , 2 0 1 5 PR O T E C T I V E A R E A : DR A W N B Y : SC A L E : DA T E : 14 4 5 1 L e x i n g t o n P l a c e Da v i e , F L , 3 3 3 2 5 PH O N E N O : FA X N O : 95 4 - 5 2 0 - 4 5 2 3 95 4 - 4 7 3 - 1 9 6 4 TY P E : QU A N T I T Y : PE R F S T E E L SQ U A R E R O O F 71 4 - 8 6 2 - 4 AD A S T E P S 1' - 6 " R I S E 71 4 - 9 9 3 - 9 FO S S I L B L U F F CL I M B E R 71 4 - 7 3 8 - 8 8 71 4 - 8 5 0 - Z 8' 0 " DE C K 71 4 - 5 0 2 - 9 85 5 T Y P H O O N SL I D E 71 4 - 7 6 9 - 8 9 6' 6 " DE C K 71 4 - 5 0 3 - 9 6' 6 " DE C K 71 4 - 5 0 3 - 9 TW I S T E D V I N E CL I M B E R 71 4 - 8 6 7 - 2 6 TR A P D O O R CL I M B E R 71 4 - 7 3 1 - 6 AD A S T E P S 1' - 6 " R I S E 71 4 - 9 9 3 - 9 CH A M E L E O N S L I D E 71 4 - 8 5 0 CH A M E L E O N S L I D E 71 4 - 8 5 0 PE R F S T E E L HE X A G O N R O O F 71 4 - 8 6 2 - 6 5' 0 " DE C K 71 4 - 5 0 2 - 9 BU M P & GL I D E S L I D E 71 4 - 7 2 8 - 5 IN C L I N E D S P I D E R CL I M B E R 71 4 - 7 7 8 - 6 AD A S T A I R S 2' R I S E 71 4 - 9 5 9 - 4 9 3' 0 " DE C K 71 4 - 5 0 2 - 9 SK Y W H E E L 71 4 - 7 7 6 - 5 EN D L A D D E R 71 4 - 8 1 5 - 5 DE C K E N C L 71 4 - 8 1 3 - 5 S- S H A P E D B O N G O JU N G L E C L I M B E R 71 4 - 7 9 2 - 3 R BO N G O P E R C H 71 4 - 7 7 2 - 1 TR A N S F E R PO I N T 71 4 - 8 5 1 - 3 5 9 CL I M B I N G RO P E 71 4 - 8 0 7 BE L L 71 4 - 7 9 6 - P 1 SA F E T Y P A N E L AG E S 5 - 1 2 71 4 - 7 3 4 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 Mu r r a y P a r k 5 - 1 2 Ci t y o f S o u t h M i a m i Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 EL E V A T E D P L A Y A C T I V I T I E S - T O T A L EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y T R A N S F E R EL E V A T E D P L A Y A C T I V I T I E S A C C E S I B L E B Y R A M P GR O U N D L E V E L A C T I V I T Y T Y P E GR O U N D L E V E L Q U A N T I T Y 1111034 RE Q ' D RE Q ' D RE Q ' D RE Q ' D 6034 DA T E : Ja n u a r y 2 2 , 2 0 1 5 SC A L E : 1" = 6 ' AN E N E R G Y A B S O R B I N G P R O T E C T I V E S U R F A C E I S RE Q U I R E D U N D E R & A R O U N D A L L P L A Y S Y S T E M S Mu r r a y P a r k 5 - 1 2 So u t h M i a m i , F L SI T E P L A N To p r o m o t e s a f e a n d p r o p e r e q u i p m e n t u s e b y C h i l d r e n , M i r a c l e re c o m m e n d s t h e i n s t a l l a t i o n o f e i t h e r a M i r a c l e s a f e t y s i g n o r ot h e r a p p r o p r i a t e s a f e t y s i g n a g e n e a r e a c h p l a y s y s t e m ' s m a i n en t r y p o i n t ( s ) t o i n f o r m p a r e n t s a n d s u p e r v i s o r s o f t h e a g e ap p r o p r i a t e n e s s o f t h e p l a y s y s t e m a n d g e n e r a l r u l e s f o r s a f e p l ay 23 _ 4 2 0 2 6 6 6 9 3 0 6 CO M P L I E S T O A D A CO M P L I E S T O A S T M / C P S C DR A W N B Y : SH E E T 1 O F 2 GR O U N D S P A C E : PR O T E C T I V E A R E A : Mi r a c l e o f S o u t h F l o r i d a Mi r a c l e M a k e r 35 ' X 3 2 ' 49 ' X 4 6 ' 14 4 5 1 L e x i n g t o n P l a c e Da v i e , F L , 3 3 3 2 5 PH O N E N O . FA X N O . 95 4 - 5 2 0 - 4 5 2 3 95 4 - 4 7 3 - 1 9 6 4 TY P E : QU A N T I T Y : Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 23 _ 4 2 0 2 6 6 6 9 3 0 6 So u t h M i a m i , F L Ja n u a r y 2 2 , 2 0 1 5 Sh e e t 2 o f 3 CO N F O R M T O T H E R E Q U I R E M E N T S O F A S T M F 1 4 8 7 . CE R T I F I E D . T H E U S E A N D L A Y O U T O F T H E S E C O M P O N E N T S TH E P L A Y C O M P O N E N T S I D E N T I F I E D I N T H I S P L A N A R E I P E M A Le v e l 2 10 ' 0 " DE C K 71 4 - 5 0 3 - 9 10 ' 0 " DE C K 71 4 - 5 0 3 - 9 AD A S T A I R S 2' R I S E E X T 71 4 - 9 5 9 - 9 E PE R F S T E E L HE X A G O N R O O F 71 4 - 8 6 2 - 6 WA L L 71 4 - 8 1 6 VI E W G R O O V E 71 4 - 7 1 6 DE L I G H T - O - S C O P E TE L E S C O P E 71 4 - 9 6 1 - R 1 WA L L 71 4 - 8 1 6 30 D E G LO O K - O U T 71 4 - 8 7 5 - 3 0 CH A M E L E O N SL I D E 71 4 - 8 5 0 ST O R E F R O N T (B E L O W D E C K ) 71 4 - 7 1 3 - 7 B FU N F O N E 71 4 - 9 9 4 RE S T S T O P (B E L O W D E C K ) 71 4 - 7 1 5 - 7 B FU N F O N E 71 4 - 9 9 4 - Z Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 pl a y To o b t a i n m o r e i n f o r m a t i o n a b o u t T o t s ’ C h o i c e ® o r a n y M i r a c l e p r o d u c t , ca l l y o u r M i r a c l e R e c r e a t i o n E q u i p m e n t r e p r e s e n t a t i v e a t 1 - 8 8 8 - 4 5 8 - 2 7 5 2 , or c o m e p l a y a t ww w . m i r a c l e - r e c r e a t i o n . c o m . * M i r a c l e E x c l u s i v e s * M i r a c l e E x c l u s i v e s Fe a t u r e s Be n e f i t s Ve r s a t i l e D e c k C o n f i g u r a t i o n s Sq u a r e , t r i a n g l e o r h e x a g o n d e c k s a r e av a i l a b l e , a n d c a n b e c o n f i g u r e d a t 2 ’ to 8 ’ h e i g h t s t o c h a l l e n g e a n d e x c i t e ch i l d r e n * C o m p a t i b l e w i t h a l l M i r a c l e S y s t e m s Ea s y c o n n e c t i o n w i t h K i d ’ s C h o i c e ® sy s t e m s a l l o w s f o r i n t e g r a t i o n w i t h C e n t e r St a g e ® an d M e g a T o w e r ™ f o r e x c i t i n g ex p a n s i o n p o t e n t i a l t h a t g r o w s w i t h t h e ki d s * M i r a T h e r m ( P l a s t i s o l ) C o a t e d D e c k s / Pl a t f o r m s He a v y d u t y 1 1 - g a u g e p e r f o r a t e d s t e e l de c k s a n d p l a t f o r m s , t e x t u r e d w i t h a sl i p a n d f a d e r e s i s t a n t P l a s t i s o l c o a t i n g , pr o v i d e s s a f e p l a y a n d p r o l o n g s a “n e w ” a p p e a r a n c e a f t e r m a n y y e a r s o f co n t i n u o u s s e r v i c e Ag e A p p r o p r i a t e L a b e l s Cl e a r l y m a r k e d a t e n t r y p o i n t s , p a r e n t s an d g u a r d i a n s c a n q u i c k l y i d e n t i f y t h e ap p r o p r i a t e a g e r a n g e o f e a c h e v e n t fo r s a f e p l a y In d u s t r y ’ s l a r g e s t s l i d e s e l e c t i o n Wi t h m o r e t h a n 8 0 s l i d e s t o c h o o s e f r o m , yo u r p l a y g r o u n d s l i d e s w i l l h a v e h u g e cu r b a p p e a l t o e n c o u r a g e p l a y Th e m e d P l a y E v e n t s In n o v a t i v e t h e m e s s p a r k k i d s ’ im a g i n a t i o n s a n d e n t i c e t h e m t o g e t o u t an d p l a y m o r e o f t e n Mo r e t h a n 2 4 , 0 0 0 C o l o r C o m b i n a t i o n s Cu s t o m c o l o r s i n s p i r e s p i r i t e d p l a y an d p r o v i d e a u n i q u e a n d a p p e a l i n g pl a y g r o u n d f o r y o u r c o m m u n i t y Co n v e r t i b l e C o m p o n e n t s “F l i p p a b l e ” s l i d e / c l i m b e r c o m p o n e n t s of f e r v e r s a t i l i t y a n d t w i c e t h e f u n f o r h a l f th e i n v e s t m e n t Si t - D o w n S l i d e C a n o p i e s En c o u r a g e s s a f e r s i t - d o w n s l i d i n g a n d di s c o u r a g e s c l i m b i n g u p b e d w a y s *V e r s a l o c k I I C l a m p S y s t e m Al l o w s m u l t i p l e c o n n e c t i o n s u s i n g th e s a m e d u r a b l e c l a m p , m e a n w h i l e re d u c i n g c l u t t e r , c o s t s a n d i n s t a l l a t i o n ti m e *G a t o r G r i p Pr o v i d e s i m p r o v e d g r i p p i n g c o m f o r t o n cl i m b i n g b a r s a n d r u n g s *S i n g l e U n d e r S i d e S u p p o r t L e g s El i m i n a t e s t r i p p i n g h a z a r d s a r o u n d a l l Mi r a c l e s l i d e e x i t s Pr o t e c t i v e B a r r i e r s Pa r t i a l l y a n d f u l l y e n c l o s e d a r e a s th r o u g h o u t c r e a t e a w o r r y - f r e e , s a f e pl a y e n v i r o n m e n t St u r d y D e c k P o s t s He f t y 3 - 1 / 2 ” d i a m e t e r s t e e l p o s t s p r o v i d e un p a r a l l e l e d s t a b i l i t y , s t r e n g t h a n d s a f e t y fo r l o n g l i f e *C a s t A l u m i n u m P o s t C a p s w / N o R i v e t s (c o m p r e s s i o n a t t a c h e d ) El i m i n a t e s t h e p o t e n t i a l o f en t a n g l e m e n t , a n d r e m o v e s s h a r p ed g e s t h a t c o u l d c u t l i t t l e f i n g e r s Ov e r 4 0 0 P l a y E v e n t / C o m p o n e n t O p t i o n s Vi r t u a l l y e n d l e s s p l a y o p t i o n s c h a l l e n g e , en t e r t a i n , a n d c r e a t e i m a g i n a t i v e a n d so c i a l p l a y e n v i r o n m e n t s Av a i l a b l e B o u n d l e s s ®-c e r t i f i e d a n d A D A co m p l i a n t v e r s i o n s Al l - i n c l u s i v e p l a y e n v i r o n m e n t s p r o v i d e op e n a c c e s s t o c h i l d r e n o f a l l a b i l i t i e s Co m m i t m e n t t o S a f e t y & Q u a l i t y Mi r a c l e d o e s m o r e t h a n s i m p l y c o m p l y w i t h t h e l a t e s t n a t i o n a l a n d i n t e r n a t i o n a l s a f e t y s t a n d a r d s , w e h a v e o u r o w n i n t e r n a l s a f e t y ch e c k s a n d s t a n d a r d s . M i r a c l e R e c r e a t i o n ’ s q u a l i t y a s s u r a n c e t e a m c h e c k s t h e p r o d u c t s i n a c c o r d a n c e w i t h o u r I S O p r o c e s s e s a n d pr o c e d u r e s t o e n s u r e th a t y o u r P l a y g r o u n d w i l l m e e t t h e I n d u s t r y a n d M i r a c l e s t a n d a r d s . Pr o d u c t s w i t h m o v i n g p a r t s g o t h r o u g h to u g h d u r a b i l i t y t e s t i n g f o r a t l e a s t o n e m i l l i o n c y c l e s . O u r q u e s t t o b e t h e b e s t i s i l l u s t r a t e d b y o u r m e m b e r s h i p s a n d i n d u s t r y aw a r d e d c e r t i f i c a t i o n s : • AS T M F 1 4 8 7 S t a n d a r d C o n s u m e r S a f e t y P e r f o r m a n c e S p e c i f i c a t i o n f o r P l a y g r o u n d E q u i p m e n t f o r P u b l i c U s e • Co n s u m e r P r o d u c t S a f e t y C o m m i s s i o n ( C P S C ) 1 9 9 7 H a n d b o o k f o r P u b l i c P l a y g r o u n d S a f e t y • IS O 9 0 0 1 : 2 0 0 0 C e r t i f i c a t i o n : M e e t i n g i n t e r n a t i o n a l s t a n d a r d s f o r q u a l i t y , e n v i r o n m e n t a l a n d m a n a g e m e n t p r o - ce s s e s d e m o n s t r a t e s M i r a c l e ’ s w o r l d - c l a s s m a n u f a c t u r i n g q u a l i t y c o n t r o l p r a c t i c e s a r e b e i n g e m p l o y e d t o s u p - po r t o u r q u a l i t y c o m m i t m e n t t o y o u . • Ca n a d i a n C S A Z 6 1 4 S t a n d a r d o n C h i l d r e n ’ s P l a y s p a c e s a n d E q u i p m e n t • Am e r i c a n s w i t h D i s a b i l i t i e s A c t ( A D A ) G u i d e l i n e s f o r P l a y A r e a s w i t h s e v e r a l p l a y s y s t e m s f u l l y B o u n d l e s s ® Ce r t i f i e d • In t e r n a t i o n a l P l a y E q u i p m e n t M a n u f a c t u r e r ’ s A s s o c i a t i o n ( I P E M A ) • Ce r t i f i e d b y T ü V P r o d u c t S e r v i c e s w i t h E u r o p e a n N o r m E N - 1 1 7 6 : E u r o p e a n H a r m o n i z e d S t a n d a r d f o r C o m m e r c i a l Pl a y E q u i p m e n t In a d d i t i o n , a l l M i r a c l e R e c r e a t i o n p r o d u c t s a r e b a c k e d w i t h a n o u t s t a n d i n g w a r r a n t y o f u p t o 1 0 0 y e a r s . O u r M i r a c l e t e a m i s he r e t o s u p p o r t y o u e v e r y s t e p o f t h e w a y — f r o m d e s i g n c o n s u l t a t i o n t o o n g o i n g f i e l d s u p p o r t . Ou r n e t w o r k o f M i r a c l e s a l e s re p r e s e n t a t i v e s i s t h e b e s t i n t h e b u s i n e s s , s o y o u ’ r e a l w a y s j u s t a p h o n e c a l l o r e m a i l a w a y f r o m a r e c r e a t i o n a l p r o f e s s i o n a l wh o t a k e s p l a y v a l u e , s a f e t y , a n d a f t e r m a r k e t s u p p o r t a s s e r i o u s l y a s y o u d o . W i t h M i r a c l e , y o u c a n t r u s t t h a t y o u h a v e g i v e n yo u r k i d s t h e s a f e s t , v e r y b e s t p r o d u c t s a n d w e ’ l l b e h e r e t o s e r v i c e y o u r n e e d s e v e r y s t e p o f t h e w a y ! Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 Fr e e Pl a y D e l i g h t s a n d E n l i g h t e n s Ev e n f o r c h i l d r e n a s y o u n g a s 1 ½ y e a r s o l d , u n r e s t r i c t e d p l a y c a n h a v e p o w e r f u l e f f e c t s o n th e i r d e v e l o p m e n t . R e s e a r c h b y t h e N a t i o n a l P a r e n t T e a c h e r A s s o c i a t i o n ( P T A ) s h o w s a d i r e c t co r r e l a t i o n b e t w e e n f r e e p l a y a n d a c a d e m i c a n d s c h o o l r e a d i n e s s . P l a y g r o u n d s a r e o n e of t h e f i r s t e n v i r o n m e n t s w h e r e c h i l d r e n l e a r n t o b e c o n s i d e r a t e o f o t h e r s , h o w t o s h a r e , a n d th e a r t o f n e g o t i a t i o n . T h e y b u i l d c o n f i d e n c e , c o n q u e r t h e i r f e a r s , a n d b e c o m e m o r e i n d e - pe n d e n t w i t h e a c h n e w a d v e n t u r e . Bi g F u n D o e s C o m e i n S m a l l P a c k a g e s Mi r a c l e w a s t h e f i r s t i n t h e i n d u s t r y t o i n t r o d u c e a p l a y s y s t e m w i t h t h e y o u n g e s t p l a y e r s i n mi n d . T o t s ’ C h o i c e ® i s g r e a t f o r d e v e l o p i n g c o o r d i n a t i o n s k i l l s , a n d t h e y o u n g e s t p l a y i n t e r - es t s . B u t d o n ’ t l e t t h e n a m e f o o l y o u . T o t s ’ C h o i c e ® i s n ’ t s m a l l o n a n y t h i n g ! C o m p a t i b i l e w i t h Mi r a c l e ’ s K i d s ’ C h o i c e ®, C e n t e r S t a g e ®, a n d M e g a T o w e r ™ s y s t e m s t o o , T o t s ’ C h o i c e ® o f f e r s yo u t h e m a x i m u m d e s i g n f l e x i b i l i t y t o c r e a t e a p l a y g r o u n d t h a t g r o w s w i t h y o u r k i d s i n t i m e . Ta k e f u l l a d v a n t a g e o f t h e i n d u s t r y ’ s l a r g e s t s e l e c t i o n o f c o l o r c o m b i n a t i o n s , t h e m e d d e s i g n s , h e i g h t s , a c t i v i t y p a n e l s , a n d p h y s i c a l ch a l l e n g e s . T o t s ’ C h o i c e ® i s e a s i l y e x p a n d a b l e a n d p e r f e c t f o r p r o j e c t s t h a t p l a n t o g r o w i n p h a s e s . T r i a n g u l a r a n d h a l f - h e x a g o n a l - sh a p e d d e c k s w i t h v a r y i n g h e i g h t s a c c o m m o d a t e a v a r i e t y o f d e s i g n s , b u d g e t s a n d s p a c e s w h i l e o f f e r i n g t o t s l o t s o f e x c i t e m e n t . Th e s e c o m p a c t s t r u c t u r e s h a v e p r o v e n t o b e t h e a n s w e r f o r p r o j e c t s w i t h m i n i m a l s p a c e a n d c o n s e r v a t i v e b u d g e t s ! Li t t l e De t a i l s M a k e a B i g D i f f e r e n c e To t s ’ C h o i c e ® f e a t u r e s a r e e x c l u s i v e l y g e a r e d t o s m a l l e r h a n d s a n d f e e t , s m a l l e r s t r i d e s a n d s m a l l e r r e a c h e s ! S o m e i l l u s t r a t i v e k e y fe a t u r e s a r e : • Sq u a r e d e c k s l a r g e e n o u g h t o a c c o m m o d a t e m a n y l i t t l e f e e t , y e t s m a l l e n o u g h t o b e j u s t t h e i r s i z e . • Do u b l e - w a l l s l i d e c o n s t r u c t i o n a n d s i t - d o w n s l i d e c a n o p i e s w i t h h a n d l e s f a c i l i t a t e a s a f e t r a n s i t i o n f r o m st a n d i n g t o s i t t i n g a n d o f f e r a m o r e c o n t r o l l e d s l i d i n g e x p e r i e n c e . • Mo r e t h a n 5 0 g r o u n d - l e v e l p l a y c o m p o n e n t s a l w a y s k e e p t h e f u n w i t h i n r e a c h . • Te n s i l e t o u g h c o a t i n g b e t t e r i n s u l a t e s l i t t l e h a n d s f r o m h o t a n d c o l d t e m p e r a t u r e s . • Mi r a c l e ’ s s a f e t y g r i p s u r f a c e s a l l o w t o t s a b e t t e r h a n d s - o n e x p e r i e n c e w i t h g r e a t e r g r i p p i n g c o m f o r t . Sa f e t y i s P r i o r i t y In e v e r y t h i n g M i r a c l e d o e s , s a f e t y i s o u r t o p p r i o r i t y . W e a r e p r o u d t o n o t o n l y m e e t t h e i n d u s t r y ’ s b a s e l i n e s a f e t y s t a n d a r d s f o r p l a y - gr o u n d e q u i p m e n t , b u t t o g o a b o v e a n d b e y o n d , c o n s i s t e n t l y e x c e e d i n g t h e m . M i r a c l e ’ s e x c l u s i v e s a f e t y f e a t u r e s i n c l u d e : • Th e d e e p e s t s l i d e b e d w a y s i n t h e i n d u s t r y ( 1 5 ” ) . • 3 ½ ” p o s t s o f f e r m a x i m u m s t a b i l i t y f o r T o t s ’ C h o i c e ® st r u c t u r e s . • Mi r a T h e r m ( Pl a s t i s o l ) c o a t e d d e c k s a n d p l a t f o r m s f e a t u r i n g 3 / 8 ” h o l e s a l l o w f o r q u i c k d r a i n a g e b u t a r e t o o s m a l l fo r l i t t l e f i n g e r s t o g o t h r o u g h . *S e e t a b l e f o r m o r e M i r a c l e s a f e t y f e a t u r e s . De v e l o p i n g H e a l t h y H a b i t s Mi r a c l e i s a l s o e x t r e m e l y c o m m i t t e d t o e n c o u r a g i n g h e a l t h y h a b i t s a n d p r o m o t i n g c h i l d h o o d f i t n e s s a t a n e a r l y a g e . A c c o r d i n g to t h e A m e r i c a n O b e s i t y A s s o c i a t i o n ( A O A ) , a p p r o x i m a t e l y 3 0 % o f c h i l d r e n ( a g e 6 - 1 1 ) a r e o v e r w e i g h t a n d 1 5 % a r e o b e s e . M i r a c l e co n s t a n t l y s t r i v e s t o f i g h t o b e s i t y a n d e n h a n c e c h i l d r e n ’ s h e a l t h w i t h e v e r y p l a y s y s t e m w e c r e a t e . W e d e s i g n o u r s y s t e m s t o e n c o u r - ag e a n d e n a b l e c o n t i n u o u s p h y s i c a l a c t i v i t y t h a t k i d s n e e d t o b e h e a l t h i e r a n d s t r o n g e r f o r a l i f e t i m e . Tr e e h o u s e R o o f - K e e p k i d s o u t o f t h e s u n w i t h t h i s h o t i t e m ! Tr e e h o u s e R o o f s p r o v i d e t h e l a r g e s t , s h a d i e s t s p o t o n t h e p l a y - gr o u n d . K i d s f l o c k t o t h i s f e a t u r e n o t o n l y b e c a u s e i t ’ s a r e - fr e s h i n g l y c o o l s p o t t o p l a y , b u t i t l o o k s c o o l , t o o . Fu n F o n e - Y o u ’ l l a l w a y s g e t a g o o d c o n n e c t i o n w i t h M i r a c l e ’ s Fu n F o n e ! W a t c h k i d s ’ a m a z e m e n t a s t h e y u s e t h i s i n t e r a c t i v e to o l t o m a k e t h e i r v o i c e t r a v e l v i a u n d e r g r o u n d t u b i n g . T r y Mi r a c l e ’ s F u n F o n e . . . . k i d s s a y i t i s o f f t h e h o o k ! Ga t o r G r i p - C l i m b i n g i s b i g e x e r c i s e f o r l i t t l e k i d s , a n d no w i t ’ s e v e n s a f e r ! G a t o r G r i p , M i r i c l e ’ s e x c l u s i v e t e x t u r e d sa f e t y g r i p d e s i g n , k e e p s l i t t l e h a n d s s e c u r e l y o n a l l c l i m b - in g b a r s a n d r u n g s . Ty p h o o n S l i d e - M i r a c l e ’ s T y p h o o n S l i d e s a r e t h e m o s t th r i l l i n g r i d e s i n t h e b u s i n e s s ! A n d w i t h m o r e t h a n 8 0 d i f f e r - en t s l i d e s t o c h o o s e f r o m ( a n i n d u s t r y r e c o r d ! ) – a n d 1 0 op t i o n s i n T y p h o o n s l i d e s a l o n e , r a n g i n g f r o m 3 6 0 ° t o 8 5 5 ° , yo u ’ l l f i n d M i r a c l e ’ s s e l e c t i o n o u t - s l i d e s t h e c o m p e t i t i o n ! 1 2 3 4 Ap p r o p r i a t e f o r ag e s 2 - 5 o r 5 - 1 2 1 23 4 Tr e e h o u s e R o o f Fu n F o n e Ga t o r G r i p 2 3 4 1 Ty p h o o n S l i d e Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 1 Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com miratherm coating Mira-Therm2 In an effort to provide our customers with quality choices in coatings, Miracle Recreation conducted 9 months of thorough research and testing to develop a thermoplastic coating formulation, Mira-Therm2. Mira-Therm2 is an improved formulation of our tried and true polyvinyl chloride-based coating, Mira-Therm II. Mira-Therm2 is non- toxic, complies with all applicable rules, and contains no banned orthophtalates, lead or any substances banned by CPSIA. Shaping the Future of Play www.miracle-recreation.com 888-458-2752 Mira-Therm2 Features & Benefits: Abrasion resistant, non-skid, textured • finishes for long life in high traffic areas Contains anti-microbial additives to • help resist the growth of mold Added UV stabilizers to help • prevent color loss, hardening, and degradation Soft “rubber” feel for little hands and • knees Outstanding insulation against heat • transfer on contact Contains no orthophthalate or other • banned substances Five color choices: Brown, Red, • Hunter Green, Sand and Royal Blue Compliant with CPS Improvement Act• RED ROYAL BLUE HUNTER GREENBROWN SAND ALTERNATE NO. 1 Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com miratherm coating Mira-ThermPE In an effort to provide our customers with quality choices in coatings, Miracle Recreation conducted 9 months of thorough research and testing to develop a thermoplastic coating formulation, Mira-ThermPE. Mira-Thirm PE is a copolymer polyethylene- based coating that is non-toxic, complies with all applicable rules and contains no orthophthalates, lead or any substances banned by CPSIA. *Please allow 2 additional weeks for delivery when ordering Mira-Therm PE coating. Shaping the Future of Play www.miracle-recreation.com 888-458-2752 Mira-Therm2 Features & Benefits: Bright, long-lasting finishes add • burst of bold color to any Miracle playground Abrasion resistant, non-skid, textured • finishes for long life in high traffic areas Added UV stabilizers to help • prevent color loss, hardening and degradation Provides insulating layer to resist • heat transfer Three color choices: Red, Hunter • Green and Royal Blue Compliant with new CPS • Improvement Act Contains no orthophthalate or other • banned substances Environmentally friendly• Inherently mold and mildew resistant• RED ROYAL BLUE HUNTER GREEN ALTERNATE NO. 1 Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com ALTERNATE NO. 1 Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com ALTERNATE NO. 1 Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com ALTERNATE NO. 1 Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com D70056 Rev. S - February 1, 2013 Page 1 of 2 WARRANTYComprehensive Coverage with the Miracle® Limited Warranty. Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties: 1.LIMITED WARRANTY FOR AS LONG AS YOU OWN THE PRODUCT against structural failure due to corrosion and defects in materials and workmanship on aluminum deck posts, steel deck posts, the VersaLok® fastening system, and associated fastening hardware. 2.LIMITED FIFTEEN (15) YEAR WARRANTY against structural failure due to corrosion and defects in materials and workmanship on steel support legs and Mira-Therm™ II on MEGA TOWER®, TOTS' CHOICE®, KIDS' CHOICE®, CENTER STAGE®, Nexus® and Boulder Ridge® Rock Wall; on playsystem steel components including railings, rungs, and rigid climbers; and Rockite®. 3.LIMITED TEN (10) YEAR WARRANTY against structural failure due to corrosion and defects in materials and workmanship on all Play Cover® steel frames. 4.LIMITED TEN (10) YEAR WARRANTY on Play Terrain® Rubber Mulch safety surfacing against total color loss and for attenuation performance. Please contact your local representative for more information. 5.LIMITED EIGHT (8) YEAR WARRANTY on Play Terrain® Synthetic Turf safety surfacing for attenuation performance and appearance. Please contact your local representative for more information. 6.LIMITED FIVE (5) YEAR WARRANTY against rot, UV deterioration and defects in materials and workmanship on all PlayCover® fabric (NOTE EXCEPTION - shades of red carry LIMITED THREE (3) YEAR WARRANTY). 7.LIMITED FIVE (5) YEAR WARRANTY against structural failure due to defects in materials and workmanship on Kidrox® Climbing Rocks. 8.LIMITED FIVE (5) YEAR WARRANTY against degradation of design loading capabilities on all Webscapes® Net Climbers and Nexus® Nets (NOTE EXCEPTION - Webscapes® Net Climbers and Nexus® Nets carry a LIMITED ONE (1) YEAR WARRANTY against defects in materials and workmanship). 9.LIMITED THREE (3) YEAR WARRANTY against failure due to defects in materials and workmanship on Trim Timbers®. 10.LIMITED ONE (1) YEAR WARRANTY against failure due to defects in materials and workmanship on Slashproof Swing Seats and 360° Bucket Tot Seats for Swings. 11.LIMITED ONE (1) YEAR WARRANTY against structural failure due to defects in materials and workmanship on the following products and components: TODDLERS' CHOICE® main support materials and decks; pool slide support structures, stairways, landings, and railings; and bleachers. 12.LIMITED ONE (1) YEAR WARRANTY against failure due to defects in materials and workmanship on all MiracleTech™ Security products, including ParkWatch™, SonicScreen™ and SiteBrite™. 13.LIMITED ONE (1) YEAR WARRANTY against structural failure due to defects in materials and workmanship for all products and components that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers, swivels, chains, whirls, trolleys and flexible climbers. February 1, 2013 Rev. S ALTERNATE NO. 1 Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Page 2 of 2 BUYER'S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle will within a reasonable time and in its sole discretion repair or replace such defective or non-conforming product by providing replacement products or part(s) free of charge to the site. Miracle's limited warranties do not cover the cost of labor to remove defective or non-conforming part(s) or to install repaired or replacement part(s). All warranty periods begin on the date of Miracle's invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty. All warranties extend only to the original Buyer/end user of products from Miracle or Miracle's authorized reseller and are not transferrable. These limited warranties apply only to Miracle products that are erected and installed in conformance with Miracle's installation instructions, and that are maintained and inspected in conformance with Miracle's maintenance and operational instructions. These limited warranties specifically do not cover Miracle products: that have been modified, altered, or misused; that have not been used as designed or intended; to which non-Miracle parts have been added or substituted; or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, extraordinary weather or acts of God. MiracleTech Security™ systems limited warranties do not cover products serviced or repaired by unauthorized service providers. These limited warranties do not protect against color fade, except for PlayCover® as noted above. Buyer, by acceptance and use of these limited warranties, waives any rights it would otherwise have to claim or assert that this limited warranty fails of its essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. EXCEPT AS EXPRESSLY WARRANTED HEREIN, MIRACLE EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT SHALL MIRACLE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR OTHER PECUNIARY LOSS). D70056 Rev. S - February 1, 2013 February 1, 2013 Rev. S ALTERNATE NO. 1 LANDSCAPE STRUCTURES 1.3.cSECTION Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Br e w e r P a r k 2 - 5 A r e a So u t h M i a m i , F L J a n u a r y 2 1 , 2 0 1 5 1 0 6 0 0 - 1 - 1 De b b i e L e v i n e Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Br e w e r P a r k 2 - 5 A r e a So u t h M i a m i , F L J a n u a r y 2 1 , 2 0 1 5 1 0 6 0 0 - 1 - 1 De b b i e L e v i n e Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Br e w e r P a r k So u t h M i a m i , F L J a n u a r y 2 1 , 2 0 1 5 1 0 6 0 0 - 2 - 1 De b b i e L e v i n e Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Da n t e F a s c e l l P a r k So u t h M i a m i J a n u a r y 2 3 , 2 0 1 5 1 0 6 0 1 - 2 - 1 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Da n t e F a s c e l l P a r k So u t h M i a m i J a n u a r y 2 3 , 2 0 1 5 1 0 6 0 1 - 2 - 1 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Da n t e F a s c e l l P a r k So u t h M i a m i J a n u a r y 2 3 , 2 0 1 5 1 0 6 0 1 - 1 - 1 Da n t e F a s c e l l P a r k So u t h M i a m i J a n u a r y 2 3 , 2 0 1 5 1 0 6 0 1 - 1 - 1 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Da n t e F a s c e l l P a r k So u t h M i a m i J a n u a r y 2 3 , 2 0 1 5 1 0 6 0 1 - 4 - 1 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Da n t e F a s c e l l P a r k So u t h M i a m i J a n u a r y 2 3 , 2 0 1 5 1 0 6 0 1 - 3 - 1 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m AL T E R N A T E N O . 2 BID FORM ATTACHMENTS 2.0SECTION Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Page 20 of 80 Thomas F. Pepe 12-5-14 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1.Number of similar construction projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2.List the last three (3) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: 5 All 31 All Gibson Park; Playground, Open Play Areas, Community Center, Aquatic Complex, Football/Baseball Stadium, Community Center City of Miami, Capital Improvements and Transportation Program 444 NW 2nd Avenue, Miami, FL 33130 (305) 416-1225 530 days December 2011 August 2012 $9,794,667 $10,609,805 Doral Park; Playground, Football Field, Community Center, Tennis Courts, Basketball & Volleyball Courts City of Doral 8401 NW 53rd Terrance, Doral, FL 33166 Page 21 of 80 Thomas F. Pepe 12-5-14 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: (305) 593-6600 450 days April 2007 April 2007 $12,058,462 $13,714,151 Palmetto Bay Park; Playground, Softball Fields Recreational Bldg., Basketball Courts, Skate Park Pavillions, Sport Lighting, Landscaping & Irrigation Village of Palmetto Bay 2601 South Bayshore Drive, 10th Floor, Miami, FL 33133 (305) 859-2050 380 days December 2007 December 2007 $8,317,321 $8,153,421 Page 22 of 80 Thomas F. Pepe 12-5-14 3.Current workload Project Name Owner Name Telephone Number Contract Price 4.The following information shall be attached to the proposal. a) RESPONDENT’s home office organization chart. b) RESPONDENT’s proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5.List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6.Government References: List other Government Agencies or Quasi-government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Gibson Park Phase II, City of Miami (305) 416-1225 $10,609,805 Gymnasium Redevelopment of the City of Fort Lauderdale (954) 828-5130 $32,437,434 Ft. Laud. Aquatic Complex Porsche Design Tower 18555 Developers, LLC (305) 705-9066 $6,136,000 of Miami/Myrtha Pools Coastal Condominiums Project 1100 Biscayne CGI Mechant Group (786) 581-4800 $18,334,000 Hotel/ME Miami SLS Hotel Myrtha Pools Related Group (305) 460-9900 $1,649,059 Princess Ann YMCA YMCA of South (757) 962-5518 $1,219,108 Competition Pool Hampton Roads None None None City of Miami 444 SW 2nd Avenue, 8th Floor, Miami, FL 33130 Page 23 of 80 Thomas F. Pepe 12-5-14 END OF SECTION 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: (305) 416-1225 Jeovanny Rodriguez Design/Build Gibson Park City of Doral 8300 NW 53rd Street, Suite 202, Doral, FL 33166 (305) 593-6600 John Rebar Design/Build Doral Park Miami-Dade County 275 NW 2nd Street, 4th Floor, Miami, FL 33128 (305) 755-5453 Joel Arango Design/Build Homestead Air Reserve Park Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Key Features: • Aquatic Facility with 25Y short course Competition Pool • Community Center • Baseball Complex • Playground • Vita Course • Site Amenities • LEED Gold Certification Project Owner: City of Miami Department of Capital Improvements Jeovanny Rodriguez, Assistant Director for Capital Improvements 444 NW 2nd Avenue Miami, FL 33130 P: (305) 416-1225 E: JeovannyRodriguez@miamigov.com Initial Value: $9,794,667 Final Cost: $10,609,805 Delivery Method: Design/Build Cost and Scheduling Difference due to change in scope by owner. Gibson Park, Phase I Miami, FL The Gibson Park project includes major site preparation, site utilities, electric and lighting, landscaping and irrigation, a new synthetic turf multipurpose ball field with dugouts, fencing, scoreboard, sports lighting system, shaded stadium bleacher seating, two pavilion shelters and site furnishings. Include a two-story press box area, an ADA accessibility elevator building with accessibility to the press box. A crowd pleaser area with walkways, a 2,500sf Tot playground with play structures, shaded seating, open play area with play elements, a Health Beat Vita Course System with fitness equipment, a 25-yard Myrtha stainless steel community pool with a learn-to-swim area, a Tot pool with play features, pool deck and pool deck fencing, including a pool equipment/storage building. A new 6,491sf community building was constructed to house a park administrative office, lifeguard room, ticket booth office, health room, kitchenette, restrooms/lockers, exercise room, weight room, laundry area, storage rooms, reception area and open lobby area. RDC was proud to make recommendations that garnered additional LEED credits, ensuring certification and pushing the project to the next higher certification level. Our diligence in the field with regard to following green building practices also provided the project with exemplary performance credits. Our vigilance of the LEED scorecard assisted the Owner and design team to anticipate problem areas, and make adjustments, achieving a “Gold” certification from the Green Building Certification Institute. 2013 DBIA Florida Division “Merit Award” for Civic Project USGBC South Florida Chapter GALA Verde 2014 LEEDership and Green Award Most Outstanding LEED NC Public Project SIMILAR PROJECTS Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Key Features: • Playground • 5,000sf Recreational Bldg • Two lighted soccer fields • Basketball courts • Volleyball courts • Picnic Shelters • Shade Canopy • Central Plaza • Walking Pathways • 152 Car Parking • Site Lighting • Landscaping & Irrigation • Vital Course Project Owner City of Doral John Rebar 8401 NW 53rd Terrace, Doral, FL 33166 P: (305) 593-6600 E: John.Rebar@cityofdoral.com Initial Value: $12,058,462 Final Cost: $13,714,151 Delivery Method: Design/Build SIMILAR PROJECTS Doral Park Doral, FL Doral Park includes two lighted soccer fields designed with “Sportexe” Synthetic Turf, three lighted basketball courts, two lighted sand volleyball courts, walking path with 10 station Vita Course, picnic shelters, large ADA accessible playground with shade canopy, lighted tennis courts, 5,000 square foot Recreation Center Building, parking for 152 cars, open play areas, landscaping and perimeter fencing, scoreboard for all sports and a central plaza for gathering with neighbors. Winner of the 2007 American Sports Builders Association Award for “Distinguished Multi-Purpose Turf Facility” Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Key Features: • Boundless Playground • Softball Fields • Multipurpose Bldg • Site Amenities • Pavilions • Sports Lighting • Parking • Landscaping & Irrigation Project Owner Village of Palmetto Bay Fanny Carmona P: 305) 859-2050 Initial Value: $8,317,321 Final Cost: $8,153,421 Delivery Method: Design/Build SIMILAR PROJECTS Palmetto Bay Park Village of Palmetto Bay, FL DThe 24-acre park includes a variety of recreational facilities including a two-story 2,366 square foot multipurpose building with restrooms, press box, concession and multipurpose room, 2,150 square foot recreation building, 6 lighted softball fields, batting cage, shade covered bleachers, boundless playground, 2 pavilions, 2 basketball courts, skate park, site amenities, walkways, parking, site lighting, landscaping and fencing. Palmetto Bay Park is the Villages second design-build park developed as part of its comprehensive park program. DE S I G N - B U I L D E R RE C R E A T I O N A L D E S I G N & C O N S T R U C T I O N Jo s e p h C . C e r r o n e , I I I , P r e s i d e n t Pr i n c i p a l - i n - C h a r g e / C o n t a c t P e r s o n PR E - C O N S T R U C T I O N & ES T I M A T I N G Wi l l y V o g t Di r e c t o r o f P r e - C o n s t r u c t i o n an d E s t i m a t i n g Da v i d G o m e z , Pr e - C o n s t r u c t i o n M a n a g e r Fr a n k H e v e n e r , Es t i m a t o r OF F I C E S T A F F Di b b M a c h u c a , As s i s t a n t P r o j e c t M a n a g e r Ri c a r d o P e l l , Pr o j e c t E n g i n e e r My l e n a C o n c e p c i o n , Pr o j e c t E n g i n e e r Ir i s S l o n e s , Gr a p h i c & W e b D e s i g n e r / M a r k e t i n g CO N S T R U C T I O N Jo s e p h C . C e r r o n e , I I I , P r e s i d e n t Pr i n c i p a l - i n - C h a r g e / C o n t a c t P e r s o n An t h o n y C o t t e r , Di r e c t o r o f C o n s t r u c t i o n Ar i e l G u i t i a n , Pr o j e c t M a n a g e r Di b b M a c h u c a , A s s i s t a n t P r o j e c t M a n a g e r VE N D O R S / MA N U F A C T U R E R S PR O J E C T M A N A G E M E N T Ar i e l G u i t i a n , Se n i o r P r o j e c t M a n a g e r Sc o t t G r e i n e r , Se n i o r P r o j e c t M a n a g e r AC C O U N T I N G Cy n t h i a G l u n t , O f f i c e A c c o u n t a n t Su e D a m m y e r , O f f i c e A c c o u n t a n t SI T E M A N A G E M E N T Da r r y l B r i g h t , Si t e S u p e r i n t e n d e n t Mi k e M a n f r a , Si t e S u p e r i n t e n d e n t Si l v i o W o n g , Si t e S u p e r i n t e n d e n t LO C A L V E N D O R S Su b c o n t r a c t o r s , Ma n u f a c t u r e r s a n d Su p p l i e r s QU A L I T Y C O N T R O L / QU A L I T Y A S S U R A N C E An t h o n y C o t t e r , Co n s t r u c t i o n Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m H O M E O F F I C E O R G A N I Z A T I O N A L C H A R T Pl a y g r o u n d D e m o l i t i o n a n d N e w I n s t a l l a t i o n a t F o u r ( 4 ) C i t y P a r k s R F P # P R 2 0 1 4 - 1 5 | J A N U A R Y 2 7 , 2 0 1 5 | w w w . R D C D e s i g n B u i l d . c o m DE S I G N - B U I L D E R RE C R E A T I O N A L D E S I G N & C O N S T R U C T I O N Jo s e p h C . C e r r o n e , I I I , P r e s i d e n t Pr i n c i p a l - i n - C h a r g e / C o n t a c t P e r s o n PR E - C O N S T R U C T I O N & ES T I M A T I N G Wi l l y V o g t Di r e c t o r o f P r e - C o n s t r u c t i o n an d E s t i m a t i n g Da v i d G o m e z , Pr e - C o n s t r u c t i o n M a n a g e r Fr a n k H e v e n e r , Es t i m a t o r OF F I C E S T A F F Di b b M a c h u c a , As s i s t a n t P r o j e c t M a n a g e r Ri c a r d o P e l l , Pr o j e c t E n g i n e e r My l e n a C o n c e p c i o n , Pr o j e c t E n g i n e e r Ir i s S l o n e s , Gr a p h i c & W e b D e s i g n e r / M a r k e t i n g CO N S T R U C T I O N Jo s e p h C . C e r r o n e , I I I , P r e s i d e n t Pr i n c i p a l - i n - C h a r g e / C o n t a c t P e r s o n An t h o n y C o t t e r , Di r e c t o r o f C o n s t r u c t i o n Ar i e l G u i t i a n , Pr o j e c t M a n a g e r Di b b M a c h u c a , A s s i s t a n t P r o j e c t M a n a g e r VE N D O R S / MA N U F A C T U R E R S PR O J E C T M A N A G E M E N T Ar i e l G u i t i a n , Se n i o r P r o j e c t M a n a g e r Di b b M a c h u c a , A s s i s t a n t P M AC C O U N T I N G Cy n t h i a G l u n t , Of f i c e A c c o u n t a n t Su e D a m m y e r , O f f i c e A c c o u n t a n t SI T E M A N A G E M E N T Si l v i o W o n g , Si t e S u p e r i n t e n d e n t LO C A L V E N D O R S Su b c o n t r a c t o r s , Ma n u f a c t u r e r s a n d Su p p l i e r s QU A L I T Y C O N T R O L / QU A L I T Y A S S U R A N C E An t h o n y C o t t e r , Co n s t r u c t i o n R E S P O N D E N T ’ S P R O P O S E D P R O J E C T O R G A N I Z A T I O N A L C H A R T Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Project Experience: Gibson Park, Miami, FL Lakewood Regional Park, Ft. Pierce, FL North Community Park, Coral Springs, FL Doral Meadows Park, Doral, FL Royal Oaks Sports Park Phase I, Miami Lakes, FL Grapeland Heights Park, Miami, FL Palmetto Bay Park, Palmetto Bay, FL Marathon Community Park Phase I, Marathon, FL Homestead Air Reserve Park Soccer Complex and Restroom/Storage Bldg, Homestead, FL Lakeside Park, Coconut Creek, FL Wimberly Field Improvements, Oakland Park, FL Sunrise Athletic Complex Baseball Complex, Sunrise, FL Westwind Lakes Park, Miami, FL Cypress Park Soccer Field, Coral Springs, FL Wimberly Complex Enhancements, Oakland Park, FL Doral Park, Doral, FL Little Haiti Park Phase I Soccer Field & Stadium, Phase II Recreation Building, Miami, FL Cutler Ridge Park Improvements, Cutler Ridge, FL McGinnis Park Improvements, Planation, FL Sunset Point Park, Tamarac, FL Welleby Park, Sunrise, FL Dr. Carter G. Woodson Park Improvements, Oakland Park, FL Boca Raton Pocket Parks Boca Raton, FL Firefighters Park, Margate, FL Redevelopment of the Fort Lauderdale Aquatic Complex, Fort Lauderdale, FL Schlitterbahn/Fort Lauderdale Water Park, Fort Lauderdale, FL Joseph C. Cerrone, III President/Principal-in-Charge Experience Since 1987, Joe Cerrone has used his construction and management skills to plan, organize and direct first his own firm from 1987 to 1995, and then RDC. Under his leadership, J.C. Cerrone, Inc., ranked 264th in the top 500 commercial interior contractors in the U.S., completing tens of thousands of Class A office space as well as thousands of square feet of high-end retail interiors in some of South Florida’s most prestigious malls. The company specialized in designing and building in-line and stand-alone kitchens along with family-owned and national restaurant chains. It also acted as the Discovery Zone’s at-fee developer and design/build contractor, completing seven Florida locations in two years. At RDC, Mr. Cerrone is responsible for the daily operations of the company and oversees the business development and preconstruction divisions for numerous clients throughout Florida and the Caribbean. Under his leadership, RDC has become an award-winning design/builder specializing in commercial, recreational and municipal facilities. The firm’s extensive client list includes the cities of Doral, Fort Lauderdale and Miami, as well as nearly 75 percent of the local governments and municipalities in Miami- Dade and Broward counties. Credentials • New York Institute of Technology, Architecture • University of Florida, Architectural and Building Construction • Florida International University, Architectural & Building Construction Graduate Courses • All State Construction School, Florida • General Contractor License-State Certified: CGCA21702 • Commercial Pool/Spa State Certified: CPC1457035 • Certified Aquatic Facility Operator, AFO Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Tony Cotter Director of Construction Experience Tony Cotter began his construction career in 1985 as Vice President of Opera- tions for Development Consultants, Inc., in Hartford, Conn. Over the years, he has held executive positions in some of South Florida’s most respected con- struction companies, including D.H. Griffin and Baker Concrete. He is a skilled planner and builder with a successful history of securing and managing all aspects of construction. His experience ranges from municipal, industrial and commercial projects to mixed-use hotels, sports facilities and airports. Credentials • Bachelor of Science, Construction Engineering, Iowa State University • Florida General Contractors License (reinstatement pending) • 10- and 30-hour OSHA training • CPR/first aid, confined space, fall arrest, haz-com training • NCCER Instructor Certification • Supervisory Skills Training • People First Program Certificate Project Experience: South Broward High School Aquatic Facility, Fort Lauderdale, FL* Murray Park Aquatic Facility, South Miami, FL* Project 1100 Biscayne Blvd., Miami, FL/ME Miami Hotel -conversion/renovation and pool renovation, Miami, FL* Redevelopment of the Fort Lauderdale Aquatic Complex, Fort Lauderdale, FL* Porsche Towers of Miami 116 Residential Pools and Community Pool, Miami, FL* Marriot Hotel - 60 Room Concierge Hotel Addition & Parking Garage - Farmington, CT Canyon Ranch Living - 1 million SF mixed-use project. 580 condo units, 68,000 SF spa and retail - Miami, FL Redevelopment of the Fort Lauderdale Aquatic Complex, Fort Lauderdale, FL* Marlins Ballpark, Miami, FL Miami Intermodal Center, Miami International Airport, 3.4 Million SF Rental Facility, Miami, FL Miami International Airport-Concourse B-C Infill Project, Miami, FL One State Street-24 Story Office Building/1000-Car Parking Garage, Hartford, CT Hartford Life Insurance Headquarters, Simsbury, CT/600,000 sf office Aetna Realty Headquarters, Hartford, CT Central Trust Center, Cincinnati, OH 27 story office building Palm Beach County Supervisor of Elections Facility, 45,000 SF Office, West Palm Beach, FL Palm Beach County Water Utilities Headquarters, Boynton Beach, FL Bloomingdale’s By Mail, Cheshire, CT * Note: All projects with RDC Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Willy Vogt Director of Pre-Construction Experience Willy Vogt has been in the construction business since 1986, and with RDC since 2014. Over his career, he has held management-level positions, including Design-Build Director and Chief Estimator/Preconstruction Manager. At RDC, he has been instrumental in implementing corporate procedures, protocols and controls to promote a corporate culture of excellence and accountability. Mr. Vogt’s attention to detail in combination with his superior organizational skills has resulted in business strategies that maximize business opportunities, promote efficiency and prevent overruns. One of his trademarks —comprehensive schedules—ensures project continuity by helping field personnel achieve benchmarks and milestones. And, his affinity for numbers makes him a master at producing accurate and competitive bid proposals. Credentials • Florida Certified General Contractor • LEED Accredited Professional • Civil Engineer (BS), Javeriana University Bogota, Colombia • Scheduling and Project Management Coursework • Building Information Modeling (BIM)—Navisworks (4D Design Review) Coursework • Technical Drawing—AutoCAD Coursework • Feasibility and Financial Evaluation of Construction Projects Coursework Project Experience: Project 1100 Biscayne Blvd., Miami, FL/ME Miami Hotel -conversion/renovation and recreational pool renovation, Miami, FL Redevelopment of the Fort Lauderdale Aquatic Complex, Fort Lauderdale, FL * Porsche Towers of Miami 116 Residential Pools and Community Pool, Miami, FL * Schlitterbahn/Fort Lauderdale Water Park, Fort Lauderdale, FL* Institutional and Public: SE Public Safety – Public Works Facility – Hollywood, Florida Beach Parking Garage – Public Parking Structure – Pompano Beach, Florida Residential: One Village Place – Condos – Coral Gables, Florida Retail: Lifestyle/ Street Malls Delray Marketplace - Delray Beach, Florida Promenade at Coconut Creek - Coconut Creek, Florida Canyon Town Center – Boynton Beach, Florida Colonnade Phase I and III at Sawgrass Mills – Sunrise, Florida Mixed-Use Publix Riviera - Riviera Beach, Florida The Fresh Market – South Beach, Florida Shops of Civica – Miami, Florida Retail Centers Wellington Green – Wellington, Florida The Shoppes at the Fountains Redevelopment – Plantation, Florida Saint Lucie West Plaza – Port Saint Lucie, Florida Super-Stores Target – Deerfield Beach; Port Saint Lucie; Coral Springs and Miami, Florida Kohl’s – Miramar and Hollywood, Florida Stand-Alone Super-Markets Publix, Winn Dixie and Stuart Fine Foods * Note: All projects with RDC Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Ariel Guitian Senior Project Manager Experience Ariel has extensive experience in the field of Construction Administration, tenant improvement work, garden apartment projects, restaurants, public and governmental work, concrete shell work and construction engineer inspection. For 24 years Ariel’s background is serving as a Project Manager, Project Engineer and Director of a Construction Administration. Construction Administration: Construction Administration Director. Created a management system using Primavera Expedition software for tracking RFI’s, submittals, change orders and correspondence. Assist the owner in determining the general contractor, finalizing the guaranteed maximum price, and coordinate with local municipalities. Assist in different phases of the project from schematic design to design development to construction documents. Coordinate and schedule a staff of six. Public and Governmental Work: Worked in the Metro Mover Project, Miami, FL and numerous Public Schools in Dade, Broward and Palm Beach Counties. The Metro Mover Project-responsible for RFI’s, submittals, change orders and assistance in scheduling. Public Schools-Involved in all phases of construction estimating, building permit procurement, coordinating with owners, trades and City Inspectors. Procured Substantial Completion. Construction Engineering Inspection: A Field inspector for the New River Bridge over the New Fork River (I-95 North and South Bound). This project was part of the I-595 and I-95 intersection located in Ft. Lauderdale, FL. Involved in inspecting piles, reinforcing steel for piles caps, columns, beams and decks and steel girders connection. Tested soil and concrete. Education: University of Miami, Coral Gables, FL Civil Engineering Miami-Dade College, Miami, FL Associates in Arts-Engineering License/Registration: General Contractor License-State Certified: CGC057146 Project Experience: Murray Park Aquatic Facility, South Miami, FL Gibson Park, Miami, FL Ulteta Community Center, North Miami, FL Doral Park, Doral, FL Doral Park Meadows Baseball Complex & Football Fields Doral, FL Cutler Ridge Park, Cutler Bay Palmetto Bay Park, Village of Palmetto, FL Grapeland Heights Park Phase I Baseball Complex, Phase II Aquatic Complex and Phase III Community Center, Miami, FL Little Haiti Park Phase I, Soccer Complex, Miami, FL Little Haiti Park Phase II, Recreation Building, Miami, FL Project 1100 Biscayne Blvd., Miami, FL/ME Miami Hotel -conversion/renovation and recreational pool renovation, Miami, FL Broward County Sheriff’s Office Crime Lab Renovations Phase II Fort Lauderdale, FL V2Cigs Retail Store at Lincoln Road Miami Beach, FL Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Relevant Experience: Gibson Park Community Center, Baseball Field and Aquatic Complex, Miami, FL Homestead Air Reserve Park Soccer Field & Restroom/Storage Building, Homestead Doral Park, Doral, FL Doral Meadows Park Baseball Complex & Football Fields, Doral, FL Grapeland Heights Park Phase I Baseball Complex, Miami, FL Grapeland Heights Park Phase II Aquatic Complex, Miami, FL Grapeland Heights Park Phase III Community Center, Miami, FL Perrine Wayside Park, Palmetto Bay, FL Palmetto Bay Park, Palmetto Bay, FL Little Haiti Park Phase I Soccer Field, Miami, FL Little Haiti Park Phase II Recreation Building, Miami, FL FIU Football Field Stadium, Miami, FL Cutler Ridge Park, Cutler Bay, FL Westwind Lakes Park, Miami, FL Miami Dade College North Aquatic & Fitness Center (SF Homeland Security Training Center), Miami, FL Silvio A. Wong Project Superintendent Experience Silvio is experienced in all aspects in the field of rough carpentry and supervisory skills. He is responsible for the day-to-day coordination and supervision of labor and subcontractors, scheduling of activities and compliance with code and construction documents. Credentials • Studies in Electrical Engineering – Cardenas, Cuba Skills Operation of various pieces of machinery, hand tools and miscellaneous equipment; reading plans; an understanding of all aspects of construction, from site utility and preparation to building finishes. Playground Demolition and New Installation at Four (4) City Parks RFP #PR2014-15 | JANUARY 27, 2015 | www.RDCDesignBuild.com Project Experience: Project 1100 Biscayne Blvd., Miami, FL/ME Miami Hotel -conversion/renovation and recreational pool renovation, Miami, FL * Murray Park Aquatic Facility, South Miami, FL* Everglades National Park-Interior Cyclic Renovation of Pine Island Buildings Sunland Terrace Apts. Renovation Planet FIAT 1600 Ponce, 13 story bldg Toscano Condominiums Miami Heat Store build-out Miami International Airport Renovations BankofAmerica build-out BB&T build-out TY Bank Interior build-out * Projects with RDC Dibb Machuca Assistant Project Manager Experience Accomplished, diversified construction management professional with over 13 years of experience in Federal (Aviation), mid-scale commercial, mixed-used, interior tenant improvements, residential and financial institution projects. Possess proven ability to lead all phases of construction and renovation projects across multiple industries. Experienced in broad spectrum of project management skills such as but not limited to project planning, scheduling, resource allocation, project accounting, project engineering, contract administration, executing program objectives and safety compliance. Credentials • B.S. in Construction Management Graduation: 12/2007 Key Strengths • Project Planning and Management • Quality Assurance and Quality Control • Owner, Subcontractor and Vendor relationship • Efficient Time Management • Project Punch out • Strong work ethics and drive • Excellent communication skills – English and Spanish • Thorough knowledge of various government and private body regulations • Computer skills: Prolog Manager v. 7.2, Microsoft Project, AutoCAD R-14, Microsoft Office tools • Site Supervision • Quantity takeoffs and Cost Estimating • Contract Administration • Purchasing/Procurement • Project Engineering • Comprehensive knowledge of construction principles and best practices • Safety Management & OSHA 30hrs • Resolution of claims and challenges • Strong Leadership and Team building skills • Capacity to motivate, lead and instill positive morale Page 26 of 80 Thomas F. Pepe 12-5-14 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ___________________________________________ being first duly sworn, deposes and states that: (1) He/She/They is/are the ______________________________________________________ (Owner, Partner, Officer, Representative or Agent) of __________________________________________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: _________________________________ By: ___________________________________ Witness Signature _________________________________ ___________________________________ Witness Print Name and Title ___________________________________ Date Recreational Design & Construction, Inc. Joseph Cerrone, III President/Owner Joseph Cerrone, III January 23, 2015 Page 27 of 80 Thomas F. Pepe 12-5-14 ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)______________________________________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. _______________________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ______________________________________ (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. 23 January 15 X Joseph Cerrone, III Page 28 of 80 Thomas F. Pepe 12-5-14 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes – “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list”. The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. 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 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by 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. 4. I understand that an “affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or City of South Miami Joseph Cerrone, III, President Recreational Design & Construction, Inc. 3990 North Powerline Road Fort Lauderdale, FL 33309 65-0439173 Page 29 of 80 Thomas F. Pepe 12-5-14 (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 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 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] _____ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH 1 (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. ____________________________________ [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 Form PUR 7068 (Rev.06/11/92) name of notary public) X X 23 January 15 Page 30 of 80 Thomas F. Pepe 12-5-14 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1)Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2)Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3)Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4)In the statement specified in Subsection (1), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 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. RESPONDENT’s Signature: ___________________________________ Print Name: _________________________________________ Date: ______________________________________________ Joseph Cerrone, III January 23, 2015 Page 31 of 80 Thomas F. Pepe 12-5-14 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the “Playground Demolition and New Installation at Four (4) City Parks” project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor’s names): ____________________________________________________________________________________ to comply with such act or regulation. CONTRACTOR _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title END OF SECTION Recreational Design & Construction, Inc. Joseph Cerrone, III President Star Paving and Gametime Dominica Recreation Page 25 of 80 Thomas F. Pepe 12-5-14 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. 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 Bidder within five (5) business days after Bid Opening. END OF SECTION N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Star Paving 15190 SW 136 St., #4 (305) 463-9030 Miami, FL 33196 starpaving@aol.com Gametime P.O. Box 520700 (800) 432-0162 Dominica Recreation Longwood, FL 32752 DPR@gametime.com Gametime P.O. Box 520700 (800) 432-0162 Dominica Recreation Longwood, FL 32752 DPR@gametime.com Recreational Design & 3990 N. Poweline Rd. (954) 566-3885 Construction, Inc. Fort Lauderdale, FL Joe@RecreationaldDesign.comDemolition Page 32 of 80 Thomas F. Pepe 12-5-14 RELATED PARTY TRANSACTION VERIFICATION FORM I ______________________________, individually and on behalf of ______________________________ (“Firm”)have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics, Section 8A-1 of the City’s Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ____________________________________________________________________________________ _(use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. Joseph Cerrone, III Recreational Design & Construction, Inc. None None None Page 33 of 80 Thomas F. Pepe 12-5-14 (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows:____________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ______________________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons’ immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City’s Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ ATTACHED: None None None Joseph Cerrone, III January 23, 2015 Page 34 of 80 Thomas F. Pepe 12-5-14 Sec. 8A-1 - Conflict of interest and code of ethics ordinance. Municode Page 10f4 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. Page 35 of 80 Thomas F. Pepe 12-5-14 This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. Page 36 of 80 Thomas F. Pepe 12-5-14 No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i)Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. . (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. Page 37 of 80 Thomas F. Pepe 12-5-14 (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680, § 2, 3-2-99) Editor's note- Ord. No. 6-99-1680, § 1, adopted 3-2-99, repealed §§ 8A-1 and 8A-2 in their entirety and replaced them with new §§ 8A-1 and 8A-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ 1 (1A-1), 1 (1A-2) adopted Jan. l1, 1969. END OF SECTION Page 39 of 80 Thomas F. Pepe 12-5-14 CONTRACT “Playground Demolition and New Installation at Four (4) City Parks” THIS CONTRACT was made and entered into on this _________ day of _________________, 20____, by and between _________________________________________________ (hereafter referred to as “Contractor”), and the City of South Miami (hereafter referred to as “Owner”), through its City Manager (hereafter referred to as “City”). . WITNESETH: That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1.The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents, and hereinafter referred to as the Work. 2.The Contract Documents shall include this Contract, the General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents (“hereinafter referred to as “Bid Documents”) and any documents to which those documents refer and that are used by the Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3.The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4.The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the amount of: ________________________________________ Dollars ($________.00___), Lump Sum (“Contract Price”). (Spell Dollar Amount on line above) 5.The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent shall have no right to additional compensation for such work. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6.If the Work is expected to require more than one month, the Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7.Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 8.In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid by the Contractor at the rate of $2,800 dollars per day, plus any monies paid by the Owner to the Consultant, if any, for additional engineering and inspection services, if any, associated with such delay. 9.It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond (“Bond”) is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within five (5) 27 January 15 Recreational Design & Construction, Inc. Four Hundred Sixteen Thousand Two Hundred Five Dollars and Zero Cents 416,205 Page 40 of 80 Thomas F. Pepe 12-5-14 business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 10.No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City and in accordance with the Contract Documents. 11.The date that this contract was “made and entered into” is the date that the last party signs this contract. The Effective Date of this contract is the date it was made and entered into or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution. 12.The date that this contract was “made and entered into” and its effective date is the date that the contract is the signed by the City. 1 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original Contract. CONTRACTOR:_________________________ Signature: _____________________________ Name: ________________________________ Title: ______________ AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature:________________________________ Maria Menendez Steven Alexander City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution thereof: Signature: ________________________ City Attorney Recreational Design & Construction, Inc. Joseph Cerrone, IIIPresident Page 41 of 80 Thomas F. Pepe 12-5-14 GENERAL CONDITIONS ARTICLE 1 – DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article shall not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of these terms: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: A form approved by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to the City’s solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143. 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. Contract Documents: The Contract Documents shall include the Contract between the Owner and the Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR’S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY’S governing body. CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract. CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as designated by the CITY in writing and delivered to the CONTRACTOR. Day: A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it shall be presumed to be a calendar day unless specifically designated as a business day. Days: The number of twenty-four (24) hour periods following the event to which the word “days” refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Page 42 of 80 Thomas F. Pepe 12-5-14 Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT’S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the City); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. 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 signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor “punch list” items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor “punch list” work. Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Page 43 of 80 Thomas F. Pepe 12-5-14 Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY’s Manager and the CONSULTANT. ARTICLE 2 – PRELIMINARY MATTERS Award: 2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for execution within one hundred eighty (180) calendar day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed shall, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond: 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 whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond shall continue in effect for five 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 shall, upon notification by CITY, correct any patent defective or faulty Work or materials which appear within one year after final completion of the Contract and shall, upon notification by CITY, correct any latent defective or faulty Work or materials which appear within five year after final completion of the Contract. 2.3.3 Pursuant to the requirements of Section 255.05(1), 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 A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance 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 it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect Page 44 of 80 Thomas F. Pepe 12-5-14 performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the CITY Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither the CITY nor the CONSULTANT shall be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but before starting the Work at the site, a pre-construction conference shall be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY’S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcontractors, Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. Page 45 of 80 Thomas F. Pepe 12-5-14 ARTICLE 3–CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT’s attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to the City shall apply 3.3 The words “furnish” and “furnish and install”, “install”, and “provide” or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean “furnish and install complete in place and ready for service”. 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If 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, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.11 The CONTRACTOR shall advised the CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence. In the event that there is a conflict between or among the Contract Documents, only the latest version shall apply and the latest version of the Contract Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. Page 46 of 80 Thomas F. Pepe 12-5-14 (a)Amendments/addenda and Change Orders (b)Supplementary Conditions (c)Contract with all Exhibits thereto (d)General Conditions (e)Written or figured dimensions (f)Scaled dimensions (g)Drawings of a larger scale (h)Drawings of a smaller scale (i)Drawings and Specifications are to be considered complementary to each other ARTICLE 4 – AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the 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 shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the 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 it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The 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 the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done in writing signed by the City Manager or the CONSULTANT. ARTICLE 5 – INSURANCE AND INDEMNIFICATION 5.0 Insurance Page 47 of 80 Thomas F. Pepe 12-5-14 A.Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as “FIRM” with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B.No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY’s sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 5.1 Firm’s Insurance Generally The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 5.1.1 Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. 5.1.2 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim 5.1.3 Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Page 48 of 80 Thomas F. Pepe 12-5-14 5.1.4 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional one million dollar ($ 1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 5.2 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and substituting the word SUBCONTRACTOR for the word FIRM and substituting the word FIRM for CITY where applicable. 5.3 Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A.In the event that this contract involves the construction of a structure by the FIRM, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Property Insurance on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement value of the insured property. The policy shall be in the name of the CITY and the FIRM, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B.All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be clearly not applicable. 5.4 Miscellaneous: A.If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. The CITY shall have the option, but not the duty, to pay any unpaid premium and the right to terminate or cancel the policy thereafter without notice to FIRM or liability on the part of the CITY to the FIRM for such cancellation. B.All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C.The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY. D.Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida by an insurance carrier that is not issuing the policy as a surplus lines carrier and the policy must remain in full force and effect for the duration of the contract period with the CITY. The FIRM must provide a “certified copy” of the Policy (as defined in Article 1 of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements if such provision is not already contained in the policy: (a) an endorsement to the policy in substantially the following form: “The City of South Miami is an additional named insured with the right but not the obligation to pay any unpaid premium and providing that the city does not have any duty or obligation to provide first notice of claim for any liability it incurs and that arises out of the acts, omissions or operations of the named insured. The insurer will pay all sums that the City of South Miami Page 49 of 80 Thomas F. Pepe 12-5-14 becomes legally obligated to pay as damages because of ‘bodily injury”, ‘property damage’ , or ”personal and advertising injury” and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B”; (b) an endorsement to the policy in substantially the following form: “This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami 10 days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City.” If the policy does not have a provision or endorsement that provides the City with advanced notice of cancellation as required by the City, the contractor may still comply with the City‘s insurance requirement if the contractor provides the City with proof that the policy premium has been paid in full and provided the contractor makes arrangements with its insurance company to allow the City to confirm, monthly, that the policy is in full force and effect. In addition, the Contractor must pay the City a monthly monitoring fee, currently set at $25 per month, or have the amount deducted from the Contractor’s draws/payments. 5.5 Indemnification 5.5.1 The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. 5.5.2 The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. 5.5.3 The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub- Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. 5.5.4 The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. 5.5.5 The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. 5.5.6 The obligations of the CONTRACTOR under paragraph 5.5 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 Page 50 of 80 Thomas F. Pepe 12-5-14 directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 5.5.7 All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as “Supervisor” at the Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any CITY Representative at all reasonable times. A set of “As-Built” drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, shall be made available to the City at all times and it shall be delivered to the CITY upon completion of the Project. Labor, Materials and Equipment: 6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site. 6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Materials, Equipment, Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within one hundred eighty (180) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental Page 51 of 80 Thomas F. Pepe 12-5-14 changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between 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 pay or to see to payment of any persons due subcontractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. Patent Fees and Royalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He shall indemnify and hold harmless the 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 Page 52 of 80 Thomas F. Pepe 12-5-14 fees) arising out of any infringement of such rights during or after the completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent 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. Permits: 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations: 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings Page 53 of 80 Thomas F. Pepe 12-5-14 shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order, in a book or binder, in chronological order or in such other order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANT’s review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the CITY, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and Safety: 6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South Page 54 of 80 Thomas F. Pepe 12-5-14 Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions: 6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 6.32 through 6.34 have been deleted. Responsibility for Connection to Existing Work: 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be done in accordance with requirements of the special conditions. The CITY will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities, Etc.: 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as “third parties”) owning or controlling roadways, railways, water, sewer, gas, electrical conduits, and telephone facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the performance of his Work, shall permit entrance of such third parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and CITY as well as their instructions with regard to signs, advertisements, fires and smoking. Page 55 of 80 Thomas F. Pepe 12-5-14 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be fenced to protect the job site and the general public. 6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protection of Existing Property Improvements: 6.39 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 7 – WORK BY OTHERS 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the 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. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR’s Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected. 7.4 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 will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. 7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work shall require specific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR’s operations, the CONTRACTOR shall notify the CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be Page 56 of 80 Thomas F. Pepe 12-5-14 construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR’s own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR’s cost. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8.4 The CITY’S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 – CONSULTANTS’ STATUS DURING CONSTRUCTION City’s Representative: 9.1 The CONSULTANT shall be the CITY’S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY’S representative during construction are set forth in Articles 1 through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT’s decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site- observations as an experienced and qualified design professional, he shall keep the CITY informed of the progress of the Work and shall guard the CITY against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation it shall be required to submit a timely claim as provided in Articles 11 and 12. Measurement of Quantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as defined in Article 1. It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. In the event that the CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing shall be approved in writing by the CITY. All consequential cost of such inspections and testing, including but not Page 57 of 80 Thomas F. Pepe 12-5-14 limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work. Shop Drawings, Change Orders and Payments: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with the CONSULTANT’s responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 - CHANGES IN THE WORK 10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions, deletions or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A written Change Order signed by the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order shall result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT’s Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. Page 58 of 80 Thomas F. Pepe 12-5-14 ARTICLE 11 – CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. 11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 CITY-furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. 11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to those listed in section 11.7 and 11.8. 11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable costs, the CONTRACT shall provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade County and shall include only the following items: 11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided it was not in any way, whether in whole or in part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that Page 59 of 80 Thomas F. Pepe 12-5-14 offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the CITY deposits funds with CONTRACTOR with which to make payments in which cases 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. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine, with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance this section 11.8 and in such case the word “Subcontractor” shall be substituted for the word “CONTRACTOR”. 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term Cost of the Work shall NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 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 in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. Page 60 of 80 Thomas F. Pepe 12-5-14 ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the 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 of the Work. No extension of time shall be granted due conditions that the Contractor knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the 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 as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY’S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR’s sole remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from 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. 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21st day following the date of the event upon which the claim is based. Page 61 of 80 Thomas F. Pepe 12-5-14 ARTICLE 13 - GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Word at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, shall take precedence over Section 13.1. ARTICLE 14 - PAYMENTS AND COMPLETION Payments to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a “purchase order”, or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once 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 estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, which establishes the CITY’S title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the 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. 14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor’s Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the CITY shall have the right to issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title Page 62 of 80 Thomas F. Pepe 12-5-14 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, shall have passed to the 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, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTNT’s approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANT’s on site observations of the Work in progress as an experienced 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 in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article 1, 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. 14.5 The CONTRACTOR shall make the following certification on each request for payment: “I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied materials". In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money shall be withheld from the CONTRACTOR’s payment until the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to the CITY as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect the CITY from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. Page 63 of 80 Thomas F. Pepe 12-5-14 14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with the CONTRACTOR’s completion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the City. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the CITY’s Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the 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. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the CITY from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.5 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than one hundred eighty (180) calendar days by notice in writing to the CONTRACTOR and the CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly Page 64 of 80 Thomas F. Pepe 12-5-14 attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles 11 or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY shall be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the CONTRACTOR from liability. 15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment and supplies from the property of the 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 and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such equipment or supplies. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than one hundred eighty (180) calendar days by the CITY or by order of other public authority, or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or the 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 Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Contract, if the CONSULTANT has failed to act on an Application for Payment or the 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. Indemnification of Consultant. Page 65 of 80 Thomas F. Pepe 12-5-14 15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore, the CITY or the CONTRACTOR, at the CONSULTANT’s request, agree to provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless before the CONSULTANT makes an interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of the CONSULTANT. ARTICLE 16 - MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the CITY and CONSULTANT thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should the 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 twenty one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIAL 17.1 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 arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami-Dade County, Florida. 18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the prevailing party shall be entitled to recover all such costs and expenses, including, but not limited to, court costs, and reasonable attorney's fees. 18.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between the CITY and the CONTRACTOR arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS 19.1 The CITY shall have right to inspect and copy during regular business hours at 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 Page 66 of 80 Thomas F. Pepe 12-5-14 accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) business day’s written notice. 19.2 ACCESS TO PUBLIC RECORDS. CONTRACTOR and all of its subcontractors are required to comply with public records laws (s.119.0701) and the CONTRACTOR agrees to incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: a. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. e. If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to CITY for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. The City shall also have the right to immediately terminate this Agreement for the refusal by the Contractor to comply with Chapter 119, Florida Statutes. f. The Contractor shall retain all records associated with this Agreement for a period of three (3) years from the date of Termination or as otherwise required by Chapter 119. ARTICLE 20 - SEVERABILITY 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 – INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and 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. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this ____ day of ________________, 20___, WITNESSES: CONTRACTOR: ________________________ Signature: ________________________ ________________________ Name: ________________________ Title: ________________________ AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI 27 January 15 Joseph Cerrone, III President Page 67 of 80 Thomas F. Pepe 12-5-14 Signature: _______________________ Signature: _____________________________ Maria Menendez Steven Alexander. City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney Page 68 of 80 Thomas F. Pepe 12-5-14 Supplementary Conditions A.Consultant: The CONSULTANT is defined as set forth in ARTICLE 1 of the General Conditions; however, if no consultant is listed below, all references in the General Conditions to the CONSULTANT shall mean the City’s designee. The name, address, telephone number and facsimile number of the Consultant, if any, and the City’s designee are as follows: Consultant N/A B.Supplemental Definition: Work that is unsatisfactory, faulty, or deficient shall mean work that does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by CITY). C.Termination or Substitution: Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from substituting another “person” as defined in Article 1. D.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, then the department with the advice of the City Attorney shall rule on the disputed issue and send a written copy of its decision to the CONTRACTOR, which shall be binding on both parties. E.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) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for non-conformance or failure to meet delivery schedules may result in the Contract being found in default F.Default Provision: In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby G.Secondary/Other Contractors: The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. H.Assignment: The CONTRACTOR shall not transfer or assign the performance required by the Contract without prior written consent of the City Manager. CONTRACTOR shall not assign or transfer its rights under this Agreement without the express written consent of the City. The CONTRACTOR shall not assign any of its duties, obligations and responsibilities. The City will not unreasonably withhold and/or delay its consent to the assignment of the CONTRACTOR’s rights. The City may, in its sole discretion, allow the CONTRACTOR to assign its duties, obligations and responsibilities provided the assignee meets all of the City’s requirements to the City’s sole satisfaction, executes all of the Contract Documents that were required to be executed by the CONTRACTOR and provided the CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee. Page 69 of 80 Thomas F. Pepe 12-5-14 I.Plans for Construction: The successful Bidder will be furnished four sets of Contract Documents without charge. Any additional copies required will be furnished to the Bidder at a cost to the Bidder equal to the reproduction cost. J.Warranty/Guarantee: CONTRACTOR shall act as agent, on a limited basis for the City, solely for the follow-up concerning warranty compliance for all items under manufacturer’s Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this ____ day of ________________, 20___, WITNESSES: CONTRACTOR: ______________________________ Signature: ________________________________ ______________________________ Name: ________________________________ Title: ________________________________ AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ________________________________ Maria Menendez Steven Alexander City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: ________________________ City Attorney END OF SECTION 27 January 15 Joseph Cerrone, III President