4THE CITY OF PLEASANT LIVING
To:
FROM:
Via:
DATE:
SUBJECT:
BACKGROUND:
VENDORS &
BID AMOUNT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
February 16, 2016 Agenda Item NO':~ Quentin Pough, Director of Parks & Recreation
A Resolution authorizing the City Manager to negotiate and to enter into a
contract with Fast-Dry Courts, Inc. for resurfacing tennis clay courts at Dante
Fascell Park.
The City's six (6) clay surfaced tennis courts, located at Dante Fascell Park, are in
dire need of maintenance. The courts have not been laser grade resurfaced in
the past eight (8) years. Presently, the playing surface is unlevel, the tape lines
continue to pop up and the top material has eroded away in spots.
Our goal in completing this project is to offer the public a safe place to play
tennis and "first class" tennis court conditions suitable for tournarnent and
league play. The contractor is responsible for laser-tapered resurfacing six (6)
Har-Tru tennis courts; clean surface, apply up to 10 tons of new surface material
per court using laser guided grading equipment to help reestablish the precise
court slope and optimal surface depth, install new line tape, repaint net posts,
furnish and install new tennis nets and custom windscreens with the city logo
printed.
The City submitted a Request for Proposal (RFP) #PR2015-29 on Tuesday,
December 15, 2015 for "Resurfacing Clay Tennis Courts". The City received one
(1) proposal; Fast-Dry Courts, Inc. was the lowest bidder and is in compliance
with the terms of the RFP. City staff consulted with the contractor's references
as to hands on experience and received positive feedback. Moreover, city staff
held a public meeting on Monday, January 25, 2016 with a representative of
Fast-Dry Courts to discuss the proposal and scope of work. Based on that
information, we recommend entering into an agreement with Fast-Dry Courts,
Inc. due to cost, qualification and experience.
please find below a breakdown of all submitted bids.
VENDORS I BID AMOUNT
Fast-Dry Courts, Inc. I $40,635
THE CITY OF PLEASANT LIVING
EXPENSE:
FUND &
ACCOUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER·OFFICE MEMORANDUM
Amount not to exceed $46,635. To account for any unknown factors that may
arise, a $6,000 contingency over the proposal of $40,635 is requested. The
contractor, however, will be issued a purchase order in the amount of $40,635.
The expenditure shall be charged to the Parks and Recre.ation Capital
Improvement account number 301-2000-572-6450, which ~as a balance of
$314,702 before this request was made. ;
Resolution
Non Mandatory Pre-Bid Conference Sign-In Sheet
Bid Opening Report
Bid Proposal Summary
Fast-Dry Courts, Inc. Proposal
Fast-Dry Courts, Inc. References
SunBiz -Fast-Dry Courts, Inc.
Demand Star Results
Miami Daily Business Review
1 RESOLUTION NO. _______ _
2
3 A Resolution authorizing the City Manager to negotiate and to enter into a contract
4 with Fast-Dry Courts, Inc. for resurfacing tennis clay courts at Dante Fascell Park.
5
6 WHEREAS, the city's six (6) clay surfaced tennis courts, located at Dante Fascell Park,
7 are in dire need of laser-tapered resurfacing; and
8
9 WHEREAS, the contractor is responsible for laser-tapered resurfacing six (6) Har-Tru
10 tennis courts; clean surface, apply up to 10 tons of new surface material per court using laser
11 guided· grading equipment to help reestablish the precise court slope and optimal surface
12 depth, install new line tape, repaint net posts, furnish and install new tennis nets and custom
13 windscreens with the city logo printed; and
14
15 WHEREAS, the city submitted a Request for Proposal (RFP) #PR2015-29 on Tuesday,
16 December 15, 2015 for "Resurfacing Clay Tennis Courts". The city received one (1) proposal;
17 Fast-Dry Courts, Inc. was the lowest bidder and is in compliance with the terms of the RFP; and
18
19 WHEREAS, city staff consulted with the contractor's references as to hands on
20 experience and received positive feedback; and
21
22 WHEREAS, furthermore, city staff held a public meeting on Monday, January 25, 2016
23 with a representative of Fast-Dry Courts to discuss the proposal and scope of work. Based on
24 that information, we recommend entering into an agreement with Fast-Dry Courts, Inc. due to
25 cost, qualification and experience.
26
27 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, FLORIDA THAT:
29
30 Section 1. The City Manager is authorized to expend an amount not to exceed $40,635
31 to Fast-Dry Courts, Inc. for resurfacing tennis clay courts at Dante Fascell Park. To account for
32 any unknown factors that may arise, a $6,000 contingency over the proposal of $40,635 is
33 requested. The total expenditure shall be charged to the Parks and Recreation Capital
34 Improvement account number 301-2000-572-6450, which has a balance of $314,702 before
35 this request was made. A copy of the proposed contract and copies of all backup
36 documentation are attached.
37
38 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is
39 for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
40 shall not affect the validity of the remaining portions of this resolution.
41 Section 3. Effective Date. This resolution shall become effective immediately upon
42 adoption by vote of the City Commission.
43
44
45 PASSED AND ENACTED this __ day of .2016.
46
47 ATTEST: APPROVED:
48
49
50 CITY CLERK MAYOR
51
52 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
53 LANGUAGE, LEGALITY AND Mayor Stoddard:
54 EXECUTION THEREOF Vice Mayor Harris:
55 Commissioner Edmond:
56 Commissioner Liebman:
57 Commissioner Welsh:
58 CITY ATTORNEY
Date:
RFP Title:
RFP No.:
9.
10
11
THE CITY Of PLEASANT LIVING
Pre-Bid Conference
Sign-In Sheet
January 6,2016
Resurfacing Clay Tennis Courts
PRl015-29
X:IPurchasinglTemplateslPre Bid MeetinglPre-Bid Meeting Sign-In Sheet.doc
BID OPENING REPORT
Bids were opened on: Thursday. January 14.2016 after: 10:OOam
For: RFP # PR 2015·29 Resurfaeing Clay Tennis Courts
COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT:
1. Tennis Supply/Fast-Dry Courts
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED.
RFP PR2015-29 Resurfacing Clay Tennis Courts I
NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
.
Bid
Package(l Public Entity ,ogned
Bid Bidder Ustof Non CoIl. Crimes and Drug free OSHA Fed. Stale Related Presentation (1) Proof (1) Perf. Contract Bidder Bid Price Org; 3 References Sun Biz
Form Quarrfiation Subs' Affidavit Conflicts of Workplace Stds Ustings Party Declaration of Ins Bond with
Copies; 1 Interest Original
Digital)
Fast Dry $40,635 X X X X X X X X X X X X X NfA X X
Courts
{1} Condition of Award
Proj)Q$;dSullmiJfa.1 q~",cldist Form
R,,~·(l"rte,",i.Courts
RF"#I!~OI 5.19
Thisd1ecldllt Indl~t\!Stfj. tpfinsand .c!o(\lmllnt$.~~1n!d to be su/lmlttedfprthls soliClt.a!hln and m be preented
byt/te deadline .. $tIt fpr Wltbfll the .sollcll;atlol), I'IilQllment Qf .al.Jsoll!i/l.ildon .. l'llqul_ts lilted Is mandatollY for
consldsratilln ofl'll$pOna to tit,! :Solicllllllpl1. Ai<ld~(jJ1al dc:>cl!mlIni:!l.""'· be I'llqull'!lll and. If SO~ they will be
ldenlilled In an addendum tothls SOlldtatli;>n, Th, retpi!nle s~.alllill:lU. thefpllowlilg ~s:
_x ... ·· _ BidForm EKH/8tr J
X $~ Co1ilfact Qj)cumentJ(AJ1 -IMludlng General.Condltion.
___ lIIId'$qpplll!j)~ Canditlc)I1slf attad'led)EKHI8IT4; $cll 6
X P!ft:f/;lrn:l@l!iami l'ilymentllol!ds(~ a ConditiOn of AWClI'II; Not
___ Req!llntdWlrIJ _Sllb/ll/~} EXHIBIT 1,.,.
_,,_ .. _~ Non..colluslonAffldavlt
_x_ ..... Publldnt!ty Climes andCQnfllcts of In~lt
_X_, __ Affldavlt.Cmcemfllg federaJ8tS\l!teVendor U$tlnl!"
x ___ Presentation Twn·Declal'ationfAffldavltof Representation
Submit thlsd!!!cldlSc al0ll8wltlt your proposallndlcadnfthecompletlonand wbmiulcm of eacl! r'equlredlQrms
ih.dlor dO(iUrnenli.
END OF SECTION
II
"'1I':r~ "jlESURFACIIIIQ T"EN1iI15,'CLAYCOURTS" __ 1110"$-29
COI\!ST",-,CTION
BIDFQRM
THIS PROPOSAL IS.S08MIrtED TO:
Steven AllIICander
CltyMAAapr
City ofS9uthMI~ml
613()Sul'ISl!l;Elillve
South MIami, FL 33143
I. 111 tills Ptoposal.ls accepted,t!he urtderslgnedRespo!ldentagreea to enteriotoa Contra!:twlthth. ~Ityof
South. Miami· In. the . form Includedln this Soildtlllliln I'llc. \lIId to j»rfOrm .and furnish aUWQrk as
speclftedor indreamd In tills Solidtllllon. Induding as setforth In Elcldliltl(Scope of.S~~) fo~the
PropQsed Price as sec forth IItlow, within the Co.ntract Time and In acllO~cewith t!he Gtherterms and
~nditlon$ o(;th!l Solicitation Pacf<a&e;
2; ~nd~ ac¢l!ptS alhWthe twms and.C(lntlitlonsofthe·ScIlidtatien and Instru~onstllRj!spondenu.
InCliJdingwltllo1lt liljllt:apon thp$j!deallngwlth flle disposl.t1Ql\ IIf PtoppsaV8ilt8l'md, if requited, This
Prpp<lSll/wlU re~)'l·~~ tp~taric:e for 18lIcal~dal'dI!~saffijtthe ~.Qfthe.Proposal Opellln,t
TheRII$pQ~denll by $!inlngand $Ilbnilltlllg dllJ P~OPO@i~ to alIGfdle~an"~nditlt.!\ltQfth'e
form Gf contracttllatJsapmoft!heSolidtal:ion pac. WltII aPl!rppt1ate d!anget;to,l:arifOr:m to th.
Informatlall canI!I,Iltedifn this Bid "arm. Ile$PQndent,agrevtoslgn.and ~~bmit thll8Q~d!l.if'1!CIIliredby
this SoIlc:IliatIon. requited insurance documenu. arrdather dllcumenl!S requlredb~'the Solicitation,
lncluding,tlte Contract if nat already submitmd. within tentlO} calendar days after the dam ohheCIty'.
Nodl:!lcdAwarct a. I;' sIlbnilltl~gthi~ PropoSal, Respondllrit represents tit""
.L RespP6dent haJ. exlll\'lined copies oflllllf!eS9ll~n OQ!lumeotsand of t!he foRowlngAddenda, hny
(r:«eIpt<>faIlWhi~hcJs~bY .oWledgedc)
Addendum No. NIA
b. Respondentha$ ~QIIiri%edhl.tIl$elf wi~tlte .~I':e~d~n~ oftll\l ContraCt;' Po.CUm8ots, tII~ proP<i$ed
WClr1!. sl1:e. locality. a6d aIlloeal CGnditlons and laws. andrllJ,UlatIOlIf tltat in any manner may affi!ct dm"
.lIrogres!l. perlormanoeorl'urnlmlng,of the Work.
c:. $ubsurfacecGndldons,lf lljlPIicabieto this Solicitadon,tlte RespGndent represents that:
I;, ResPllndont~stJ!dl" carefillly allreporu and. <hwlnp. Ihpplicalile. of subsurface condit/GO, and
dt;1,Wlnp' oftillYsleal ~ondltloils.
II; R~!leI1~ bas obl'alned.lIrid ~Uy .s~~dled (ora$Surnes.l'I!Sl!OI(Slblllty'(orcll11dnlng and carefully
1i.tU!ly11llll all ,$ud\ ~fnatiQIII, 1~lIations. ~oration.; ~ and ~dies, in addl!i!lI\ to 0.1' to
supplemtnt th()se~ to I.h dll$ ~h \'III)lcb ~@nto JIIe .u~ orllb,slcal QIInd.ltions
at th .. sh:,)or otherWIse iMya.ffe~tJ:ie~o~;ptoPss, perlonnante. orthetllmisbingoftlte\IVPrk~.
the Contract PrIce, WIthin tlteContriltt Timb and in ati:llrdance WIth the ether term~ and,condltloos'
of the Contract Cklwrnentsl The RespondentherebY'llcknDWI"'Iges that nO addltitmal examiHaticmll,
Investlptlol1$, explorations, tests. reports or similar Information IIrdata ar8i or will. be. reqUired by
Respqn!Ientfllt any reaSCIn In connectillnwith the;.i'!ttlposal. The; ~I~te ofth.RespPn~~req~est
a pr~d 1nari<l!lB of thl! conftrU~on site by \U'lYorall uli!lilYcompanles shllli ~ in itrefutMif!!
~~mptl.on that the !\espond~nt's ~Id.<ir prOf'~1 ('rice;, f\!IStaklln lroto ~$Ideratloltall posSible
undi!!:ground¢!iltl):jltlons and R"spGildel'lt, If awarded the ®nnl;t. sball not .lIte.ntitle~ to a dlange
order fllT lillY such®n9it1on "di~fJ!d thet:«Ifter.
Iii. !\espGndent hasllOrrelamd; the. ,results of aff such,observatlons.examlnatlons, Investljliltlons,
~oratlons. lesu. reports and studIes w.lthth.etel'l1l$ andconditlonSQfth,Co.ntrilctOoCOmeDts.
lV. ~n<ll!i\t h~ rmd~ an~ c.hetked .alllnfo~Qn and'd;ltas60'/lin or Indicated In theSo(l~lIn
li'iI~o~ in the tpntrat;li Oo.cumjinU with respect to \illi15tli'\g.Uttclergto\lt1d fadlltlesol' tonditlC!hs
Th .... as P. p~ ....
0:1-23-1'5
"I
at or CQntlguOU$ to the slte and iIU.u!'!l,I'$;~slblllty f<Ir dill ~ura!llIOlllltioll ofilll Und~nd
Facllir*andcondltibns that mar ~,Pi'l' Wo!"k.!I!oadl!lttcmal $C;IIIJii1a1loAA1~ns,
~oratlOJl$. ~ reportS or slmllar InI'OhilWonor dmlil rI!$lI!Ittto ~y UIIde~nd ~tIt!es or
cOIIditionurl!. <lr will bit. req!llrei'l by ~tjn or. to ~1'lI11!1l~ful'lii~thaW"ff!. attlle
Contract' 11tic:a. within me Contract Time md III ~rdJIl¢e with tile om., ~ andcond\l:lQnS of
tile (:QlItractD(lc:\Jments· unl. the Propollli i!I*lflcally staw dlat the\:l:lntract price is $Ib1e<:!; to
~ustmen~ (Or fl#!lre. disto\'eryQ/' undersrqund i'acllldesandior.condlllonsthat .attl!Ci:. tl)e cost of the
Work, mil' unless tI)e.respondent makes.a Wl'ltten .request (0 the City for additional Info!"lllaliion
prlorto s!lbllllttlnitlll\;bkl or proposal as requlrll;dln subse!:tlonWabove.
d. RllSp<>ndent .has'. giVIIl) dI. Cltywtijt;en noticlI. of all <;ilnfticQ. .errol'S or dlStrep;wies d1at It has
dlSto\'Bred In theCon~lI!I[)()C!II1l_n~ lWd. if ill)' conftlll!ls. error •. PI" discrepantles have heen found
and nodea ,gIVi!R,. tIla I\llSp<>ndent r'ePIi\\Sents, by lllbm1tdi'lil lUi pro'pofaI to tI)e City. tIlat the
RllSp<>ndent has rGiVlldsuflltient rlc/!lteof the I'IISOlIldc/litlletll!1f from the City •. tI)at sudl rescilutlon
Is RCe!?1U1e to hspondent.~nd tIIanlle Respondllilt WI!ii!!!<ariYefal!li regardin8 ~1)!"C!:inftk;t$. errot'll or
diS_~ncies. .
e. Thill Proposallsgenulne and not made In thelntllrest oforcin~ ofllny undlsClD$ed ~son,~tm or
corporation and. 1$ notsublnltted pursuant to any We&/iI(\li1!cir rIl.1es of al)t!lr~p. ~i\tiO".
C!l'lII!nitatlQl1\ c!, CQrporatkln; RespondenthasnM directly Or mdlrectly rndUQed or SQliclted any' otI),r
RllSp<>nllellt ti;I stibmlt ;\; false or sImn .PI'oposal: Respondent. hasllot SQIICIted or induced anyper!ibni
firm. or CQrporation . tQrefi';U1I f'rOmrespon"ln&: andR.e$pondent has no~ SQught by CQU\l$lcih or
~setQ.Qlmln for i~lfill)'a~ _ an:r<lther Respondent:or _the CIT'f.
4. R.e$PC!lid~~ u"~llI'stllnds and ~ tl)at the Contract Iliricelilthe amoullttl)atitneedstclllJrnlsha~
InstallalIof,t\1!I')lVorkCQlIlpletltand Ijl~lac:a. m.Sl:heduleGfValues.lfreq~lrII;d. is ~ded fOr the
p~~ ~Pi'I;Iposal£V;llu.!IC!n ~ wben itlf!llited by tI)e em; 1t~1)aI1 (Qrni the basisli:I, calculating the
(II'fdnIId /:IIiII)geQrd!lrs;. The CoJ\~ PIi!:uhall nQ~ beJlcft~fn ~y way so allto,resultlnJl
devlat/on frC!m,the Sc.Iled'u1e d Va/lIeS. except to the!lXtellt.'tI\3~tIle CITY ~Itanges,tlidC;Qpe oftl)e
WC!rkafter the Contraat Date. AI.. such •. the R.spt!ndene sh~ll ful'li.ish alliabor.@tel'i~~ "l\u1eil\llnli,
tools. .superintendenc<Jand servI(/\!sn~ to proMdea CQIIlJI",ln ~e, Projl!<;t f(Jr th,,1'Id!po~1
Price. IftbisSolltlliatiQnrequitesthe <!Ompl~C/n of a: Cost and.Tech~it(alPtOposal'aII; tllaY besetfoi1h III
In an I'Ilhlbitto d1is Sallcltatlcin, such'-'-" .... be attacbeifto tit .. JI/«IFOrm and WiJltJlke t_ eJaq. Md\e Lump Sum Price, o.d\erwlse.tbeCOIltratt Prlcefor~.comP!""rirlcls
.(011_:. 6Ee 1\(fTI\-C~O
LUMP SUM WEI1RICE; If ';'vllfPrI:. 11-..1, (,. .. dollars and ~
AI~a!llS: #1 Tf.-;.".Nfr)#~ 1'~"'Mk) WII',,()S<.A.If>!J'.!.j
A~ brealcd01iJ!1 for W!hlaSk lnduded illtl)elt.ll'llp sum COrtmlctprlce,.ifapplicable, must be provided.
failure. to pro1IIlIe tills Il1fcil'lllalilll(l shall. render me proposalitQll-responsive.
5. The ENTIRE WORK shall ~ c~ropleted. !!lfIll!, within 30 .J!!!OrrJd'" _liIcim the CQlIlI1!fIncM1ent date
set forth In die NOTiC:E TO PR~.l'allbre toCQmptntll the tntIreWQt~ dutlnll the~tiI!ed tillle
perlC!ashall result fnthi.assesslIlentof'UquldlIted".mages aIIrna,be setf<lrtllin theCQlltral/!I.
6. ;/llsetitdlefollowihllillforllladon forfututll c:olllmunlcltic!o with 1011 \:l:lI)cfir'nlrtg tillS I'r!>poIlll:
"""I'D""" FA&'[-t)~ ~ (<>VMS ~J~ " 5:_tii£? 3
m
: =:,iOC l.30b·q
7,> 1'l!<I: wrms used in th's Proposal which, _ dellrted' In tn. Contract shall have me '~m~ nl!lal)111' .. I .•
assjpedto thein In the CQntrallt tlOcumen~. unless speClff:cally defined fnmil S<IIlcitatlbnPackag ...
42
a lfa cos.t It technlat propOllllIS requlred b)< thaSoli(li~. g!l$(londJrt~ I!fjFaby (ertI~enh;jl: allohhe
(actS and responsasto the .<I(festions (>QSad 11'\ the. C!lStlo:tkhnit:lil ~ ifsu¢l! all $d1(6itjil:l'I1ade
1I part of the SlIlidmlon,ara tl!ue and carrea:alId ate: hel'ebnd/lplled lUI pm'of this Bid fol'lJ1, alId are
made _ parto( this proposal. byrefete:ooe.
9. By sulmlltt!ng !hIs proposal. I. on.benalf of the··buslness !hat I represant, hereb)< agree to the terms of the
form. oftontrac;t tomatn$! In the Solicitation package alId I agree to be bound by those terms. with lilly
appropriate blan~ boJw. jf al\)'. che~ lIIId any blank lines filled In wIth the appropriate Information
contained In the Solil:i!l!t!on Documents and this PtopoSSl. or sudlinformatllln !haune CI!;yand lhava
.agnIed upOi'\ in thll.cClQi'H of con~tt negotiations and whtcllhaye~ cClnfil'ined by the City IlIwrltlllf.
indudi",! lfmailQjnflnllilflon. If ally, I hereby cettlfy under)llillaltt of petjurylha~J am the lawfUl
rept'e$entatIve 0( the b\l$i"lIAA~ntlty i'ef!lirooced. i~ d:1is Bid I'ottn, that J hlve. autho!1tY '\d bid for ihat
entltyalld thaI all Of djtillfQ!'I!1ati<ln and repte:~tatlcmll con1:aln!id hetel. lite true arid tClI"l1'Ct to the
best.Clf my information and bl!llef.
SUBMITrEDTHIS 12 OAYOF 20~
I;Nj) OF SOC-TlON
43
JanIJlllY 12,2016
qUOTE
Fast-Dty QJUrts
1'100 N,W, 13th AVllmU!!
Pompano Beach, Fl33069
steven P. KulIck
CltyQfSoutll.Mlaml@Elan_Fc$:e1l park
5800 S. W.66lhStl1!et
Mlami,filoHda33143
Telephone: 305-663'-6346
E-l'IIIIiI: skuli~utt!lu!aml.ml!l
Re: RFP #AA2015-29
Fast-Dry Courts, Inc. oIfeIs the following prices to resurface the Parks 6 Qlay '»\111:$ II1I(I. provide court
~asfollows:
.... _ -lJIs!lrt.aper reslll'f<lc:e $Il(6) Hlir~Trutennlsc;QjJIjS.Cl!!iln$l1'fac!iil, t!!mowoll:lli!:JeS and nlllls,
applY 6 tons or new· !ll.Irfat:emlIterIlII {+/-10 tons per (Oult) USIng~ser guided gl'ildibl;ll!quipment te
help reestablish ormaintll!n ti\e··predsecour1;.slope. andojltimal~~ ~·Install b~gbo~!itYIe
line tapes!;!!Cu.r;ed wlttl M/2" al~lnum n~115 to UsrA 5Pel;lJ'lcaI;Ions;repafntllet pQ$t$. CourtswUI be
Ylilf;er@itnd ~ to lnl~iil firmness. .All Wll_ will be. left: at Owner's ~1l:Ied qllmp areEI near the
Qlurts,
$~_-Fum/shand install $(1$) SIx Star ntennis nets with center straps.
$4,-.5 -Fuml!!h llnet Instilll.4I!O Unear.feet. (<;enter InteJ10r fence, SQUthatl(l east sides only) pf $rTuffy
Ctt$fQmWin_!!eIi5,lncludlll!il one m City QfMlami Qne-tOlorlOge printed !;In one new WlIldscreen pIete.
QWnerto plWllfehlgh definllcln artwork for the logtl.
Why .ould VOl! .~ FIISt-PryCourts, lnt. .fQr this .Pl'lllect? We hiM! a 30 year tracIl.. ~ . of
~ CIAmer ex~FI5. w.survev eachcust!:llner .e.ve\Ypr!;ljedt and96~(jf our
QIStorners WQuld.recornrnend. J1asI;.DryCoUrts, Inc. to a trustedCOllellgue .or friend. over .oo%pf !;Iur
proj!!ds last.Vear were f'r.om$ll$tlll9 customers !;Ir referrals. All ofOlJr' Project Managers have at least 10
yean; of eJq)Ilrience. It 1$ QUF COQIIIIil:nl!lnt to ClII8I!W and prof'eS,slonallsmthat led the Ametlc;anSPQr1;s
Buik/ms ~ (.> to. ~n~ Fa$!:,Dry COutts, In¢. fQr exGellenq! In _nnl!i coUrlle:<mstrulrtk!n
for al\ unprecedented 18 co~ years. Webave.COIl\pleted 6,192+ projects wlUlQUta ,Ingle lawsuit
regarding qualityot performance. Furtltermare, asshoukl be expectedfwm a ti!onlS courllcontracwt,
we .ai:ea licellsed General COntrilcl.or, bondable and Insured upto$S,OOItpGO.llO. If yOu haVe anv
further g~l!Sor WQuld liktI~l:t I'oFl'llllI con~for the qootec:Jiwork,please contact.8(lC)-43N~94.
WWW.flllt.~.Cl):m ww",.lQ.-.. \:(~m
National: l~80(l431.-2994 • Lblla1:(954)~.j;JlJ!i;1· Fax: (954) 978·8479
Maiotel\;lrn;e
Supplll!~
EXHIBIT 4
CONSTRUCTlot\lCONTRACT
"RE$!J!U'AQNG TENNIS CLAY COURTS"
Rf'p #PRl015;29
, THIS C(lN was mad.a~d entered Into pn this 12 dayof 0~\JA1"ft1 ,2016. by
and Iletweert Sif" 0/1.., .'. <.14.: . . ,"11,. . (hereafter referred t a$
"ContraCtor",), and the 01.)' of South M .~I (hereafter ref$~ed t!>u "Owner", througldts Cil.)' Manll$"r (hereafter
re~ed to as "Ii:iI.)"'.
WITNESETH:
That, thi!Cc!~tram:Qr, fOtth!l(!>nsideration hereInafter fully set out. her!lbyagre!lS .,.,Ith the OWnlir ural/a_
t 1'h1l Contral:tor sh~llfumj$h all labor,materlals. equipment; madtlnery, toOl$. ~~tIIS. transpOrtation
and~other it!lms nec~.ary to perform all of the worllsItQwn.I1ln·. and descril!ed In the ContraCt
Documents. and shall do everything required l1y this Contract and the other Conlll'aS: Documents
Ilereinaft'er ref~rrtld to •• the. WOl'k,
1 The Contract Documi!nu ~I In<!udethilt COntral;tl General condit/onsto the Con~ If an". the
dNwlngs.plans, speciflcadons and project manual, if W'l!nY suppl~ Qr ,p.ecial .C!>rtdI;I>~.Qther
<!o.cuments referrln, to thluontractand "lOed by the ~.thi!sl!llcitatiQn dQcumentJ (''IIeT!!lI1l\hl!r
I'ijfeJrrtld to as "Bid Documents") and any documenu to.whlch 'th_ document!! 1'f!fet w~lC!l .re.·~~ed I1Y
\:Ile Qwneraswell as any attachmenu or .exhlblts thataremadeia. part!>f any ofth.<!oCU(neiits dllSci:lbed
bt!rl;\ill.
3. T~e Co~~.r ,hall commentil.th!! Work to lie performed under thlsColltraCt on a date to be specified
In aNotk:e to PrilC\llld and $~alI c!>mplete an Work hereunderwlthlrt theleng:th !>ftlme.set forth in the
ContraCt.DlllWments;
4. Tile Owner hMb}r asrellS topa), to the Contraptor for the faWlli)I perfo!'ltlanee;of this ContraCt, subject
to additIOnS' and deductions as provided In the Contract Documents anelao):' ptopertyapproved. mltSen
.~ange ordel'$. in lawful money of tile United' States. the. 1\II10unt of: '.~ ""'" ~Io .. )
THto'lC '''f. ru..;/L 1l1<I"'~i':'Q tW .. /1"'r!±~i) Dollars ($::24/1'00 .00--1,. Lump Slim ("contract
Prtil").
5; The .pen.sesQf performl!1g Work aflllr <eg:II~ worklnchou,... and on Sunday and I. holidilYS shall be
Inq~cled In the CQntnlct PrIce. The eil.)' may demand. u any point I"Ume, that anYpart,Qr all. of the
Work be perfol'n1ed a4er regular workln,lI.ours. III s!ll!h~ve!)t; ~e ~s~ndent shaliltave no right to
addltIQna[ (!>mpensat/on'for su~ worl<. HoWtwer. n",thl!1gcont!llned herei~shall auth)).l1zl!. work !>I\,days
and durlnghou,.. that areotherwhleptohlbl~~l1Yo""ll!a~ce u .•. lm speclll!:llilyauthoril:ed or Inscruj:tijd In
wl'itiO, I1Y the City.
6. IfthflWorkl •. 6Xj1ected torequlre more than one month. the.OwnercShall makemonthlypal'tW/?lIYI!lIlnts
tQ.\:Il!! Contral:toJ' on the basis ota duly certlftedand approved schedule ofvalllu.·fbr the Wotkpllrformed
during ea\!h !:3!en4arIllQJ\tI\ I1Y the Contractor. iesstl1.e retaiRage (all as provlde.Uor In the Contract
!ilOl:uments). wIll!:l!l$ (0 be withheld I1Ythe Own~r uO.!!1 completIQlland.acceptanceof the complete
prol~ In1lC;c:Ofda!)¢e\lllth this GOntraCt,l!nd the other Con\:l'aCtDo.:umeRts and: unlllsuchWork has
been acCfllited by die C;~.
7. Upon $ubmlSslonl1Ythe Contractor of eytde~;satl!i(;lctOr'Y to. the Owner. that aillabo~, nw;erIalj a~d
other cow Incurred I1YtheContral:tot In (i:mn~on with the COl!'stI'\K!lonofll1eWork fl. been paid In
ful~and alter camplla_wlth thEi terms ·for p~yment ~l'Ovid~d for in tire 1:I1lntral:t Document$. .final
payment OnaQ:puntofthls Contract shall be made within sixty (60) calendar d~$ after thecQmjlled~n by
the· Col)tractl1lr 0( all WQrk«MOrtId I1Y this Contra¢lInd the acceptance of such WOrk I1Y the, (!)wner.
8, 1be Work shaJl be completed I!f 3D wl!rIiitjl' ..... In \:Ill!! event that theCo"tractOr' shall fidl to.
comj1lete the J/l!O!:k wlti1I1l'\:Ile tll!ti! lImit stipulated ill the CqntraCt [)ocuwents. orthe.e1<tended time limit
agreed upon, inaccordanCl!W1th the procedure. as mare part!¢Ularly,$et fOrti) In the Con!nlct Documents.
liqUidated d~st/ldl bll' paid I1Y theContra\:tor at the rate of $1,.00 dofl;jrs per day, plus any mQriles
paid. I1Y theClwner to the Consultant,. If any, far additional englneering and Inspectld"serv1ce&, If any,
assQciated with .such delay.
i. ~lsfu""ermutilf,ll)<~eed between the parties here.to that: If a Payment andlor Perfbrmance IIC!nd
("Bolid',," Ailjllil'Odani:llf, at arty time ahl!r th~<lXeqrtjanQf'thls COlltract .and the Bond fOr its l\II!hful
Thom .. F.Pope
02,l).15
. .,..;orrnance and payment. d!e City .!\iI1 d~m d)e 5111'<Uy or Sureties upcm such bond(s) to be
~1lSIItl~ry. o~1f. for an1 reason ... sllch bond ~. to bI! adJqullte to (overth. periol'l!lanl:ll of the
Work or payment to sullcontra(tQrI andsuppJlerJi the Conmt(tQr '!\ill, at It.; ~'" wtthlnflYII (5)
bulll'll!SS day.aft:erthe receiptof.llptlt:e frol'l1the City $Qtjld?, mrnlman.addl(jOnal bond or bol)ds In
such form and amount and with such 511~ or $\Irell. ;1$ .hal/be ~ to the CIty. In such !!vent.
110 further payment to the QmtraCtor shall be d~ to bI! due under this Colttract until suth nliW Of
additional security for thll faithful performancEI of the Work Is I'IIrnishEld In the manner and In th. (arm
rulsfa<:tary to the.Oty.
10. No addldonal Work or extras slta11 be done. unless the same Is dUly authorized In Midns. and In adwnceof
the work. by aPPI'lIprlate acdonbytheClty and in accordance with the. ContraCt Oocuments.
II. TIle date tha(thls¢Qntrac:t was "~e and. "litered into" and Itse!!Qc:dve date Is the date that the contract Is
the sjpEld by the ot)' or. If the ton~.I' teqliitEld to be i1Jl1lrovedby I'!!sollnlon of th~ City CommisSion •. then
the ~ve Dateii' th" cfaw ofthefllsiill4l:ion aPJll'<l'WI", the Con~ whlch""er Is the later da~
IN Wi1NESS WHs"eOF. the pardesire~to haVeel9!Cute,dthis.C;ollli'aCtell the dayallddatesetfotth
n_ to thell" nallie belOWIIIId may bI! signed In one Or ml!~ count~rparts, each ofwhldl sh~. without proqf or
accounq for the other .llQunterpart, be deemEld anoriglnal.CGntract.
CONTRACTOR:
SlsPalll~:
Prillt Si&tll!tQljs Naltle: 1<1.{", !.If [:,1'ri
TItI!i ofSlgnat9rr. j!!(.ot,!!1 T"'1
Si&tlalllre' ___ -____ _
Maria M/IIIendllZe
CleyClerk
Read and }\pprtlved .llS to Form. Langil3#!.
L.eg,ality.and~u(jOn Thereof:
Siplllrel-::::--:-______ _
City AUOJ1Jley
",om~ F.Pepe
112-2",15
OWNER: QTY OF SOUTH MIAMI
Sllll'alII.:e::
smv~n Alel(;IfIder
CIty Manuer
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
"ResuRFACING TENNIS CLAY COURTS"
RFPtlPRlOIS·29
ARTICLE I -pEFINmONS
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 Artide for the purpose of interpreting a word or group 01 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 shail not apply uniess
the word or group of words, In the context of It or their use in the Contract Document in question. islare
ambiguous and open for interpretation. in addition, thes. definitions shall also not apply to interpret tenns 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, clarification. or correction.
AppHcaton for Payment· A form approved by the CONSULTANT. If any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments.
Bi!!; 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.
~ Any person, firm or corporation submitting a respons. to the Owner's so6cltation for proposals or bids
for Work.
Bid Documen,,: The solicitation for bids or proposals and all documents that make up d!e solicitation induding
the instructions, form of documents and affidavits.
B!m!l& Bid bond. performance and payment bonds and od!er Instruments of security. furnished by the
CONTRACTOR and Its surety In accordsnce WId! the Contract Documents and in accordance wid! the laws of
the State of Florida.
Chanp Order' A written order to the CONTRACTOR signed by the City Manager authorizing an addition,
deletion or revl.lon In the Work. or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract.
Work Order Prooosal .. Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work prOvided by the City to the CONTRACTOR. The proposal includes line item
pricing. where there .re mUltiple locations, and the timeframe for completing the work.
QIY; The CIty Manager for d!e City of Saud! Miami, 6130 Sunset Drive, South Miami, FL 33143. unless the
context wherein the word is used should more appropriately mean the City of South Miami.
Conmug!on Observer: An authorized representative of the CONSULTANT, if any, or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified In writing of the Identity of this representative.
Contract Dqcumenrs: 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 Documenu including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsemenu, Insurance Certificates and policies. the Notice of Award, the Notice to Proceed, the
General Conditions, Special Condidons, 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 modlftcatlons to any of the Contract Documenu,
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.
Contractinr OffIcer: The Individual who Is authorized to sign the contraCt documents on behalf of the OWNER.
CONTRACTOR: The person, flrm or corporation wid! whom the OWNER has executed the Contract.
CONSULTANT; The person Identified as the CONSULTANT in the Supplementary Conditions or. if none, then
CITY's designated representative as identified In the Supplementary Condition •.
T ......... f.P.pe
02-23-15
DilG A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and It shall be presumed
to be a calendar day unless specifically designated as a business day.
Qan: 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 eYent the period shall run until the end of the next business day that Is
not a Saturday. Sunday or legal holiday.
Defectiv!! 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, tes~ or approval
referred to in the Contract Documents. Or has been damaged prior to the CONSULTANT'S recommendation of
ftnal payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that
are not properly appro!l!!d 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.
Drawinp: The drawings which show the character and Scope of the Work to be performed and which have been
prepared ar approved by the CONSULTANT. or if none, then by an architect or engineer hired by the City and
are referred to in the Contract Documents.
Field ardor; A written order issued by the CON5ULTANTwhich clarifie. ar interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor change. in the Work in accardance 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, (cl a written clarification or interpretation if issued by the CONSULTANT in accordance
with paravaph 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 ofthe Contract, It
must be in writing and signed by the party against whom the modiflcation Is sought to be enforced.
NO!l;Confonning Work means work that does not conform to the Contratt Documents and includes work that is
unsatlsf.tccory, faulty, ar deficient or that does not meet the requirements of any applicable inspection, reference
standard. test. or that does not meet any approval required by. or referred to In, the Contract Documents, or
work that has been damaged prior to CONSULT ANT's recommendation of final payment (unless responsibility lor
the protection thereof has been assumed in writing by OTY).
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with
the condition. precedent to be fulfliled by it within the time specified. OTY 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 shali commence to run and on which CONTRACTOR shall start to perform Its
obligations under the Contract Documents. . .
&:!En: An indiYiduai or legal entity.
fi:lljm; The entire construction operation being performed as delineated in the Contract Documents.
~ The term "policy" as used in the Contract Documents shall mean the insurance binder. if it is issued. the
declaration page of the policy and the body of the polley, including all endorsements.
RFP: Request for Proposal.
Scope pf Serylces. This phrase refers to the scope of the sarvices or work to be performed and it has the same
meaning as Scope of the Work unless the context In which me phase is used dearly means omerwise.
Shpg Drawln,,; 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 equipmen~
material or some portion of the work and as required by the Contract Document ••
5aJm>!es; Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will beludge<l.
Specifications: Those pordons of me Contract Documents consisting of wrlcten technical descriptions of
materials, equlpmen~ conseruction systems. standards and workman,hip as applied to the Work.
Sybcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of • part of the Work at me construction site.
Substantial Completion; The date. as certified by the CONSULTANT. when me construction of the Project or a
certified part thereof Is sufficiendy completed, in accordance with the Contract Documents. so that the ProJec~ 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 li't" items; or if there be no such cerdficatlon. me date
when finai payment is due in accordance With paragraph 1-4.9. However. in no event shall the project or pordon
thereof. be deemed to be substondally completed untii a certificate of occupancy or certificate of use is lawfully
Thomas F. Pepe
12-23-15
47
Issued by the applicable governmental apncy. A certificate of Substantial Completion. Issued by the
CONSULTANT. shall be null and void if it is based on falle. 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 litt' work.
Suwlier; 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.
Sutm;y; 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. service. and materials used on the
project.
Worle Any and all obligations. duties and responsibilities necessary for the successful performance and completion
of the Contract.
~ The term "Notice" as used herein shall mean and indude all written notices, demands. instruction ••
claims, approval. 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. flrm. or
corporation, or If delivered at or sent by registered man to the last known business address. Unle5s otherwise
stated in writing, any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
ARTICLE 2-PRELIMINARY MAnERS
&m.d;
2.1 The CITY reserves the risht to reject any and all Bids, at its sale discretion. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be giVen until the
CITY has concluded its 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 i, not believed to be, in the sole discretion and satisfaction of the City. to be
sufficiently responsible, qualified and flnancial able to perform the work. In analyzing a Bid. the CITY may
also take into consideration altemate and unit prices. If reque5ted by the Bid forms. If the Contract Is
awarded. the CITY shallilSu. the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Exct;ytlon of Contra.tt;
2.2 At '-ast four counterparts of the Contract. the Performance and Payment Bond. the Certificates of
Insurance. the Binder of Insurance if issued, the Insurance Declaration Page If not Induded In the Policy of
Insurance. the Policy of Insurance required by the Contract Documents. the written notice of de5ignated
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 Ses;uritylPerfgrrmnr:e imd Payment Bond. If any are required by 'hI applicable REP·
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 amaunt of one hundred percent (100%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers. material man. laborers. or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4. 2.3.5. and 2.3.6.
2.3.2 Each Bond shall continue in effect for five yea .. after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum.
2.3.3 Pursuant to the requirements of Section 2S5.05( I ). Florida Statutes. CONTRACTOR shall en.ure
that the Bond(s) referenced above shall be recorded In the public records of Miami-Dade County
and provide CITY with evidence of such recording.
Thomas F. Pepe
02.23015
48
2.3." 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 Stare of Florida and h.ving been in business with. record
of successful continuous operation for a least five (5) years.
2.3.S The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570. current
revisions.
2.3.6 The CITY shall only be required to accept. surety bond from a company with a rating A. VII or
better.
2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
COnt!JlctOr's Pr .... Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with. and assumes full responsibility for having
familiarized itself with the nawre and extent of the Contract Documents, Work. locality. and wid1 all local
conditions and federal, state and locailaws. ordinance. rules and regulations that may in any manner affect
performance of the Work, and representS that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represent. that it has swdied all wrvey.
and investigations. reports of subsurface and latent physical conditions referred to in the speci/ication.
and made such addldonal .urveys and Investigation. as It deem. 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.
Starti", the PrQject:
2.6 CONTRACTOR shall start to perform Its obligation. under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article I). prior to
the date on which the Contr.lct Time commences to run. except with the written consent of the CITY.
Wore StartinC Construction;
2.7 Before undertaking each part of the Worle, 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 OWNER 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 Speci/icadons nor shall the CONTRACTOR be entI~ed 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 Cgmpletion; .
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 submission •. The CONSULTANT ,hall 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 ,II CONTRACTORS shall be
provided in the Special Conditions.
2.9 Within five (5) buslnl!$$ days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work at the site. a p .... constructlon 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
ProjeCL Present at the conference will be the orrs representative, CONSULTANT. Resident Project
Representatives, CONTRACTOR and its Superintendent.
QuftlffigtigD$ of Subcontractors. Material men and Suwljenr
Thomas F. Pepe
n-13-15
49
2.10 Within flve (5) business days after bid openi"80 the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of SubcontnlCtOrs
and such other persons and organizations (including those who are to furnish principal Items of materials
or equipment) proposed fur tllose portions of the Work as to which the Identity of SubcontracCOrs and
other persons and organizations must be submitted as specifted 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.
212 The apparent sUence of the Contract Documents as to any detail. or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished. shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
ARTICLE l-COBRELADON. INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It Is the intent of the Speclftcatlons and Drawings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in
ArtIcle I.
3.2 The Contract Documents are complementary; what is called fur 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 Wonk affected thereby, immediately call it to the CONSULTANrs
attention in writing. The various Contract Documents are complementary; in tase of conflict. error or
discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to
the Owner shall apply
3.3 The words "furnish" and ''fumish and install", "install", and "provide" or words with similar meaning shall
be Interpreted, unless otherwise specifically stated. to mean "furnlsll 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 fumislled and installed wltllout 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 shaU 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 trade. under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible fur the entire Project, and all components of the Work
shall be installed or erected in accordance witll the best practices of the pardcular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structure. under this
Contract rain proof, and for making equipment and utility instaUations properly perform the specified
function. If the CONTRACTOR I. prevented from complying with this provision due to the Drawings or
Specifications. tile CONTRACTOR ,hall Immediately notify the CONSULTANT in writing <>f such
limitations before proceeding with construction in the area where the problem exists.
3.7 Manufacturer', literature, when referenced, shall be dated and numbered and is intended to establish tile
minimum requirements acceptable. Whenever reference Is given to codes. or standard specification, or
other data published by regulating agencies or accepted organizations, including but not limited to
National Electrical Code, applicable State Building Code. Florid. Building Code. Federal Specif1cations.
ASTM Specifications, various Institute specifICations, and the like, it ,hall be understood that such
reference Is to the latest edition Including addenda in effect on the date of the BId.
Thomas F. Pl!!pa
02-23-15
50
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. 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 ver ••
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 .. set forth in Section 9.3 below.
3.11 The CONTRACTOR shall have advised the CONSULTANT. prior to performing any work involving a
conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of
the documents shall take precedence. In the event that there is a conflict between or among the
Contract Documents, oniy 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 thei~ precedence so that all the documents listed above a
given document should have precedence over all the documents listed below it.
(a) Change Orders
(b) Amendments/addenda to Contract
(c) Supplementary Conditions, if any
(d) Contract with all Exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
(g) Scaled dimensions
(h) Drawings of a larger scale
(I) Drawings of a smaller scale
0) Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
AyaUabilit;y of lands:
4.1 The OWNER shall furnish, a. indicated in the Contract Documents, the land. upon which the Work i. to
be done, rights-of-way for access thereto, and such other I.nds wnich are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes In existing facilities will be
cbmined and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other
access to sucn 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 Conditionsi
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfled 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 obstacle. to b.
encountered insofar as this information is renonably ascertainable from an inspection of the site,
induding all exploratory work done by the OWNERI CONSULTANT on the site or any contiguous site,
as well as from Information pre.ented by the Drawings and Specifications made part of this Contract, or
any other information made available to It prior to receipt of bids. Any failur. bY the CONTRACTOR to
acquaint itself with the available information shall not relieve It from responsibility for estimating properly
the difficulty or cost of succes$lully performing Work. The OWNER as.ume. no responsibility for any
Thomas F. Papa
Ol-23-15
51
condusions or interpretations made by the CONTRACTOR On the basis of the information made
available by the OWNER/ CONSULTANT.
Differing Site ConditlQnS!
4,4 The CONTRACTOR shall within forty-eight (48) hours of Its diSCOVery. and before such conditions are
disturbed. notify the CITY in wridng. 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 condition. at the site, of an unusual nature. differing materially from tho,e
ordinarily .ncountered and generally inherent In Work of the character provided for in this
Contract. The CITY shall prompdy Investigate the condldons, and K it finds that such canditio ••
do materially differ to the extent as to cause an increase or decrease In the CONTRACTOR'S cost
of. or the time required far. performance of any part of the Work under this Contract, an
equitable adjustment .hall be made and the Contract modiRed 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 b. extended by
the CITY. but only If done in writing signed by the City Manager or the CONSULTANT.
ARTICLE 5 -INSURANCE Contractor shall comply with the insurance requirements set forth In the
Supplementary Conditions to the Contract.
ARTICLE' -CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence;
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means.
medhods. techn""es. sequences and procedures of construction. The CONTRACTOR shall employ and
maintain. 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 behaW of the CONTRACTOR and
ali communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The
Supervlsor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination ofthe Work. (Caples 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 ofall Specifications. Drawings, Addend ..
Modifications and Shop Drawings at the site at·all time. and In good order and annotated to show
all changes made during the construction process. These ,hall 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, Addend .. ModiRcations and Shop Drawings with annotations.
shall be made available to the City at all times and it shall be delivered to the CITY upon
completion of the Project.
Labor Materials and Equipment:
6.2 The CONTRACTOR shall provide competent. suitably qualified personnel to layout the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR ,hall furnish all materials, equipment, labor. transportation. construction equipment
and machinery. tools. appliance •• fuel. power. light. heat local telephone. water and sanitary !acilldes and
all other !acihtles and Incidentals necessary for the execution. testing. inidal operation and compledon 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 mliterials shall be delivered to the site in their original
packages or containers with seals unbroken and labels intact.
6.5 All materials and equipment ,hall be applied. Installed. connected. erected. used. cleaned and conditioned
in accordance with the instructions of the applicable manufacturer, fabricatOr, or processors. except as
otherwise provided in the Contract Documents.
Work. Materials. Equipment. Products and Substitytlons:
Thomas F. Pepe
01-1l-15
52
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
detennine their acceptability and obtain their approval. within ninety (90) calendar days after award of
Contract unless otherwise stipUlated in the Spedal Conditions. No request for payment for 'or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6, I Whenever a material, article or piece of equipment Is Identified on the Drawings or Specifications
by reference to brand name or catalog number, It shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, In the opinion of the CONSULTANT, such material. article. or piece of equipment Is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or In,talled without the written approval of the CONSULTANT
who ,hall 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 material., equipment or produOts 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 repl.ced, together with any Work disarranged by such alterations.
at any time before completion and acceplllnCe 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 s.le or other agreement by
which an interest I. retained by the Seller. The CONTRACTOII. warrants that they h.ve good
title to all material. and supplies used by them In the Work.
6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examlnation , not to meet the specification requirements or conform to the
plans and drawings. Upon written notiflcation of rejection, Item. shall be removed or unlnscalled
within five (5) .usiness days by the CONTRACTOR at hi. own expense and redellvered andlor
reinstalled at hi. expense. Rejected goods left longer than thirty (30) calendar days shall be
reg.orded as albandoned and the CITY shall have the right to dispose of them as its own property
and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind
for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in
the CONTRACTOII. being found In default.
6.6.7 In case of default by the CONTRACTOR. the Oty of South Miami may procure the articles or
services from other sources and hold the CONTRACTOR responsible for any excess cost.
occasioned or Incurred thereby.
6.6.8 The CITY reserves the right. in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract.
Concernjnr 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 ""peed by the CITY and the CONSULTANT. unless the CONSULTANT
decennln •• that there Is good cause for doing so,
6.8 The CONTRACTOR shall be fully responSible for .11 acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed bY'them. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nar shall it create any obligation on the part
of OWNER or CONSULTANT to payor to .eo to payment of any subcontractor or other person or
Thomas F. Pepe
02-23·15
S3
organization. except .. may otherwise be required by law. CITY or CONSULTANT may furnish to any
Subcontractor or otner 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 snail not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the OWNER.
6.11 Ali Work performed for tn. CONTRACTOR by a Subcontractor snall 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 tnat the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differenoes 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 directl!d by the CONSULTANT In writing.
6.llA Discrimination: No action shalf be taken by the any subcontractor with regard to the fulfilment of the
terms of the subcontract, including the hiring and retention of employees for the performance of Work
that would discriminate against any person on the basis of race. color. creed. religion. national origin. sex.
age. sexual orientation. familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
Patent Fees and Rqyalties:
6.13 The CONTRACTOR shall pay alilicen .. fee. and royalties and assume .11 costs incident to the use of any
invention. de.lgn. process or device which Is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless the OWNER and the CONSULTANT and .nyone directly or indirectly
employed by either of them from against all claim •• damages. loss .. and expenses (including attorney's
fees) arlsln, out of any infringement 01 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 andlor royalty rights
as to any materials. appliances. articles or systems prior to bidding. However. he shall not be responsible
for such determination on systems which do not involve purchase by them of materials •• ppliances and
articles.
Permits;
6.15 The CONTRACTOR shall secure and pay for all construction permit. and licenses and .hall pay for all
governmental charges and Inspecdon fees necessary for the pro.ecution of the Work. wnich are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Condition,. 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.
ElectdgJ Power and U&f!tinli
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 quallfled electrical ContractOr approved by the
CONSULTANT. Ughting shan 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 speclflc approval of the CONTRACTOR.
Laws and Relu'atiQos;
Thomas F. Pepe
02·23-15
S1
6.17 The CONTRACTOR shall comply with all notices. laws. ordinances. rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Speciflcations or Drawings are at variance therewith.
it ,hall 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 b.
contrary to such laws. ordinances. rules and regulations. and without such notice to the CONSULTANT.
it shall bear all COSI$ arising there from; however. it shall not be its primary responslblDty to make certain
that the Drawings and Specifications are In accordance with such laws. ordinance •• rules and regulation ••
Discrimination;
6.17A No action .hall b. laken by the ContractOr with regard to the fulfilment of the terms of the Contract.
indudlng the hiring and retention of employees for the performance of Work that would discriminate
again$!; any person on the basis of race, color. creed. religion. national origin. sex, age. sexual orienlation.
familial status or disability.
hl=
6.18 Cost of all appllcabla sales. consumer use. and other taXes for which the CONTRACTOR is nable under
the Contract .hall be included in the Contract Price stated by the CONTRACTOR.
SafeI;)' and Protection;
6.19 The CONTRACTOR shall be responsible for initiating. malntalning and supervising all, safety precautions
and programs In connection with the Work. They shall take all necessary precautions for the .afety of.
and shall provide the necessary protection to prevent damage. injury or lo.s to:
6.19.1 All employees and other person •• 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. induding trees. shrubs. lawns. walks. pavements,
roadway •• structures and udlides not designated for removal. relocation or replacement in the
course of ('onstrucdon.
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 unles.
otherwise designated in writing by the CONTRACTOR to the CITY.
Emerpndes;
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 shali give the
CONSULTANT prompt written notice of any .ignifleant changes in the Work or deviations from the
Contract Documents caused tn.reby. If the CONTRACTOR believes that additional Work done by him
In an emergency which arose from causes beyond hi' 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 Artides II and
12.
Shgp Drawing§ and Samples:
6.22 After checking and verifying all fteld measurements. the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six
(6) caples (or at the CONSULTANT option. one reproducible copy) of ail Snop Drawings. which shaU
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shail
be numbered and Identified as the CONSULTANT may require. The data shown on the Shop Drawings
shail be complete with respect to dimensions. design criteria. miterlals of construction and the like to
enable the CONSULTANT to review the informadon 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 sample, shall have been checked by and slamped with the approval of the CONTRACTOR, identified
clearly as to materla~ 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
Thomas ~. Pepe
02.13·15
5S
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 reStlbmlt new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, In wrldng, 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 sh.1I constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined andlor verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume fuli responsibility
for doing so. and that they have reviewed or coordinated each Shop Drawing or sample with the
requiremenl$ 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 wr~ing by the CONSULT ANT. 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.
6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that Is caused by Its
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors In the Shop Drawings Dr samples.
O .. ninKU~;
6.29 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work. and before acceptance of final payment for the Project by the
OWNER, the CONTRACTOR shall remove all his surplus an<J discarded materials. excavated matenal
and rubbish as well as all other material and equipment that doe. 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 deanlng by the OWNER Is necessary prior to Its occupancy and he shall restore all property, both
public and private. which has be.n disturbed or damaged during the pro5<!cu~on of the Work so as to
leaye the whole Work and Work Site in a neat and presentable condition.
6.29 If the CONTRACTOR does not dean the Work site, the CITY may clean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Publjc Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such. 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 .hall 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 traffle 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
Miami Police Department, before the Street is dosed and again as soon as It Is opened. Acce .. to fire
hydrants and other fi,.., extinguishing equipment shall be provided and maintained at all times.
Sanitary Proyisions;
6.31 The CONTRACTOR shall provide on-site office. and necessary toilet facilities. 5<!cluded from public
observa~on. 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 iunsdiction. They shall commit no public nuisance. Temporary field office and sanitary
fadhtie. shall be removed upon completion of the Work and the praml5<!s shall be left clean.
Indemnificatign:
632 Contractor shall comply with the Indemnification reqUirements set forth In the RFP and In EXHIBIT 2 of
the Supplementary Condition. (Insurance and indemnifi<:ation requirement.).
Thomas F. Pepe
01-23.15
S6
6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of
any such claim or demand, CONTRACTOR, upon written notice from orr shall defend such action or
proceeding by counsel $3tlsfactory to CITY. The indemnification provided ~ shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense. at CITY'S option. any and
all claims of liability and all suiU and actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the
sole negligence of OWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT. its agents or employee. arising out of (al the preparation or approval of maps. draWIngs,
opinions. reportS, .urvey~ Change Orders, designs or specfficatlons or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT. its agents or employees provided such act or
omission is the primary cause of injury or damage.
6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exce.ed an amount equal to the total value of all
Insurance coverage required by SectIon 5.1 of this document. Indemnification Is limited to damages caused
In whole or in part by any act, omission, or default of the Contractor. the Contractor's subcontraCtors,
sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused
by the negligence, recklessness, or intentional wrongful misconduct of the indemnKying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
ReIDgnsibility for Connection tp ExistinC Wgrk'
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
Specffications 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., shan be
done in accordance with requirements of the special conditions. The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work. CONTRACTOR shall present to CONSULTANT eertfficates. 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 tne CONTRACTOR in oblllining 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.
Cgoperation with Governmental Departments, PubliC Utlbtles, Etc,;
6.37 The CONTRACTOR shall be responsible for making all necessary arrangemenes with governmental
departments, public utilities, public carriers, ,ervice companies and corporations (hereinafter referred to
as "third parties'') owning or controlling roadways, railways, water. sewer. gas, electrical conduits.
telephone. and telegraph facilities such as pavements. tracks, piping. wires, cables, conduits, poles, guys,
etc. including incidental structures connected therewith. that are encountered In the Work in order that
such itemS are properly shored. supported and protected, that their location is identified and to obtain
authority from thes. third parties for relocation W 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 charge. 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 nave made itself familiar with all codes, laws. ordinances, and
regulations which in arty manner affect those engaged or employed in me Warkt 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 aCCotlnt of damage or delay caused by his ignorance
tnereof.
Thomas F. Pepe
Ol-2l-IS
57
Use Premiwl'
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 .hall 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
weigbt as will endanger its safety. nor shall It subject any work to .tresse. or pre.sures that will
endanger it.
6.38.2 CONTRACTOR shall enforte the rules and regulation promUlgated by the CONSULTANT and
OWNER as well as their instructions with regand to signs. advertisements. fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY In routing and parking of automobdes of
Its employees. subconU'actors 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. p.rklng. etc. and the lob site shall be
fenced to protect the lob site and the general public.
6.385 The CONTRACTOR shall furnish. Install and maintain adequate constrUction office facilities for all
workers employed by it or by its Sub<:ontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities sh.1I be furnished
In strict accordance with existing governing regulations. Field offices shall include telephone
facilities.
Protection of &isdn, ProfJerty Iml2royements:
6.38 Any existing surface or subsurface improvements, such as pavements. curbs. sidewalks. pipes or utilities.
footings. or structUres (Including portions thereof). trees and shrubbery. not indicated on the Drawings
Dr 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 e"ls~ng at the time of
award of Contract.
ARTICLE 7 • WORK BY OTHERS.
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractOrs who are parties to such direct contracts (or the OWNER, If It Is performing the additional
Work Itself). reasonable opportunity for the introduction and storage of material. and equipment and the
execution of Work. and shall properly connect and coondinate its Work with theirs.
7.2 If any part of tihe CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the OWNER. the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or defiCiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of tihe Work that may be retuired to make
its several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR sh.1I not endanger any Work of others by cutting, excavating or otherwise altering their
Work and shaH 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 OWNER Is not noted in the Contract
Documents prior to the execution of the Contract. written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the OWNER or others will cause the CONTRACTOR
additional expense or endtles him to an extension of the Contract Time. he may make a claim therefore
a. provided in Articles I I and 12. .
7.5 Where practicable. the CONTRACTOR shall build around the work of otihsr separate contractors or
shailleav. 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
Thomas F. Pepe
01.2]·15
58
7.7 Cooperation i. 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 Contractor. for the best Interest of
the Work in order to prevent delay In the execution thereof.
7.8 Each of several contractors workill!! on the Project Site shall keep themselves Infonned of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of otl>er
contractors Interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT Immediately and In writing. Lack of such notice to the CONSULTANT ,hall be
construed as acceptance by the CONTRACTOR of the status of the work of other COntractors as belll!!
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 shail be the CONTRACTOR's cost.
7.10 The CITY reserves the right In the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as requested, to obtain the good andlor services from other sources and deducting the
cost from tile Contract Price without violating the intent of the Contract.
ARTICLE 8 -C!TY'S RESPONSIBIUTIES.
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 shaD be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of tIlem 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 Th. 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 havo 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.
Citt'$ ReRfesentative;
9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and tile limitations of authority of the CONSULTANT a. the CITY'S repr •• entatlve durlll!!
construction are set forth In Articles I through 16 of these General Conditions and .hall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANTs decision. in matters relating to aesthetics. shall b. flnal. If within the terms
of the Contract Documents.
9.1.2 . Except as may b. otherwise provided in this contract, all claims. counterclaims. disputes and other
matters In question between the CITY and the CONSULTANT ari.ing out of or relatlll!! 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 tile exec;uted Work and to determine If the Work is
proceeding in accordance with the Contract DocumentS. His efforts sh.n be directed toward providing
assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with
the Construction Documents and applicable laws, rules and reguladons. On the basis of til ••• on sl"",
observations as an experienced and qualified design professional. he shall keep the CITY infanned of the
progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarification, and InterpretatlQns-
9.3 The CONSULTANT shallissu •• with reasonable promptness •• uch written clarlflcatlons or Interpretations
of the Contract Documents (In the form of Drawings or otherwise) as It may cletermlne 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 .nd/or interpretation. it .hall be requirod to submit a timely claim as provided In
Articles I I and 12.
Measurement; of Quantiti§:
Thomas P. Pepe
02·21·15
9.4 All Work complQted undQr the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. All linear surface: measurements shall be made horlzontaRy or vertically
as required by the item me.sured.
Rej.ectlnr DefectlYfl Work'
9.5 The CONSULTANT shall have authority to disapprove or reject Work that Is "Defective Work" as
deflned in Article I. It shall also have .utnority to require special inspeclion or testing of the Work
Including Work fabricated on or 011 site, Installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such Inspections andlor testing shall be
approved In writing by the CITY. All consequential cost of such Inspections and testing, including but not
limited to the cost of testing and Inspection, the cost of repairing any of the Work, or the work of others,
the cost to moYfl furniture and equipment andlor the cost to provide alternative facilities until the repair
work can be completed, sh.1I paid by the CONTRACTOR if the Work Is found to be Defec:tive Work.
Shop Dr;winp. Cbange 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 CONSULTANrs responsibility for Change Or<lers see Articles 10. II. and 12.
9.8 In connection with the CONSULT ANT responsibilities with respect to the Application for Payment, etc .•
see Article 14.
ped$ipO$ on Dlnpements:
9.10 Tn. CONSULTANT shall be the Initial Interpreter of tne Construction Documents.
Limitations 00 Consultant's ResponSIbilities"
9.11 The CONSULTANT will not be responsible for the construction means. methods. techniques, sequences
or procedures. or the safety precaulions 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 re'lisions in or to the Work which ,hall only be authorized by • written Change
Or<lers. Upon receipt of a Change Order. the CONTRACTOR ,han proceed with the Work
involved. All such Work .haD be performed under the applicable conditions of the Contract
Documents. If any authorized written Change Or<ler cause. an increase or decrease in tne Contract
Price or an extension or shortening of the Contract TIme. an equitable adjustment will be made a.
provided in Article II or Article 12. A written Change Order signed by the CITY and the
CONTRACTOR Indicates their agreement to the terms of the Change Order. All Change Orders shall
be certified by the CONSULTANT as '" 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 shan result In a waiver of any
extension ohime due to the change in the work as reflected In the Change Or<IQr.
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 Or<ler provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
tihat any change or alteration authorized by the CONSULTANT's field Order would entitles the
CONTRACTOR to an Increa .. in the Contract PrIce or extension 01 Contract Time. it must submit a
written notice of Intent", demand a Change Or<lQr 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
tihe 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 exten~ion of the Contract Time, except in
the case of an emergency as provided in paragraph 6.22 and except 0$ provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Ord= prepared by the CONSULTANT covering changes in
tho Work, '" be pQr(ormed as provided in paragraph 4.4. and Work performed in an emergency as
Thomas F. Pepe
01-23·15
60
provided In paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Plice which is approved by the CONSULTANT.
10.S It i. the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Plice 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 shaD be
charged to the CONTRACTOR.
ARTICLE II _ CHANGE OF CONTRACT PRICE.
I 1.1 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 1$ specifically and .xpressly 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 snail perform the Work even if the CONTRACTOR does not agree witn
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 II ,a,
11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this seedon or If asserted after final payment under this Contract.
I 1.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shaU 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 dlat 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 6.t 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 wrlling by OTY, ,uch co,ts 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 sodal security
contributions. unemployment. excise and payroll taxes. workens' 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 ,hall be included In the above only If authorized by
Thomas F. Pepe
01-23-15
61
CITY an<! provided it was not in any way, whether in whole or in part the re.ult 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 offer a discount. Cash discounts shall accrue to CONTRACTOR unless the
CONTRACTOR fails to timely notify the CITY of the discounts or if the OWNER deposits funds
with CONTRACTOR with which to make payments In which cases the cash discounts shall
accrue to the OWNER. All trade discounts, rebates and refunds. and all return. from sale of
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make
provisions so that they may be obtained.
II.S.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 denver such bids to CITY who will then determine.
with the advice of the CONSULTANT. which Bids will be accepted. No subcontract shall b. 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 Rental. of all construction equipment and machinery. except hand tool •• 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 .hall ce ••• when the
use thereof i. 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 govemmentalauthority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate Item.
II.B.7 The cost of utlUties, fuel and sanitary facilities at the site.
II.S.8 Minor expenses such as telegnms. long distance telephone calls. telephone service at the site.
expressage and similar petty cash Items in connection with the Work.
II.S.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 increa.e in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the following:
I 1.9.1 Payroll COSts and other compensation of CONTRACTOR'S officers, executives. principal. (of
partnership and sole proprietorships). general managers. engineers. architects. estimator., 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 bond. and for aii 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 CONTIl.ACTOR, 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 "'pplied
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 .hall be
determined as follows:
11.10.1 A mutually acceptable Arm Axed price; or if none can be agreed upon.
11.10.2 A mutually acoeptable fixed percentage (notto exceed 15%).
Thoml5 F. Pllpe
02-2]·15
62
11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated In the same
manner as provided in 11.8. When both additions and credits are Involved in anyone thange. the net
shail be computed to include overhead and profit, identilied separately. for both additions and credit,
provided however. the CONTRACTOR shall not be endded to daim lost profits for any Work not
performed.
ARTICLE 12 -TIME FOR COMPI ETION. L10UIDATED DAMAGES AND CHANGE OF THE
CONTRACT TIME.
12.1 Time Is of the essence to mis contract and the date of beginning and me time for compietion of the Work
are essential conditions of the Contract. Therelore, the Work shan b. commenced on the date specified
in the Notice to Proceed and completed within the time speclfled 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 aueed. by and between the CONTRACTOR
and the OWNER. that the Contract Time for the COmPletion of the Work described herein is a
reasonable time. taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the Work. No extension of time shall be granted due conditions that the
Contractor knew of or should have known of before bidding on the project or due to inclement weather.
except as prO¥ided In section 12.7.
12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time. or ext.n.ion of time
granted by the CITY. then the CONTRACTOR shall pay to the OWNER the amount of liquidated
damages as specified in the Contract Documents for each calendar day after the scheduled date for
completion as adjusted by written Change Orders that extended the completion date.
12.3.1 These amounts are not penalties but are liquidated damages incurred by the OWNER for its
inability to obtain full use of the Project. Uquidated damages are hereby fixed and agreed upon
between the parties. recognizing the Impossibility of precisely ascertaining the amount of damages
that will be .ustained as a consequence of suth delay. and both parties desiring to obYiate any
question or dispute conceming 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 eKh phase of the Project for which a time for completion i. given.
12.3.2 CITY is authorized to deduct the liquidated damages n-om 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 daim 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 thange
in the Contract Time resuking from any such claim shall be Incorporated In a written Change Order.
12.5 All time limits stated in the Contra« Documents are of the essence of the Contract.
12.6 No claim for delay shaD 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 shail be no monetary compensation for such delay and the
CONTRACTOR's sole remedy shall be an extension of time for the period of delay.
12J extensions to the Contract Time for delays caused by the effects of inclement weather .hail not be
granted unless the weather was unusuai for South Florida and could I1<>t 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 substantiai afleeted 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 Indlviduaily or cumulatively. and then the damages shall
be limited to increased coot of materials that were unanticipated and that would not have been incurred
but for me 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 shail be the sole and exclusjye remedy for such
resulting delay. Other than as set forth above. CONTRACTOR shail not be endtled to an increase in the
Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential.
impact or other costs. expens.es or ~ 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 suth delay. disruption, Interference or hindrance be reasonable or
unreasonable. foneseeable or unforeseeable. or avoidable or un.yoldable.
Th~iIS F. Pepe
02-23·15
63
12.9 The CONTRACTOR waives all daims that are not presented to the City in writing on or before the 21.t
day following the date of the event upon whid! the claim is based.
12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than
termination for default or convenience. the CONTRACTOR and the city department responsible for the
administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department with the advice of the City Anomey and the
. CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project.
ARTICLE I] -GUARANTEE.
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly. all materials and equipment furnished and Work performed for patent
Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in the
CONSULTANT Letter of Recommendation of Acceptance. if I"ued, the Certiflcate of Occupancy, if
I.sued, or the Certificate of Completion, if issued by the City, whichever I. applicable and if more than
one Is applicable, the one that I, issued last, for patent Defective Work,. The same guarantee and
unconditional warranty shall be extended for three (3) years from the date of Final Acceptance ••
Indicated In the CONSULTANT LeUer of Recommendation of Acceptance, if issued. the Certificate of
Occupancy, if Issued, or the Certificate of Completion, if issued by the City, whid!ever is applicable and if
more than one Is applicable, the one that I. issued last. for latent Defective Work. The CITY will give
notice of observed defects with reasana~e promptness. In theovent that the CONTRACTOR should fail
to commence to correct sud! Defective Work within ten (10) calendar days after having received written
notice of the defect. or should the CONTRACTOR commence the corrective work. but fali to prosecute
the correctlve work continuously and diligently and In accordance with the Contract Documents,
applicable law, rules and regulations, the CITY may declare an event of default. terminate the Contract in
whole or in part and cause the Defective Work to be removed or corrected and to complete the Work
at the CONTRACTOR's expense. and the CITY shall charge the CONTRACTOR the cost thereby
incurred. The Performance Bond shall remain in full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Document .. if different from the period of time listed
in Secaon 13.1. shall take precedence over Section 13.1.
13.3 CONTRACTOR shall act as agent, on a limited basis for the OWNER, at the CITY', option, 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.
13.4 In case of default ·by the CONTRACTOR, the City of South Miami may procure the articles or services
from otho'r sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The CITY may withhold acceptance 0(, or reject items which are found upon examination, not to meet
the specification requirements. Upon written notification of rejeetlon, 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 regardetl as abandoned and the City shall have the
right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the
good or to compensation of any kind. Rejection for Non·Conforming Work or failure to meet delivery
schedules may result in the Contract being found In defaule.
ARTICLE 14 • PAYMENTS AND COMPLETION.
Payments to Contractor
14.1 The Contractor shall not be entided 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 ead1 progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT. 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 prevlou. progress payment was made,
releasing such claims and lien rights. if any, of those person.. If payment is requested on the basis of
Thomas F. Pepo
02·23·15
materials and equipment not Incorporated in the Work but delivered and suitably stored at or near $ite.
the partial payment I!$timate shall also be accompanied by such supporting data. sad.factory to the CITY.
which eotabli.hes the OWNER'S title to the material and equipment as well as certiflcates of Insurance
providing coverage for 100% of the value of said material and equipment covering the material and
equipment from all casualties a. well as theft, vandalism. flr. and flood. The CONTRACTOR shall replace
at its expense any Stored material, 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 partiai payment estimate to the OWNER, or
return the partial payment estimate to the CONTRACTOR. indicating in wrltin! his reasons for refusing
to approve payment. In the latter case. the CONTRACTOR may make the necessary corrections and
resubmit the partial payment estimate. The OWNER, will within thirty (30) calendar days of presentation
to it of any approved partial payment estimate. pay the CONTRACTOR a progress payment on the basis
of the approved partial payment estimate. The OWNER shall retain ten (10%) percent of the amount of
each payment until Final Completion and Acceptance of all Work covered by the Contract bocuments.
Any interest earned on the retainage shall accrue to the benetlt of the OWNER.
14.2 The CONTRACTOR. before it .hall receive final payment. .hall deliver to the CITY a Contractor's Final
Payment Affidavit a. set forth in the Florida Construction lien Statute as well as final releas.s of lien
executed by ali 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
pro'lides a conditional release. the CITY .ha" have the right to issue a joint check made payable to the
CONTRACTOR and such peroon.
Contractor's W!1mnty of Title
14.3 The CONTRACTOR warranu and guarantees that title to all Work. materials and equipment covered by
an Application for Payment whether the Work. material or equipment is incorporated in the Project or
not, shall have passed to the OWNER prior to the making of the Application for Payment. free and clear
of all liens. claims, security Interest and encumbrances (hereafter in these General Conditions referred to
as ·Uen."); and that no Work, materials or equipment, covered by an Apphcation for Payment. will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing material. and eqUipment for the Project. under or pursuant to an agreement under which an
interest therein or encumbrance tnereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY. based on the CONSULTANT's on site observation. of the Work in
progress as an experienced professional and on his review of me 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 a. a functioning Project upon substantial completion as
deOned in Mde I. to the results of any subs.quent tests called for in the Contract Documents and any
qualifications stated In his approVllI); 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, melftods, 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 me Conenct Price. or
that title to any Work, materials, or equipment has passed to the OWNER tree and clear of any nens.
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materiar, listed on mi. request for payment have been used in the
construction of this Work and that aU materials included in this request for payment and not yet
in(orporated into the construction are now on Ifte site or stored at an approved location. and payment
received .. om the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for me amounts listed below beside the names of the persons who performed work
0,. supplied materialsll•
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 umil the Issue is resolved by
Thomu F. Pepe
02·23-15
65
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 .eWement agreemen~ otherwise the money shall be
held by the OWNER until a Judgment is entered In favor of the CONTRACTOR or the person. in which
caoe the money shall be pBid according with sBid Judgment. Nothing contained herein shall indicate an
Intent to benefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT "",y refuse to approve the whole or any part of any payment if, In its opinion, It is
unable to make such representations to the OWNER as required this Section 14. It may also refu •• to
approve any payment, or it may void any prior payment application certification because of subsequently
discovered evidence or the resuits of subsequent Inspection or testS to such extent as may be necessary
In its opinion to protect the OWNER from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement,
14.6.2 the Work for which payment Is requested cannot be verified,
14.6.3 claims of liens have been filed or received. or there i. reasonable evidence indicating the probable
flling or receipt thereof,
14.6.4 the Contract Price has been reduced because of modi/lcallons,
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, orfailure to comply with prOvisions of the Contract Documents.
14.7 Prior to Final Acceptance the OWNER, with the approval of the CONSULTANT, may use any completed
Or substantially completed portions of the Work provided such use does not interfere with the
CONTRACTOR', completion of the Work. Such use shall not constitute an acceptance of such portions
ofth. Work.
14.8 The CITY snail have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the Work. or the restOration of any damaged Work except
such as may be caused by agents or employees of the OWNER.
14.9 Upon completion and acceptance ofthe Work the CONSULTANT shall issue a Certificate attached to
the Final Application fur Payment that the Work has been accepted by It under the condldons of the
Contract Document •• The entire balance found to be due the CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by the OWNER, shall 00 paid to the
CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with
the Owner. The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards. .Payables, streamline the process of
maldng payments to your organization going forward, the City w~1 prO'J1de the CONTRACTOR w·,th a
credit card account number to keep on flle. This card has unique security features, with $0 of available
fund. until an Invoice is approved (or payment. After an InVOice has received proper and complete
approval, an electronic remittance advice will 00 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 andlor remittance email. Please refer to the ePayables Questions & Answers Form
contained in this RFP or contact the OWNER's Finance department at (305) 663-6343 with any questions.
Acceptance of FInal Payment as Release
14.1 I The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the
OWNER and a waiver of all claims and all liability to the CONTRACTOR other than daims previously
med and unresolved. The waiver shall include an things done or furnished in connection with the Work
and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any
payment. however. flnal or otherwise, shall not release the CONTRACTOR or its sureties from any
obligations under the Contract Documents Or the Performance Bond and Payment Bonds.
i4.12 The CONSULTANT ..... y "",id any certlflcatlon of Substantial Completion or Final Completion of the
Work a. may be necessary in his opinion to protect the OWNER from loss if he d_rmines, bec:au.e of
subsequently discovered evidence or the results of subsequent inspection or tests, that:
Thomas F. P'epe
02-2)·15
14.12.1 tne Work I. defective, or that the completed Work ha. 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 01 certifying tne work as being
Substantially Completed or Finally Completed cannot be verlfled,
14.12.3 claims or Uens have been flied or received, or there is reasonable evidence indicating the
probable flling or receipt thereof that, ifvalld and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% In the case of Final
Completion.
14.12.4 there is Defective Work the value of which, If deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% In the ca.e of Substantial Completion and 5%
in the ca.e of Final Completion.
14.13 If the CONSULTANT de·certifies any portion of the Work that was certlfled ("Initial Certification") by
the CONSULTANT, the CONTRACTOR shall repay to the City of South Miami any money paid as a
result of said Initial Certification being Issued which shall be paid only when the decertified work is reo
certifled.
ARTICLE IS -SUSPENSION OF WORK AND TERMINATION.
15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereoffor a period of
not more than ninety (90) calendar days by notice In writing to the CONTRACTOR and the
CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be
allowed an increase In the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension and if a claim is timely made and if Ie Is allowed under the terms of Articles
II or Article 12.
City May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or Insolvent. or if he makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointee 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 ne repeatedly fails to supply sufficient skilled workmen or suitable materials or
equlpmen~ or if he repeatedly falls 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 o£ the Contract Documents, then the CITY may. without prejudice to any oeher 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,
equlpmen~ tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient In .uch case the CONTRACTOR shall nat
be entlded 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 Proje<:t. including compensation
for additional professional services. such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to the OWNER. Such costs incurred by the OWNER shall be determined by the
CONSULTANT and Incorporated In a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations 01 the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section 15.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing or whith may thereafter
accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from liability.
ISA Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY
may, without cause and without prejudice to any other right or remedy. elect to terminate the Contract
for the convenience of the OWNER. In such case. the CONTRACTOR shall be paid for all Work
Thomas F. Pepe
02·23-15
67
executed and accepted by the CITY as of the date of the tennination, minus any deduction for damage or
Defectlve Work. No payment shall be made for prcfit fer Work which has not been performed.
15.4A The CITY reserves the right in the event the CONTRACTOR cannot provide an Item(s) or .ervlce(s) in a
timely manner as requested. to obtain the goed andlor services from other sources and deducting the
cost from the Contract Price without violating the Intent of the Contract.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever. the
CONTRACTOR. if notified to do so by the CITY, shall promptly remove any part or all of iu eqUipment
and supplies from the property of the OWNER. Should the CONTRACTOR not remove such
equipment and supplies, the CITY shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
to such equipment or supplies. Equipment and supplies shall not be construed to include such Items for
which the CONTRACTOR has been paid in whole or in part.
CQntrigpr May StoP Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority. or under an order of court
or the CONSULTANT fails to act on any Application for Payment within thirty (30) calend.r days after it
Is submitted, or the OWNER fails to pay \l1e CONTRACTOR any sum approved by the CONSULTANT,
within thirty (30) calendar days of iu approval, and presentation, tlten the CONTRACTOR may, upon
twenty (20) calendar days written notice to the CITY and tne CONSULTANT. terminate the
Contrsct. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If
timely remedied by the OTY. tlte Contract shall not be conSidered tennlnated. In lieu of terminating the
Contract:, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work untliit has been paid all amounts then due.
Indemnification of Independent Con$ultant
15.7 The CONTRACTOR and the CITY hereby acknowledges that If\l1e CONSULTANT Is an Independent
contractor of the OWNER. the CONSULTANT may be reluctant to rule on any disputes conterniog the
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER, at \l1e CONSULTANT's request. agrees to
provide the CONSULTANT with a written Indemnification and hold harmless agreement to indemnify
. and hold the CONSULTANT harmle .. as to anydeeislon in this regard before the CONSULTANT makes
an interpretation, de·certifies a payment application. decertifies Substantial Completion, decertifies Final
Completion. certifies an event of default, or approves any action which reqUires the approval of the
CONSULTANT.
ARTICLE 16 -MISCELLANEOUS.
16.1 Whenever any provision of the Contract Documenu 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 addres •.
16.2 The Contract Documents shall remain the property of the OWNER. The CONTRACTOR and the
CONSULT ANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16,3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions. If any. and the rights and remedies aYailable hereunder, and. 1n particular but without
limitation, the warranties, guarantees and obligations Imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder. shall
be In addition to, and shall not be construed in any way as a limitation of. any rights and remedies available
by law,by special guarantee or by other proviSions of the Contract Documents.
16.4 ShOUld the OWNER or the CONTRACTOR suffer Injury or damage to its person or property betause of
any error, omission, or act of the other or of any of their emproyees 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.
Thomas F. Pepe
02.l]·1S
68
ARTICLE 17 -WAIVER OF IURY TRIAL.
17.1 OWNER and CONTRACTOR knowingly. irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action. proceeding.
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE 18 -ATTORNEYS FEES IURISDICTION (VENUE I GOVERNING LAW.
18.1 The Contract shall be construed In accordance with and governed by the law of the State of Florida
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising out 01 or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami-Dade County, Florida.
18.3 Except as may be otherwise provided In the Contract Documents, .11 claims. counterclaims. disputes and
other matter. in quesdon between the OWNER. and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
ARTICLE 19 -PROIECT RECORDS.
19. I The CITY shall have right to Inspect and copy during regular business hours at OWNER'S expense. the
books and records and accounts of CONTRACTOR which relate in .ny way to the Projec~ and to any
daim for additional compensation made by CONTRACTOR. and to conduct an audit of the ftnanclal and
accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and
make avaJiable to CITY all such books and records and accounts, finandal 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 Proje~
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice.
19.2 CONTRACTOR and .11 of its subcontractors are required to comply with the public records law
(s.119.070 I l while providing services on behalf of the OWNER and the CONTRACTOR, under such
conditions, ,"all Incorporate this paragraph in an of its subcontracts for this Project. CONTRACTOR
and its subcontractors are spetlftcally required to: (ol 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 tn. 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 th.t public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and (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 pro'ltded to the public agency In a format that is compatible with the
Information technology systems of the public agency.
19.3 If CONTRACCTOR or its subcontractor does not comply with >I public records request, the CITY shall
have the right to enforce this contract prOvision by !peeillc performance and the person who violates this
provision shall be liable to OWNER for its COSts of enforcing this provision. including attorney fees
incurred in all proceedings. whether administrative or cMI court and in all appellate proceedings.
ARTICLE 20 -SEVERABILITY.
20.1 If any pro'ltsion of the Contract or the application thoreof to any person or situ.tion ,hall to any extent,
be held invali<l Dr unenforceable. the nemainder of the Contra~ and the apphcatlon of SUch pro'ltslons to
persons or situations other than tho .... to which it shan have beon 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 -INPEPENDENT CONTRACTOR.
2 1.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shaH be by employees of the CONTRACTOR and subject to supervision by tne
CONTRACTOR. and not .. officers, employees. or agents of the OWNER. Personnel policies. tax
Thomas F. Peps
OZ,ll-1S
69
respo~$lbliitles.. soclal·JeC\!rillYalld. h~ insurance. employee benetlts.pur~hasl~g pollCjes.lInd other
,sirnilv admlhl~ve prQc~~m. a)lPlk:abr" to seJ"lkes ren~ under the Contratt.$h.1I bcnb0$8 C!!f
.tfuI: CONTRACTOR.
MTICI.I U "AUIC;NMEN:r.
lUThe COIllTRAdOR sliall not tt:aJ)siet'Or a$Sign lIn~,of!ts rigIItsor dU~es,iObllptioo$ and responsibilities
arising under the tel'l'lls. CQndi~onJand proVlskll)'t of this COhtrat:t wltliout prior WIlItten COl)Senc of,the
ell;\' Manager; TheCrtY wlllnotunreasonabl~ wlthholdan'illor delay Its coosent to the a$Slgnment of, the
CONTRACTOR's dshts. The CITY rna)!. In h:ssoleantlabsolute'<llscr~, refuSe to allow the
CONTRACTOR to assl.,. Itsdu!les. obliprions and resportsibiUties. Itt ~ event, ,the CITY sl!~11 not
c<"nsent to fueh,asslgnn1l\ntunlessCONTRACTOR. remains JoIntly lind f6Verailyliabieror anylmiach ot
th¢ ~el)'t /lithe"$l", .... the.asslgnee meetS all ,of the CrtYis requlrel1lentsto the CITY's sol.e
satisfaciibn aodthe assl8l11!e COOICutes all ottheContract Oocuments.tllat were reqUired to, be: ellBCll\l!'d
by til!!' CONTMCTOR
IN, WITNESS WHEREOF. the m.e'$h~ have~dl.thEi Gen~ral C(mdltlo .... n$I.\O .. ~edgethetr Incl~$ion as part otthe. Contract DoWment$ 011 this E lIay of u . 20~
CONtRACTOR: ou..t:IJ 'W(,
Slgoa~ur,,: -:::=w-,~
PHnt Si81'atory~$ NI!n1l\: iii 11"l1"l\!' IL 1) .a ~.tt
lid fSi SE{-.ft.f::.'fftA-'-1 11,0 gJlatOry:. -i
ATTESTED:
srgnatllre:~,.....,-=..,.,.,-,-___ _
Maria Meililn~ez
Q:yClerk
Read and ~l'l'OVl'!d as to Form. ~
....... flty. and execution Thereof:
~tur~:. _ =:~-,--,---..~ __ _ "'CitY~o4'
Thomas F ...... fIe
O:z.U·J5
OWNER: CITY OF SOUTH MIAMI
Signawre:
70
St!ovell Alexander·
CII:), Mani1Pr
EXHIBIT 6
Supph!rnentary Conditions
"RESURFA.C'NGTIQJNIS CJ.AY'CQURT$ ..
RFP#pRlOI5~19
/II.. Consultant: In accordance with AIlTICLE I !)ft/je GeneralC;::9ndltlo"s CONSULTANT Is dilllned lIS the
person identlfled as the CONSULTANT In the SUpf!lell)liilf:ar1 Conditions !)r If riO"", then CITY's
despted represenllltiveu Identified In the SI/PPI~entary C;ondltlons •. The CONSULTANT'll. If l!h}!.
and the Clty'sOeslgnated Represenllltlve's name,address. teiepb!lne "um~nnij /'acslmde number are as
fOllows:
c;:oo.u.t: N/A
II. TeI1l)Inatlon or$,ub~tion !If C\lnsuli:ant: NQthlng he'l!ill shall'prellElntthe. CITY from terminating the
s~Cel ~ the CONSUl TANT "I' from substitutlnganot/jel' ''petsOo'' to act asth." CONSULTANT.
C~ Plans tOr ConStruttlon: .T:besuccessM CONTAA£TOR· WiI.1 be IiImllIhed sets of
C.-.ntrut . OO~lIments Without charge.· Any addit!ol1al copies required will be furrilshed to th\!
.CONTRA£TOll·at a cost to thll CONTAA£TOR equal t!) tIletllproijijC\jQn cost.
D. TheScopeof.Servlce$,also.~d to.a. the Work irtthe ~c:tdo~umel\ts, I~ as set fortl1ln thl! RFP
and I.n till! attached axH'BIT I to the RFP and If there iii a ~ortfllt1l ;!he attachO!li Exhl/lit shall o.k.
ptl!Cedliri~
Ii. .~~t shall ~!lmplrwl!h thl!.I"$.uran~l!and indemnillcalion requirements is set fotth In the RfP and
1l1thll ~~l!menUIit fllrthlh the ~ttached EXHIBIT 2 ~thi RI"P.and If thorel!; a t<!rtfllt1l the attached
Eithlblt~ano.ke praClldehce:. ...• O· ",'~1lii4I-9(1.""!fl"'''
F. The Work shall be c<!IIlPI~q i.~ . '!> days,uglllsll ashQrf.l!rtlme Is s« forth in the Cdntra.~
and In suc:heverittheiQjntr;lt1l shall takIi preced~nt. niltWltIlS1:a!!dlng any pr<!vl~lon In. the Glfrtel'al
Conditions to the ·Contractthau may be to the contrary;
11\1 WITNESS WHEREDF. the parties hllretO have execUted ~SuppJementary Conditions to
ackriowledge their inclusion as part of the ContraCt on this ~ .y of ,) fI>.W&ff.:'4; • 2OJ.jg
CON=~R: ~~~WJLi IN(.
Print Signatory's Name: JwM"~ =-crt:;
Tllte of Signatory: S fLil!.1!, Dffi! '1
An;mEO: OWNER: . CITY OF SOUTH MIAMI
Sptur~ --=:~-r:-...,.,,.,.,..,---"""M •. I>. Meoenc!ez
CitY Clerk
Read and Appro~ utI> Fotm, i..angul!ge.
legality. and ExecutionTher~f.
Signatu~-;::::-=...,., ____ _
City Actorney
'1:l1omu ... Pepe
0.13 .. 15
71
(2)
(3)
(4)
($)
_-:--.-:::-_.,-_-.,.. _________ the Respondent that has. submitted the
attathllll Propo$il:
HeiShel1'hsy Isfare IiIlly Intormllll. con¢ernlng the. prep;lrationMd con~nt$ of the attachllll' I'roposal
and .n ."pertlnent circumstances concernln,sl.lth 1!r0posaJ:
Such Proposal Is' genuine and Is not a collusive or sham Proposal;
Neither th!! said Respondent nor My of Its. offlcers,partnel"$, owners. agents, representatives,
emplO)':e!lS '!IF ~. in l",e5t. Including this affiant. have In any waytolluded. consplrllll. connlvllll
'!!r .,ed. dlre<;tly orlndlrecdy. with a,nt other R!lspc:>ndent,. Rrm. '!!rperson to submit a collusive or
sham Prop~, 1~C!l~nectlon with the Work for whlc/) d!li lltQchIIII Propow hllS.b.een subml!:tlld; or
to t~ln frc!t'/j. Bidding or proposing In connection with suc/)· Worlllor have In any mannel', dtrectty
orlndlrecdy. sougllt byagreeme~t or~ollu.lon. lilt Qol'llmunlc:ad()l1.; or ~nference with any
Respondent, 1Irm, or person te,b any overh!!alli prollt:, 'Il.r coil~,lemenlll of ch"Propo~al or of';IIlY
other Respondent. or to fix . any overhead" profit. OPtoS!: eI.!lmtntS ofch. Proposal Pilee or th.
Proposal Priced any other Respondent, or to SIl¢IIre throlljlhany. collUsion, tOl1$pll";lCy, C/lnnivance,
or~nlawf!jl agreemen~l!lI)' advanlBge against {Recipient). or any person imerestllllJn the proposed
Wor!ll .
The prjte or pr,lees quoted in tIt.e ~thllll Propo$ljl are r.Jr andp~per and are not tainted by any
collustcm. (onspll";lCy. connivance. or unlawful agreement 011 the pm.Qf tlteRespond~nt or any !>ther
.nltsage"1:$, repr~iltativ6S{ owners. etIjpJoyee$ ()r parties of I ... esl:. In~udll.lithis afllan!!,
Sianad • ...wed,Md deliverllllin the presenc:eofl
BY;~~
Signature
~ lr'lf'I(L 9 tt TrUt%. -SIt:t..U/1'lf-1-1
Print Name and 1'ltle
12, 2Q 1(0
ACKNOWLEpGEMENT
flORIDA )
COUNTY Of MhM1~ ;ga......,.t~.~
On this tlte \;:).. day of r::f"."'. .10 I (..., b~te me. thEilino,*l'Slaned NotarY Public /If the Srste
of Ftorlde.f1!lIionaily a~red (Namels) of Individual(s) who appeared befbre notilty)
1.6
J:i:~fi1£. ~fTj)ft". . .. . and whose 1I1Im~(S) IsI~ SubSCribedtiHhe Within I~$tn) ..• 'Il1l!rlt.·anll.l!lIlsh. IIltl!eyadulowlellge tl!at hlllshllldlq ex~ ..... ' • . •. '.~ ..•. .... . . ~~
WITNESS my lland and ofIIcI!!I seal. . .. ~ Of~
NOTARYPUBUC: '1}<:f/ieo :;;'",-zHdb
SEAL .OF OFfiCE: (Na ... ~fN ... ry Mn.: P,ln~ stamp ortype II c.m",I.~otllld.)
n\ll!1".F".P""," O~~ft
Eltpbt 10117121)1.
,
17
K Personally knoWn ~ me. or
1'el'$Q!l.al • .identlftcatlon:
Typ<\I ofldentillcatl.onProduceil
Old ilike an oatb. Qr
Old Not !:(Ike an oath.
PUBLIC ENTITYCRIMJiS AND CONFLICTS OF INTEREST
Pursuant ~the pl'oYlslons of f!ar.lgraph (Z) <a) of $ectlon ~7.J 33, Florl$ State ~llItlJtes -"A person or afflliale
who has 'been placed on the ¢onvlctedvendllr liSt fcIIl!I\IIkIg a tol'lvl~on for a publiuntity criille may nOt$ul!mlu
Proposal or bid on It Contract to proVide: any gac>ds or sElrvlcet lO a public entity, may not' ,upmll'. a Bid or
propoui for a Conll'actwlth a publrc entity for the tonwuction of repair of a public bulldln. or public WIilI"k, may
not submll'. bids or proposals on leases or real property toa public entity,may not btl awarded to performWor\(,
ua RESPONDENT. Sulxontractor. supplier, Sub.consultant, or Consultant under a Contract wII'.h any pUbll¢
en,tity;3ildmay not uanSlct business wll'.hany public entll'.y In excess of the threShold amount categOry Two qf
SilttjOD 2111.0 I"1.Flc!rlda Statutes. f<>r thirty .Oc (36) months from the date of being, placed on the ton'ilcted vendor
11$1;11.
ThE! amrd qfany contr'att hereunder ,i. subject to the provision"of Chapter 112. Flonda State
Statuti!$; R~pondl!nts must dls~lose with their Proposals, t/teoan'le pf~tQfflce:r,dlrectlilr. ~er. a'lOdate or
apnt who ill also an offlt:er or employe:eof th, City of SOut/t Miami' or It$ agenCies.
SWORN STATEMENTPlJR5UAf-lTTO SECTION 287.133(3) (aj,
fLORIDA STATUTES, ON PlJ8UC EN:rtTY CRIMES
THISI'ORl!lMtJST BESIGI\Il!D AND SWORN TO IN THEJ'!RESENCE·OF A NOTARY PUBLIC OR OTHER;
OFfICIAL,·AIJTHORIZED TO ADMINlsmOATHS.
I,
2.
3.
I uni;ler$llndth~t a "public entitycri.,." as defln"d 11,1 "l1g1'!1ph 287.'~:I (I)(g), Florida: SWytes,
m.".n, a.Vlall\tiOn many state orfede:ral law by jI person with r~pect teand directly related to the
traIISactiOIl of IMln.tswith3l!Y public entity or with an ap~C}lDr .polltical subdiViSion of any lither S!:ate
lIr'oft/te United States.lncludlnr. but IIOt It.tnlte:d to ,any Did. proposal or conuallt fbrgaod$ Or serVIces
to be pto11lded to any publrc .entity or an agency or political subdiVIsion of any other state or of the
Unluld Statell.and InvoWing antitruSt,hud, theft,. briberY. collUSion. racl!eteerlnll\ conspiracy. or material
mlsrE!presen\:a!ion. .
I understand tItat "!:O/l'iic:t.e4" Or "conVi~Q~' as defined Inl'ilr;lgr;lp~,28U~3 (II (Ii), fllIti.IIi.
Statutes. means a findll!ll Qfguilt Qr Ii. to/lVl~bn .of~. public entityClilme, with III" wit/t~t an adludltlldon
of guilt, In any f!\<Iiltal Cir State trial court. of recqrd relatil!ll to aharges brouaht by Indictment or
lh/brrnatibn after July I, 1989, as ",result of'" juryVel'cjICt, non.iUTt trial, or entrY (jf II pIlla of gulll:)' or
nolo contendere.
4. I understandthaun "affiliate" as deflned In Paragraph 287.133 (I.) (a). Florida Swut§, means:
(a) It prede.~r or .u~orofa perso!' conVlcted ofa public .,,!It)' crime;; or
(bl Anl!ntity under the.control ofantniltural person wlJo.is active In themal)agement of the ""tity
~n" Who hIlS been ccmvtcted of a pi.lbli~ entity ¢riitIe, The term "affiliate" Includes those 'iffit'llrs,
directars, _lItlves, partners, shareholders, employees. Members, and agents who are active in
the management of an affiliate. The QWlIer,shlpDY .one person of shares tonstl(!!tillgt ~11!ng
rntll.res,: In any person, ~ra pooling '«equlpment or income among penon. whom not fot mJr
matket lja/ue under an 1II:m'$ I. ~nr, shall .be a prlrnaf.\cie case. that Orie persol'l
controls another permo, A Pl'rson who knowingly enters Into a. lolnt venture with a person
who h3$ been cooVlctlld of a public e!ldty crime in. florida during the preceding 36 months shall
be considered an afIItlate.
5, I. qnderltand that a "person" as defined In Partgraph287,133 (I) (e), ftorlda Statutes, means any
natural person or entity· organized under the law~ of any state or of the United States With th .• legal
power to enter Into a binding contmt and which bids. or proposal orappll.s to bid or .~ on
con9"a~ for thep;oVlslan of ~ods or serVIces. let by •. public endty, or which otherwl!$ tran~ Pf
appIlestotral)sli¢!: .buSln .. With a publl~ entity., The term "periOn" Includes. those ,officers, directors,
~udI(j!S, partn!ll'll,. sl\imiholders, lmlployees, membllrl!. .and ·"",n~. who are active In management. of an
entity. .
Based on Information and belief. the statement whlGh Illave marked bl!lOw Is I:i'\I!I In r_on to !he
"ntlty submitting thisswom statement. [Indicate whlchstalement applies.]
X:.lIIl!ither dte entity submitting this swomstatemenr, nor any of Its offl~ers. directors. executive.,
partI1er.,snarehdld~rs .. employees. m~mbers.oragents who ani active In the managemenv of·the entity,
. n'1~ anYal!IIlateof the entity has be~n charpe;! with and convicted of a pubUcentity crime subsequent to
july I, 1989.
~ The endty submlttlngthls.$Worn ~ment, ~r aile or more of its ollian djrettors, execl.ltives.
partners,shareholders.emplOjllleS. members. Oi"agerttsl!#loare .c;t!Ve In.the ~eiJt Of.the. eiJtity4
Q~ anlllUlatO! of the entity hasbeen charged with and ClOnvictild of. public entity (rlmesubsequen~ to My
1.191!9.
_. _ Thuil!itX submlttillg!his SWOrn statem4!ll'"or One or more ofh;s olliC<II:S, direttors, eKecutives,
partners, shar~,?lders,eJl111!oyees. members. or agenU who 1Ire ¢t/ve 11'1 thel!lanagement of the entity,
or an affiliate Of th",entity hll$ been ~ed With .and cOnvlcted of. publlcllntlty C.rlme s~~l!i!nt of July
I, 1989. However. !h4!fe hll$ been ,subsequent proc<!edlngbef'orlo a Hean~g Officer of the Sta!:e of
florida, DivisiOn of Administrative Hearings and !he Final Qrder ~nte.re.;I by the Hearing9fflcer
determined that It was not in the pubUc.interest to plaGf! the entity submitting this .$Worn statl!iment on
the !loJ\lllcted vendOr list. [attaCh a copy of .the itnal order.]
I UNDERSTAND THAT THE SUBMISSlONOFTHtS.F€ll'J1. TO THE OON'l'llAlmNG OFfICeR FORTHE.I'U .... C ENTIn<
INDENrIFIEDINP~GI!APH.1 (ONE} ~veISFOII; THAT PUBlICENTfn' ONW, AND THAT THIS. FORM IS VALlO
THIlOUGH DECEMBER 31 OI'TH!I'CiAISI/"A/!.YW IN WH.lC.H IT IS FILED. I i\I.SC) UN"SIISTAlliO THAT I MI
RIl.QUIREoTO INI'9RM.1'HePUBLIC EN'I'l't\r PRIOR 10 ENTERING INTO A CONTRACT IN OOless OF THE
THRESHOLD MlOUNT Pl\O.IDS) IN SECTION 287;017, MRIt/A STATum FOR CATEGORY 1WO OF ANY
CHANGe IN THE INfORMIl1"\ONCON.TAlNED IN THIS FORM. _
Sworn to and subscribed before me thl&_...::f_L"._· __ day of
~rsonally known ____ ... t£<-...:: ___ _
(Type Ilf IdendficatiOn)
Fotm PUR7.068 (Rev.06IIII92)
19
~~fi-
Mtcllll1ml~$ion~plre$ /4 ~ I "} -Ii:'"
(Prlntjld, typed or stamped cammiss1r:med
name of notlry public)
DRUG FREe WORKPLACE
WIIeriev~ two or mo.,.; 1I1<k or Proposalawllich areequafwtth re5pe¢ttoprlce, qu~ity1ll1d aervlce are ~,,".
by the State or by anypolilical subdlvfsiQII$ forth procurement ofcommodltles or contracto!aI ~l!i"vfte$, a Btd or
PrQPoo:lrecelv~!I from a buJl/leSlldlat C!lrtifiesthae It has Implemented a drug-l'rei! wQrkplace lirograroshallile
~ prefertll\J:ti In t1\e'awatd proces$. Es.mbll.sh.ed pro¢edures fOr proceulog tie Bids or Proposals shall be·
followed1f none of thetledVl!ridors have a cfhig·f!'eeWQrkplace program. In order to have a drug,(i'ee workplace
program. a buslnesssliaJl:
I) Publish utatement notlfylngomploYHltI\anbe uOhlwful mll/!ulattl:!re, !I!$t/ibutlotl.aispenslog.
possesslon~,o~use'of a c;ontrolled substance Is. plCi)hlblte<llh tI\!ilWot~p'!@cand spl!!:IfYI!1,.the
actJcms that shill lit! takenagalnst eml1loyees (or violations of suth prohibltloi),
2)lnfomlempJoyees!lbQ!It the daogersof drug!lbuse In<tIt!! workplacl!, the buJlfiess'poUt)' of
maln!!lin1nga drug-free workplace; any'avaJlabte. drugcounseJlng..rehabllltatitln. and employee
assistance Pri1,sti1ms. II/!d the penaltll!s Iilat rnaybeJmpose~ upon employees for drug abuse
vlolatlon$;
3) Give eath.lIlI1p1oyee enpgedln providing. tIt.c;ommodll:les or con~aI servi.CI!s that are und ...
Bid a copy.(){ the $lIItel)le~t speellledlll' Sutil;i!ctl!)n (II,
4) In the statemenupeclfled i"Subsection (I), notify the lIlI1pIIlY~. th~~.asa conpltiQ~<>f worRing
oflilecommodltlesor contractUal .eni/cas that are under BId. he employ"" shall abI!IiI bY the
tenns of the statemennnd.haIl notlfythe.employee.of any Cllllvfctlon !If; orpiea of IlIlIJ1 or
l!IIIt>i;ontehrllll'& to. any violation 'of Chapter 1193 or of anycontroUed'substanc,l"'aw oftltll United
States tlran1$tate. fC!Ira iiioladan occurring In the workplace notar.erthan flve (5) business days
afte!r such .<:n''i\l;llOn. .
5), Ilnposeasanction on. or Hql.\irathasatlsfa¢tQJi' pafficlpatilim in adl'1l(abu$e aulSlllnce or
rehabllltatJ\lllprogram, Ifsu¢his,~'laJlablein the,emplllyeil's .ctlmmunity, by any employee Who Is
so colWltted.
6) Make a good f.!llil eI'fOr¢ 1:0 CQlltinue to maintain a drug-free workplace through ImplemenlIItion
ohl\ls$Sction.
As the person aulil.QJ'ized to.$lgn the statemelU.lcertify that this flrmcomplles fully with the above requirements • ....-r:-.
RESPONDENT's Sf~J'II; ~ ~
Pr:intNarne: oj ttII"JMl(Ea..l:>£T Tdif..
~ (fiwv~Q~ \ t! 'ZO I to
Tltomas F •. Pepii
O~·21·15
20
ACKNOWU$DGf!MENT OF CONFORMANCE. WITH OSHA,.5TANDARD$
TO THE CITY OF SOUTH MIAI"II
'fNfA \=1\ D t·, D 11.'. c O\J/l,l's , f (Name of CONT~CTOR) •. herel!fa.:kilow1edge and agnle that as
CONTRACTOR for.th blurf'aclns Clay. Tennis COUrts pro/ett lIS SJ:I$Clfled have the sole re$pon$ibility for
cQmplil!l'l~e with all the requirements of the Federal Occlipat)onal Safety and HeaItI! Act of 1'70. alld all.State and
It;ICIIl sa!ilty and: health regulation$, and agnle to Indemnify andkold harmless the City ofSOIIth Miami and N/A
(Cofl$ult!lnt)agillnSl; any and all I/abillty. claims. damages. losses and 8l(penseJthet may rncutdue.(o tl!ef,Ulure Of
(Sub"100trilctClr'~ n!!!tleil):
to.cQmllly with such act C/rregUlatloli.
CONT~~OR
.. t-MT ~ 0(1"1 '()""/l,c:(~\ \I:..! t ,
BY: \.;.\ 11 t'IQ TIe 1"rO tt"
Nama .
SE('4:.f: 1" ","1;'\ {
Tide
:u
AFI'i.IDAVIT CONCERNING
FEJ)ERAL AND STATE VENDOR:USTINGS
The person, or entity, who Is <espQDdlngto th'C:~'$*,liqlatioo. h~l:dna~r referred to. as "Respondent", most
~fy that the Respondent's nama Does NO!; app¢lr 0/\ the Slateof florida. O~rtment of Man~ent Services,
·'CONVlC1!EO.SUSPENOED, DISCRIMINATORY FEQERAL exCLUDED PARTIES iIfldCOMPLAI.NTSVENDOR
LISTINGS", .
If the Respondent'" "lime Does appear on one or all the "Listings" sumrparl$:! bilow, RespClJjdents must "Check
If Applies" nel¢to the applicable "Ustlng.'· The "Ustlngs" can be accessed through th_ fOlloWing link to the Florida
Dejlllrtmehtl)f ~ent Se~ces website:
b!itW/~.ffl!.,CQmlbusines~ Qperatlpnslstat, P!Jrsba$i~endor.jnf~t1!ilQ{CQI!lIfcted J!!SP
ended dlil=!'llllMt9C)'· tompOOnq .yendQl;IIsts
..-. . .OEQ~RATIQN UNDER PENAi.TYOF PERJURY
I. I It t",rl'(A pfi,rrll'l. (her~!nafter ~ffild to as the "Oec!arent'')stne, \In<!llr ponaky ofpel'jury.
thatthll followin, statements III'EI true and correct:
(l) I. represent the Respondent whose lIame I. •
~) . I have the foJloWinlreiationshlp wllh the Respondent .. (OWher(IfRespond~!lt 1$ a
~Ie prqprietor), PresI<!Ilnt(ifR8$Pondent isa.col'poraUo.n). Partner (If Respond.ntls a partnership). Ge.neral
Partner CIf Res!KIn_1I a ~Imll:t!l'l ParttlersbJp) OF Managing Member> (if Resp!lndent Isa UmJtedUabJlJty
Compatjy) •
. (3) I ha~erevltWllll the Flo!,!da Qepartm~nt()f M'"l1igement Servicea. web$lte ~ th~ follow!ngURL address:
http://www.dll\)jmyft~ld .. cQmJbl#lneliJLopot.ltlon ... ~..purchaslngf~.." .. or _iI1formatlonfCQnvicted_s~spond!id_41
scriminatory_ compOOms_vendor_l/$ts
(of) 1 have Ilnteredan"x" ora check marl< beside each .IistlnglGlteg!>I1' s.et forth belowlf the Respondent'$'
nameappea~ In the list found on the Florida Department of Man,..ment ServlceswebSiIj> for thatcateg!lry or
hstlng, Ifldld n!!1:.entera mark besldea lI$tI~categorr. It means that lam attesting to thdact that the
Respondent's name. c19SS not appear Ilnthe IIst1ng,for that category In the· Florida Department of.Man~ent
Serv!cea Vf!lIIsi~ ~ of the date of this alfldavit..
Ch~1!.1f
Applicable
Convicted Vendor Ust
Suspended Vendi>.-Ust
Discriminatory Vendor List
Federal Excluded R'artIes Ust
_ . V\Ilidi),. ComplalntList
Ft/IJ,THERllfiC.LAQ .... TSAYETH.NOT •.. -r:'·..... . \".." ,~<L\('I.""'I\IL },/I'Tl"· .... ·
(PrInt .. ,. ... f.De<lamt}.
By: .. ~a.., \:2~L
(i";tur •. ot Il!eI:Iar.Int)
ACKNOWLEDGEMlaNT
STATE 01'1 fLQIJIOA )
COUNT'YOFM-'liIluQA!II! .) ~41t.!J
On this the .1A..day of<1'fiiV< , '20~ berore me. the utrdersigqed authority, pe~nally
apposred .. 7"'11~'''' .... ~ ... . who Is rsonall.know to me or who provided the
fOllOWing. id.e.nllli. catI .. '.()n.. -an.dwho took an or . ed . r~ .. ,sheltheyexecuted the
fOrerolngAftldavit i!IIthe llIojclarant . ( ~. _
W1TN~SS my hand anel Official s~al, --.:>0 .
' .. O~I>II'Z State. of .• flda. • ,..-.
NOTARY puaUcl L~#R..fJ ,s;,{ ..... ~II If'"
SEAL e~~u;:. (NlIlI1l! ofN01;ary Public: Print, ..... ...... .... .=~ .. ::= .. OA Stlmp or type as commissioned,)
ThomatF.Pepe '. ...• _. _"011'11018 OH:H~ ....,.
RELATED PARTYTRANSA~TIQfIIIV&RIFICATIOflil FORM
I~'M'YI@.. 'D£.r7tA..,.lndfVlduallyandonbehalfof FA.;:.r-o tel (QJ,L,'ij l/Vt,
e'flrm") have Nqm~Q( RepresenllltiveCompany/VendorlEnrily read the qtYQf South Miami (" ~ty')'$ Codll ofEthICi$,
SectIon !!A-I of the Clt)I1s Code of Ordinances and I hereby certify, under penaltY of pe.jurythatto tnebe$li of my
krIowledge, lnformatfonand bdtl!f:
(I) neither I nor the Firm have any ~nfllct QHh~rest (0$ defined in slIc:tloll!!A4) with reg;mlto the contractor
business. that I, andlor t~eFirm, am(are) abQu.t to perfOrm for. or to transact with. the
CItY.and
(2) n~th~rl nOr any employees, ollleers, directors of th!!. Firm, not an)'Cne wi", ~i!lI. flnanclallnterest ",eater
than S% Ih the FlI'l1lo hahnr nelatlve(s), as defined In section 8A"I, wiro)(anemplo.ll1(ioftnIlCit)' Dr who I$(.re)
an aPPOIA~!lor eI~.offlCialof the CI1:y. or wlTo Is(are) a member o(any ptdIllc bodY created Py. the ell:},
CQmmlulon. ;.~.a bIlanI 0.1' COI11l11ib&c:i the City. [while the ethics cadI!: StillappllilS, Irthe person ~ngtnls
form!. doing so on behalfoh firm whose stOCK Is publicly traded, the statement·ln tliluectlon @) shal.1 ~ ba$ed
sofely on the. sigtllltQfy'spersonal krioWiedgeand helsh". is not required to make an IndependMt InveStigatiOn at to
the relationship of ~mploYees or thc:lse who have a financial interest'ln the Firm.J; and
(3) neither I nor the RI'I1Io nor anyone who has a ftn.and.aI inJ:!!rest,,"""terthan5% in the Fil'l1lo nor any member of
thQS~ persons' immedlatefamll)/ tl.e .. ~pouse. pareril!t ChUdrM. brothers al1d~jsters) .ha$transacted orentered
Into any COl1tract{s) wIth the CIty or hO$ a finanCiallnterest,direc:l;or indtrect. In any b~slness~lngtran.sacted
WIth the city. orwith any person or IJIIInq acting for·the city, other than O$fQllows:
~(lfhlll;""sary,l(M a $epVate sheel; tO$~~ply eddldonlil Information that will nocA,on,thls Une{however. you
must make r~rM'" o/l:theabo~."Unlll to thO(! eddltlQMI1heet and "'udditlonal sheet must be signed under
oath).[whlletlt~ ethics cod.~dllappl~ If thl! perSon lIXecu~n. tIll$fQim Is dolng~ on. behalf !If;l firm whose
Stocklspubllclytraded, tha$Qtement In this M¢tion(l) shall. be p~~ solely on ill .. signatory's personal
knowledge and he/sheJs not requIred to make anl!ldept!:nc;lent Inv!lStf~onutothe relatIonship of those w~o
haVe a finanCial Interest In theFfrm.]; and
(4) no lIlected andlor appointed official or employee of the CIt)' of South Miami, or any of their Immediate I!Imlly
members (l,e.., spou.~ parenti!; chilqren, brothernnd slster~) has a financial Interest, dlrectlyorlndlrecdy.1l1 the
Cc:lntraCll: between yc:l~ and/o,,')'our Flrmandthe City other than the followlnilndlvidualacwhose Interest isset
fortllfollowlog.thelr 1ilII\1OS; .
~fne~essary,Qse _ s.~te sheet t<) sqpply addltionall~formatlon thllt Will not fit QI\·tltls line: hOl'Vl'ver. y<!u must
make reference! onth .. abolle lin!!; tel thtaddltional shll(itllnd theod!l~l\alsheetl'l\ti.t bI> signed q"der~~).
Thenamesof'all CIty employees and that of all elilctedand/or appointed city offiCials or board members, whj)
Qwn •. direc:tlyorindirectly, an interest of /lvepercent (5%) or I\1Ql'e.ofthe tQtiI .. sets pi capital stack in theflt!l1
are ;1$ folloW$!
(If necessary, (Ise a sep>rate$heet 41' s4PPl)' od.dldona' informationtltat will not lit on this fine;. ~owever, yo.1I must
make referen~e,.on the above line. tPth~ additional sheet and the addldonal sheet must ~si8!lad underoatlt).
[WhUe the ethics Cc:ld,still applies.lftheflllr'still exeJ:uting this form.is dOing so.on behalf of a firm whose stock is
pubUdy traded.thilsta~ment ill thiS section (i4) ~a11 be hased~olely on tbe.slgnlltOry'$ personal krio\'iledgeanll
helshe Is notFe:qtlired to make an indeflllnde\l.tJlwestlgatiOn 0$ to .the floaI)dalln(el'est (nthe Finn of·city
employ .. s,appolnted offlclals or the Immediate family, member$(>f eI~d a!ldlo~appolnted offiCial or empli!yelli]
{5} I and the.firm further .eenot to USe or attempt to use any knowledge, property or resourte which. may
¢Qme to ~ through oUt'posilio.n almA'" or through our fllIrforman~ of our dudes under tbemms of the
contract wft;\)the. City.t<) .secure upilc:ia1 privilege. benefl!. or e)Campti!!" for ourselves. or others. We avee that
we may no(dl~Qse I.lruseinfolTl\lition. nquvallilbll! to meA1bersc:lfth~general public. for our personal.galn or
benellt or fCir the perrona[pll\ or benllilt tlf any othe~ person or busine$scentl1:y.outslde of the normal pin or
benelltantltlpatedthrougl) theperlotman~ Q(thEl contra~
(~) I and the Firm~erebl' ad<nowled!le that. Wll! ~ave not contraCted or tran.w:ted'any buslne •• with the City or
IIny fllIG9P<lr l!gency alZtlng for theCI!,)', anllth;¢we haveo,Dt ~ppearedln '.presentation Qfany thlrdpatl¥
befOreanl'tioard. commissiOn or;lgenq'·ofthe City within the. paS\: tWo years other man as
TItOmrII'. Pe ....
OWil-Il;
2l
foUIlW,: . .... . ....< .'> .. . . . . . . . .... .. '.' ... . tlf O.~$sa!Y1 U. se .. a .. ·.AA ... ~ .. I"! ... ft. ~1l~I\t.!;O ~iI .. p ... pl ... y .. ~ .. dlti.Q.naIlnformatl.. . •. on. that... W.IIlI1ll. t.lit.on. thIS.llne'ilo. w. ever,y .. , 0 .. u m. ust make refl!ren~,OIj the~jlne, to tlie!!ddlJ;lonailIheet at'Id thll't4dldonlll Jbeetmust.be $l",ed under:oath).
X:IPurchulnglVendor R~.stnitIc!n\I.~.za IZ t'!UlAllDPARTYTMN$AQTIQN:VERIFICAT10N FOaM fiJ.docx
(7) Neither I nOl'.anyeml'lopeJ' olll~rs. 01' directOrs of the armillQrany oftllelrlmlJ1edjl\tl! flIml!y (~" IIJ a
sl'/lUse,son;daugl\w.parenl; brother or sister) Is ;:elatedbY'lIlooa ill" ll\atrl~ to: (I) any memb\lt Qftllll' City
CommlsslonrQI) any cit)' employeel or (III) any member oftny ~>or ~nlW·of tl\eI Cltyothllr mill! .~lIows;' 7'1'====--:::,""=-.,..'7' ''1' ., .. ~ .. ",,-__ ... _. __ .(,lfnRe~. usell.separsl:ll'heet txnqpply.addltlonal
In,f!:IlTI1!l.!lonthatwllloQt fit on.thlsllne:however, yQU must make r1IfIIrlI!l~ • .(In thlIt!)oyeIIfte,!;OtlIltadlfltlQn;d
,sheelllfldtll'l!!ddllionllhbeet must. be $l&lled under oath) •. (whllll' the mlcs codeJtlfl appllu, If the per_on
eJ<~\I!!~:thl~fPrIJIl."i>lnJs,C!I Qnbehalf oftllrIJI whose stoJ;klspublkllytraded, the ststeme~ In thlnettlon,(7)
sblll'b!>'~~ S\)1'!lyonth,"~atol')l'$.pe~onal MoW~gel!l1dh"slle'snotl'e<lUlred to make an Independent
Investlgadi:ill as to>tI\e rela,flC!In~lpby blo~ orDlll!Tlti&e .. l)fempIQYe.~,oIII~ers.Qr dl.rettors ohhefi!1m,ori:if:l!l1Y
m thelrlmmedlate famfl)'toanY:Q~li'Ited or elc«;ted,'offld\llltof theQ9i,Q~tl!! .. tI\.'r Immedlatll'f.QIii.'rI1itimb\lrs].
(8) NoQther filrm, nor any o!!leernr dlreCtoI1l.of th~tOtllerFJhnorlU)YQil!l whQ has dOlll1dl!llnterUt~~
thanS% 'Q·thatQtherFlrm. nor any member of those.pe.sonll' immediate (aMllr(l.e, SPOlllIII> 1)IIl:811~c;!Uldren,
brothers an"$lsters).n~"'1Inyof my Immediate mnllymeniblll'l(l\erell1lllh!rrilrerredtG'U "Related 1'iIrtIB") has
rupondedt9l\$QIl~rti\flQn'bl'.the City In Which! Qrth. Firm that Il"lIJII'8Hnt or anyonll'whohasaflhanclal
Interl\~,~~tI1i1ri'$" In'~Firm,.orany member .0fthoJ.persons'lillmedlateflimIIyQ.e. spouse; parents,
chUdretl,'bli>ti'oefr and.l~rs) hiV", I\lSQ·felpondad,Qtherthl!llthe,follo.WlIIj::
. . .... . . . (If n_$sa9',I.I!1~aepl{l'ate .tG$UJ>I)lyadd)tlonaill1formationthtl1WIII n!ltft en thIs Ilne~ hOwe'fer,yoli mus.t .
makereferenCil, O'htheaboVeUne, to.theaddltli:i!lallil!~ IiIId thlI~dltl9nil.heetmyst be~edlll\det<>ath),
[whlle.th._ethlcs co.de $!ln.I'lIlplles.Jfthe person.executllll!th~ formlsdolnlso. on'behalf ofllllrmwhose stock!.
PIl~II¢lythlded,the lll:atem.entin thltiS_tt1l1n (8»lIhalibe basedlolel}, ontlle.s1pUVYs. personal.kIIQwkldgeand
hllf'~eil!notrOqillfed~;m.ke!inimlepen!lent Investigation IntodleOtherh. or the Firm helshe represents, as
i:09:le)r'qfflc''~~lfl!Ftof:S Oli.nllhaving afll!lllllll.lln.teru~inthos!!.FlrmsQl'anlr·oftheir anYmE!mber of those
pers!llls"lI;Imediatll ~ily.)
(9) llllldthe Flrmqn!e th.t:w~ure obllgatecj!;O IIIJ>I)leme~~ this Vel'ifiClU:lPO !;llrm.M<:IlqIQrmtheClo/ l!fMy
ehange Inl:ln:ullW3llceu:hallWCIIIld c;hanp ourao$Weflltotbf.' <llIIlull;lent.,~lIlcally.art.r the QPanlilJOf l\i)y
responses to a solldtadon. I anath. Firm have all cibllption to supplement.thll; Veriflo:adon· Form witll the ""nil' of
all8"lI\a fIar!IuwhollllYl!also responded to theome solicltstlon and to :dlmosethe.re!atlonshlp of those
pUtiu tome and'the Jllrm.
£10)1. VlljflltiOn oftl!'l (:1r;f-Jlth!tlI Code,th.8MlIgmal!rfal$~ Il1fotmatlllll:pttllj\Wlijl!t.M/$UpplenkIDtthis
Verillcatfllnl'orrn, maysliblet;me or the 1'Ii!ri1tQ iml'n~!.\'iltllrmil)~!lo~ Qf my ~ant WltlitheCJl:}:i III1dthe
IDI,..,sltlOh oftht!~lI;Ilim.~;e.~'Oi!r9r aliY peljall;li!$i11I~~y'a.vt,M~It!QniIllJ, vlolatlo\lS may iIe¢llrlslderedby
and subject to action b)' the.Mlaoil'Dade ·~l!Iunty· CQmmI$SIc>n.olll!;thl~,.Under peh'\ll:ty lijrPi!'lilry, I dllClire that. I
ha.e.made a.dlllgent·eII'ol't .. toln~themaaers to whlch.llm atteSting IIlIrelDllbGlrb'llIId thatthemtemen~
.madehereina!;lQvearetrueaml UlTectto the. best of mykllowleclge.in(QI'ma!lcmand beltet.
~~.}_A Signature: . '. .' ~T"-
PrInt Name & Tldi!l -r;i IMI'"IEJ!. !:I~"TTl.!A,. I S ~,\k,1/",. ~ ~
Date: J A>'-IVNLq \1., 2D I Co
Sec. SA-I. -Canftict or Interest and code of ethics ordinance.
<a} Oellmotlon.
This se<:tion shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
On:iinance." This section shall be applicable to all dty personnel a. defined below. and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel. quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example. and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The ,orm '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 enylronmental review
and preservation board. the code enforcem.ont board and such other individuals. boards and
agencies of tho city as perform qua~-judicial (unctions.
(4) The term "adyisory personnel" shall refer to the members of those city advisory boards and agencies whose
sol. 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 ."istants 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" mall 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 flnanclallnterest" shall refer to ownership. directiy or indirectly. of ten percent or more
of the outstanding capital Stoel< in any corporation or a direct or indirect Interest of ten percent or more in a firm.
partnership. or other business entity at the time of transacting business with the city.
(9) The term "Immediate family· shall refer to the spouse. parents. children. brothers and sisters of the person
involved.
(10) The term "transact any business' shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid. a proposal in response to a Solicitation. a statement of qualifications in
response to a request by the city. or entering Into contract negotiations for tne provision
on any goods or services, whichever first occurs.
(c) Prohibition on tran.actrn, buliness with the city.
No person Included In the term. defined in paragraphs (b)(I) through (6) and In paragraph (b)(9) shall enter into
any contract or transact any business In which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting lbr 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 shaD constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection sh,1I prohibit or make illegal:
(I ) The payment of taXes. spe<:ial assessments or fees for services provided by the city government;
(2) The purchase of bonds. anticipation notes or other securities [hat may be issued by the city through
underwriters or directly from time to time.
Waiver of prnhibitiOli. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open~'11 sealed competitive proposal has been submitted by. 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 deflned by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation ht and when the proposal has been
submitted by a city person deflned 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 requirement.: and
(4) That the proposed transaction will be in the best interest of the city.
Thl. subsection mall be appicable only to prospective transactions. and the city commission may in no case ratify a
tran$action entered in violation of this subsection.
Provisions ClJll1ulative. This subsection shall be taken to be cumulative and mall not be construed [0 amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohlbrtlon on transoctfn, """ne .. wItb the city.
Thomas F. Pepe
01-23-15
25
No pe ... on induded in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a flrm. 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 bu.lness engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) wHi
also be applicable to this subsection as though incorporated by recitation.
Additionally. no person included in the term defined In paragraph (b)(I) shall vote on or participate in any way In
any matter presented to the city commission If that person has any of the following relationships with any of the
persons or entities which would be or might be directly or Indirectly affected by any action of the city commission:
(I) OffIcer. director, partner. of counsel. consultant, employee. fiduciary or beneficiary: or
(2) Stockholder, bondholder. debtor. or creditor. if in any instance the transaction or matter would affect the
person defined In paragraph (b)( I) In a manner distinct from the manner In which it would affect the public
generally. Any person Included in the term defined In paragraph (b)(I) who has any of the specified relationships or
who would or might, directly or indir.cdy. reaiize a profit by the action of the city commission shall not vote 01'1 or
participate in any way in the matter.
(e) GI{b.
(/) Definition. The term "gift" shall refer to the transfer of anything of economic value. whether in the fonn 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 (el( I) ,""II not apply to:
a. Political contributions specifically authorized by State law;
b. Gifts from reladves or members of one's household. unless the person is a conduit on behalf of a thind 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) Prohibirlons. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer. give or agree to give to any person included in the terms deftned In
paragraphs (b)(l) through (6), orfor any p .... on included in the terms defined In paragraph' (b)( I) through (6) to
accept or agree to accept from another person or entlty. any gift for or because of:
a. An official pUblk: 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 perlormed or to be performed, or which could be performed. or an omission or failure to perform
a legal duty:
c. A legal duty violated or to be violated. or which could be violated by any person Included In the term defined In
paragraph (b)(I); or
d. Attendance or absence from a public meeting at which official action Is to be taken.
(4) Disclosure. Any person included in the term deftned in paragraph. (b)(IJ through (6) shall disclose any gift, or
series of &Ift$ 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 Statute •• 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.
(/) Compu&ory ";",o.ure lIy employ ... of flmu doln~ lIu.ine •• willi the city.
Should any person Included In the term. defined In paragraphs (b)(I) 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
flnanciallnteres~ and should the corporation. flrm. partnership or business entity have substandal 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.
(s) bp/oltollon of offiCiol poIltIOII prOltll>lte<l.
No person included in the terms defined In paragraphs (b)( I) through (6) shall corruptly use or attempt to use an
official position to secure speda! privileges or exemptions for that person or others.
(h) Prohlb/flon Oil use of confldentJo/lnfarmation.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any bUSiness or professional activity which one might
reasonably expect would require or induce one to disclose conftdentiallnformation acquired by reason of an
official posidon. nor shall that pe ... on In fact ever disclose confidential Information garnered or gained through an
official po5ition with the city. nor shall that person ever use such information, directly or indirectly. for personal
gain or benefit.
Thomas F. Pepa
n·1]·15
26
(I) Confllctln, emp/orment prohibited.
No person Included In the terms defined In paragraphs (b)(I) through (6) shall atcept other employment whicn
would Impair independence of Judgment in the performance of any public duties.
0) ProhIbition on outride employment.
(I) No person Included in the tenn. defined in paragraph. (b){6) shall receive any compensation for services as an
ollicer or employee of the city from any source other than the <ity. except as may be permitted as follows:
a. General1y 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. P""ahy. Any person convicted of violating any proviSion of this subsection shall be punished as provided In
section I-II of the Code of Miami-Oade County and. In addition shall be subject to dismissal by the appointing
authority. The city m.y .Iso assess against a violator. flne not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All fun-time city employees engaged in any outside employment for .ny 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 .ny amount of money or other
consideration received by the employee from the outside employment. City employee reports shan be flied with
the city clerk. The reports ,h.,1 b •• vailabl. at a reasonalble time and plate for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited mveltmenls.
No person included In the terms defined in paragraphs (b)(I) through (6) or a member of the immediate family
shall have personal Investments in any enterprise which will create a substantial conflict between private Interests
and the public interest.
(I) Certain appedronceo dnd payment prohibited.
(I) No person included in the terms defined In paragraphs (b)( I). (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter. license. contract,
certificate. ruling; decision. opinion, rate schedule, franchise. or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or Indirectly. for services rendered to a third person, who
has applied for or Is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear In any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a City agency through the suit in question.
(2) No person included In the terms defined In paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, a.nd make a
presentation on behalf of a third peroon with respect to lilly matter. license. contract, certificate, ruling. deciSion.
opinion. rate schedule. franchise. or other benefit sought by tile 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) Act/ons prohibited when flnonclal Int .... m Invo"'.d.
No person included in the term. defined In paragraphs (b) (I) through (6) shall participate in any oIIicialaction
directly or indirectly affecting a business in which that person or any member of the immediate family has a
flnanciallnterest. A financial interest is defined in this subsection to include, but not be limited to. lilly direct or
indirect interest in any Investment. equity. or debt.
(nJ AcquIring flnancia"ntereJU.
No person included In the terms defined In paragraphs (b)(I) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes Dr has reason to believe that the financial
Interest may be directly affected by official actions or by officia.l actions by the city or city agency of which the
person 1$ an official. officer or employee.
(0' Recommendin, prof .... ,on'" .eJVice ••
Thomas F. Pep<!
02-11-15
27
No person included In the terms defined in paragraphs (b){ I) through (4) may recommend the services of any
lawyer or law firm. architect or architectural firm. public relations flrm, 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 recommendadon
may properly be made when required to be made by the duties of
office and in advance at a pubIc meedng attended by other city officials, officers or employees,
(p) Continuing appUcatlon after dty sel¥k:e,
(I) No person included in the u.rms defined In paragraphs (b)(I). (5) and (6) shall. for a period of two years after
hi, or her city service or employment has ceased, lobby any city official [a. defined in paragraph.
(b)(I) through (6)] in connection with any Judicial or other proceeding, application. Solicitation. RFQ. bid. request
for ruling or other determination t contract:. claim. controversy. charge. accusation, arrest or other particular
subject matter in which the city or one of Its agencies Is a party or ha. any interest whatever, whether direct or
indirect. Nothing contained In this subsection shall prohibit any Individual from submitting a routine administrative
request or apphcation to a city department or agency during the two-year period after his or her service ha.
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entitles.
50 I (c)(3) non-profit entities or educational institutions or entities. and who lobby on b.haK of those entities in
their officl.1 capacities.
(3) The provisions of this subsection shall apply to all persons described In paragraph (p)(I) whose city service or
employment c .... d after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (P)( I) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two year. after his or her service or employment enter
IntO a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(I) in
which the city or one of its agenCies Is • party or has any direct and substantial interest; and in which h. or she
participated directly or indirectly through decision. approva~ 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 shan execute an
affidaVit on a form approved by the city attorney prior to lobbying any city official atu.sting that the
requirements of this subsection do not preclude the person from lobbying City official ••
(5) ANt person who violates this subsection shall be subject to the penalties provided in section SA-2(p).
(q) City attorney to render opinion. on ,,",uat.
Whenever any person included in the terms defined in paragraph. (b)(l) through (6) and paragraph (b)(9) Is In
doubt as to the proper Interpretation or application of this conflict of interest and code of ethics ordinance. or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the factS and que.tlons. The cicy attorney shall
then render an opinion to such person and shall publish tile .. opinions without use of the name of the person
advised unles, the person permits the use of a narne.
(Ord. No. 6-99-1680, § 2.3-2-99)
Edilor', nol ... Ord. No. 6-99-1680. § I. adopted 3-2-99. repealed §§ SA-I and 8A-2 in their entirety and replaced
them with new §§
SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions. respectively. and
derived from Ord. No. 634. i§ I (lA-I). I (IA-2) adopu.d Jan. II. 1969.
Thomas F. Pepe
0].23·15
END OF SECTION
p.IIH'tATlPI\ITfAIYl
DEtlARATIGN/APFlDVAITOF REPREsENTATION
Thlniffidilvitl$ IIQt fllqUired fQrCO\Ylllli~hcJlWldl thl! CIty'$Solitttatlon;hQ~eri I~ m~y be used to !lvold.
the need to resllitermembersofyourl!~e5tm~trontem as lobbyiSts. PursuanttoCltY Ordinance 28.-14"
2206 (c)(9),.8ny p~r$on Who>aPP!!lIl's as a represell~tIv!lfQrlln i!ldhlidllid orflrm fOr an(lral presentlltlplJ
before a dty certlflca~ion,~valuatlon, selectloni te~hnlcalrevi.ewor similar committee, .shilllli5t I'ln an
affidavit pI'CiVI.dJld. bV tM City Iit"ff,.all 'ndll/tdl/a.ls whom"y ~kea presenfation. The iIffIl!a)i1t ~ball b~
filed by stiff with the. Clerklsofflce· at the time the committee's pr(lpo$al 15 submittel! (0 tile city
Manager. For tlle'Pllrpose of thi$$I!1~ectloooliIV, tin! iilit!l~membef$of tile presentlltlon t~ilm, with
4;he excePtion of\lnVPl\rsonotherwlse required to register asa lobbvlst,shall nOt bereq!llted·toPll¥ilmv
reJistratioll feel. No pl!lUil shallappear before.ililV I;ommittellpn blilj~1f ofllli.al'1YlIne \,Illles$ Ire Clr~hl!
IlU~l!en Il~d liS Pllrtoftl!e flrm'sprl!sen~tlllnteam pursuant to tlUsparal\raph orunle$li he Of she Is
rl!/.Iistere(lwlth tb!! C;1PIC;ll!rk's.offl~"sa Ipb!lvlst and h8$ pa.ldll11al!l1l1cable lotibylstregl~tration fees.
~
Pursuant till 'S2.525(2),Florlda.$tatutes, the underslsned;JILI~...uL p~ !'11Ji-maU<1I$ the. follOWlns
dllc'.tatIO(l.unl!er pemdty ofPlirjuty:
listed below areallindlitiduals whoma)! make a presentation on ·behalf of the entity that the afflanf
(~presems. Pll!a$1! note; NO persgn4ha1l11ppe.rbefQrel!l!Y c;ommttteeonl,ljibalfof"nyonsul)less Ire
.1II' .• she has been lilited upart ofthll flrm'scpresentatloll Will pursUllnt to thll.pafilaraph Q/'UIlIeQ hI!
ot'hllls ... gl~vnth t!ll!CI.rk·$,offj~ 'S!l'ilbb~lst lII~hasiP.I!I.ll.aPP"lIable loIIlIy!st reslstratlon
fees.
. :TODD
~
Oe1'fdL
!!'IJ&
OWM(;'L t fJfLe5tj{)f::;Y r
v I \,.,l[. -PIL£,5 10 /;,;J. T
f!!lrthe 'f!ulJ/ose of thls':AffldilYltofRepreSIiMilti!!lnollly. the IIstlid membll.tsot the preseritatlliln tIlam,
with the·l!)(ceptlon of any. peoon otbllrwlserequlredtClregi$~r'asa·IObbvist, shall not be required to
pay any reglstratioiJ fi!e$. TbeAfIldavitof ReprilSiinfatlol) sha.I.ll:le filedwithth.e .Oty Clllrk'sofflil(! althe
tlmllthe committee's prOpOSAl Is S\ibmlttlldto1:heOty as Part of the pmcurement process.
Und.eIipenaltles,ofllerjllry, Idechire that I halie read lhefotqolng declarcatlO!i iindthatthefi!ct~·stitell
illl~ijr!! true and,sPt!llifjeally tllal th.e P!!OOtlS .listed above >are the mem~ers,ofthe presentation team of
thilJ!6tttylisted b.elpw
El!eCfl~ed this .1 .vof :Lth..'YM'1 ,iOJ..t,
~~~
J!i1t\,l.reot.R. ep.rIlS~Il.ta.t. ill.· .' . '..{...J!c!!,,~11Il. DitTlt/l l,5E.U2-I~Mlj
I'1ri!lt Name and'Titlil
W.:')r-O/l,~ C()ul2;f), INC
Print name of Elnt tybelngrepresented
EI'IIOQF·SECTlON .
N()T'CE.OF AWARD
29
RESPONDENT QUALIPICATION STATEMENT
ResllrlacllJ' Cilia), Tenn'. Courb
RFP WUOIS-a,
Ther..ponSllto'tl!ljql/!!$IIQl\lIlill'uhall beudli%edas part of the ClTY'Soverall Proposlll Evall/atl.on ;md
I\l$$peNDaNl" se!eCltion.
I. Number ot slllIl.1ar pro/e!lts c;(Iinpler.d,
a) In the pastS YWs I . "'.. "'. "" JVVV,
In the pastS )1@fS OIiSchedul1! IIO~O
'1 QAD b) 111 Ib, pa$tJO.~s
t ..•...•• ··0 In the pastlllyellrSOn Sched~le lt OQ ........... .
:t Osttha Im •• three • .(3) complmed. simlllrprojects.
a) I'r"i.~~ /l..lwt(J[.£ _--,~w;JJ..:l i~\s.L.h~o:::..;...t.:::..o_....:C=-. '-.;;;..v.:...; .. a:.::..._
b)
'. rt()) (: CllJil'i'>
0WnerName: .
OWner Addrem 961 l:h\~borOM.IL.t ,"M~'o Gel
!)wner1' .. I~phone: 95"4-9"1 \ "" 2t2..0 IE:t-T..30iZ.
Ol'l&lnal Contract Ccmpletlon Oate: •
:: FlIIW C(mtract Ccmpletlon ~ "'0",(\'11'.\111 '. 2.;0, ~
Qrlgt!ll/Cqntr;lctl!rlee: Ji+ I t :IS-a ,,0
A/;tliatl'ifull·C;ontr;lctl'rlca: ... .,Ji4l,qS-O. po
ProIectName: ~~b~ ~uII,(V\(.i r .... II'.!,~ 13flpQo\ . g£!>o./l::f f!!:;lO LI...t1S
OwnerNlimJ "l '
OwnetAdd/1!$$13(p.7S'Q D. S. H!l.A1 19 f,J()Il..'1\i Pt\LM~t\l I ,
OwillIrTjllephone; 7Z ,-9 42.. ~ 7-00D
M:ual FI.nlll (!ontra.;t COl'l1pletlon
Dare:
OdIIIIWCcIftract: Price:
M:ul!l .1'10111 Conb'JIct PrIce
2-1
. .. l,.~a (l..~vIllJK.~. . . Pr<!l~tNam~: (~(tkllLf$ w'I(.LI ~(E.. ~91,."f.~a C L
OwnerNam~l ' "
·.OWnerTEilephone:
(lrIg[naIConQ:act Ci:!mpledon TIme
(1iJiIl'):
~rt&l/lllConn~Cl®pll!l;lon ~~
~l flnalC::;Oil!l'aCCCompletion
Dat!ll
Orlgll1a1.Oi1.n~ Pritlll
AwatFinai ContractPri\le:
3. Cummtworkload
1-7
SEt: Ir1TPI"vt'E-Q' etA,",! Covl1.:t}' UJoJ/LFACltv(.,
PI 0)<.>( t Name Owrwi N,lI1W T ['!('phone NWllb('1
Motte. tJPC" fLlqut'-S T
(ON ft tJCII'-'t11trL '-1:51"5
NOT FofL Pv(!;L 1<-
!
4. Thefi>119wlng Inflll'n1lition sh!i.li b<:\ att;I¢Ileci to'the"proposai.
1i) Rl:$PClNDIiNT's hom.e.9ffi,e.orpil~!'In chart.
b) .RePONDEl\IT's~.rqposedprolectorpill21t1<;!n;d c.nllit
CUIlU act PI II ("
Vs.ti£
Q)Resumes of proposed k~ project Jiers(mnel.Jn~ludlng Qn-slceSul\lMlncend~t.
13
a) Bankru~ petitions flll1!l byo.r~nstth"R~pOndl!ll~ 'iraoy predlltl!$$or ollllliratlon$i NI A
b) An,! li!blttatlo"cr~MI or Cl'IlI\ln.! pro,"dln". or Nl A
$uSpIIII.1Qnm<contnlCltSor debarrlng .... omllldding or Respondfngby.any public acencr broUgt).t/.··. L1
c) agaInSl the Respondent.ln tile last flve (S)year. /\l /1
6, Govemment l\eferences: 5 E f::. A;-1T Prc, 1A~.j)
Use other Government Alll!lldu .1It QuaslCG~nment Apnd!lll lor whlth you haVII dollll bualness
WJtIIlnth.~ paj!;IIVe (Slyea"'.
N~}./If'A .. ncyl
Add~
Telephone No..:
Contact hraol'l:
Nlune,otAgencyl
Address:
Telephone No.:
Contact Peraen:
'\/
NiU'IIe 9fAIJI!!!"iYl ._------------
Mcll'es.:
"I'.lephcllle No,:
ClInract PllraCln:
type.of Pro/eGC
'I'IIOntu F. Po""
0"1,.15
14
LIST OF .. PROPO'SED SUaC:ONTRAC1iORSAND PRINCIPAL:SUP.PLlERS
ftesurl'acinS CrafTennl. Courts
RFP tlPMO.15.29.
're5t1ngLaboratory
Soli fumlptor
Si~
Other:
wftbfl1·II\'!I (S) buslo!155 da)'$.alter Sid l:>p'nlng.
END OF SECTION
1.&
1) REFERENCE
.PrG~de , 11$1; of ~hreeI'" cJrellts/mulllclp~ljtl$thiit hlllVI! ~mll!d ~II s.r'li<;l!$.imlDgpl'Pposedw thl!City,
lnclud.1! the fDlloWlngfllfc:umatlQn foreath referen<;l!; ,
Name, TammyGoQlf
Agency C,ltyClf,POII!M!!o. BeadI
TelllphQnll 9sc.786"40~
·E-mail,·address. tllmmY~eI!fI!.m
~l'R.IlFEREN¢1i
Provide a,lIst Clfthrlll! ·(l!l c'ielltslmuntolplllifles~hat hllve utlll.zed tI1eservlcllIib!!ing:prQposedto thl!Clty,
Include the foliowilllJ InfDrml!tlon fore,!ch. fllfere",;e:
·NameDon Decker
Agency City Of Weston
Tilephone9SiH89'432l
E.mallllcldre$$djlec:ker"t:mftom
S}.RlfEllNcE
.P.l'Gliidea IIstofthree(l!) cIJellts/l)ltlnicip'alitiuthat have Qtilizl!d the selVl(5 being prt1llO$I!J:ttG theCity~
ll'lch.,1c/llthll following illformiltioll for each l'efEirllnce:
Nllml! ElId Prill ..
APncy Cltyoflt.!l)ri$ll
Telephone 9114.888.60&2
E~malt address EPriiileell!!!iiffltl!id,.v
F~..oRY CQURTS" CLAY OOIJRTRESURFA'CING.PROJECTS IN pROGRE$SCi,L C o MIl I ~'T tLO
O/h$r COntracl$Pfilndirlf1Availaplfl Upon Request
--~"""'" I'IIlIIICt-p"
Allo\l!lIoIr~lil<. $tjI1!
AVilml.
,"",!I!I!lIJII
tIo!1l"*"r--"'" .atht,1"I
I'.HJIY~l!!i.U!j;;\iIOIIIj_l~rw~
" ','_'W,·,'"
•••• at 13 ,:. ".1[<tPI'Y,(::au'rl:~,';,_ '11 '.1' •• T~
,:. ,,' '"j, '
~lJ:Iff:"1IN-ii-llil,mt
1):m:~'ii::.M:t
---.oJ_
liM:,(i.we ;2UtW
AMi11'"'bliilltW£
tf$)fXl'nw":lt,~v"f,nw
'7",,!lfr~1 &~~J',~~~
V~Alf(¢:~U»fru} alrt!'l!tl'
'U1fOni~.~t·drlI.mm
~» Ftul'Ot ~iQ,-411"'~'iiflti
Vtoo"h~,ll.l~,nt 1;()1I'i'l'UJt
:Sftlrm-4uj.iUit It.9?
t~Di
~~enl-. i Gn"tnf,'
1"'I<lijl"',Nlrj,«llli
t~li 1'\' •• ,IIllIMJ"a~~.
~l:r.),rP..'/,1'!:i);~J~f
Si~ Ab!lU~t :.l!1lij
$K~l' ;P(1.~rt';<j lVlt.
1;j11t\f,qlti,3f1'\f~til,
A~ll<tt~1tiiIh .lIf:JwHf, :ttu.
IC:DmAd tM.ro'
Jl:ih-lii'tstif!l1.,'f
Ilj,¢,n ~e ~rnti:i lIiI:ILt-Or-ji ,CI'I"rn-~ lit;:, m,;;f~, 'I'1f,vlmijl:iy. tlii::VHflJJlll1 "'" "".,,,",,
t,~~»\11_ ,~M_mrllfifW ftJ};1l'!qf1i til,rtJ fll Mt't lL4\,1$H¢,t;1r;; Jli~'~w
~~1* ,f!1;i0$l#~j\t .it"~~t'S'Q '!,;If MiM'Il ~"!M'"'~, :~:i~~~:~::~~::::::"" 0" ~:"'ti!li_'~"I!'I' ... _" .,z, 1'"n!lOll ."'r<U
~rj;f#j~. 1Hltll:iU.~~N.Uif¥· #r&-Qu''Iti-I'~; f~_!l",1'II1tWlt~(~I~>''t!1~4,
!r;k<i ~i,i$ ~d'l-fll#f Q' Am itqtr,l~ ,ffWtl) 't" .,1t'JlK!t "WJ,11W.r-iJn'11'V'~ ~J_tnik 'M
CERTIFICATE OF
ACOftl)25 (alII01Olll
11A1'£OF FLORIDA
D_ARtMI5NT OfBUStNESSANDPROFE~IONAL RE~tJLAttON
OSTACHHERE
'I .. 1Ju~ 001 nI'll>ul Imlllll"'" Il\"l"""!l"m,", Ill'lll~II~l!\t "'''ljlll\'''~I~'''''! h",l!ll, .. ~"Il.'IjIri_ .wl!ll.,111"rio.i$tm.U"tI!lIII!,111Yl\I1d
w ___ ,hu);illm ... "Ieo""'I\IIIRCII.Il',vrnll ~DIlpalll1~~I,,,'~'M.Ill\\l!,m.mI,!ll:nic"'''DIlIJ'''' !lrSlll'llll<rOI'dll~ air
It!mlli!! .. m:.,("UlrNJ/f,4ftt,#II'" "pro'l"l1l"'''''tr ,qltulll!lifC' 1I1.,,'idl l' '.
'1'" flllII"u, "bulll !llate "fl'lmi~~IilIlIll"l!lp~"rtill&;llli.II';II\lI~lIlllllbl!d fJllt.1mlmlllll "ct.,lti"" which I,"v~ s!I>!llmlll!til 'llll.lIt~tltlll~
hcIW<"'" wlldQlli'Om'"tut".,'CI1lmll11t cnliti.~,;pl_ "!IltIl!>lIIll'f1!!11 till! 1J.Vl\rtm~Q\ oI'Mul.l.l!l!cl1luIIH'OllIlI.c.' M~I'I("lII\lMniK.JI'IQ'"
~!, l!lImtIllI.wfltll!l!'11ll_iI!llIl!ll(~~tpl'f"''''!1IIII
AC.461621
ili'llIl Ih.,p .. iII'.nm .... ( .mr ,1','#l ....... nol!l."'I .. b.la~"'" Iblil'II"'I'.~Wllji!J> biddilWI!j1llI1I1i) r.mlilIilllIUI'_".II, cUIII.lorfllltlllll" I/n.Uflmriltld "
rop,l'!Jd •• llolllulr'OII, Ilrlllllblltllnlld'wlllIi\!Vvlli'cUII1ll til l'lII,fulk/lll ,OlIllllltttlfth. I"wl
f)HPRil< ~h~~l!ill!! 1M WfY YIlIlIIII''fIlClwi!ll$InI~ 1I'''''lllm~lIl. hl\lA¥ "fDUPR'~~~~I~~~.r"lI''lIi'"'!II¢ l>llliuc III wmy,I!ibl'!v!!iMli'l,\lllllQ.\l1lll!,
W,"".:1'ml'l'!!, )'111111' IIliII7.e Il!esc,s~r"'i'~'IHI!Il1!iII,, ilIIlIr<155 challb'llS, I\c\ll\~injl ,br1illl':1lIlfl<l rl>n,I!WWllJ1' lil':"'I'I..,.
Namll ~1'~IIl!.s Mjuire legal dOCUtlllffiwtlim \f.fi~mlll!1l: l'Ial'll. L~ilIhg •• wJ\MNI"l!!lb~ IIlIIUed II) lhillDBPR. An ."Iaitllll, a cel'liti.d tnpy Ill' II
dupliual!.,.c"ll)njl·lUn.ri~il1alllr."'1IirllldllllPy"t lI«IIll\llIIcUt Ilml sll()W~ lIlIl IIt1111' ilhal1i!l" willllllllOOCprOO, Illllo.~ II!Q nUPRhu. II
que.HIiIl.bllIl!, Ille lllllli.lllicity ,)flhlllltmUlllOnl. '
U'llPpli.nble,lhuJ1>I)PR ,villllCndll; I'IJUIIwlIl 1l,'Il'rlt; 1(/ YOIII' h"I,. k,lu'\\!III,lddrn.s or ,,",.if l\!lllle.<'lI'Ill!lIlI1!. U·y~uh.!lv" lWlrl'1ll)jvcdytlilf
I'lIllt·"'lllnoll .. 'tl, IIlu_llall ,1l",CuIlllllllIIll' (:Illllaol C',\II."qu ij,1);4I!7 .1 ails Qr on 111I~ atlnLw;My I'lotiMLlcc!!S!1.91mlloogIIPIUft.
1'1.'tl!Il''!flll' II> y"urpmi'llssimt '''~'''<t!II'hIi! ~liII1ilcs ~mlA'dlililli$l111l1w <ud.s (ur limoot .i"ilj~l1lIJllrdm!lI'\lll\l\ll!Ilt. 'f1ll:;i<I mllY Il;!
IIAlC¢iI>l.."<I n\)lfI<'lJrw"bsitc,
AC# 481621
11\ ~.
)1 ... · !.i *
:t., JI; .. ,-I ' ..
. '" :s
I·
I ..
I .~
= 5 Kg" I I 'Ii! II!· I I ~i '.1 UtI
JIllImSQI'I!llt,crCII,
Put-Dry ~/II1~.
1_ NWr AIlIl,
PmnJlllllD IIIIl1l1h,.PI. 33 .•
¢Qt!/II'ilWliltlOllS:1'll1 paS$ll11 thd eertlflcatiQnexamand earnlng·the _lIIItIan. ofCertlfl1li:f Tellnlli{lQprt
lIuild!!r,.'tlllsl$,g~ilt.lI~m~lI~hml!l'I~.I··. AI:!!i1m¢iI.WTlldi~tlnll.yout.nlitwdl!llill'llltionls enGloSt!d. AlsQ,
II certlfl§te willbi! preseated atiihe2(jlS·Technical Meefil'lll, to b41 hlldiB ~ttildJ!I!!,AZ.
r(eu arewtllPl'lllIta_tlll(;JJ:ld!!Sldf,lllllllf,lar.·v,III!lr name, and tIJ uatlte.lop lISI1I1Ce5illlr't,'¥our
ft$l8ll1ltfOll has beertaddad:tlll:yourpersonalmemllershlprtllll'ml here at ASilIil1:JlItfll!I' IfIlllCiqtlal'flm;and
till Ali.!!A l!!iIlI!!l VQ!.I¥.~Ill!J.ofIllln.dSes, lIItJ,etc. wll/ rell~YOUrn!lW 5:l:alillll as IIcettlflld me.r.
ItliM\llllblll'l.oted ~bat tile IIIrtlflcatiQI'I i$llperslllnlllde's/lP'IlItiOl'l,I!a.toed br,y y.ou thrO!lllb v,ellf;S QfwQrk
lind hout.S<lI'&!iudy.lt; th_te,.d(les!'ltlt IIppty fO your t<lmj:IJIIV·asa wttlilte •. Plel\se. make $.\lte that
bm.chJlfM, Ilfs.l!onery~ Itt.. ntlfect .theper.nalaad indMduall'l!itul'l! of. vanfdesllll'lqtIO!, . (tnoth",
WQI'dlI.IUhoUldrl'ldl~t~thati¥(jlUI$ ij $ttifiedRtl'lfeSSlonlll, qre" tneinbEl' of your'l;pmplII'IV,'mlthat
the .mplIn, lbelf Ii ~.FtIIIed.·I''Yfl\lballeany qU<lltilllllS ,.nlllilltlllil,Ullltatvourd"iIiMUIi/I'I, plllllQ'
lIi.illt.m:1!1I tIIIl It aB-aOl-27Il.or emilU.llt~nthlal!lllportliiUI~otll. I will .. also b.e selmll'llljllQl'llIth!!
Info.fmlltl911 !'!IllIrd''lgr~,""'Iei\tl!ll'l, 1l1.tltoUSh \(QllwiU npth~!.Ito ~rufy: fOl'anCltl1li!f thtoeV"f$.
Aplq, I llIJII1111'l11ullll:eyOlA • 'YflufacbljIVlIl!lent. Til!!Certlftcatllllll GOl!lml.l:tl!eWlllbeltm~11'I8: furward to
your pal\lltipation:ln luadMtles,
> .tf,).
VJ o ';; q~ .. ~ $;~n
... ~.' ..... ".' ... ;.E=.";;"'.' .. '~""' .... ~;oz o .. ;
z~
t.IJ
Time fur
Resurfacing?
15 ¥our day tennis (o.urt showing ItIl age1Ate highfllJes starting
to cause bad llounces.odcreatlnga ttiPplng hazard? Istherea
signlliqnt am.ount oflll!lae and hard PlIO built up around'dlecourt
petimeter? DeesyourOOUrtta~efo_ to dry aftera raill? These
.a;re allsignnhdltmlghtbf:tlmeto fI!5IIrfaceyourday (oolt Fast-
Dry Cillirtsiday Glultresurfaclng 1!!dInlqlle5 can!OlVe 'dle51! prob-
lelllS and brinQy.cOllrt back to tupplaylng cornlifton.
UNDERSTANDINGYODRCLAVCOURT
Believe ltolnot, mostd~y teunUI'll nqt I!!illt witll natUr.U day. In
fact most day {Ourl$ll'Il ac.tpally b.ullt ul/ng Har-TIII,a ClllSMd 19na-
OIlS 1l1~_1t ~l'Il8n ~nE! f~und onr,1nthe Appalad)lan ~un,.
t<lilUllfVlrglnla. I'!ar.TIIi (lay (~ul'l$.rnqlllrl!.l·of$U~Q! materlalfol
Cl(ItlmulII plaYability, awrutallllllYaIld molltUre Mentllm.F«1I!is
,.n,al/new d~(ilUlI$ill'll bUIlt wIlli +1-40 tQns (1.000.80: lb.
bil!l$J of Har,Tru surfadng material. £lid! IlewllaHruwurrlslllsti
bUlltwlth a 1"ln aO'~ro ensure adequate rainwater drainage.
TIlts means that a new.slngle<ourt(6O'W'tlNl)Wlllslo.pe 2"lflt Is
slaped ftOm.5ide-tMldeo! 4".lfltisslopedend,.f,O,end.
SlIrinklerlrrigatlou,raln. wind aM playahauSl! Har'1iII material to
Itgularfy wash Ilfftbe <ouitandtomlgrate W"shlfl"}.from the higb
~Ide ofth!lmurtfothe IOWsltle oflhewultHM~TIII(ourts III F1oridawllllose 3.5 tons per year III' 15-125,110 Ib.bagst due to ~jvera!lu!!d
year-round play. Overtime. yoDl Har·Tru(ourt wiUlose1h~ Id1!il11" surface depth, losel~t']nlil'joPeandUll!ltn ro'fl~en ~ut"; TII~(bi\llgei
will dluseYliurday<oUl'IfDretallllw molsblJe,sRlft·under roiling apdp~yanddraII!PolJliYlrW!ltI!lg·lnjessthanCl(ltlmum(posslbii ~n dalfoer-
ous)pla~n!l.(QlldItIlms. FlIr1hese rea$!lll$j~Lilser .. TaDered"l'IlSUrfadtlgis a recQmmendedcapltalprojeCl tIlat:sbouldtake:p1ace ~iy 4-6 years.
RECOMMENDATIONS
LASEB-I.l ..... REBID RESURfACING T· /,
Fast~Dry (1!~~~~~~~\€Ontra(tlir IhtheUS.tll.utiIlZl!lhelaser·T~«d
resurfadilgJ~niq~e,tllrestore Har-Tlucou.1tS to a like-new (ondltlon,ln.ll
wlll-tapelled resurfacing, Fast-DIY CQurts uses laser guided gradJlIge.llulp·
mentto ~moveilxcess matllrialajthelqwendofthe courtijnd to'addllew
rnatllrlal iltthe high end oftht.court l'hlsptocmllan restore the proper '"in
30' allJrtSlOpellnd1" sulface depth OfHar-Tllfmatetlal.
Fm"I'YCoUrl5~UI.foI'owIng$leP$wh.n
cornpletlngi'ta .... t.per.edResum.dn.:
·Ilemovun~dlsposeof eastlng line tapes
• $CmIlI!"iIead m~terial.offl!fth~ (quit
• SQllifYa~ removl\algal!,fung~amillald pan
,SCl!rifye)(cess Hilr-Tro 1lliIlefialatlQWsldeofCO\lllandlooistribt.ll.lf
totiighendoflhHolUt~lng .Iaser gllidedgradlngequlpment
• Apply5-30tqnsof~w-Tru surfacing materiill to mstllm "surface
G~ptll and 1"/n ~O'~loJle II,Ill\gJasergllidOOlradlng equipment
• Water and roll mlUttQ,inltialfimmessand instill! newtllPes
STANDARD RBURFA(lNG
Yourday OOUItS will DeOOto,!re"top-di1Ssoo/with 3tonsllfnew Har.Truon aregul~rbllSlsjnordertll keepthem
in ~ppliiying sh~Jlt' betwftellU1$I!J·TqpereuresurfaQfJ9 prole~.Some customeiS~hoose tQ.illdd inatelilll each
month (~.10,lOJb. bags pet court) witl!thelr(lwn malntenancestal'f. Oth!!t(ustll!lll!1
rlal:annually using a tennls',OOIl!tcontmctor. Fast·Dry Courts is available to p1erfmm
WhIdI we describe as "StanlJard" (rather tHan NWer-TDperedltj [ftsurfapng.
• RemoveeillsllngllnMapes
• Scrapl!"dead lIIaterial" off the court
• ScarIfY theconrtsurface (ensures newl1lllteilill
bindsladbell!Sto exlstlng.court surface)
• App!y3tonsolllar-Tlilsurfaclngmaterlal'lia,lute bioadcastlngorspreader
'. Water and rollcouWcto initialfinnness
.Instjll new llne_
II\IRPENIlElftyvelllFl~DWlT8 AWARD WINNING
tlUAUTV
• RecognIZed bytheAlnetlcanSpom.BulldelSAssoda-
tron forqualltyWllJtrllction 1&conmtlVeymS
.43 ASBAAwatdWinnilill· Fadlll!s sloB! 1995
.7 UJ5A ·OlJlstamllnlJFadllty"AWlltdWlnners.
l.ICEIWN(i.INSUIlANCEaCiIl1FICA11I1NSmAT.FAII
.m:UU.UIMEMltff$
• 2 Florida Cer;t/liedtieneralContra<.tols on ~aff (Pille
ItOj$~,iltS1.8.Q341
• lVSptA'el'tinedtenni~ProfesslQrials.lln st~
(U5PTAil23S2Q •. ,$4492·&t47Z7)
• certlfiatteofClMjietillicy-TennisCourtSllffadng fur
.BrowatdiCounty,Palm.BealrhCoUn\.y, MartlnCOunty,
IndianRIV¢t~ou!ltY~ildSUudeCounty
• $2MGeneral UilbilityPolicy
• $3MUmbrella Policy
• $fMAutoUabllltYPolicy
• $lM Bundlngca_
• EuIIWll!IImenfompellSiltiontn$urant%!!
(ompany Overview
faSf·QryCol.lrt~,lnc. ~all~J in tbe d~$lgn. con$lI'lIttIon, !I!$IIrfadng
~nd'malntenanceof athIeJkCOl!rtJ ant15\lrfac~si Illo~dlng tu$tllmers
wltl! a.complete setof.CQ~rt.(Ol1$tluqlgnse~l(es·l!VerylhlngWr!lIQtlal
design andtonsultatioli tili.ne\ll conStlUaion;and·wurfadilg/. repilirs,
lighting. and.·tenting .. We bfrefa (QJlipletellne of baSketball 8l1d5pott
(!I1IIt SUppli6 through olii slstl!f (ompanY,1Q.S Tennis Supply,
49VElUIJIlAQ(R£CORO OF EXCEEDING CUSTOMm
EXPEOATIONS
• :6,300+ projlic:t5Cofupletedwithouta single EaSe of
IltigiltjonfflMualitYilr Plirf!lrm~nce
·Owrifo,ti ofqur~lISin6$la~bear YI~sftQm Plpeat
W$tQIII~l}orref\!m!ls
·~Q%OfD~f·C\IStOIJI~(s wouldre(OlIIlIIgndifan"f)ry
(Qumto atRl$J\!d (!IlIeag~orl\jl!lld
• 1,000+ cou.rt mlilntenancesupplies,eqlllPlllellt and
aC(l!S5llrlesin $tQ(kllnd ,~vailable for ImMl!dlate dl!IlVery
from lQ.STennls.Sllpply
We,bi!vewotked withtllousands of court owners ovettheJaSt2s:years
and·btllit IIstrilngreplltiltlonasthe leadlllgSp!lrtmurt buildel'.IOIlfOllila.
However. webave. al$odevelDpl'd 1\ natl~naln!putatlol1f!1t ~ti!llan~
and w~re recogn~dbYRaquetSport!i Illdll$tQlMlllJilllneaJ!h~IMtion
al"Tennls €ourtConmtfllr oftbe Vear"for 200S. We ~o tak\loo pllllllCtS
outsfdeofflorJd~ Iftll~ areagoodfltf!;lr our .. ~ompany. Wllbavecom"
pletedproJectlilil AiIzolla,.Nevildl!~lIrkansasiM!<hlgjln/·Wasblngtonand
~nous islandsthrougbol!t tbeClltibbean,ReferenmsareavllUllbltllpll\l
n!qUest.ln short, WI! are heret\l5\lpporty!iu'for the life of yo\If murtl
I'ssH1Iy Col!rl:s -Dry..-'Dl5tBN·t;ONSfJtucn9fhIllFUR!fISHMENT,afflUlf.~a ... PPUf.$
IIUl11.NW1J1hA"", ... ""1IIjOi ... ~R._ trJ4D) 438-.2i1Ml'·· Fa (tS4) " .....
THE CITY OF PLEASANT LIVING
REFERENCE CHECK:
RESURFACING TENNIS CLAY COURTS
PREPARED BY: PURCHASING DEPARTMENT
VENDOR: Fast-Dry Court Resurfacing
DATE: 01/15/2016
REFERENCE: 5unrise Tennis Center
CONTACT: Earl Prizlee. Project Manager
i. How is the vendor's quality of work?
Fast-Dry provided the proper staff. tools and materials to perform the job of resurfacing
clay courts including replacement of the nets and lines. The quality of the final surface
and lines were excellent. Minor imperfections were addressed as the City brought to Fas-
Dry's attention.
2. Were projects completed within established timeframes; on-time and on budget?
The project was completed within the time frame. however additional issues (water
valves & Drainage) required additional time.
3. Was the number and type of change orders requested in line with the project?
Change Orders were owner requested and reasonably priced. A small change order was
to install new valves and another more significant was to repair the liner beneath.
Neither was part of the original scope of work.
4. How is the vendors Response Time and communication with staff?
For the most part. there was no lack of communication. Management was very
responsive to emails and phone calls
5. What was the project scope/agreement and project value?
Resurface 10 Clay Courts including nets and lines for the amount of $55.995. One change
order was issued to dig up the entire edge of the court. repair the liner and replace the
excavated clay for the amount of $7.750.
1
"THE CIT'!' OF l'lI'AS,\NT UVING
REFERENCE CHECK:
RESURFACING TENNIS CLAY COURTS
PREPARED BY: PURCHASING DEPARTMENT
VENDOR: Fast·Dry Court Resurfacing
DATE: 01/15/2016
REFERENCE:
CONTACT:
1. How Is the vendor's quality of work?
2. Were projects completed within established tlmeframes; on-time and on budget?
3. Was the number and type of change orders requested In line with the project?
4. How Is the vendors Response Time and communication with staff?
5. What was the project scope/agreement and project value?
Lt; 51:1-.,Ilflf-f( f5(/tlf)/Ic-~ /5 JfA;L I/tv GLA I-' CotJ~'T5
I;t/vt-'p/lft 1t.({t4Wr,.!( r: /.-l.1t/rC(~6 t:./.vt£S. 4"'13; flO, Q"O
1
THE ClTY OF PLEASANT LIVING
REFERENCE CHECK:
RESURFACING TENNIS CLAY COURTS
PREPARED BY: PURCHASING DEPARTMENT
VENDOR: Fast-Dry Court Resurfacing
DATE: 10/27/2015
REFERENCE: Tammy Good, PMP ________ _
CONTACT: 954-786-5512, ________ _
1. How is the vendor's quality of work?
EXCELLENT
2. Were projects completed within established timeframes; on-time and on budget?
YES
3. Was the number and type of change orders requested in line with the project?
YES
4. How is the vendors Response Time and communication with staff?
EXCELLENT, VERY RESPONSIVE, COURTEOUS, AND PROFESSIONAL
5. What was the project scope/agreement and project value?
RENOVATE CLAY COURTS, CONVERT TO HYDROIRRIGATlON, NEW FENCING, LANDSCAPING,
ETC./Job Order Contract (JOC)/$600K +/-
1
111412016
Detail by Entity Name
Florida Profit Corporation
FAST-DRY COURTS, INC.
Filina Information
Document Number
FEUEIN Number
Date Flied
State
Status
principal Address
1400 NW 13 AVE
POMPANO BEACH, FL 33069
Changed: 02/14/2014
Mailing Address
1400 NW 13 AVE
POMPANO BEACH, FL 33069
Changed: 0211412014
J77733
59-2821640
06/11/1987
FL
ACTIVE
Registered Agent Name & Address
SNYDER, SHAWN C
7931 S.W. 45TH STREET
DAVIE, FL 33328
Name Changed: 04/10/2012
Address Changed: 04/10/2012
Officer/Director petall
Name & Address
Title Director, President
DETTOR, STEPHEN N
1400 NW 13 AVE
POMPANO BEACH, FL 33069
Title Director, Secretary
Oolall by Entlly Nama
h1tjYJlsearch.sunblz.arg/lnquirylCorporetionSearchlSMrohRasuftDatall'llnqulrytypa=EnlilyNama&diraotionTypa=Inltlal&soarohNameOrdar=FASTDRYCOUR... 1/3
1/1412016
DETTOR, TRIMMER B
750 NE 9TH AVENUE
POMPANO BEACH, FL 33060
Title Director, VP
DETTOR, TODD M
1200 NE 3RO 8T
POMPANO BEACH, FL 33060
Title Director, Treasurer
DETTOR, DAVID H
702 NE 9TH AVE
POMPANO BEACH, FL 33060
Annual Repods
RepodYear
2013
2014
2015
Document Imaaes
Flied Date
03/1412013
0211412014
0112612015
Dalail by Entity Name
0112612015 --AN N UAL REPORT __ V:.;,ie:..:w:.;l::;m;:!ag!;;e,.;;ln:.;P:,.:D::.F...:fo::::.nn=at_
0211412014 --ANNUAL REPORT __ V,",le;;.;w;..;l;.:.:m",ag,-"e..::ln;..;p-=-D;..;F..:lo;;;,nn:::a:::t_~
0311412013 --ANNUAL REPORT View Image In PDF lonnal J
0411012012 --ANNUAL REPORT
0211412011 ··ANNUAL REPORT
04(1512010·· ANNUAL REPORT
04/13[2009 --ANNUAL REPORT
04108120Q8 •• ANNUAL REPORT
0510212007·· ANNUAL REPORT
View Image In PDF lonnat ___ J
View Image in PDF lonnat J
View Image In PDF formet __ ", j
View Image In PDF format
View Image in PDF fonnat
View Image In PDF format
I
0411112006·· ANNUAL REPORT ,_ View Image In PDF format ___ J
06/1 m005 --ANNUAL REPORT __ . __ V!~.!'. Image In PDF fonnat ", __ .J
01{29/2004 •• ANNUAL REPORT View image In PDF lonnat __ J
0212012003·· ANNUAL REPORT View Image In PDF fonnat ,_J
0311812002·· ANNUAL REPORT View Image In PDF fonnat ""J
0111912001 •• ANNUAL REPORT u ••• ,,, •• ,,,~ew~~~~.!!'l'.e!:.~_rrn!!t ______ l
01119/2000·· ANNUAL REPORT _____ Vi~~l!Iag~'!.~~~Jonnat ___ . ..J
01{2811999 --ANNUAL REpORT_._._~~ ~r.!!~ge_ln PD~Jonna.! ", ___ , ... 1
01116/1998 --ANNUAL REPORT View Image In PDF fonnat I ...... '"~ _____ ...... ~_~._~,~,._, " .. -I
03/2711997 --ANNUAL REPORT ___ '" Vlew!mage In ~Ef.f0~.~._~"J
04/09/1996 --ANNUAL REPORT View Image In PDF fonnat I
••••• _ ••••• '-. ___ •• _" ••••• _ •••••• ¥ ............... __ , ...... , •• ., ••• J
04/1811995 --ANNUAL REPORT_ .. "'i~!r.!!~~~!!,_~£l~f()rrnlltu
hHp1/search,sunbiz,orglnqul,y/Corporalionsea,chlSee'ChRG8ullDataJl?lnqul'ytype=ErjjtyName&di,eclionType=lnIUeI&searchNameO,der=FASTDRYCOUR", 213
2615 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# J77733
Entity Nama: FAST-DRY COURTS, INC.
Currant Principal Place of Business:
1400 NW 13 AVE
POMPANO BEACH, FL 33069
Current Mailing Address:
1400 NW 13 AVE
POMPANO BEACH, FL 33069 US
FEI Number: 59-2821640
Nama and Addrass of Current Registered Agent:
SNYDER, SHAWN C
7931 S.W. 45TH STREET
DAVIE, FL 33328 US
FILED
Jan 26,2015
Secretary of State
CC0344444871
Certificate of Status Desired: Yes
The abov6 named entfly submits this statement forth9 PfH1Jose of ch8tlglng Irs reg/stared omoo Of ragist6red agent or both, In the Stat. of Florlcht.
SIGNATURE:
Eleclronlc Signature of Regislered Agent Dale
OfficarlDlractor Datall :
TIUe DIRECTOR, PRESID.ENT Tille DIRECTOR, SECRETARY
Name DETTOR, STEPHEN N Name DETTOR, TRIMMER B
Address 1400 NW 13AVE Address 750 NE 9TH AVENUE
Clty-8la\e-Zlp: POMPANO BEACH FL 33069 CIIy-5lal .. Zlp: POMPANO BEACH FL 33060
TItle DIRECTOR, VP Tille DIRECTOR, TREASURER
Name DETTOR, TODD M Name DETTOR, DAVID H
Address 1200 NE 3RO ST Address 702 NE 9TH AVE
Clty-Stata-Zlp: POMPANO BEACH FL 33060 CIIy-5talo·Zlp: POMPANO BEACH FL 33060
I her8by ctrtl& that the II1format1on IndJaated an 'his f5pOft or auPp/ementai report I. trw and IKlCUntfe Bfld ~t my e/eWcn/Q $lQntftUt8 ahaJI have the aama ,., etrecllts "msde undfl'
oath; that I am olin otr/cer ordll8Cfor 01 the to1poralfof/ or th$1VCfIwr or 'IUItee empowered 10 eKeM this report liB required by Chapter607, FlOtfda steM.s; and that my name eppUTt
above. DrOll an a/tachmllnt with all othl)l'/ike empowentd.
SIGNATURE: STEPHEN N. DETTOR PRESIDENT 01/26/2015
Eleclronlc Signalure of Signing OfficerlDlIlI.lor Ootall Dele
Member Name
Bid Number
Bid Name
2 Document(s' found for this bid
11 Planholder(s) found
Supplier Name
ABC Construction, Inc.
ACA Contractors, Inc.
ARAZOZA BROTHERS CORP
Construction Journal, Ltd.
Fast Dry Courts
GC Works Inc.
isqft -MAIN ACCT
link Systems LLC
McCourt Construction
Traffic Control Products of Florida, Inc.
Welch Tennis Courts, Inc.
City of South Miami
RFP-PR2015-29-G-2015/SK
Resurfacing Clay Tennis Courts
Address 1
7215 N.W. 7th Street
2100 North Andrews Ave Extension
POBOX 924890
400 SW 7th Street
1400 NW 13 Ave
2000 PONCE DE LEON BLVD SUITE 600
4500 lake Forest Drive
5870 Hummingbird Court
16155 sw 117 ave
5514 Carmack Road
P.O. Box 7770
City State Zip Phone Attributes
1. Hispanic Owned
2. Woman Owned
Miami FL 33126 3056630322
Pompano Beach FL 33069 9549743262 1. Hispanic Owned
HOMESTEAD FL 33031 3052463223 1. Hispanic Owned
Stuart FL 34994 8007855165
PomJlano Beach FL 33069 8004322994
Coral Gables FL 33134 3052063131
Cincinnati OH 45242 8772271680
Titusville FL 32780 4074010031 1. Small Business
Miami FL 33176 3052550252
Tampa Fl 33610 8136218484 1. Woman Owned
Sun City FL 33586 8002229095
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miamj·Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review
f/kJa Miami Review, a daily (except Saturday, Sunday and
legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI· RESURFACING CLAY TENNIS
COURTS -RFP #PR2015·29
in the XXXX Court,
was published in said newspaper in Ihe issues of
12/17/2015
Affiant further says that the said Miami Daily Business
Review is a newspaper published al Miami, in said
Miami-Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except SalUrday, Sunday and
Legal Holidays) and has been entered as second class mail
malter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement: and affiant
further says that he or she has nMher paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for
(SEAL)
MARIA MESA personally known to me