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Res No 132-18-15165RESOlUTION NO.: 132-18-15165 A Resolution authorizing the City Manager to purchase goods and services from Legacy Construction Services Group, Inc. DBA Pro Playgrounds for the supply, delivery, and install of a new playground shade structure at Brewer Park. WHEREAS, the City received a Community Development 810ck Grant (CD8G) award in the amount of $30,659 from Public Housing and Community Development (PHCD) of Miami Dade County; and WHEREAS, the grant agreement provides funding for installation of a new, fully covered shade structure over the existing tot-lot playground at Brewer Park. This grant does not require matching funds from the City of South Miami; and WHEREAS, city staff is proposing to remove the existing single post shade structure and install a 40'x40'xlO' ft., 4-post fabric shade structure over the existing pre-school (ages 2-5 years) playground structure; and WHEREAS, through the Procurement Division, the City's Parks and Recreation Department submitted a Request for Proposal ("RFP") #PR2018-09 on Wednesday, May 9, 2018 for the "Purchase and Installation of a Playground Shade Structure at Brewer Park;" and WHEREAS, the City received four (4) proposals; Bliss Products and Services' proposal was deemed non-responsive as they failed to include the required documents from PHCD. Therefore, Legacy Construction Services Group, Inc. D.B.A. Pro Playgrounds was the lowest bidder and is in compliance with the terms of the RFP; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to expend a proposal/contract amount not to exceed $27,400 for the purchase of goods and services from Legacy Construction Services Group, . Inc. DBA Pro Playgrounds for the supply, delivery, and install of a new playground shade structure at Brewer Park. The total expenditure shall be charged to the Parks and Recreation Capital Improvement-Miscellaneous account number 301-2000-572-6450, which has a balance of $301,616 before this request was made. Section 2: The City Manager is also authorized to expend an amount of $2,600 over the proposal/contract amount of $27,400 to account for any unknown factors that may arise .. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Page 1 of2 Res. No. 132-18-15165 Section 4: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 17th day of July, 2018. ATTEST: CITY ERK COMMISSION VOTE: 5-0 ON Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Page 2 of2 City Commission Agenda Item Report Meeting Date: July 17, 2018 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: CONSENT AGENDA Subject: Agenda nem No:2. A Resolution authorizing the City Manager to purchase goods and services from Legacy Construction Services Group, Inc. DBA Pro Playgrounds for the supply, delivery, and install of a new playground shade structure at Brewer Park. 3/5 (City Manager-Parks and Recreation) Suggested Action: Attachments: Memo-Playground Shade Structure (QP1).docx Reso-Playground Shade Structure.docx PHCD Award Letter.pdf Pre Bid RFP PR2018-09 5.24. 18. pdf Bid Opening Report.pdf Proposal Summary. pdf PRO PLAYGROUNDS RFP-PR2018-09.pdf DEMAND STAR RFP 2018-096.12.18.pdf Reference check -Legacy Construction.pdf Miami Daily Business Review.pdf Su nBiz -Legacy Construction. pdf 1 THE CITY OF PLEASANT LIVING To: FROM: Via: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Quentin Pough, Director of Parks & Recreation July 17, 2018 Agenda Item No.:~~ A Resolution authorizing the City Manager to purchase goods and services from Legacy Construction Services Group, Inc. DBA Pro Playgrounds for the supply, delivery, and install of a new playground shade structure at Brewer Park. The City received a Community Development Block Grant (CDBG) award in the amount of $30,659 from Public Housing and Community Development (PHCD) of Miami Dade County. The grant agreement provides funding for installation of a, new, fully covered shade structure over the existing tot-lot playground at Brewer Park. This grant does not require matching funds from the City of South Miami. The existing playground structure is completely exposed to the sun. City staff is proposing to remove the existing single post shade structure and install a 40'x40'xl0' ft., 4-post fabric shade structure over the existing pre-school (ages 2-5 years) playground structure. The proposed shade structure can withstand 100 mph wind load with the cover on and 150 mph wind load with the cover off. Integrating shade over the playground increases the life of play equipment, protects children from harmful ultraviolet rays, keeps equipment cool to the touch, and allows children to play longer without overheating. Through the Procurement Division, the City's Parks and Recreation Department submitted a Request for Proposal ("RFP") #PR2018-09 on Wednesday, May 9, 2018 for the "Purchase and Installation of a Playground Shade Structure at Brewer Park." The City received four (4) proposals; Bliss Products and Services' proposal was deemed non- responsive as they failed to include the required documents from PHCD. Therefore, Legacy Construction Services Group, Inc. D.B.A. Pro Playgrounds was the lowest bidder and is in compliance with the terms of 2 THE CITY OF PLEASANT LIVING VENDDRS& BID AMOUNT: EXPENSE: FUND& ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM the RFP. City staff consulted with the contractor's references as to hands on experience and received positive feedback. This project can be completed within the awarded grant budget of $30,659 dollars. Please find below a breakdown of all submitted proposals/bids. VENDORS BID AMOUNT Bliss Products & Services $26,973.18 -NON-RESPONSIVE PRO PLAYGROUNDS $27,400,( ADVANCED RECREATIONAL CONCEPTS $30,000 SGA MANAGEMENT, INC. $38,000 Proposal/contract amount shall not to exceed $30,000. To account for any unknown factors that may arise, a $2,600 contingency over the proposal of $27,400 is requested. The vendor will receive a purchase order in the amount of $27,400. The total expenditure shall be charged to Parks & Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of $301,616 before this request was made. Resolution PHCD Award Letter Pre-Bid Conference Sign-In Sheet Bid Opening Report Proposal Summary Pro Playgrounds Proposal Pro Playground References Demand Star Results RFP Advertisement SunBiz -Pro Playgrounds 3 July 2.8,2017 Mr. Steven Alexander, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 CD Public Housing and Community Deveh:>pment 701 NW 1 st Court, 16th Floor Miami, FL 33136-3914 T 786-469-4100 • F 786-469-4199 miamldade.gov RE: FY 2017 Funding Reallpcation Rec.ommendations Dear Alexander: Congratulations! On July 18. 2017, the Board of County Commissioners (BCC) approved the an Amendment to the Public Housing and Community Development's (PHCD) FY 2008-2012 and FY 2013-2017 Consolidated Plans Funding Recommendations, for the Community Development Block. Grant (CDBG) and HOME Investment Partnerships (HOME), programs, The following activity was approved for your agency: Resolution No.: Activity Title: category: Source: Approved Amount: R-762-17 Playground Shade Structure -Brewer park PUbl.ic Facilities & Capilallmprovements COBG $30,659 Please be advised that prior to any expenditure of CDBG or HOME, funds, Public Housing and Community Development (PHCD) must issue an environmental clearance by the United States Department of Housing and Urban Development (U.S. HUD) to your agency, To initiate this process, please complete the attached Environmental Review form and bringil with you to the workshop.· Also. please find sample scope and budget, which is a guide to assist you in completing your scope and budget Additionally, you are required to attend a mamjatory contract development workshop, on Friday. August 11. 2017, as outlined in the enClosed notice. Your assigned Project Manager is Maritza Zuaznabar, who can be reached at (78p) 4p9-2210, In an effort to initiate the contract preparation and execution process, please bring the items needed to complete your budget and scope at the workshop. If you have any questions, please contact Clarence Brown at 786-469-2258. Sincerely, (7 '\ L;LS/Cz... ____ _ Michael Liu Director Enclosures c: Clarence Brown, Division Director, PHCD Project Management File Date: RFP Title: RFP No.: 11 .~ South rMiami THE CITY OF PLEASANT LIVING Pre-Bid Conference Sign-In Sheet May 24, 2018 Purchase and Installation of a Playground Shade Structure at Brewer Park PIU018"09 X:IPurchasinglRequest for Proposals & Qualification (RFPs)12018 Brewer Park Shade StructurelPre bidlPre-Bid Meeting Brewer Park Shade Structure 5.24.18.doc 7 I , t :J I j 'J 4 I I I \ (COlm.ECTED) BID OPENING REPORT Bids were opened on: Tuesday, June 12,2018 . nfter: 10:OOam I"or: RFP # I'l{ 2018-091'1Irchase & Insta\l()fPlaygroulld Shade Structure @, Brewer I'k 1--------------------'- i J. BLISS PRODUCTS & SERVICES ......... " ,., ".,.,' "., ,." , ..... , .. , 2. SGA MANAClEMENT, INC",,, ".,,"" , .. ,."".,,' "" ....... , , .. ," :!Log, OM, btl ], ADVANCED RECREATIONAL CONCEPTS"", .. "" .. , ... , .. , ,.. . SO,Ooo,aD 4, PRO PLAYGROUNDS, .. , .. ' .... , .... " ...... , .... ,,,', .. , ... ,' ,,, .. ' ,.... "fi&I,'-Ioo.OD .. ,.... -.. _----_. TIm ABOVK BIDS IlA VI~ NOT BEEN CHECKED. THE BIDS ARE SUB.JECI' TO CORRECTION AFTER THE llIDS HAVI,;'UlmN COMPLETELY RlwmWED. Maria M. Menendez City Cieri" ___ . ___ .. _. _________ _ Print Name / I Witncss=1t2l;n Wc!?5'/~L Print Name /J Witness: S'~eVUL. (cfl ___ _ Print Name 8 CITY CLERK SOUTH MIAMI CITY HALL 6130 SUNSET DRIVE " SOUTH MIAMI, FL 33143 FROM: Paul AdrianeB LegBcy Construction Services 1563 Cspilel Circle SE TALLAHASSEE FL 32301 PURCHASE AND INSTALLATIOI\ PLAYGROUND SHADE STRUCTUf BREWER PARK SHIP DATE' 30MAY!. ACTWGT: 2.80 LB CAD: 11204090S/WSXl3300 DIMMED: 13 ~ 11 X 4 IN BILL SENDER RFP# PR2018-09 ~-----------'------- TO City Clerk South Miami I~ity Hall 6130 SUNSET DR TRKU 7811 84334440; -.. _,---,------------._-- ,--_'_--:-~-~"~-' 9622 01119 !l (Olm!! 0110 0(00) II 110 7811 8433 4440 [p rn m[p~ffiI1ffimffiW~fD$;1 TI7E Play (.~ Recreat~on Experts 9 LEGACY CONSTRUCTION SERVICES G INC Bidder Bid Price BREWER PARK SHADE STRUCTURE RFP PR2018-09 NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER Public'Entity Bid Non COli., Crimes and Drug'free:', "OSHA~ . I Form Affidavit C~nfli$ of Workplace Stds Coj:Jles; 1 Digital) , ' Interest Bid P~ckage' (10rg; 3 Presentation Proof Dec of Ins I Signed Contract ~itfi OrIg,ina', I COBG .DO~'S Sun Biz I*Bliss ,:' / ; ,-,-, >, PRODl!CTS;$26,973 /< NfA« 1« legacy Construction DBAPro Playgounds ARC SGAMGMT PLAYS PACE $27,400 x x $30,000 x x $38,000 x x x x x x x x x x x x x x x x x x x x x x NfA NfA x x x x x x x NfA x x x x x x x x x INSTALLER FOR ARC NOTE: BLISS OMITIED THE PUBLIC HOUSOING & COMMUNITY DEVELOPMENT DOCUMENTS IN THEIR SUBMITIAL AND ARE THEREFORE NON-RESPONSIVE. x x x 10 South~Miami ".' "" ," ,",' CITY OF SOUTH MIAMI PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK RFP PR2018·09 SUBMITTAL DUE DATE: June 12.,2018 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid) to "City" shaH be a reference to the City Manager, or the manager's deSignee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PR20 18-09 uPurchase and Installation of a Playground Shade Structure at Brewer Park." The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope" of Services, (Exhibit I, Attachment A, & 8) and Respondent's Cost and Technical Proposal, or the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). The project is funded through a federal grant, Community Development Block Grant, (CDBG) through Miami-Dade County. Respondents must comply with the COSG requirements; refer to Exhibit 4 UAttochment A To Bid Package.'J Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the City Clerk's office Monday through Friday from 9:00 a.m. to 5:00 p.m. or by accessing the follOWing webpage: http://www.southmiamifl.gov! which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Purchase and Installation of a Playground Shade Structure at Brewer Park:' RFP #PR20 18- 09 the name of the Respondent person or entity responding to the Solicitation. Special envelopes such as those prOVided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 AM local time (the "Closing Date") on June 12,2018. A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10:00 a.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. Hand delivery must be made Monday through Friday from 9 AM to 5 PM, unless a different time is provided above for the Closing Date, to the office of City Clerk. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive, South Miami, FL 33143 on May 24, 2018 at 10:00 a.m. The conference shall be held regardless of weather conditions. Proposals are subject to the terms. conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this Solicitation Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all I 11 PROPOSAL SUBMITTAL CHECKLIST FORM PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK RFP PR2018-09 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitatiO,n requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response shall include the following items: Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. X Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I) digital (or ____ comparable medium including Flash Drive, DVD or CD) copy X x X X X X Indemnification and Insurance Documents EXHIBIT 1 Construction Bid Form. EXHIBIT 3 CDBG Federal Grant Requirements, EXHIBIT 4, "Attachment A to Bid Package" Signed Contract Documents (All -including General Conditions and Supplementary Conditions if attached) EXHIBIT 5,6, & 7 Respondents Qualification Statement List of Proposed Subcontractors and Principal Suppliers X ____ Non-Collusion Affidavit X ____ Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X ____ Acknowledgement of Conformance with OSHA Standards X ____ Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation x x x x x x x x x x x x x Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. Thomas F. Pepe 12/1412016 END OF SECTION 14 12 RESPONDENT QUALIFICATION STATEMENT PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK RFP PR2018-09 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I, Number of similar projects completed, a) b) In the past 5 years In the past 5 years On Schedule In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time 200 195 375 365 Karis Village Playground Jaxi Builders 1629 NW 84th Ave, Doral, FL 33126 305-599-0700 (Days): _8=-___________ _ Thomas F. Pepe 12114/2016 b) c) Original Contract Completion Date: 02/12/2018 Actual Final Contract Completion Date: _-'0'.:2::.c/_'1~2,.1_=2 __ 0_'1.::8'____ _________ _ Original Contract Price: 104000 Actual Final Contract Price: 104000 Project Name: Renissance Charter of Central FL Owner Name: Summit Construction Owner Address: 421 Summerlin Ave, Orlando, FL 32801 Owner Telephone: 267-331-4882 Original Contract Completion Time (Days): _"-6 ____________ _ Original Contract Completion Date: 03/26/2018 Actual Final Contract Completion Date: 03/26/2018 Original Contract Price: 56,000 Actual Final Contract Price 56,000 Project Name; Creekside Charter Shchool 15 13 Thomas F, Pepe 12/14/2016 d) e) Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 16 Ryan Companies 201 N, Franklin St, Tampa, FL 33602 813-204-5000 6 04/07/2018 04/06/2018 38,000 38,000 Nelson Shade Structure Hillsborough County 601 E, Kennedy Blvd, Tampa, FL, 33602 813-272-5790 14 05/25/2018 04/23/2018 122,000 122,000 Summerfield Shade Structure Hillsborough County 601 E, Kennedy Blvd, Tampa, FL 33602 813-272-5790 8 05/25/2018 0510512018 66,000 66,000 14 3. Current workload Project Name Owner Name Telephone Number Contract Price Academy of Early Learning Southern District Church 913-616-6164 70,000 Newberry Corners M3 Development 407 -970-8383 27,000 Citrus Isles Cassidy Homes 863-528-2024 20,000 Berkeley Clubhouse GL Homes 954-753-1730 42,000 Dakota Club House GL Homes 954-753-1730 77,000 Place of Hope Place of Hope 561-775-7195 36,000 Wesley Chapel District Pasco County 727-847-2411 72,000 Pinapple Cove Academy Summit Construction 267-331-4882 56,000 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations. b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: Ust other Government Agencies or Quasi-Government Agencies for which you have done business within the past f,ve (5) years. Thomas F. Pepe 1211412016 Name of Agency: City Of Bonita Springs Address: 9101 Bonita Beach Road, Bonita Springs, FL 34135 Telephone No.: __ 2"'3"'9 __ -9,,4 ___ 9 __ -6__,2'''62=-__________ _ Contact Person: -'J"'a"'s"'o"n-"J"'a"'cc"'a,.,r"in"'o'-__________ _ Type of Project: Playgrounds and Shelters 17 15 Thomas F. Pepe 12/14/2016 Name of Agency: Leon County Schools Address: 2757 W. Pensacola Street Telephone No.: --"8""50'----4...;8"'7...;-7'-'1-"-0"-0 __________ __ Contact Person: --'-A"'lis"'o"-n'-'G ... a,.,r"-be"'r __________ _ Type of Project: Playgrounds, Shades, Surfacing Name of Agency: Hillsborough County Address; 601 E. Kennedy Blvd, Tampa, FL 33602 Telephone No.: --"'8'-'1..::3--'-2"--7 .. 2"----.::5:.:.7..::9..::0'--________ _ Contact Person; Chuck Plante ~~~~~'--------------------- Type of Project: Shade Structures 18 16 Key Personnel Alana Adrianse, President Alana serves at the helm of our organization, she is a college graduate with a bachelor's degree in Business from Flagler University. Alana joined our team in 2014 and recently took the role as president. Her area of expertise is managing the office teams and sales staff. Paul Adrianse, Vice President Paul Adrianse serves as Vice President of our company and Qualifier. Paul has been involved in the construction industry for 12 years and was the. founder of our organization. Forthe last ten years he has helped to build our organization and is in expert in all phases of design and construction for playgrounds, parks, shades and surfacing systems. Joy Williams, Account Executive Joy Williams is our Senior Account Executive, she manages the day to day operations in the sales department. Joy studied Bus·,ness and Marketing. Joy has been a sales professional her entire adult life and has become an expert in her field. Sterling Gillis, Account Executive Sterling Gillis is one of our Account Executives, she works closely with new and existing clients on the sales side of our organization. Sterling is a college graduate with a Bachelor's Degree in Arts. Sterling has been a sales professional her entire adult life and has become an expert in her field. Charles Graybill, Superintendent An Army Veteran, Charles Graybill heads the installation side of our operation. He has over 20 years of experience in the construction industry and has been managing installations of playground equipment and shade structures for the last 12 years. Manuel Coronado, Installation Team Manuel Coronado has been working in construction for the last 18 years of his life, with an emphasis on structural concrete. He has become an expert installer of playground equipment and shade structures. Hector Coronado, Installation Team Hector Coronado has been working in construction for the last 18 years of his life, with an emphasis on structural concrete. He has become an expert installer of playground equipment and shade structures. 17 +-"-o ...c: U c o += o N C o 0) "-o 1------------------------~-------- 18 -... o oJ: U c o 0';: o N 0-c o 0> ... o -u <Ll 0-o ... 0... 19 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK RFP PR20 18-09 Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification ofWorl< Subcontractor Name Address Telephone, Fax & Email Landscape NA Excavation NA Debris Hauling NA Other: NA ALL SCOPES SElf PERFORMED L0~)t:: (ej"' ........ 101 f. 0·'-1:. eel' ., L.I---t< t'r-j /~~ ,\-~~ ,<'It',,or C>" k li" ,II~ (~'l---'1<-,\\1 \-""'",,""(v--r~', I P,'~~> . This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. Thomas F. Pepe 1211412016 END OF SECTION 19 20 NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE Paul Adrianse _______________________ being first duly sworn, deposes and states thac (I) He/ShefThey islare the _::-O_w_n_e_r ___ -c-_--:---:-_____________ _ (Owner, Partner, Officer. Representative or Agent) of Legacy Construction Services Group Inc, DBA Pro Playgrounds --:--:-----;-;:-__ -,---______________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded. conspired, connived or agreed,-directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Pro posal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on he part of the Respondent or any other of its agents, representatives, owners, employees or partie f interest, including this affiant. Signed, sealed and delivered in the presence of: By: --l+-"L,---,~",--_·_----· __ Signatur Paul f>.drianse, Vice President Print Name and Title 05/23/2018 Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the day of , 20 ___ , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) ! and whose name(s) is/are Subscribed to the within instrument, and he/shelthey acknowledge that he/sheh:hey executed it. WITNESS my hand and official seal. Thomas F. Pepe 12114/2016 21 NOTARY PUBLIC: SEAL OF OFFICE: Thomas F. Pepe 1211412016 21 Notary Public. State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. 22 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the proY'lsions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub~contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida' State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to City of South Miami [print name of the publiC entity] by Paul Adrianse, President [print individual's name and title] for Legacy Construction Services Group Inc, DBA Pro Playgrounds [print name of entity submitting sworn statement] whose business address is 8490 Cabin Hill Road Tallahasee, FL 32311 and (if applicable) its Federal Employer Identification Number (FEIN) is 27-1850232 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ----------------.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal Jaw by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involVing antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or.material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, 4. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of gUilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-Jury trial, or entry of a plea of gUilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of eqUipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been Thomas F. Pepe 1211412016 22 23 convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transaCts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true In relation to the entity submitting this sworn statement. [Indicate which statement applies.] ~ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ ~ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners. shareholder·s, employees, members, or agents who are active in the management ofthe entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ ~ The entity submitting this sworn statement, or one or more of its officers, directors. executives. partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged With and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING IN A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA ST TES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this _____ day of _-'-_.ll_'-________ " 20_._. Personally known _____ ~ ______ ~ OR Produced identification ________ _ (Type of identification) Form PUI'. 7068 (l'.ev.06/1 1/92) Thomas F. Pepe 12114J2016 23 Notary Public -State of_-'-_____ _ My commission expires ___ ------,--- (Printed, typed or stamped commissioned name of notary public) .•..• ,'.;;: .... ")3'.'f-.. '"",. JOY WILLIAMS {;{.o:. '';:} MY COMMISSION # GG 117393 .. :,:~q.::'" EXPIRES: June 21,2021 •••• ,,',.,.. Bonded Thru Notary PUblic Underwriters 24 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation. and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee snail abide by the terms of the statement and shall notify the employee of any conviction of, or plea of gUilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith e rt to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign t statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: ----11~-'-<'--~---------- Print Name: Paul Adrians Date: Thomas F. Pepe 12114/2016 0512312018 24 25 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI Legacy Construction Services Group Inc, DBA Pro Playgrounds We, , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the Purchase and Installation of a Playground Shade Structure at Brewer Park as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations. and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): such act or regulation. BY:~~~~~~ ____________ __ Name Vice President Title Thomas F, Pepe 1211412016 Witness 25 26 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: t-1ttp://www.dll1$,myfloncj;1.COln/bu5IrlCSS_opc!"(\(lonsist{\cc-purchaslng/vel1dor _Informat,on/convictcd_susp ended _ d iSCntnJniltory _ cOlnpl<lH1 t~ _vendor_liS lS DECLARATION UNDER PENALTY OF PERJURY I, Paul Adrianse (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct: (I) I represent the Respondent whose name is Legacy Construction Services GrouP. Inc, DBA Pro Playgrounds. (2) I have the following relationship with the Respondent Owner (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited liability Company). (3) I have reviewed the Florida Department of Management Services website at the follOWing URL address: http://www.dms.myt1orida.com/business _ operat"lons!state _p u rchasing/ven do r _informatio n/convicted _ suspen ded ~ di scriminatory_ complaints~ vendor_lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor list Federal Excluded Parties list Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Paul Ad' By: --!7"---co:-;--.,----- ACKNOWLEDGEME ) STATE OF FLORIDA COUNTY OF MIAMI-DADE ) On this the __ day·of __ -",-~ ___ , 20 ___ , before me, the undersigned authority, personally appeared I . , ! who is personally know to me or who provided the following identification and who took an oath or affirmed that that helshelthey executed the foregOing Affidavit as the Declarant. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL """'~;"""'''''''"''''''''!"",,"'''''---ii;;;;;;-;;rr~;;F~~.j;;' j,:;' t,""""-If ....... ame of Notary Public: Print, "'~of.:v.'!l!~ JOY WllLtM1S Thomas F. Pepe 12114/2016 f:f·~·\:\. MYCOMMISSION#GG117393 amp or type as commissioned.) ;~~~;~l EXPIRES: June 21,2021 ····~~,r.~.··· Bonded Thru Notary PubUc Undel'llTlters 26 27 RELATED PARTY TRANSACTION VERIFICATION FORM Paul Adrianse , individually and on behalf of Legacy Construction Services Group Inc ("Firm") have Nome of Representative ComponylVendoriEntity read the City of South Miami ("City")'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalty of perjurY that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, and/or the Firm, am (are) about to perform for, Of to transactwith, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm. nor anyone who has a financial interest greater than 5% in the Firm. nor any member of those persons' immediate family (i.e .. spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest. direct or indirect, in any business being transacted with th~ city. or with any person or agency acting for the city. other than as follows: b!lf>,- _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and I (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest. directly or indirectly. in the contract between you and/or your Firm and the City other than the followi'ng individuals whose [nterest is set forth following their names: ________________________ _ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members" who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (-,1\ 1"1: (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not reqUired to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City. to secure a special privilege, benefit, or exemption for ourselves, or. others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any boar:d\ commission or agency of the City Within the past two years other than as follows: \\\ 11 (if Thomas F, Pepe 12114/2016 27 28 necessary, use a separate sheet to supply additional information that will noc fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:IPurchasingIVendor ReglStrationl 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM (3).docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission,; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: \-J \ \f':r (if necessary. use a separate sheet to supply additional information that will nm"fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is' publicly traded, the statement in this section (7) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected offlcials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents. children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e, spouse, parents, children, brothers and Sisters) have also responded, other than the following: ~\~ ~ necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement.in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. _ (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form. may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine' and/or any penalties allowed by law. Additionally, violations may be considered by and subject to ac' n by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diJ" t effort to investigate the matters to which I am attesting hereinabove and that the statements made hereina e are true and correct to the best of my knowledge, information and belief. Signature: -i+--~--------- Print Name Title: Paul Adrianse ~~~~---------- Date: 05/23/2018 Thomas F. Pepe 12/14/2016 28 29 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, Paul Adrianse declaration under penalty of perjury: , makes the following Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. TITLE Joy Williamse Account Executive Paul Adrianse Vice President Alana Adrianse President For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Si nature of presentative P ul Adrianse, Vice PreSident Print Name and Title Thomas F. Pepe 1211412016 Legacy Construction Services Group Inc Print name of entity being represented END OF SECTION 33 30 EXHIBIT 3 PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK THIS PR.OPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 RFP PR2018-09 CONSTRUCTION BID FORM I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A, & B) for the Proposed Price as set forth below. within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of ProposalfBid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening, The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted. within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. ALL Dated: b. Respondent has' familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has studied carefully all reports and drawings. if applicable, of subsurface' conditions and drawings of physical cond'itions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement 'those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, shall not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, 31 explorations, tests, reports and studies with the terms and conditions of the Contract Documents. Thomas F. Pepe 12114f20 16 46 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Faci[ities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City wr'rtten notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other R.espondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values, if required, is prOVided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders, The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal Price. If thi's Solicitation requires the completion of a Cost and Technica[ Proposal as may be set forth in in an exhibit to this Solicitation, such proposal must be attached to this Construction Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: Twenty Seven Thousand Four Hundred and Zero ($27,400) LUMP SUM BASE PRICE: dollars and cents Alternates: #1 NA #2 NA A fee breakdown for each task included in the lump sum contract price, if applicable, must be prOVided. Failure to prOVide this information shall render the proposal non-responsive. 5. The ENTIRE WORK shall be completed, in full, within 60 calendar days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liqUidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT Address: Telephone: Facsimile: Contact Person Legacy Construction Services Group Inc, DBA Pro Playgrounds 8490 Cabin Hill Road, Tallahassee, FL 32311 800-573-7529 850-328-0341 Paul Adrianse 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as IS assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. ThomM F. Pepe 12/14/2016 47 32 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this CO'nstruction Bid Form, and are made a part of this proposal, by reference. 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e~mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct to the best of my knowledge, information and belief. SUBMITTED THIS 24th DAY OF M""a:<-y ________ _ 20~ PROPOSAL SUBMITTED BY, Construction Services Grou Inc e President Title Thomas F. Pepe 12114/2016 thoriz Submit Proposal 800-573-7529 Telephone Number 850-328-0341 Fax Number info@proplaygrounds.com Email Address END OF SECTION 48 33 CERTIFICATION OF RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project SHADE INSTALLATION -BREWER PARK -CITY OF SOUTH MIAMI IN,m, 01 "oj,,,) Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the contents of U.S. Department of Labor requirements, particularly the requirements contained in Wage General Decision Number FL180221. MOD#2. 03/16/2018 - HIGHWAY that is applicable to this project. I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United States Department of Housing and Urban Development and described in Form HUD-4010 and those requirements contained in Wage General Decision Number: FL180221. MOD#2. 03/16/2018 -HIGHWAY for this Project. Agency Name: Employer 10 #/FID #: Legacy Construction Services Group I 27-1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road. Tallahassee. FL 32311 Authorized Signature: Print Name: Date: 05/23/2018 Check one, as applicable: xx Contractor Subcontractor Other () I Page 7 of 55 S6 Title: I Owner 34 NON COLLUSION AFFIDAVIT STATE OF: COUNTVOF: __________________ ___ _ -' __ ~_'_ __ _'_~~ ___ ~, being first duly sworn, deposes and says that Legacy Construction Services Group (1) He/she is Owner of , the Bidder that has submitted the attached Bid. (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through advantage against the City of South Miami (Local Public Agency) or any person interested in the proposed contract; and (5) The price or prices quoted in the attached Bid are fair an collusion, conspiracy, connivance or unlawful agreeme its agents, representatives, owners, employees, or par I proper and are not tainted by any n the part of the Bidder or any of ~this affiant. (SIGNED) __ -j-________ _ Vic President Title Subscribed and sworn to before me this ____ day of , 20 __ ~ ___ ',I My commission expires: ~~ __ _ ~'1.i't.~~~~ JOY WillIAMS f.f"l;r.\.\ lAY COMMISSION # GG 117393 ,:1.~~<J EXPIRES: JUM 21, 2021 #~:tlff.f~~~ BoMed Thru!«l1My Public ur.derwrtlln Page 14 of 55 63 35 OTHER REQUIRED CERTIFICATIONS A EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has _, has not 2L-, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has _, has not x_ filed all required compliance reports; and that representations indicating submission of the required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. IThe above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) For Contracts not subject to Executive Order 11246: In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color religion, sex, or national origin. Such action shall include, but not limited to, advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forthe provisions of the nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin. For Contracts who are subject to Executive Order 11246, see page 40-41 B. AFFIRMATIVE ACTION The bidder represents that he has ( ) has not ( ), participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has not ( ) developed a written affirmative action compliance program for as required by the rules and regulation of the Secretary of Labor (41CFR 60-1 and 60-2); it has not _x __ previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor; that he has ( ) has not (), filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to contract and/or subcontract award. C. COPELAND ANTI-KICKBACK By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled "Anti-Kickback Procedures" as stated in 24 CFR part 85.36 as follows: Page 21 of 55 70 36 All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. ~y submission of this bid, the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. D. FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT, STATE OF FLORIDA, OR MIAMI- DADE COUNTY ATTIME OF AWARD. This certification applies to a contract or subcontract in excess of $25,000 By submission of an offer, the bidder certifies that it has provided full disclosure in writing to City of South Miami (name of implementing agency) whether as olthe anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred, or proposed for debarment by the Federal Government, State of Florida, or Miami- Dade County. By commencing performance of the Contract work, the selected contractor certifies that it has made full disclosure in writing to South Miami (name of implementing agency) as to whether as of the time of award it or any of its principals is debarred, suspended, or proposed for debarment by the Federal Government, State of Florida, or Miami-Dade County. E. NONDISCRIMINATION CLAUSE Section 109, Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109, Housing and Community Development Act of 1974. F. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non-discrimination on the Basis of Age No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. Page 22 of 55 71 37 G. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Noncdiscrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. H. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION PROSPECTIVE TIER AND/OR LOWER TIER TRANSACTIONS By submission of the document, the prospective tier and lower tier participants certify, that: 1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction, by any Federal department or agency. a. Have not within a three·year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or 10c"l) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; b. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and c. Have not within a three·year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 2. Where the prospective tier or lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Agency Name: Employer 10 #/FID #: I Legacy Construction Services Group I 27·1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road Tallahassee, FL 32311 Authorized Signature: Print Name: Paul Adrianse Date: I 05/23/2018 Check one, as applicable: X Contractor Title: Vice President Subcontractor Other Page 23 of 55 72 38 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 8490 Cabin Hili Road, Tallahassee, FL 32311 Check 0 if there are workplaces on file that are not identified here. Agency Name: Employer 10 #/FIO #: I Legacy Construction Services Group I 271850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hili Road, Tallahassee, FL 32311 () Authorized Signature: Print Name: Title: I Paul Adnanse I Vice PreSident Date: I 0512312018 Check one, as applicable: X Contractor Subcontractor Other Page 25 of 55 74 39 8. Noth ing contamed in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, mcluding suspension and/or debarment. Agency Name: Employer ID #/FID #: I Legacy Construction Services Group I 27-1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee. FL 32311 () (!~. Authorized Signature: Print Name: Title: Paul Adrianse I VP Date: 11-°_5_/2_3/_20_18 _________ -' Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 27 of 55 76 40 10) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and is committed to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era. 11) The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. Agency Name: Employer 10 #/FID #: I Legacy Construction Services Group I 27-1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 () Authorized Signature: /~ Print Name: Title: Paul Adrianse I VP Date: I '-0_51_23_12_01_8 _________ --' Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 30 of 55 79 41 the Deputy Assistance Secretary for Federal Contract Compliance Programs may d',rect to enforce such provisions, including action for non-compliance Agency Name: Employer 10 #/FID #: I Legacy Constru,ction Services Group I 27-1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 Authorized Signature: Print Name: Title: Paul Adrianse I VP Date: I 0512312018 Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 32 of 55 81 42 by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Agency Name: Employer 10 #/FID #: I Legacy Construction Services Group I LI ___ 2_7_-_1_85_0_2_3_2 ________ -' Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 ~ ~ , l./' ~ Authorized Signature: Print Name: Title: Paul Adrianse , I I VP Date: "'1°""51""23"'12"'°.:.018'--________ -' Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 42 of 55 91 43 CERTIFICATION OF NONSEGREGATED FACILITIES 1. "Segregated facilities," as used in thIS provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit} local custom , or otherwise. 2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid, the bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will: a. Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files; and c. Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed su bcontractors. d. By commencing performance of the Contract work, the selected contractor certifies to the Nonsegregated Facilities provisions above. Note: The penalty for making false statements in offers is prescribed in 18 usc. 1001 Agency Name: Employer 10 #/FID #: I Legacy Construction Services Group I LI ___ 2_7_-1_8_5_0_2_3_2 ________ --1 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311;//1 Authorized Signature: Print Name: Title: Ir"u,~~ ___ l I VP ~Adrianse . Date: I 0512312018 Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 43 of 55 92 44 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON SEGREGATED FACILITIES A Certification of Nonsegregated Facilities, as required by the May 9,1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, annually). Note: The penalty for making false statements in offers is prescribed in 18 usc. 1001 Agency Name: Employer 10 #/FID #: I Legacy Construction Services Group I 27-1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 !J Authorized Signature: Print Name: Title: Paul Adrianse II I VP Date: L_----'o~5{.f,,23~/2""01!l!8 ______ ~1 Check one, as applicable: x Contractor ___ Subcontractor Other Page 44 of 55 93 45 NOTICE OF REQUIREMENT CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations ofthe Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of $150,000, agree to the following requirements: 1. Any facility to be utilized in the performance of this proposed contract has ( ), has not ( ) been listed on the Environmental Protection Agency List of Violating Facilities; 2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 ISC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; 3. The contractor or any of its subcontractors agree that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency (EPA) indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities; and 4. The Contractor or any of its subcontractors agree that he will include or cause to be included the criterra and requirements in paragraph 1 through 4 of this section in every nonexempt sub-contract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. 5. The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act of 1970 (42 USc. 1857 et seq.) and the Federal Water Pollution Control Act (33 USc. 1251 et seq.) as amended and with the Lead-Based Paint Poisoning Prevention Act (Public Law 91-695). All applicable rules and orders of the Federal Government issued there under prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors, and assignees. Violations by contractors will be reported to the U.S. Department of Housing and Urban Development and the Regional Office of the Environmental Protection Agency. Agency Name: rE~m~p~lo~y~e~r~ID~#~/~F~ID~#~: ______________ ~ I Legacy Construction Services Group LI_2_7_-_1_8_5_0_23_2 ______________________ ---J Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 3231:1 ~ Authorized Signature: ~ ____ +-G. ____ / __________________________________ _ Print Name: Title: Page 45 of 55 94 46 ~_.ia_n_s_e ____________________ ~ VP Date: 0512312018 Check one, as applicable: --X---Contractor ______ Subcantra ctar ______ other Page 46 of 55 47 95 SWORN STATEMENT PURSUANT TO SECTION 287.133 (31 lal FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to _"'Cllit'l..y-"o"-f"S"O"'Ullth!..M!Y!Jjiaamui'-__________ _ by Paul Adrianse (Print individual's name and title) For LegacyConslruction Services Group Inc (Print name of entity submitting sworn statement) whose business address 8490 Cabin Hill Road Tallahassee. FL 32311 and if applicable its Federal Employer Identification Number (FEIN) is27-1850232 If the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement. 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "Affiliate" as defined in paragraph 287.133(1) (a). Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime, or Page 47 of 55 96 48 b) An entity under the control of a ny natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) xx Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND Page 48 of 55 97 49 THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRA IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES R A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this ____ day of _'c.... __ '-____ , 20 __ . Personally known ____________ -'-___ -2.. ___ '--____ _ Or produced identification ________ _ Notary Public-State 01 ____ '--_ (Type of identification) JOY WILLIAMS MY COMMISSION # GG 117393 EXPIRES: June 21, 2021 My commission expires,_~ ___ _ or stamped commissioned name of notary public) Page 49 of 55 98 50 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Agreement To Authorize Examination of Records and Adhere to Records Retention Requirements The undersigned agrees to the stipulations noted below for all work, materials, and services provided under this agreement dated 05/23/2018 andlor for all other third-party agreementslcontracts for labor, materials, and services related to the work covered by this agreement for the Brewer park ShadesManliel Coronado has ~~~ViI~onstruction for the last 18 years of his life, With an emphaSis on structural concrete. I has become an expert installer of playground equipment and shade structures. Manuel Coronado has been working in construction for the last 18 if~I(j(l~~I~~fJIhIl/Ip~Illll~OII,sI!tJdlA\ll~~rf<llallir1EleaJh~\lI~~_liIIl;tilIIGPaI~dIln!l~~Ii~cWilhMlWlhtructures. Dade County, the Department of Housing and Urban Development, or Comptroller General of the United States, or any of their duly authorized representatives shall, have access to and the right to examine any of the following records from the awardee, sub-recipient, developer, contractor, subcontractor, suppliers andlor any other entity involved in any capacity in the above-referenced project/activity, for seven (7) years after final payment under contract. Records shall include, but are not limited to, the following: Contracts, sub-contracts, audits, financial books, ledgers, copies of canceled checks (front and back), wire transfer confirmations, payment requests (draws), invoices, receipts, drawings, maps, pamphlets, designs, electronic tapes, computer drives and d'lskettes, other media storage, pertinent books, documents, papers, or other records~ whether physical, electronic, or in any form--involving transactions related to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. The awardee, sub-recipient, developer, contractor, SUb-contractor, SUb-tier, suppliers and or any other entity involved in any capacity in the above-referenced project shall adhere to the following records retention requirements: a) Maintain, and require that its sub-contractors and suppliers maintain complete and accurate records to SUbstantiate compliance with the requirements set forth in the contract/agreement documents for this project. b) The undersigned shall retain such records, and all other documents related to the services and materials furnished for this project, for a period of three (3) years from the completion of the activity or project. Other information: a) The County may conduct unannounced visits to offices, satellite offices, work sites, supplier warehouse, etc. of all entities involved in any capacity in the above-referenced project. b) Pursuant to the contract, there may be additional records requirement not listed in this agreement. Employer ID #/FID #: I I ega V Coostwctjbn Services GmIJP I 27-1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 () ~/ " -------Signature: "---- Print Name: Date: Paul Adrianse I I 0512312018 I Title: VP Check one, as applicable: _ Developer _x _ Prime-Contractor _ Sub-contractor or sub-tier sub-contractor Page 50 of 55 99 51 Date Description Proposal # 5/16/2018 SOLAR SHADE STRUCTURE HIP DESIGN 10463.904451 7050 101 56.57 I Jl~O.~==-40--= I+i' 40 40 ~~~-------------------... ,',: ........ . .... : " Base Plate 20 x 20 x 1 • 'Square Feet = 1600 4.7 X 4.7 X 3 --Reinf. 6-#5 EW Reebar Total: 0 -# 5EW Footer Multiple caps Concrete Total: 9.82 Cy TYPICALLY FOOTER SIZE SHOWN, ACTUAL FOOTER WILL VARY BASED ON LOCAL SOIL CONDITIONS AND APPLICABLE CODES. QTY Rows 1 L W H DESCRIPTION 1 1 Dome 40' X 40' X 10' SOLAR SHADE STRUCTURE HIP DESIGN 4 COLUMNS ON BASE PLATES POWDER COATING COLUMNS & HOOPS STEEL COLOR: TO BE SELECTED FABRIC COLOR: TO BE SELECTED Design by Design for CREATIVE RECREATIONAL SYSTEMS PAUL STANFEL (916) 638 Fax: (916) 638-5427 150 Adamson Industrial Blvd, GA 30117 Tel :888-829-8997 Fax: 770 834-6495 www.superiorshadeinc.com Email: Sales@superiorshadeinc.com 52 ,44 '. ['SHADE SHADE STRUCTURES Specifications for Shades All specifications herein shall be in compliance or in excess of requirements set forth for bidding, and at a minimum specification for products will be as follows: 1. DESIGN/PERFORMANCE SPECIFICATIONS .1 Design members to withstand wind loads in accordance with current version of ASCE-7, International Building Code (IBC), and applicable local, state, county, and city codes. 1.2 Design structures for winds up to 150 mph with the cover off and 100 mph with the cover on. 1.3 Design foundations in accordance with ACI and applicable code and good construction practices for the specific structure and site conditions. 1.4 Design covers for easy removal and replacement. 2. FRAMING MATERIALS SPECIFICATIONS 2.1 Tube and Conduit tubing conforming to ASTM A500, galvanized. 2.2 All tubing shall be pre-cut to appropnate lengths, and where applicable all outside surfaces shall be galvanized, with an interior corrosion-resistant zinc- rich coating. Where required, support pipes shall be schedule 40 powder coated. All fastening hardware shall be stainless steel 2.3 Powder coating: All powder-coated parts shall be completely cleaned before a pretreatment is applied. Powder-coating shall be electrostatically applied and oven-cured at a minimum 375 to 425 degrees Fahrenheit. Polyester powders shall meet or exceed ASTM standards for Adhesion, Hardness, Impact, Flexibility, Overbake Resistance, moisture and ultraviolet rays. 24 Structural Steel Cold formed HSS ASTM 500 GRADE C unless otherwise noted. 2.5 Structural Steel Pipe: A53 Schedule 40. 2.6 Structural Steel Members Steel Plates ASTM A36, A50 or A572. 2.7 Bolts, Nuts, and Washers: ASTM A325 Galvanized and A316 stainless steel All Stainless Steel bolts shall comply with ASTM F-593, Alloy Group 1 or 2. All nuts shall comply with ASTM F-594 Alloy Group 1 or 2. 3, REINFORCED CONCRETE SPECIFICATIONS 53 ,44 ,' .. ['SHADE SHADE STRUCTURES 3.1 Concrete work shall be executed in accordance with the latest edition of the American Concrete Institute Building Code. Concrete specifications shall be as follows 5.1.1 28 day strength: minimum 2500 psi 5.1.2 Slump: 3-5 5.1.3 Portland cement shall conform to C-150 5.1.4 Aggregate shall conform to ASTM C-33 3.2 All anchor bolts set in new concrete (when applicable) shall comply with ASTM F- 1554 Grade 36 or 55 (galvanized). 3.3 All non-shrink, non-metallic grout shall have a minimum 28 days compressive strength of 4000 psi, and shall comply with the requirements of ASTM C109 when applicable. 3.4 Poles set in concrete shall be sealed water tight so that water does not enter where the poles insert into the concrete. 4. FABRICATION SPECIFICATIONS 4.1 Steel Components: Fabrication of steel components shall be in accordance with guidelines set forth in the AISC steel design manual and the AWS code of structural welding. 4.2 Welds All shop welds shall be executed In accordance with the latest edition of the American Welding Society (AWS) 01.1 specifications. All welds shall be continuous where length is not given All welds shall develop the full strength of the weaker member. 4.2.1 All welds shall be in accordance with manufacturers design and performed prior to shipping. No welding shall be performed in the field. 4.2.2 Grind all corners and sharp edges. 4.2.3 Steel to require abrasive blasting and primer before application of the polyester powder paint finish. 4.3 Powder Coating: All steel shall be painted with one shop coat polyester powder painted toa minimum thickness of 3.5 -4 mils 4.4 Frame Colors may be selected after bid selection. 4.5 All products shall be shipped in its original containers, packages or has the same lot number. 4.6 Contractor to return in sixty days to tighten a/l cables and bolts. 54 44 C i'SHADE SHADE STRUCTURES 5 SHADE FABRIC MATERIALS SPECIFICATION 5.1 High density polyethylene fabric with ultraviolet blocking additives. 5.2 Shade fabric is to be fire resistant 5.3 Fabric is to be knitted providing stability and fraying resistance when cut. Fabric is to be fabricated with monofilament and tape construction for additional stability. 5.4 All hems, corners and seems are to be double row lock stitched using exterior grade UV resistant sewing thread. Fabric connection points & cable exit points to be triple reinforced and heat sealed with vinyl interfacing Inserted and sewn between layers of reinforcement. 5.5 Shade Percentage: shall be a minimum ninety (90) percent. 5.6 UVB Block: shall be a minimum ninety three (93) percent. 5.7 Fabric color to be blue. Shade of blue to be selected after bid. 6 CABLE FASTENING AND TENSIONING MATERIALS SPECIFICATIONS 6.1 Fastening and Tensioning System shall be quick and easy 6.2 Removal of the fabric shall be quick release to remove the fabric covers easily. No special tools are to be required. A standard wrench shall be used to loosen the turnbuckles. 6.2.1 Wire Rope shall conform to AISI Steel Cable Manual requirements with a ClassA galvanized coating or approved substitute. ASTM A603. Cable shall be IWRC improved plow steel. Aircraft Grade 7x19 core wire rope. 55 s SUPERIOR -' .. :' ,-c· ",,'r. Superior Recreational Products Warranty Limited Warranty: Product below from the date or invoice anC.! on.:..e SRP h(l'~ OCt:."1 udlC: Ir fuii ThiS v'varranty IS ill effect only if the product has D€en assembleci Jnd IllsLli:e':"l '>tl-I::.:t!/ ·:1 (Jccorcl;)nce Vv'lth tht:' .setup Instructions pt"ovided by SRP. good CCllstr;.lct:Crn IJI'.lC'"IU"-;, :,n;::t hel:::, Del':'r'; s;...b)ected only to normal use and exposure Lifetime' Warranty on playground stC'el ar1 , j rec\,cioo 005t5, ali stam,ess s~eel hardware, c-iine fittings. and aiurnillUlr~ t)u:;t i.:au~ plastics, HDPE piastlc sheets, putKhed stC(.'i ciu;ks. anci rccyC:ieci lic-cks 20-'{ear Limited VI/arranty OIl Stet'"'i Snade StruC("Ji'PS lO-Year L!mlted VV(lrranty 011 Shelter 5tl uctld,-';S lO-Year limited Warranty on Shade F<1brlc 5-Year Limited Warranty on Site Amenltlo?S c-al'Ji,~s ,_'irK: nets l-Year LJmited warranty on movlli9 pans ano IlIcltenais not covered abO',f8 such as scratches, denbo marnllg, stnpJJ!r1£j, p~eII1l9, 01" tacJ!l'1g, (1(1n]('1<;)[: clue to Inc:orrGCl Insta!lation, vandalism, misuse, acclcl("l\ wear .JI:d leaf fI'OIT1 nurm,Ji Lise; exposure to extreme weather, immersion in salt or ctliorWH2 vvater. C1amo:.'1ge clue to sana, ~j?it Sprily, or as hail, flooding, !ightl'lItlg, toma(loC's, ',anu sturrn~" :,h,I:I":, c1 lprrdll~ L'drthl1U,,'lkc::., mtdslides, and windstorms. 770.632.6660 1.800.327.8774 10::;0 Colllmbl,l )rll/!-' CelT ro!itan, ciA 30117 56 s SUPERIOR If prOQuct has shade fabnc and Instailed tn i.1n -Jfea •. :x[)os2d to f":uniC,Jnes. removal of the contributing fActors to rectify till": condlt!on ,...111t: hOlp pn:::vpnt ,;Ir1'/ 1 ,Jture r"(·occurrence(s), The warranty IS vOid It any chElngt-!S. 1l1od!IIC:Jt ens, '-luciitIO!"1:: Ct ;~tt .. K!llllents are IYlJde to the product without tne wmten c.on~ent or "tT!l:: rna!lUf]ctu!'~( warranties which extend beyond tlie clescr:pti(:.ll ~)t tl!'2 race I":ereot. Under-IW ("lrculYlstances will SRP be responsible for any indirect, SpeCiO!, (ollsequem:ai. L'Icideilt<3!, or liquidated damages due to breach of \/JarrEJnty 2nd such ciam.-:'ges Gte ~,peclficL1l!y I::xciuded from the warranty The owner shall notlty SRP with Orif)!nal :.;21(}S '.Jrd~( Nurno('r ~~SUC() tr()lll SRP to arrarig2 for an Illspection within .30 ci,:ws after dISC8Vt:;~-Y of ('111'1 dcfC'l:t urld,·r tiliS w<::nr,mty and before the QWller makes any alterations 1'1 c!e~lfJr1 Thfs warranty IS the only express warranry ~lIvell by thl:' compan\, f'~o person has authority defective. ~O,837 6GGO :.800.327.8774 10SO CnIUIT1\:>:Cl Dnvf' l:(H'ol:ton GA 30117 57 s SUPERIOR !, ~ .. " _~ i ';: " oj _-;." Limited Warranty: Powder Coat Superior Recreational ProdLcts cfte:.: d 5-),·.:-;,\1 ,_:I,-::t90 '.\I,'j!",-.]!",t,,! for pov::Jer cDotlng :0 thE~ original purchaser. This lilllited \IVarrcHlty I';. tot" rdctor) app!i(?O ttrllSn oniI Darnage occurring covered by this limited VVarranty are acut\~ LH:tJles. ~'Jei05. and cll'J plates The coatings shali retain their orlS-Jlnai ('Oi,:;i' \N!tl-: a \E of < 7.5 units for hlgn chroma tested in ac(OrclallCe with-ASTfV1 C-2244 tested in accordance with ASTH D S23. The coating shal! exhibit chai!..;lng no 'ivOr'S{:' th,_ir1 'iur1"'E-ncai rating of 6. \.{Jhen evaiuated in accordance with ASTM D 659-80. Stainless Steel Series Powered by Playdale Playgrounds Playdale Playgrounds warrants its pl'ociults ~v ;:hl' (I!'I~]lIlni custorncr tu !)C i'rcc frOIT) structural failure; clue to oefect III matt;'rtal~, ur -:vcrhl:i3rlSiiIP eluring r10rnia! use and installation in acc.urd;]nce with ttle fJUCI:sh~,:,c! ~.oe,_ !hcatiuns. --:-hp. ·n,;'.11 Jr~t)-, shall COlljmence on the date of the invoice and tern~lII::"!le c"JL tll0;2 end of tile period on trle fuii warranty statement. The warranty is valid only If the Droduc.ts arE;: nstJlleO oroo(:;rly and In conforrncmce ot the spcClficatlons. Inst.Jil,ltIG'·1 J';IC('S. PI~v)'d;)!·:' PIc1yql'rjtJl"ljs 00519n layout. installation l!lstructions ~7()_H32 5660 1.800.327 877. 1050 ColumblJ Drive Ci.mollton. GA. 30117 58 s SUPERIOR .-t, , ~: -, r'i ,', >< -'_.'" Playdale Playgrounds reserves thf:! rl9m \c: accept G: re)l?Cl (.;n-y \.'laii11 In wnolt~ or In part. P!aydale Playgrounds 1/,.1:11 nut (Kcept thE-' ret:.lrn ,:'; (WI( fYOOuct \\/itho,-,t pn;J1 :'lpprova! by Playdale management. Traditional Steel Frame Shade Structures Thread Shall be 1001)" expanded PTFE fiber ti!::-,t s !llgn ~,rrC!1~1U-1 clnd !O\iV sf,riiikage, which carries a 10-year warranty. ThiS v\lf:rrallfies that tne sev"'iIl9 ltlt'eE,(1 w!11 be free from defects SRP fabriCS Ci:.~rry a lO-year Ilrniteci m;:1I!UfactldE'I~; \.'v'<lI!,::Hity ~r()n\ ti-H:.' (Jiite 01" delivery or discoloration. Should thE: ff'lbrlc !IE;eci l(~ U( f(n)',:h:C:U Ulldc;r tt1>:.-' \:V::111'C'i1lt\j. SRP V'lili'i manufacture and ship new fabric at no cilargc tor til(~ flr~t :o.iX yt.'ars, tnereafter pro-rated at 18% per annum aVe!" the !ast tour year 5 of the fa/Joe Are eQUipped With botl. i:(l/(,s I;) :nc i,,:.)'1{' "(;rr:r-r uU;S ;'~l,')fC!rcm9 s:raps dOTH me strap and fabne nolc must he i.Jlaced OVI::'( eacli Ci: ',';(;,'1' /}O();..· or Iii,:' td/.)riC jI/c,rralltr I.', ·/iJ."u". FabriC curtains, valences, or flat \/ertlc.:11 p:JnCI~, ::L"" :10l: covereo under the WZlrranty. FabriC IS not warranted where It IS :t1staltcCl or· d str~:crljrC' t!~at IS r,ot 01l~JinE!ercd and bUilt by SRP or Its agents solvents, misuse, 'v')ndaiisrn, or any act of God. :ncilioing but Ilot :lmlt0.d to wmd Wl excess of the wind limitations set forth below -::70 832666G 1.800.327.8774 10SO Columhia Drive CHrotlton. ':JA 3()117 59 s SUPERIOR damaging winds are calied for. Damaqi2 due '::.-: . .:,/':uw a!lGior Ice dCC\,illluli.1tlon IS not covcl'ed fabric. The warranty will. tr:erefore. Ot-...: '/O!Ut.:~i II -'.d ) 'I :C"j 11:\.': <"il ,_,'II (t,;'"; .f-h.>I'dl ~I ;:-,~ permanent) are not secured accordingiy. The structural steel frames are covered tc-,r c", f,WtlO(j or twenty Y(';:('lrs clqc1lns( failure due to for a period of five years. be performed 'by a qualified person Ot auUlonzed ckaler from physical darnage, dan~lage by salt :Juray C:' ..,'~"lrIni<lE:r c,YSJ(:IT'h, CDntac~ with chemicals. chlorine, pollution, miSUSE:. vandatlsnl, L)r any' (10 of God Aluminum and Steel Frame Waterproof Umbrellas high wind speeds and have beer; eng!lleered. tt"Slec 1!1 ',vinCi sp(~eas \NhICi'\ exceed 70 mph, ~!O_?i32,o560 : 800.327,8774 l050·(olumbia DrivE' C,-,rr2I1to:l GA 30117 60 s SUPERIOR according to manutactiJrer'~ InstailatlcP InstrUC[iOn::-, Wltti d levei CcillOpy ,-:;no plum column) retractable urnbrellr3s be secLlrl'i y __ IC'-:'CCl \vhE..'J "',,)t -, usc' tested in willd speeds which ~xce~d 90 rTlp!'~ hJ\Nl,:."/f:'" :3R~ rjOf"~' n<.)t rU.oll';Tlend the use of that have been properly secu~eci to cHi aoprovC'<l rooter O~-otiler m()untll"lg system Waterproof HyparJ Wavecrest, Panorama, and Custom Structures r,Hurricane Force 1) and for gLlst~, ut liP to 3 SeC:'H1Ch dUr21tll)f'. ::'I11(J up le. 90 rnph. Removal of the shade fabnc IS reqi..lired 'f damCl;J1119 .... 'Vlnd,:, Jre ,:Jllecl for. ~arn,:~g~ (fue to snow dna/ or ice accumulation is not cover'Ec by :hiS ":\',]n~lritv ·::.'.lnOPIE-S :-,110lJld 1](:-removed dunng the "off season" SRP will only v .... llrfcmtv n(Ociuc~::. \vnl::i~ ,HE:' j)r"operiy sf::cured to u footer Further, SRP will not cover any damage to <-my ur~'lbl'(.1.:-1 (r(]llle. ci:'!I'ony. ~.;rli::ldC, or base dEVice which occurs as 21 result 01' CQlit':lct I,.ViU"1 tile :.,JrOU1'.j 01· E1I1Y ·.)[her' forelg!1 object extreme acts of nature 7"70 F!32.6660 1.80Q.327.877Ll 1050 Co!umbla Drivr CdrrolltOIl GA 30117 61 s SUPERIOR Pric ing Policy All prices are F.O.B. f.:Jctor dnd do mit Inc!ude tl'('iqht 1I"l'::tallc1t:ur'. ShlPp!lKj and hundling. sur"faclng, or applicable taxes. Al; prjcc,~ iisle.'r: W(:' 2 l:tlf~rlt ',:it tnC tlll'lC ot pnrltirlg emu Hi US. currency. Prices are subject to chan~,J'! \·'.'it!v.Jut i ·otll.C Cancellation and Return Policy Shipping Policy To view our shipping policy, please \/!Sl~ ~,urJf:rlorn;>Ci'e(ltl()r)'llrl·oc.iuc.ts.(orn/sh~PDing. For Inforrnation any furthc?F !nfor-rnatlori P iC'dse cal. 1.80:),3.27.2774 'For the purpose of this warranty, fifotJnk' enCO!T?O::JsSC'5 '!O SfJ(·;~'it!,--~ form of ,vears. IJot rat'lGr that serier warranrs to Its OOgIFlA/ custOtrlf::>.'" for as /0.'1.9 ,-1," the" :"'lrfg'rJrli '~'usro!Yier own,> thi::' product ?lnci uses the proouet tOt Its mtenucd j.JUlJ)C-S::: {,",~, :-ill' p.'r~)liUL __ [ ::In(! .cJI'j ;)art:::: i,Vdi be f"e£.' {roln defects En materials and ITIiYII.,dactLinn9 :.f./()r",'~:an::;:! i), 1/1,:; ,'.C','!,',"'" ooes nor '::'01/2,"" (f,JmaQf: caused b} van(ia!Jsn~'. (Ylisuse or aDL;S(\ ,',ile.'"eo (;1" r:lix'l:f,eo peV.'S, (;," C(;.)lnenc C/c')!'!lagc Stich ."i5 5cratc/les. dents, or fading or weathc.'f'lflY ancl nor;i:a.' \/\//:'.Jr anO te,')!'. Tnis ~varl'ant} IS valw OnlY if the structures are instal/ed In cOnfOF'Tliry with ,"nstruc [Ions /Jro\,;dec! hv SUDeri':)r .Recreational Products usmg FJpproveci Superior ,ReCleat/o!'']! PnJciu,-~rs /.)i:Jl'TS Sucen()1' RCC(i;"'<"I:!Onai Products will delivcr the repaired or rep(acl'mc."{ -,_",irt O! .':)" .... ;:::. i~" ttl!:' ,-;itc ;'r·:~C· :/ Cnar;i '. Uut vi/Ii: no, be responsible for labor or rhe !aoor C().'>t,) l,),f (t"pl,+,:~"nk'):-':/;:v,", Hl:-.V C'.~i '-0:-. n):.J)t 1Jt:.' "i . .'ee! h'lihln thE- appilcable 'vvarranty per/ocl cJno' a~:coir'f.J,'!l)le(j 1),/.-',l!C'_~ ~,tU'~'" uf ,,')VO.U.' IIt,/n).'JI:;Y, :70832,6660 '; 800.327 877.:: )050 Coitlrnbli'l Drive ClHolitOIl GA, 3Jn7 62 Member Name Bid Number Bid Name 4 Document(s) found for this bid 10 Planholder(s) found. 576 NOTIFIED Supplier Name Awnings by Design, Corp. Bingelectronics ConstructConnect Construction Journal, Ltd. Creative Shade Solutions Daycoven Constructions LLC Industrial Shadeports, Inc. Legacy Products Inc Link Systems LLC Play Space Services, Inc. City of South Miami RFP-RFP PR2018-09-0- 2018/SK PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK Address 1 3945 NW 32nd Ave # C lD795 SW 108 Ave #2D7 3825 Edwards Rd 400 SW 7th Street 719· Wesley Ave 13035 SW 132 Avenue 1975 NW 18th Street 3791 SW Pierre St 292 Tuska Reserve Cove 3125 Skyway Circle City State Zip Phone Attributes 1. Hispanic Miami FL 33142 7865545595 Owned Miami FL 33176 7863954281 Cincinnati OH 452D9 8772271680 Stuart FL 34994 8DD7855165 Tampa FL 34689 7279473067 Miami FL 33186 3D5235434D 1. Small Pompano Beach FL 33069 954755D661 Business Topeka KS 66617 7859920367 1. Small Casselberry FL 32707 4D7401D031 Business Melbourne FL 32934 3217750600 . 63 T~: (,fi SouthlMiami lHE CITY OF PlWANT lMNO REFERENCE CHECK Hillsborough County Public Schools, Attn: Chuck Plante, Project Administrator ProjecJ: Supply, deliver, and install new playground shade structure at Brewer Park VENDOR: legacy Construction Services Group, Inc. DBA Pro Playgrounds PATE: MOllday, June 18, 2018 You were given as a reference by: Pro Playgrounds. it would be appreciated If you could sign and date the questionnaire and return it via email to parks@southmllimlfl.gov by Wednesday. June 20, 2018, 1, Pleasede~cribe the scope of work or project details Pro Playgrounds was responSible for? Pro PI~round$ replaced sunshades at .two. elementary sthools (NelsOn & Summerfield) that we.11i! clamil8lld .py Hurricane Irma. Shades were SO'XSO' and 8()'xlOO'. Original shades were toristriJcted by other manufacturers that did not withstand· the hurricane. 2. From one (1) lowest to three (3) being the Highest, r<lte the knowledge, skil~ and competence of the Pro Playgrounds' personnel performing the work on your project. (eiFele One) 1 2 3. From one (1) lowest to three (3) being the Highest, rate the firm's su·ccess at keeping you updated and informed about the progression of the work, particularly when special needs or problems arose? (Circle One) 1 2 (!) 4. Were projects compl.eted within established tlmeframes; on-time and on budget? ves S. If you had a similar project to undertake in the future, would you consider Pro Playgrounds to perform the work? Ves, Pro PIaYlirilunds is c!!rrently the ·on-bld" vendor for sunshades at Hillsborough County Sth!1fJ1s. Name: Chuck plante Date: 0611912018 Signature: b..t i4. zc:; ~ 1 '''''1' (:: , I I. f~~;~: I , .. I I. I I I i I f i 64 To: ~ SoutH· Miami TliE CITY OF PLEASANT LIVING REFERENCE CHECK Leon County Schools, Attn: Alison Garber, Project Manager . Project: Supply, deliver, and Install new playground shade structure at Brewer Park VENDOR: legacy Construction Services Group, Inc. DBA Pro Playgrounds DATE: Monday, June 18, 2018 'You were given as a reference /ly: Pro PlaVarounds. It would be appreCiated if you could sign '-and date the questionnaire and return it via email to parks@southmiamifl;gov by Wednesday; ~une 20. 2018. 1.' Please describe the scope of work or project details Pro Playgrounds was responsible for? t-.,~MIiIb""" ,f-~ \.I>I\.i."-""") pf"":J:;ravJro.,h. p]...) I---M..,f-,'M tit-oPt.[k.-Hrvt1 .f19.,1J ,.... .,rfy" N./L.(, 2. From one (1) lowest to three (3) being the Highest, rate the knowledge, skill, and competence of the Pro Playgrounds' personnel performing the work on your project. (Circle One) 1 2 ,,3. From one (1) lowest to three (3) being the Highest, rate the firm's success at keeping you updated and informed about the progression of the work, particularly when special needs or problems arose? (Circle One) 1 2 . 4. Were projects completed within established timeframes; on-time and on budget? yo S •. If you had a similar project to undertake in the future, would you consider Pro Playgrounds to perform the work? Ye) . , .. Date: 06/ 11/2018 1 65 MIAMI DAILY BUSINESS REVIEW j-' •• ~;,Sr."c D~d)' ",.c;;;::: Sa:"ra(!j 5,,"':,1;-'1":1 Lep: •• Holld")'~ Mlllr:'!. l .. l·a~,·OEde CC",,!; F;~",.~a STATE OF FLORIDA COUNTY OF MIAMI-DADE: Bafor,", the-undersignec aulhonty personall\' appr.amd J8HANA OLIVA. who on oath says Ihal he or she IS 1I1e LEGAL CLERK, Legal Notices of lhe fv1iam, Daily 8I/S1MS!; ReView IlkJa Miami Revie".., a daily (except Smurday Sunday and legal Holidays) newspaper, published at Mlam; i;'l Mlami·Dade County. Florida; Ihul Ihe aUaciled cor-)' of advertlserr.(!on1. being a legal Advertlsemenl 01 Notice In the malleI of CITY 0:= SOUTH r-ldAMI· RFo ?R2018-0B In Ihe >:XXX Cou1 VIas publls!1ed JI'I said newspapelln Ihe Issues 01 0;'/1112018 Afflam It_nher says \hal Ihe sa,e Mlanll Dall)' ELlslnass Revel'l is a newspaper Pl!bhshed al ).i1ianll. in &ald fv',laml.Dad e COUlW. Florid<; and t1a\ :lie sa,d newspaper has. heretofor€' been contmuo!.Osly pubiSil&d if said Vh~llll.Dade County. clolldn each day (exc&pt Saturday SImdal' and legDl Holidays) and has been "mlareel as second class mail matter at Ihe pOst O'flCe b Mlam, In stilcl Miarni·D<Jete County Florldn, fClr a period of one year next preceding the first publication of the attached coPy of advertisement, and athal'i lu:I1161 S3j':; tllat he or she has nelthe. PElIO nOI proml~ed ally Person, film or corporatlo:1 any dLscount, reO<lte. COl11llllSSQn or lel.lnd fer :Ile purpose cf securing this ad~'ertIS~l1lenl for pubhca1l0n 111 the said newspaper Ii'IlDJI'.l©lMA$1l! AOOIlll U~S'li"5lill.IbA'fUOIM 011" A !?'bhWGIiiI@IUIINlJill $E-I!AIilIIE $'Ii"II'IIUI©'Il'1lD1I'!1E fol'1l' I!lIll1lll!lIIIll!JI'.lIl'MIll: IFilIl"JIll JlIlIl'l:\!!O'lS.OS SUJJIlllIi\lilU'ilii'Ab I!»I!)JIil @A'Ii'I!ii: J)l\!iI!Ilil ~~, ~0l1:1l1 ffil. 'li' ~ @ Alillil The City is hereby requesting sealed proposals in response to RFP IIPRa01B-08 "Purchase and Installation of a Playground Shade'Structure at Brewer Parlt." The purpose of this Solicitation is to contract for the services necessary for Ihe completion of the project in accordance with Ihe Scope 01 Services, (Exhibit 1, Attachment A, & B) and Respondent's Cost and Technical Proposal, or the plans andlor specifications, If any, described in this Solicitation (hereinafter referred to as 'the Project" or "Project"). fnterested persons who wish 10 resporKi to this SoliCitation can obtain Ina complete Soficitalion package at the City Clerk's office Monday through Friday fr.om 9:00 a.m. to 5:00 p.m. or by acceSSing the following webpage: http://Www.s()uthmiamifLgo\J/ which is the City of South Miami's web address lor solicitation information. The Proposal Package shan be delivered 10 the Office of the City Cieri< located at South Miami City Han, 6130 Sunset Drive, Soulh Miami, Florida 33143 either by mail or hand delivery, 00 later Ihan 10:00 AM local time (the "Closing Date") on June'12, 2018. Hand delivery must be made Monday through Friday from 9 AM toS PM, unless a different time is prOVided abl)ve for the Closing Date, to the office of City Clerk. A Non~MandatQry Pre~Proposal Meetlng will be conducted at City Hall In the Commission Chambers located at 6130 Sunset Drive, South Miami, fl.. 33143 on May 24, 2018 at 10:00 a.m. The conference shall be held regardless of weal her conditions. The project, in whole or part, will be assisted through Ihe Miami-Dade Public Housing and Community Development with Federal fUnding from Community Development Block Grant and as such bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375: nUe von ollhe Civil Rights Act of 1964 as amended; the Davis~8acon Acl of 1968, as amended; the Copeland Anti-KiCkback Act: the Contract WO(k Bours and Safely Standards Act and all other federal, slate and lccal ordinance. The bidder Is required to pay workers on the project the minimum wages as determined in the Wage Determination Decision included in the Bidders Package; and that the contractor must ensure that employees are not discriminated because ot race, color, religion, sex, or national origin. The project is also a Section 3 covered activity. Section 3 requires thai jot training, employment and contracting opportunities be directed to very-lOW income persons or business owners who live in the project's area, 5/11 Maria M. Menendez, CMC City Clerk Cit)' 01 South Miami 18·10B/0000318303M 66 611812018 Detail by Entity Name Qipartment of Stale I Dlylslon 01 CQ[~ , $flarch Records I ~y. Docyment Number I Detail by Entity Name Florida Profit Corporation LEGACY CONSTRUCTION SERVICES GROUP INC Elling Information Document Number FEIIEIN Number Date Flied Effective Date State Status Last Event Event Data Flied Event EftacUva Date f.d.MJpal Address 8490 CABIN HILL ROAD TALLAHASSEE, FL 32311 M&liDg Address 8490 CABIN HILL ROAD TALLAHASSEE, FL 32311 P16000004378 27-1850232 01/19/2016 06/01/2009 FL ACTIVE AMENDMENT 03/07/2016 NONE Registered Agent Name & Address RONG, FRANK 3116 CAPITAL CIRCLE NE #3 TALLAHASSE, FL 32308 OfflcerlDlroctor Detail Name & Address liUeCEO ADRIANSE, PAUL A 8490 CABIN HILL ROAD TALLAHASSEE, FL 32311 liUe President ADRIANSE, ALANA C 8490 CABIN HILL ROAD TALLAHASSEE, FL 32311 http://search,sunbiz.orgJlnquiry/CorporationSearchlSearchResuIlDetail?inquirylype=EntilyName&direclionType=ForwardList&searchNameOrder-LEG...1/2 67 2018 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P16000004378 Entity Name: LEGACY CONSTRUCTION SERVICES GROUP INC Current PrinCipal Place of Business: 8490 CABIN HILL ROAD TALLAHASSEE, FL 32311 Current Mailing Address: 8490 CABIN HILL ROAD TALLAHASSEE, FL 32311 US FEI Number: 27-1850232 Name and Address of Current Registered Agent: RONG, FRANK 3116 CAPITAL CIRCLE NE #3 TALLAHASSE, FL 32308 US FILED Jan 11, 2018 Secretary of State CC8540216777 Certificate of Status Desired: No The above named entity submits this statement for 1h6 purpose of changing its leg/stared office or registered egent, or both, in the State of FlOrida. SIGNATURE: ~E=w-~~o~ni-cS~I~gn-a~lli-ffi--m~R~e-g7is7to-re~d~A-g-On~t------------------------------------------~D~at~o--- Officer/Director Detail : Title Name Address CEO ADRIANSE, PAUL A 8490 CABIN HILL ROAD City-Stote-Zip; TALLAHASSEE FL 32311 TlUe Name Address PRESIDENT ADRIANSE, ALANA C 8490 CABIN HILL ROAD City.stat ... Zlp: TALLAHASSEE FL 32311 I herobyCfJrtiIy thsllhalnfcrmtllian Itld/colmi OIllhl~ ruporl 0( suppl/]/ft&nteJ "'porlIS/TUft and IICCUflIf'9 and thlJJ my4ledtonlc slgnawru .,hllil havo looJlolrnl feg8f afl'8cf 8$ Hroodfl uOOfIf oalh; /hallam an offkor ord!lYXlorcflhfl corporaUon or the roc:eIwr Of lrunfjfj empowarrM to exocula Ihl, roporlss Mquirud by Chaptur 607, Floridil SlatutllS; and /llat my rlBme appeanJ eboIro. or on an attachment Mrh all oth&r like ampowcrod. SIGNATURE: PAUL ADRIANSE CEO 01/11/2018 Electronic Signature of Signing Officer/Director Detail Date 68 611812018 AnnualRa~ Report Year 2017 2018 Flied Date 01/0712017 01/11/2018 pocument Imagft§ 01l1112()18 .. ANNtJAL REPORT 01/0712017 .. ANNUAL REPORT Q3fQ7J2016·· Amendment 01/1912016·· Domestic Profit View image in PDF forlllal View image in PDF format View image in PDF for~ View image in PDF forma! Detail by Entity Name , .~ • I' http://search,sunbiz,org/lnquiry/CorporaUonSearch/SearchResuItDetail7inquirytype=EntityName&dlrectionType=ForwardList&searchNameOrder-LEG,.. 2/2 69 CONSTRUCTION CONTRACT PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK RFP PRlO 18-09 Exhibit 5 to RFP PR2018-09 THIS CONTRACT was made and entered into on this 3 day of luly. 2018, by and between Legacy Construction Services Group. DBA Pro PI~rounds (hereafter referred to as "Contractor"), and the Oty of South Miami (hereafter referred to as "Owner"), through its City Manager (hereafter referred to as "City"). WITNESETH: That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: I. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. The Contract Documents shall include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and· project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the sokitation documents rhereinafter referred to as "Bid Documents") and any documents to which those documents refer which are used by the Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the Lump Sum amount of: Twen1;y=seven thousand. four-hundred Dollars (527.400.00) (Spell DeBar Amount above) (UContract Price"). 5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent shall have no right to additional compensation for such work. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. S. The Work shall be completed in 60 calendar days. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid by the Contractor at the rate of 5500 per dollars per da,y, plus any monies paid by the Owner to the Consultant, if any, for additional engineering and inspection services, if any, associated with such delay. 10: R.'hlldAppr~: 3$ to'i'O"",lan&l'age. Le,gaiity, and Elce<:utlon' Thereof: ' '---~~ Signature:_~=.....,.-:-/77. ____ -' __ CIty,Attorney 2 2 CONSTRUCTION CONTRACT GENERAL CONDITIONS PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK ARTICLE I -DEFINITIONS RFP PRlO 18·09 Exhibit 6 to RFP PR2018·09 Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract. where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article shall not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, islare ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a specific provision of a Contract Document if that spedfic provision contains a definition of these terms: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to the Owner's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: 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 are multiple locations, and the timeframe for completing the work. CITY: The City Manager for the City of South 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. Construction 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 Documents: The Contract Documents shall include the Contract between the Owner and the Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical SpeCifications, Drawings, including any incorporated speCifications, addenda to the drawings issued prior to execution of the Contract. Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract TIme: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the OWNER. CONTRACTOR' The person, firm or corporation with whom the OWNER has executed the Contract. 3 CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then CITY's designated representative as identified in the Supplementary Conditions. Day: 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. ~: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I 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 designaced period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the reqUirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that are not properly approved and authorized, any deficiency in the Work, macerials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or incerprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non-conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANTs recommendation of final payment (unless responsibility for the procection thereof has been assumed in writing by CITY). Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract to him. Notice to Proceed' A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person: An ind.ividual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Polic;y: 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 policy, including all endorsements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. ShQP Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which iIIustrace the eqUipment, macerial or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate macerials, equipment or workmanship and establish standards by which the Work will be judged. SpeCifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor; An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. 4 Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor"punch list" work. Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. ~ The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project, Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. ~ The term "Notice" as used herein shall mean and include all written notices, demands. instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon the OWNER under this Contract shall be delivered to the City Manager and the CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS &md; 2. I The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall b'-given until the CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may also take into consideration altemate and unit prices, if requested by the Bid forms. If the Contract is awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least 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 included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such 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 SecurityLPerformance and Payment Bond. if any are required b.y the applicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall fumish a Performance Bond and a Payment Bond containing all the prOvisions of the Performance Bond and Payment Bond attached .. 2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract 5 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 years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with orecord of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work" locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to the date on which the Contract Time commences to run, except with the written consent of the CITY. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither the 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 Specifications nor shall the CONTRACTOR be entided to any compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.B Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR 6 involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR. but before starting the Work at the site, a pre-construction conference shall be held to review the above schedules. to establish procedures for handling Shop Drawings and other submissions. and for processing Applications for Payment, and to establish a working understanding between the parties as to the . Project. Present at the conference will be the CITY'S representative. CONSULTANT. Resident Project Representatives. CONTRACTOR and its Superintendent. Qualifications of Subcontractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening. the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor. person. or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor. perSon. or organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor. person or organization. Acceptance of any such Subcontractor. person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work. material or equipment. or any Work. material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If. prior to the Notice of Award. the CITY or the CONSULTANT has reasonable objection to any Subcontractor. person or organization listed. the apparent low Bidder may. prior to Notice of Award. submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence 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 3-CORRELATION. INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the 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 for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents. it shall. before proceeding with the Work affected thereby, immediately call it to the CONSUL TANrs attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to the Owner shall apply 3.3 The words "furnish" and "furnish and install", "install". and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated. to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style. finish, strength, class, weight and other applicable characteristics. as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 7 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If the CONTRACTOR is prevented from complying with this provision due to the Drawings or SpeCifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum reqUirements acceptable. Whenever reference is given to codes, or standard speCifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal SpeCifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.B Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", the CONTRACTOR shall use the brand, malke and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.11 The CONTRACTOR shall have advised the CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence. In the event that there is a conflict between or among the Contract Documents, only the latest version shall apply and the latest version of the Contract Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (I) 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 , Availability of Lands: 4.1 The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the 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. 8 4.2 The CITY will. upon request, fumish to the Bidders. copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation. disposal. handling and storage of materials. availability of labor. water. electric power. roads and uncertainties of weather. river stages. tides. water tables or similar physical conditions at the site. the conformation and conditions of the ground. the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character. quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site. including all exploratory work done by the OWNER! CONSULTANT on the site or any contiguous site. as Well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER! CONSULTANT. Differing Site Conditions: 4.4 The CONTRACTOR shall within forty-eight (48) hours of its discovery. and before such conditions are disturbed. notify the CITY in writing. of. 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. and 4.4.2 Unknown physical conditions at the site. of an unusual nature. differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions. and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of. or the time required for. performance of any part of the Work under this Contract, an equitable adjustment shall be made and· the Contract modified in writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided. however. the time prescribed therefore may be extended by the CITY. but only if done in writing signed by the City Manager or the CONSULTANT. ARTICLE 5 -INSURANCE Contractor shall comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means. methods. techniques. sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who shall be designated in writing by the CONTRACTOR. before the CONTRACTOR commences the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as reqUired to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications. Drawings. Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These shall be avaUable to the CONSULTANT and any CITY Representative at all reasonable times. A set of "As-Built" drawings. as well as the original Specifications. Drawings. Addenda. Modifications and Shop Drawings with annotations. 9 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 shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and eqUipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work. Materials. Equipment. Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials, equipment or products, togetiher with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for '"or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 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 lime. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work. such Work or materials shall be removed and replaced, together with any Work disanranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONliRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items which are found upon examination. not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled within five (5) business days by the CONTRACTOR at his own expense and redelivered andlor reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be 10 regarded as abandoned and the CITY shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in the CONTRACTOR being found in default. 6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 The CITY reserves the right, in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested. to obtain the good andlor services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor. against whom the CITY or the CONSULTANT may have reasonable objection. nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT. unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directiy 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, nor shall it create any obligation on the part of OWNER or CONSULTANT to payor to see to payment of any subcontractor or other person or organization. except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization. to the extent practicable. evidence of amounts paid to the CONTRACTOR on account of speCified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER. 6.1 I All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades. Subcontractors material and men engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors. and give the CONTRACTOR the same power as regards to terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settie any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT. any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory. they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. 6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and 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 Royalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention. design. process or device which is the subject of patent rights or copyrights held by others. He II shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion. of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining th~ 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, appliances and articles. Permits· 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, In obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. laws and Regulations: 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance thereWith, it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17 A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract:, 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. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or eqUipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shaUbe the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. 12 Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract TIme, he may make a claim therefore as provided in Articles I I and 12. Shop Drawin .. and Samples: 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may reqUire. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the infonmation given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of conrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined andlor verified all quantities, dimenSion, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order, in a book or binder, in chronological order or in such other order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSUL TANrs 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 or samples. Cleaning Up: 13 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the OWNER. the CONTRACTOR shall remove all his surplus and discarded materials. excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property. roadways. sidewalks. parking areas. lawn and all adjacent property. In addition. the CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property. both public and private. which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site. the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and Safety: 6.30 The CONTRACTOR shall. at all times. conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience Of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner. consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed. the CONTRACTOR shall notify law enforcement agencies and in particular. the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions' 6.31 The CONTRACTOR shall provide on-site office. and necessary toilet facilities. secluded from public observation. for use of all personnel on the Work Site. whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary . facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification' 6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 Of the Supplementary Conditions (Insurance and indemnification requirements). 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 CITY shall defend such action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense. at CITY'S option. any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT. excluding only those claims that allege that the injuries arose out ofthe sole negligence of OWNER or CONSULTANT. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT. its agents or employees arising out of (a) the preparation or approval of maps. drawings. opinions. reports. surveys. Change Orders. designs or specifications or (b) the giving Of or the failure to give directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all insurance coverage required by 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 indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Responsibility for Connection to Existing Work: 14 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 Worl< previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations. grading. fill. storm drainage. paving and any other construction or installations in rights-of- ways of streets. highways. public carrier lines. utility lines. either aerial. surface or subsurface. etc .. shall be done in accordance with requirements of the special conditions. The 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 certificates. in triplicate. from the proper authorities. stating that the Work has been done in accordance with their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters. pavement, storm structures. and other items which must be established by governmental departments as soon as grading operations are begun on the site and. in any case. sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities. Etc· 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments. public utilities. public carriers. service companies and corporations (hereinafter referred to as ''third parties") owning or controlling roadways. railways. water. sewer, gas. electrical condUits. telephone, and telegraph facUities such as pavements. tracks. piping. wires. cables, conduits. poles. guys. etc .. including incidental structures connected therewith. that are encountered in the Work in order that such items are properly shored, supported and protected. that their location is identified and to obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the performance of his Work, shall permit entrance of such third parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments. public utilities. and others in repairing or moving poles. conduits. etc. The CONTRACTOR shall cooperate with the above parties in every way possible. so that the construction can be completed in the least possible time. 6.37.2 The CONTRACTOR shall have made itself familiar with all codes. laws. ordinances. and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR shall confine its apparatus. storage of materials. and operations of its workmen to the limits indicated by law. ordinances. permits and directions of CONSULTANT and CITY. and shall not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety. nor shall it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements. fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees. subcontractors and other personnel. as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City will designate specific areas on the site for storage. parking. etc. and the job site shall be fenced to protect the job site and the general public. 6.38.5 The CONTRACTOR shall furnish. install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnished 15 in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protection of Existing Property Improvements: 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 or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 • WORK BY OTHERS. 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the OWNER, the CONTRACTOR shall prompdy report to the CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or the 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 entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work shall require specific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the CONSULTANT immediately and in writing. Lack ofsuch notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination shall 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 the Contract Price without violating the intent of the Contract. 16 ARTICLE 8 -CITY'S RESPONSIBILITIES. 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment of the CONSULTANT. the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8,4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION. Cjty's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles I through 16 of these General Conditions and shall. not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSUL TANrs decision. in matters relating to aesthetics. shall be final. if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims. counterclaims. disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof. shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspectOr to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward proViding assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws. rules and regulations. On the basis of these on site· observations as an experienced and qualified design professional. he shall keep the CITY informed of the progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretatjons; 9.3 The CONSULTANT shall issue. with reasonable promptness. such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary. which shall be consistent with. or reasonably inferable from. the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification andlor interpretation. it shall be required to submit a timely claim as provided in Articles II and 12. Measurement of Quantities: 9,4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site. installed or completed as provided. In the event that the CONSULTANT requires testing of completed Work, the cost of such inspections andlor testing shall be approved in writing by the CITY. All consequential cost of such inspections and testing. including but not 17 limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work. Shop Drawings. Change Orders and Payments: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12. 9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc .. see Article 14. Decisions on Disagreements: 9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents. limitations on Consultant's ResPQnsibilities: 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES IN THE WORK. 10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions, deletions or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or Article 12. A written Change Order signed by the CITY and the CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order shall result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entide it to an increase in the Contract Price or an extension of the Contract Time. except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract TIme or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the 18 CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE II -CHANGE OF CONTRACT PRICE. 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All dUties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. I 1.2 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: I 1.2.1 Specifications (including drawings and designs); I 1.22 Method or manner of performance of the Work. 11.2.3 CITY-furnished facilities, equipment, materials, services; or site; or I 1.2.4 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 entide the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. I 1.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing. the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. 11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment. time extension requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to those listed in section /1.7 and 11.8. I 1.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed IS%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable costs, the CONTRACT shall provide a list of all costs together with backup documentation I I.B ThE! term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade County and shall include only the following items: I I.B.I Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided it was not in any way, whether in whole or in part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. 19 II.S.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 returns 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 deliver such bids to CITY who will then determine, with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance this section II.S and in such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR". II.S.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading. unloading. installation, dismantling and removal thereof" all in accordance with terms of said rental agreements. The rental of any such equipment, machinery·or parts shall cease when the use thereof is no longer necessary for the Work. I I.S.s Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. I I.S.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. II.S.7 The cost of utilities. fuel and sanitary facilities at the site. II.S.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 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 increase 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, principals (of partnership and sale proprietorships), general managers, engineers, architects. estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. I 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph II.S.9). I 1.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property . . I 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph II.S. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: I I .1 0.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 20 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in II.B. When both additions and credits are involved in anyone change, the net shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIME FOR COMPLETION. L10UIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. . 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the 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 provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the 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. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibihty of precisely ascertaining the amount of dannages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time •. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liqUidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sole remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.B No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct. indirect. consequential, impact or other costs, expenses or damages. including but not limited to, costs of acceleration or 21 inefficiency, overhead or lost profits. arising because of delay, disruption. interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. '12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21st day following the date of the event upon which the claim is based. 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 Attorney and the CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project. ARTICLE 13 -GUARANTEE. 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished and Work perfonmed 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 issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if more than one is applicable, the one that is issued last, for patent Defective Work,. The same guarantee and unconditional warranty shall be extended for three (3) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness; In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (I 0) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, tenminate 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 Documents, if different from the period of time listed in Section 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's option, solely for the follow-up conceming 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 other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall ,be removed within five (5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 -PAYMENTS ANP COMPLETION. Payments to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance ofa Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a "purchase order", or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled 22 out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons. firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, which establishes the OWNER'S title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the 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 Documents. Any interest earned on the retainage shall accrue to the benefit of the OWNER. 14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the CITY shall have the right to issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warrant)' of Tide 14.3 The CONTRACTOR warrants and guarantees that tide 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 "Liens"); and that no Work, materials or eqUipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and eqUipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSULTANTs approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANTs on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving. any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that tide to any Work, materials, or equipment has passed to the OWNER free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment 23 "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the ~onstruction are now on the site or s~ored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied 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 until.the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the OWNER until a judgment is entered in favor of the CONTRACTOR or the person, in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to the OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect the 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 is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with prOvisions of the Contract Documents. 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's completion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This prOvision shall not be construed as relieving the CONTRACTOR of the sole responsibility for .the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the OWNER. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the Owner. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to cQrporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice 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. 24 Acceptance of Final Payment as Release 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the OWNER and a waiver of all claims and alilialbility to the CONTRACTOR other than claims previously filed and unresolved. The waiver shall include all things done or fumished in connection with the Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, .shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the OWNER from loss ifhe determines, because of subsequendy discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it reqUiring correction or replacement to the ~nt that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed c.annot be verified, 14.12.3 claims or Uens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Rnal 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 case of Substantial Completion and 5% in the case of Final Completion. 14.13 If the CONSULTANT de-certifies any portion of the Work that was certified ("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 re- certified. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION. 15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than 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 ~nsion of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. qty May T ermjnate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors. or if a trustee or receiver is appointed for the CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for lalbor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR. and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the OWNER. Such costs incurred by the OWNER shall be determined by the CONSULTANT and incorporated in a Change Order. 25 If after termination of the CONTRACTOR ~nder this Section, it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section' I 5.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release the CONTRACTOR from liability. 15,4 Upon seven (7) calendar days' written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No payment shall be made for profIt for Work whIch has not been performed. 15,4A 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 the Contract Price without violating the intent of the Contract. Remoyal of EquiRment 15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment and supplies from the property of the 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 Inelude such Items for which the CONTRACTOR has been paid in whole or in part. Contractor May StoR 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) calendar days after it is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty (30) calendar days of Its approval, and presentation, then the CONTRACTOR may, upon twenty (20) ,calendar days written notice to the CITY and the CONSULTANT, terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedIed by the CITY, the Contract shall not be consIdered termInated. In lIeu of termInating the Contract, if the CONSULTANT has failed to act on an ApplIcation for Payment or the OWNER has failed to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the CITY and the CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the terms of the Contract Documents. Therefore, the OWNER, at the CONSUL TANrs request, agrees to provide the CPNSULTANTwith a written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes an interpretation, de-certifies a payment applIcation, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of the CONSULTANT. ARTICLE 16 -MISCELLANEOUS. 16.1 Whenever any provision of the Contract Documents reqUires the giving of written notice it shall be deemed to have been valIdly given if delivered in person to the individual or to a member of the firm or 26 to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents shall remain the property of the OWNER. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion olthe Project 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. 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 I VENUE I GOVERNING LAW_ I B.I The Contract shall be construed in accordance with and governed by the law of the State of Florida. I B.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami-Dade County, FloridO- I B.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between the OWNER and the CONTRACTOR arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of FloridO- ARTICLE 19 -PROIECT RECORDS. 19.1 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 any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing services on behalf of the OWNER and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subconfracts for this Project CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost. to the public agency all public records in possession of the contractor or keep and maintain public records 27 L .INWITNESS~HE.ItEQF •. the parties her.etO 3Qf'''''. ecut.e<ltheG~¥raJ COrKliti.D.· i)$;tO ,aokri9wledge theIr Incluslc!has.partof the ·CQntract Documents On this .. , day·.of B, q4:L ,;lOJL ~~~14~ Pr:int SignatQr)"s Name: .~ ~ Tideo/SlgnatQry: --l~I)!""'~'::.= .. =-______ _ 28 28 ;=D~~ Nken A. Pa~ e City Clerk Read and Approved as to Form. Language. Legality. and Execution Thereof. Signature: QtyAttomey Signature: 29 . $uppl!!lm~ul;~ry~!ilnd'tioi:lS PURCHASE AND INSTALLATIClI\I·OF· A P~'ROU:r~D'$i!I~bE'fiRl.ICTURE.AT.JU:WER: RF.'P~~.~:I!I''''9 Exhibit 7 to RFP PR2018-09 A. C!>1i'4i~t:in#.o"!l~nC!! Wjfb·,&.~tJC~E .. '1 ofthe'.:Ge!1~""I· Co~ditjd~s ,.C9NSWLTAN1.isdl!fi.ned .~,th!! p~!'$an JdeotiQ.d astl)e CONSUlT..%NT •. inth1i!Srilipl.iiie.n~(1::¢pn~jtJ.'mS,q~ if :IjDi1~.ttie.~¢i'IWs d.~""a~d tepmeniativeoas'·ide~tifi~intheSlippl'1iit~ii~~Q.!'!~i#,,~~,.·Tb~(:QN$(.JLJ;AN'r~if·any,~~ tbl)!Cliy's, Designated· ;Representati¥e·.nam~.~~d~~. ,@~pl\qiJ~njlroi:i~t and'fa!:slmlie num"'" ";i!:e." las f!:i!IQwSi' ' . . D: E., F. ,( -. Read and Approved ,as to. Form. Language. Legality. and Executlon Thereof: Slgnature~~~ City Attorney farth in the Co~and in th~. Generru '.CO!Idia!)ns OVVNER:,--C_. _o~' ·I=.SOUTH~I~ Signature: / ..::-__ .. en AI~der City Manager END OF SECTION 30 30 EXHIBIT No. I SCOPE OF SERVICES Attachment A PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK RFP PR2018-09 I. General Requirements: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the "Work"). The Work is to be performed per specifications and the contract documents. The Work includes, but is not limited to keeping the project site clean and safe, the furnishing all labor of the Contractor and the labor of all allowable subcontractors, the cost of dumpster(s) and the disposal of materials as well as all necessary engineering and architectural plans, drawings, technical specifications and permits; all necessary equipment, including rental equipment, machinery, tools, means of transportation, the coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water). Prior to any digging, Respondents must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that they can mark the approximate location of underground lines, pipes and cables on construction site. Permit fees are waived for permits issued by the City of South Miami. Permit fees from other government entities, if required, shall be the responsibility of the Respondent. However, in all cases; it is the responsibility of Respondents to secure any and all permits and boundary survey(s) that may be required for this project. In addition, the contractor is responsible for erecting construction safety fencing, cones, etc. at the end of each working day, root pruning, sod restoration at affected areas to the City's satisfaction, disposal of materials and services necessary to perform the following work. II. Scope of Work: The City's Parks and Recreation Department is soliciting proposals from highly qualified design-build firms to design, engineer, fabricate, procure, construct and erect a 40'x40'xI0', 4-post fabric shade structure over an existing playground structure. This project also entails demo and removal of an existing I Oxl 0' single post shade structure. Specifications include but not limited to: a. Shade structure shall use a fabric that provides a maximum UV protection and fire retardants. Samples and colors must be included in the proposal package. Thomas F. Pepe 12/14/2016 38 b. Shade Structure must be able to withstand minimum 150mph winds (frame only) and 90mph (frame wI canopy). c. Canopy attachment to the frame should be accomplished using a quick release fastening system or similar and all hardware must be stainless steel. d. All materials shall be structurally sound and appropriate for safe use. Product durability shall be ensured by the use of corrosion-resistant metals such as stainless steel, and coatings such as zinc-plating, galvanizing and powder coating on steel parts. Color choices of coated material must be included in the proposal package. e. The approximate dimension of the full playground area is length of 38 feet, a width of 42 feet. All measurements and dimensions of the shade structure will be the responsibility of the proposer. f. Footings shall be designed per stringent Florida Building Code for the specific structure. g. All materials must be new and free from defects. h. All play equipment must be covered by shade structure. i. Proposed shade design must not conflict with ASTM-1487 playground guidelines and shall meet or exceed US Consumer Product Safety Commission's "Public Playground Safety Handbook." j. Remove and dispose of existing independent lOx 10' single post shade structure. III. Site Location: The site is located within the City of South Miami; Brewer Park, 6300 SW 56 Street, South Miami, Florida, 33143. Please refer to Exhibit I, Scope of Services, Attachment B, "Brewer Park Aerial View and Schematic" IV. Project Duration: The current estimate to complete construction of the new playground shade structure project is 60 calendar days from issuance of Notice to Proceed. V. Budget: The project's maximum budget is $30,000 dollars. Funding for this project is provided by Miami-Dade County Public Housing and Community Development. Additional funding, if required, will be supported through the City's Capital Improvement Program Fund. VI. Grant Funding: This project, in whole or in part, will be assisted through Miami-Dade County Public Housing and Community Development with· Federal funding from Community Development Block Grant, (CDBG). ReSf'ondents must comply with the CDBG requirements; refer to Exhibit 4 "Attachment A To Bid Package." NOTE.: FAILURE. TO COMPLE.TE. AND SUBMIT THIS SE.CTION WITH YOUR SUBMITTAL WILL RE.NDE.R YOUR PROPOSAL NON-RE.SPONSIVE.. Thomas F. Pepe 1211412016 VII. Warranty: The standard manufacturer's warranty information must be provided in writing for all equipment being proposed, including installation by an authorized dealer/distributor. Thomas F. Pepe 12114/2016 SPECIAL NOTE A Proposal Bond is NOT required for this project. END OF SECTION 38 EXHIBIT No. I SCOPE OF SERVICES Attachment B PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK Thomas F. Pepe 12/14/2016 RFP PR20 I 8·09 "BRfWfR PARKAfRIAL VlfWAND SCHEMATIC" 3~ '-'.-- 1-------4"-"-------1 ----. _.- tsUmatod manufaclurin!l time" . .. weeks 'rom the . (l1l'i8 of LSI order accllplonCII. aop Sanlca. IDe. D.be.J'1 lotlD. -... -~-----.---r--.---.----------_. •• QTY: 1 RD1824081N-AF Rectangular Hip, 18.24.08, Embedded, Without Glide Parts List Total Part Number Description Qty Size Man Q.C. Pack 4 PSASOII-E2SS-132 Column Assy: EMB'SOO • 11 Gage. 13200 w/2 3/s00 cap 132.0" x SOli" D 4 Comer Rafter 139.900 L x 2.88"0 1 Ridge Pole 76.9"L x 2.88"D 4 CEL28S12 Standard Elbow Assy 2 7/s00 00 x 16.5 Deg. 2 YAN28B,12XX "V" Rectangle Wdmt 2 7/S" 00 I' FRDlS24AF Fabric Assy: Alnet F/R, lSx24 Hip 24'x18' 1 RMCAOOOOS Raw Mat. -1/4" Galv cable 94 Feet 4 HWM0325 cable Clamp"Forged Steel, Galv 1/400 4 HWB0246 Bolt HH Grade 5 Zn 3/soo _16.3-1/2" 4 HWNOll0 Nut Zinc Steel Nylock 3/S" 20 HWSOO21 Screw TORX Self Tapping w/Patch 1/400 -20 x 100 1 HWM0129 Driver bit T-30 TORX SECURITY w/BARREL HOOD 1 TouchUp Touch Up Paint -Aerosol can 12 oz 2 HWMOO8S' Jaw-Jaw Turnbuckle, Galv 1/2" x 12" is AI B c o 3 TRIMETRIC VIEW SYMBOL. KEY: 0--.TEM NUMBER ~ITEM NUMBER ~ DVERQTY. 3 2 -------W'-------1 2 3 REF.# PART CE&CRIPTICIN ",TY. 1 Capped Embedded Column 4 2 RidgePole 1 3 Hlp Rafter Pole 3 4 Hlp Rafter Pole With Brackets 1 5 Rectal1gle Profile "YO' Connector 2 .A!~~';;&t ... ~I~q,}0J;~~{~~~;iS]l'ii~1t~TI:1~i~~j)J¥m~~~{~. 6"\ 6 Angled Elbow wi Fabric Hook 4 7 Shade Fabric Cover 8'~O" RD1824081N 2 1 1 8 Tumbuckle Assembly 2 9 1/4" Cable 10 Hardware Kit I KIT Grade SIDE VIEW U U 1--18'-0" COLUMN <l-l FRONT VIEW I. 24'-0" COLUMN <l ·1 J6 SUPERIOR SHADE DESCRIPTION: RI!!:DTANalULAR BINIiILI!!: F'RAMEI: qN EMI!!IEDDED COLUMNS BCALE: SHADE STYL.E:; SHEET; ZDtS AClAMISCIN INDIJ8TRIAL BOULEVARD VARIES HIP DESUIN 1 DF'.2 CARRClLLTClN, lilA 3D 1 1 & DATE: UNITS: PRDPOE;lAI.. Ne: 1-BBS-SZ9"S997 INCHES I F'EET 1 2 3 A B c o A B C D 3 RIDGE POLE ~ gABLE I TURNBUCKLE DETA'L §4 Clamps r 8'-0" EMBEpDED agLyMN DfjTA'L rr.=+-F 3'~O" 2 Field Drill & Secure With 114" x 1" Self Drilling & Tapping Screws After Frame Is Erect 1 1 -------------------------------l--------------------------- 1/4" Cable Within Fabric 30'-011 Diagonal PLAN VIEW HELPFUL FOR ASSEMBLY: WHEN STANDARD ELBOWS ARE PART OF ASSEMBLY. UNFOLD FABRIC TO DETERMINE WHERE TO LOCATE TURNBUCKLE RAFTERS FRDNT ELEVATIDN NDTE: A Hole Is Provided At The Base Of Each Column For One #5 Rod 2 "V" ConnecHan "y" CgNNECTllON DETAIL Fabric & Cable Rest Under Stub 3 Field Drill & Secure With 1/4" x 1" Self Tapping Screws After Frame Is Erect Rafter Cabl. End "A" Cable End "B" ~Field Drill & Secure With Bolt After Frame Is Erect SIDE ELEVATIDN- L,--=- --!2'-6"Sq I--REINF. 3#5 EW Top & Bottom SUPERIOR SHADE DESCRIPTIDN: RII:CT_IIU~ alNll1.E FRAME PN EM.aDDED ElDL.UMNIl SHEET: Z £IF Z 3 2 1 1 2 3 JJ A C D ___ .1 _____ _ A B c o 3 One Tum Buckle Bracket On One Rafter 2 Two Tum Buckle Brackets Two On Diagonal Rafters ~ r "C ~::J NOTE: One Of The Four Rafters Will Have A Connection Point For One Tum Buckle. Cable Ends Exit Fabl1c Hems, Wrap Around Elbow Leg From Opposite Sides, Run Along Underside Of Rafter And Connect To Single Tum Buckle. 1 2 3 Two Turn Buckle Brackets On Two Diagonal Rafters Cable Ends Tum Buckles NOTE: Two Of The Four Rafters Will Have Two Connection Points For Two Tum Buckles. Cable Ends Exit Fabric Hems, Wrap-Around Elbow Leg From OpPOSite Sides, Run Along UndersIde Of Rafter-And Connect To Tum Buckles. Two Tum Buckle Brackets On One Rafter 3 2 1 Turn Buckles NOTE: One Of The Four Ratters Will Have Two ConnecUon PoInts For Two Tum Buckles. Cable Ends Exit Fabric Hems, Wrap Around Elbow Leg From Opposite Sides, Run Along Underside Of Rafter Ana Connect To Turn Buckles. SUPERIOR SHADE DESCRIPTIClN: /SHEET: TURN BUCKLE LAYOUTS :3 !:IF' :3 1 2 3 A B c o SUPERIOR SHADE SHIPPING FEEDBACK FORM FAX TO: 770-834-2764 OR SEND VIA E-MAIL TO: CWEBB@SIlBRANDS.COM COMPANY NAME: SALES ORDER NUMBER: INSTALLER UNLOAD YES NO END USER UNLOAD YES NO SALES REP UNLOAD YES NO PACKING MATERIAL & SKID IN TACT? BOXES DAMAGED OR TORN? PAINT DAMAGE __ YES NO __ YES __ NO __ YES NO IF YES -PLEASE DESCRIBE OR SEND PICTURES PARTS MISSING __ YES __ NO IF YES PLEASE CONTACT SUPERIOR SHADE IMMEDIATELY! 7-888-829-8997 PLEASE PROVIDE ANY FEEDBACK YOU WOULD LIKE US TO LEARN FROM, TO BETTER IMPROVE OUR PACKING/SHIPPING PROCESS: 019 WARNING: Cables must exit through holes under webbing to ensure spacing for the FOUR cable clamps. 48 i ~ i :t 'S U PER 'I 0 H HIP SHADE DESIGN INSTALLATION CaVERS BDTH !'~. B BTTAANNDARD &< liLIDE.. ~ ~~ ~m~.« RECTANGULAR EMBEDDED RECTANGULAR WITH BASE PLATES SQUARE EMBEDDED SQUARE WITH BASE PLATES it INSTALLATION INTRODUCTION It is very important that you read this entire manual before beginning the installation process. We are continuously striving to improve our product, and the Installation Introduction will Contain the latest up-to-date information. STORAGE: When Shade Unit equipment is received at the job site it should be installed as soon as possible (within a few days). We package the equipment components to keep them safe and damage-free during shipment. However, the packaging material is not suited for periods of extended storage in an uncontrolled environments. The combination of moisture in the air mixed with heat generated inside the plastic shrink-wrap may cause damage to the finish of powdercoated frame members. If an immediate Installation Is not possible, certain steps should be taken to minimize the risk of damage to the components. If Shade components must be stored, ideally they should be kept in a controlled warehouse or storage container environment away from heat and moisture. If this is not possible, the packaging material should be removed. Care is recommended when using cutting blades to remove packaging. Keep blades away from powdercoated surfaces to avoid damage to finish .. INVENTORY: It is very important that you inventory all Shade equipment received using the Packing List that shipped with your unit. Review all Items for proper quantities and check for any damaged components. Notify Superior Shade immediately if any components are missing or damaged at (800) 356-4727. Superior Shade is not responsible for items discovered missing after 72-Hours from time of deliverv. IF YOU NEED TO REPLACE DAMAGED PARTS OR HAVE INSTALLATION QUESTIONS, PLEASE CALL OUR CUSTOMER SERVICE REPRESENTATIVES AT 888-829-8997 Monday -Friday 8:00 am -5:00 pm Eastern Time PAGE #1 ... w SHADE UNIT SITE PREPARATION Using the provided plan view drawing of your unit, locate the position of all four support columns. All loose asphalt, concrete and debris must be removed from the entire site prior to installation. Site must be graded as close to level as possible to aid in unit construction. Special installation considerations must be implemented for sites that are not level. The customeris responsible for checking local soil and drainage conditions within the site area. Proper drainage around the unit and the support columns is important. Inquire with local contractors in your area for drainage recommendations. Site must be surveyed for underground hazards such as Electrical Cables, Phone Lines and Gas or Water Pipes. Serious injury or death could result if these hazards are not first located and marked within the site. Never leave the job site unattended without making sure that all open holes are covered with material such as plywood. Rope off all unfinished construction to keep children away from site until job is complete. REQUIRED TOOLS (A) Safety Glasses (B) String Level, Magnetic Level (C) Rubber Mallet (D) Shovel 1 Post Hole Digger 1 Auger (E) Tape measure (F) Rechargeable Drill 1 Drill Bit Set (G) Socket Set (SAE) (H) Adjustable Wrench (I) Center Punch (J) Two Ladders (10' recommended) (K) Duct Tape (L) One 2" x 8" x 16" Wood Length (M) Multiple Scrap 2" x 4" x 8' Lengths (N) 1/2" x 4' x 4' Plywood Sheet (0) Wheelbarrow 1 Loader PAI3E #2 A B c D 3 2 1 2 3 SHADE UNIT COMPONENT INVENTORY 'Sj?[ ID ~ GLIDE ~, [0 (41 GLIDE DR STANDARD ELBOWS * (21 ''y'' CONNECTIONS (11 CABLE LENGTH Cable Will Be Installed Within Fabric If Shade Has Glide Elbows. (41 HEX HEAD BOLTS lUI (41 NYLOCK HEX NUTB IT ~ (41 CABLE CLAMPS Supplied With Shade Units Using Standard Elbows (2DI SELF' TAPPING SCREWS ~ p (41 BASE PLATE DR EMBEDDED COLUMNS L-______________________________________ ~p II (41 HIP RAF'TERS II ~Bracket Will Be Welded To One Rafter If Shade Structure Has Standard Elbows D I[ (11 RIDGE POLE [J) (321 ANCHOR ROD NUTS © (321 ANCHOR ROD WABHERS III FABRIC COVER TURNBUCKLE Turnbuckle Is Supplied With Shade Units Using Standard Elbows. (1 61 ANCHOR RODB Supplied With 12" x 12" Or Larger Base Plate Columna. SA 0 DRIVER TOOL A B c D 3 2 1 2 3 PAGE#S A B C D 3 2 1 STEP #1: Locate and mark the positions of the four upright columns. Refer to the specific dimension information for your Shade unit provided in this packet. EMBEDDED COLUMNS: -Excavate footings In accordance with the dimensions specified for your Shade unit. Refer to the specific dimensions provided for your unit within in this packet. -Place a 3" block in the bottom of each hole. -Place a column Into each hole on top of each block. -Block and brace each column Into position making sure that thQY are plumb and remain on centers. The distance between the columns at the top between cap centers must be correct. -Pour concrete around columns until it is three Inches below grade level. Allow concrete to harden for 48-hours before proceeding to next step. BASE PLATE COLUMNS: -Excavate footings for concrete pads in accordance with the dimensions specified for your shade structure. Refer to the specific dimensions provided In this packet. -Cut the plywood sheet into four squares 2" larger than your base plates. Working from the cenlar, mark off the hole pattern that applies to your base plate. Mark the center point of the column as well. -Drill four holes through the plywood at the outer marks. Make the holes slightly larger then the anchor diameter. -Insert the four anchors through the holes. Thread a nut completely over each anchor on top of the plywood. The four anchors should hang from the plywood. -Fill the footer holes with concrete to 4" below grade. -Place one Plywood sheet with anchors over each footer submersing the anchors into the concrete. Make sure the the center marks are on your column centers. -After the concrete has started to harden you must remove the hardware and plywood from each footer. -Let concrete harden for 48-hours. -Re-thread a nut over each anchor down to the concrete. Place a washer over each anchor followed by each column base plate. Adjust the nuts under the base plates to plumb each column. Insert a washer and thread a nut over each anchor tight against base plate. -Apply concrete Grout base between base plates and concrete. 3 2 1 ~ r " 1 LENGTH TCPVIEW COLUMN DIAGONAL q rsQl~~R~ 7"TYP. 31/2" t;b3.5".5" COWMN ~1 6" T ~ 3" 11" jsQUAR~ Derhl <' I J4elniOrCemeni ~.---T J 8 Steel Rod L 3': TYP. Squore Wldlh NOTE: A HOLE IS PROVIDED AT THE BASE OF EACH COLUMN FOR ONE 114 ROD 1 2 3 h 20" SQUARE ¢1 1/8" :l 71/2" TYP. 73/8" I TYP. ¢6.6" COLUMN Concrele • GrOUI~r.2!:.!)"t~f== I 0 Washer i'Nul Washer & Nul Under Plale 3" TYP. Anchor T..¥, ~ .,~ j. iRelnforcemen SfeeJ Rod SQUARE WIDTH L C D 2 3 PAGE #4 AI BI c o 3 2 Rafter with Elbow-...,. // '\.'\. ./ ........ _ ....... II II Column Column I !::I STEP #2: -Begin the frame assembly by inserting the tappered ends of two elbows into the non-tappered ends of two rafters. HELPFUL HINT: Wrap the Joined parts with Duct Tape over the seam to hold them In place. Standard Elbows: One of your four Rafters will have a welded turnbuckle bracket along Its length. Location of this Rafter is optional but Turnbuckle Bracket must be toward ground. -Using adequate manpower and ladders, 11ft the two rafter assemblies and slide open leg of elbow down over the top of the column cap. 3 2 1 1 ----w----2 3 Ridge Pole Rafter-\~ ~ l.V" Connection .... /I Top Tube Leg-..,. II ~leg Outer "V" Connection ~ II .'yI' CONNECTIDN A STEP #3: -Slide the legs of a "Y" Connection over the tappered ends of the assembled rafters. -Insert one of the tappered ridge pole ends into the "Y" Connection top tube. -Slide the top tube of the second ''Y'' over the remaining tappered Ridge Pole end. -Wrap all Joining seams with Duct Tape to hold them In place. ------------- STEP#4: Notched Board [j NOTCHED BOARD END 2" X 4" Brace -Cut a vee notch In one end of the 2" x 8" that will craddle the ''Y" Connection top tube. Cut length from the bottom of the board to equal height of ridge pole above ground. Add a 2" x 4" brace across the bottom. Place the boards under the outer ''Y'' to support the assembly. IA IB c o 1 2 3 PAGE-#S '".---------------1-- A B C D Column Cap---.l. STEP#5: 3 Elbow 2 ''V'' Connection Notched Board -Insert the remaining two Elbows into the non- tappered ends of the remaining Rafters. Wrap seams with Duct tape. 1 Elbow -.Insert the tappered ends of the Rafter assemblies into the suspended "Y" Connection. -Raise the rafters now connected to the Ridge Pole and pull Elbow legs over remaining Column caps. Slide Elbow legs down over Column caps completely. HELPFUL HINT: Have a third person 11ft .the board to raise the Ridge Pole when pulling Elbows Into position. This will help locate the Elbow legs over the Column caps. 3 2 1/4" x 1" Self Tap Screw rNYIOCk t N "! -- Column Cap STEP#6: Gild. Elbow Rafter 1 2 Tamper Proof Bolt -At this point the frame is complete and all Duct Tape can be removed. -Using a steel center punch, strike a point on one side of each elbow 2" above the column cap plate. Field drill a hole completely through the elbow and cap on your mark. Use a 7/16" bit for 3/S" bolts and a 9/16" bit for 1/2" bolts. -Install the provided 3/S" or 1/2" hex head bolts through the hole and secure with a Nylock hex nut of the same size. -Remove Protective Covers from Glide. Elbows if applicable. -Strike a point on each side. of each Rafter 2" above the joining seam with the Elbow. -Field drill a 3/16" hole through the rafter and Elbow end at each location. -Install a selftapplng screw In each hole using the provided tool and drill. STEP#7: -Strike a point on each side of the three ''Y'' Connection legs 2" above the Rafter Joining seam. -Field drill a 3/16" hole through the "Y" legs and Rafter end at each location. -Install a self tapping screw In each hole using the 8.-. provided tool and drill. 2 3 Standard Elbow A B C D Rafter 3 PAGE #e --,- A B C o 3 2 1 Cable & Fabric Stub Cable Inserts Into Hem o Hem Elbow Hook/Stub Hole Cable Cable Exits Hem Standard Elbow ·~Ham c:::> FabrlC~ '. fr fr(o'\ j~ <:=J STEP#8: • Unroll the Fabric Cover and lay It flat with the bottom (Hem side) up. • Insert one end of the cable into the one of the two Hem openings at a corner. Feed the cable through the hem until it exits at the next comer. Pull the cable completely through leaving 1'· 3'" at the Insertion end. • Tuck the end that just exited back into the adjacent hem ~m the same corner. • Repeat this procedure until both ends exit the same corner. 3 2 1 Entry 1 STEP#9: Securing Fabric Cover Cable Fabric Hook 2 3 Cable Clamps NOTE: Larger shades will have a Cable Guide at the base of the fabric hook to separate the cable from the fabric. Before attaching fabric make sure that all glide hooks are In their highest position at the top end of the slot. • Working from either end of the structure, pull the Fabric cover over the framework with the HEM SIDE DOWN, • Start with one of the corners without the loose ends. Pull the cable over the hook and· place in cable guide if applicable. • Pull the Febrlc Strap sewn to. the corner underside over the hook. • Pull the comer over the hook inserting hook through hole in fabric fabric. • Repeat procedure at all corners without the loose ends. Be sure that cable Is always below fabric, NOTE: Fabric will be tight and may need pulled over hooks. ·Cross cables over within the cable guide or hook at the remaining corner. Draw cables tight removing all slack, Secure the cables together with two clamps on either side of hook. Tuck loose cable ends back into fabric hems. Standard Elbow Application LCable End "A" JCable Clamps A B C o 1 2 3 PAIiIE #7 ATTENTION! Metal Shavings Must Be Removed To Prevent Corrosive Staining. All Metal Shavings From Drilling Hole Through Cap Must Be Cleaned Off. Have One Person Lift The Elbow And Rafter Off Of The Elbow Cap While Another Person Cleans Off Metal Debris. Spray Holes Drilled Through Elbow Cap With Paint To Prevent Corrosion. It Is Recommended That A Bead "" Of Clear Silicone Caulk Be Placed • • ./ Around ,The Bolt Head, The Nut And Where The Elbow Meels the Column A B c D 3 Cables Cross Over Each Other Under Stub.-, STEP#9: Standard Elbows Cable Clamc 2 -Locate the Rafter with the Turnbuckle Bracket. 1 This will be the corner where the loose cable ends of the Fabric cover will be located. -Starting at the corner diagonal to the loose cables, pull the cable and Fabric corner hole o.ver the stub welded to the tip of the Elbow. Cable must go over first. -Move to the adjacent two corners and repeat this procedure. NOTE: Fabric will be tight and may need pulled by rope and guided over stub. -Attach one end of the supplied Turnbuckle to the Bracket. Extend the Turnbuckle to near full length leaving one inch of threads unused at each end. -Pull one of the loose cable ends around the Elbow leg under the stUb. Run the cable end up the rafter and loop It through the remaining Turnbuckle end. Pull cable snug tight and secure snug tight with cable clamp. -Repeat this procedure with remaining cable end crossing over the first cable under stub. Pull this cable as tight as possible before clamping. -Pull Remaining Fabric corner hole over Elbow stub using rope If necessary. -Re-adjust both cables as tight as possible before securing with two cable clamps per cable. -Rotate Turnbuckle to apply more tension to cables being careful not to over tighten. 3 2 1 Bracket 1 2 Protecllve Cover ·Draln Opening At The BO"Om~. ~ M---=h washer~, , , 3 STEP#10: ''-cover Boll ril/ae Elbow: -Remove protective cover from Elbow end using standard Allen head wrench or provided T-45 Torx wrench. STEP#11: -Rotate Hex Nuts within Elbow ends the same amount at all corners to tension or loosen Fabric Cover. Be careful not to over tighten cable and fabric. -Re-insert protective covers and secure with hardware. 1 2 3 A B c D PAGE #a FABRIC & SHADE STRUCTURE SPECIFICATIONS 1.01 FABRIC SPECIFICATIONS A. UV shade fabric is made ofUV stabilized cloth manufuctured by ALNET, or approved equal. B. The high density polyethylene material shall be manufactured with tensioned fabric structures in mind. C. The fabric knit is to be made using monofilament and tape filler which has a weight of 9.38 to 10.32 oz. sq. yd. Material to be Rachel-knitted to ensure material will not unravel if cut. D. Burst strength of3.7Kn. E. Cloth meets fire resistance tests as follows: Alnet Extra Block: California State Fire Marshall Reg. #F-50303 Others: NFPA 701-99 (Test Method 2) ASTME-84 F. Fabric Properties STRETCH STENTORED Tear Tests (lbs) WARP 31 Ibs/inch WEFT 34 Ibs/inch Burst Tests (Kn) 3.7Kn Fabric Weight (ozlm2) 9.38 to 10.32 oz. sq, yd. Fabric Width 10' Roll Length 150' Roll Size 63" x 16.5" Weight 1201bs. Life Expectancy 10 years Fading Minimum fading after 6 years. 3 years for red. Temperature -22 degrees Maximum Temperature 167 degrees 5' 1.02 THREAD A. Shall be 100% expanded PTFE fiber which carries an 8 year warranty that is high strength and low shrinkage. B. Shall have a wide temperature and humidity range. C. Abrasion resistant and UV radiation immunity . . D. Shall be unaffected by non-hydrocarbon based cleaning agents, acid rain, mildew, rot, chlorine, saltwater, and pollution. E. Lockstitch thread -1200 Denier or equal. F. Chainstitch thread -2400 Denier or equal. 1.03 STEEL TUBING A. All fabricated steel must be in accordance with approved shop drawings and calculations. B. All steel is cleaned, degreased or etched to ensure proper adhesion of powder-coat in accordance with manufacturer's specifications. C. All steel used on this project needs to be new and accompanied by the mill certificates if requested. Structural steel tubing up to 5"-7 gauge shall be galvanized per Allied Steel FLO-COAT specifications. Schedule 40 black pipe fabrications shall be sandblasted and primed as described below. D. All non-hollow structural shapes comply with ASTM A-36, unless otherwise noted. E. All hollow structural steel shapes shall be cold formed HSS ASTM A-53 grade C, unless otherwise noted. F. Plate products shall comply with ASTM A-36. 1.04 POWDER COATING & PRIMING A. All non-galvanized steel shall be sandblasted and primed prior to powder coating using G50 steel grit. B. All non-galvanized steel must be coated with rust inhibiting primer prior to applying the powder coat. Primer shall be Cardinal Industrial Finishes Corp. E396 - GR1372 epoxy powder coating semi gloss smooth zinc rich primer. C. Welds shall be primed with rust inhibiting primer prior to applying the powder coat. Primer shall be Cardinal Industrial Finishes Corp E396-GRI3 72 expoxy powder coating semi gloss smooth zinc rich primer. D. AIl steel parts shall be coated for mst protection and finished with a minimum 3.5 mil thick UV-inhibited weather resistant powder coating. E. Characteristics: Powder used in the powder-coat process shall have the. following characteristics: N.3.l Specific gravity 1.68+/-0.05 N.3.2 Theoretical coverage 114+/-4 ft 2/Ib/mil N.3.3 Mass loss during cure <1% N.3.4 Maximum storage temperature 75 degrees F E. Powder-coating shall meet the following tests: ASTM Gloss at 60 degree 85-95 HOI TM 10.219 PCI Powder smoothness . 7 ASTM D2454-9I Over-bake resistance time 200% ASTM D3363-92A Pencil hardness H-2H ASTM D2794-93 DirlRev Impact, Gardner 140/140 inllbs ASTM D3359-95B Adhesion, cross hatch 5B Pass ASTM D522-93A Flexibility Mandrel W' dia. No fracture ASTM B II 7-95 Salt Spray 1,000 hOUTS ULDtOV2 Organic coating steel enclosures, elect eq. Recognized F. Application Criteria N.5.1 Electrostatic spray cold Substrate:0.032 in. CRS N.5.2 Cure Schedule 10 minutes at 400 degrees F N.5.3 Pretreatment Bonderite 1000 N.5.4 Film Thickness 3.5 Mils 1.05 WELDING A. All shop welds shall be executed in accordance with the latest edition of the American Welding Society Specifications. 3 &J B. Welding procedures shall comply in accordance with the A WS D I.I-A WS Structural Welding Code-Steel. C. All welds to be perfonned by a certified welder. All welds shall be continuous where length is not given, unless otherwise shown or noted on drawings. D. All welds shall develop the full strength of the weaker member. All welds shall be made using E70xx.035 wire. E. Shop connections shall be welded unless noted otherwise. Field connections shall be indicated on the drawings. Field -welded connections are not acceptable. F. All fillet welds shall be a minimum of y,," unless otherwise noted. G. All steel shall be welded shut at terminations to prevent internal leakage. H. Internal weld sleeving is not acceptable. I. On-site welding of any component is not acceptable. 1.06 SEWING A. On-site sewing of a fabric will not be accepted. B. All comers shall be reinforced with extra non-tear cloth and strap to distribute the load. C. The perimeters that contain the cables shall be double lock stitched. 1.07 INSTALLATION HARDWARE A. Bolt and fastening hardware shall be determined based on calculated engineering loads. B. All bolts shall comply with SAE-J429 (Grade 8) or ASTM A325 (Grade BD). All nuts shall comply with ASTM F-594, alloy Group I or 2. C. Wire rope cable shall be 7xl9 strand galvanized wire rope with a breaking strength of7,000 lbs. (1/4" diameter) for shades generally under 1400 sq. ft. unless requested larger by the customer. For shades> 1400 sq. ft. cable shall be 5/16" @9800# breaking strength. D. All fittings required for proper securing of the cable are hot dipped galvanized. 1.08 CONCRETE A. Concrete work shall be executed in accordance with the latest edition of &1 American Concrete Building Code ACI 318 unless specified by the governing municipality. B. Concrete specifications shall comply in accordance with, and detailed as per plans as follows: 1. 28 Days Strength F' c = 3000 psi 2. Aggregate: HR 3. Slump: 3-5 4. Portland Cement shall conform to C-150 5. Aggregate shall conform to ASTM C-33 C. All reinforcement shall conform to ASTM A-615 grade 60. D. Reinforcing steel shall be detailed, fabricated and placed in accordance with the latest ACI Detailing Manual and manual of Standard Practice. E. Whenever daily ambient temperatures are below 80 degrees Fahrenheit, the contractor may have mix accelerators and hot water added at the batch plant (See Table 1). F. The contractor shall not pour any concrete when daily ambient temperature is below 55 degrees Fahrenheit. Temperature Range % Accelerator Type Accelerator 75-80 degrees 1% High Early (non calcium) 70-75 degrees 2% High Early (non calcium) Below 70 del!;fees 3% High Early (non calcium) 1.09 FOOTINGS A. All anchor bolts set in new concrete shall be ASTM A-325 . B. All anchor bolts shall be hot dipped galvanized. C. Footings shall be placed in accordance with and conform to engineered specifications and drawings. 55 s.u PER I UR WARRANTY General Conditions: • The warranty set forth shall be the purchaser's sole and exclusive warranty. • All warranties below are effective from the date of installation by Superior Shade, its subsidiaries or agents. • Superior Shade reserves the right to repair or replace any item covered by this warranty. • This warranty will be void if the structures are not paid for in full. • The warranty is void if the structures are not installed in strict compliance with the manufacturer specifications. • Purchaser shall notify Superior Shade or its agent in writing detailing any defect for which a warranty claim is being made. • Superior Shade shall not in any event be liable for indirect, special, consequential or liquidated damages. • Superior Shade specifically denies the implied warranties of fitness for a particular purpose and merchantability. • The warranty is void if any changes, modifications, additions or attachments are made to the structures or fabric without the written consent of the manufacturer. • No signs, objects, omaments, fans, lights, fixtures or decorations may be hung from the top part of the structure, unless specifically designed and engineered by the manufacturer. These items may interfere with the fabric causing the warranty to be voided. Thread: • Superior Shade warranties its sewing thread for a period of eight years. • This warranties that the sewing thread will be free from defects in material and workmanship and will not be damaged by exposure to sunlight, weather and water. • All other warranties are disclaimed. • Labor for the removal, installation and/or freight charges, or tops with damage caused by thread will only be covered in instances where Superior Shade had installed the shade structures. In all cases where shade structures were not installed by Superior Shade or its agents, all labor for the removal, installation and/or freight will be at the customers' expense and the warranty will only be applicable to the repair or replacement of the defective materials. Rev. 11-28-07 page 1 of 3 Fabric: • Superior Shade fabrics carry a ten-year limited manufacturers warranty from the date of installation against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration with the exception of the umbrella shade structures which carry a three-year limited warranty. Should the fabric need to be replaced under the warranty, Superior Shade will manufacture and ship a new fabric at no charge for the first six years, thereafter pro-rated at 18% per annum over the last four years. • All fabric curtains, valences and flat vertical panels are not covered under the warranty. • Fabric is not warranted where it is installed on a structure that is not engineered and built by Superior Shade or its agents. • This warranty shall be void if damage to or failure to the shade structure is caused by contact with chemicals, misuse, vandalism or any act of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. • All fabric tops are warranted for sustained winds up to 76mph (hurricane force 1) and for gusts of up to 3 seconds duration up to 90mph with no snow or ice accumulation. • The structures have been designed to eliminate any friction between the rafters and the fabric. The warranty will, therefore, be voided if any modification (temporary or permanent) is made to the rafter, cross pieces or ridge beams. • Labor for the removal, installation and/or freight charges will be covered in full for a period of twelve months where the shade structures supplied and installed by Superior Shade are defective. In all cases where the shade structures are not installed by Superior Shade or its agents, all labor for the removal, installation and/or freight will be at the customers' expense and the warranty will only be applicable to the repair or replacement of the defective materials. • Superior Shade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. The company does not warranty that any particular color will be available for any period of time and reserves the right to discontinue any color for any reason it may determine, without recourse by the owner of the discontinued fabric color. Steel: • The structural steel frames are covered for a period of twenty years against failure due to rust corrosion or faulty workmanship. • Workmanship and painted surfaces are warranted for a period of twelve months. This warranty shall be void if damage to the steel frame or paint is caused by contact with chemicals, misuse, vandalism or any act of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. Acts of Nature: • This warranty does not cover natural disasters, such as earthquakes, shifts of terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Rev. 11-28-07 page 2 of3 51 Acts of Nature: (continued) • Structures are warranted for winds up to 145mph only if shade canopies have been removed as per requirement set forth above in the Fabric paragraph. Removal and reinstallation must be performed by an authorized Superior Shade installer unless otherwise specified in writing. Installation: • Labor for the removal, installation and/or freight charges will only be covered in instances where Superior Shade or its agents have installed the shade structures. In all cases where units were not installed by Superior Shade or its agents, all labor for the removal, installation and/or freight will be at the customers' expense and the warranty will only be applicable to the repair or replacement of the defective materials. Rev. 11-28-07 page 3 of3 58 "Attachment A to Bid Package" PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK RFP PRlO 18·09 Public Housing and Community Development Federal Labor Standards and Section 3 Requirements 59 CERTIFICATION OF RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project SHADE INSTALLATION -BREWER PARK -CITY OF SOUTH MIAMI (N,meof.rojm) Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the contents of U.S. Department of Labor requirements, particularly the requirements contained in Wage General Decision Number FL180221. MCDII2. 03/16/2018 - HIGHWAY that is applicable to this project. I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United States Department of Housing and Urban Development and described in Form HUD-4010 and those requirements contained in Wage General Decision Number: FL180221. MCDil2. 03/16/2018 -HIGHWAY forthis project. Agency Name: Employer 10 II/FlO II: Legacy Construction Services Group I 27-1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 () Authorized Signature: '//\.~ V Print Name: Title: 0_,,1 .. 1 I Q~[Je[ I Date: 05/23/2018 Check one, as applicable: xx Contractor __ Subcontractor Other Page 7 of 55 NONCOLLUslON AFFIDAVIT STATE OF: COUNTY OF: ________ _ _ .....;:_~ _ _'__ __ _'___'-'-_'_ _ _'. being first duly sworn, deposes and says that: Legacy Construction Services Group He/she is -=-"O'-'w.!.!n .... e .. r-:-__ -:-____ of • the Bidder that has submitted the attached Bid. (1) (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives. employees or parties in interest, including this affiant has in any way colluded, conspired. connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid price or the Bid price of any other Bidder. or to secure through advantage against the City of South Miami (Local Public Agency) or any person interested in the proposed contract; and (5) The price or prices quoted in the attached Bid are fair an collusion, conspiracy, connivance or unlawful agree me its agents, representatives, owners, employees, or pa proper and are not tainted by any n the part of the Bidder or any of ~.thiS affiant. (sIGNEDI_---j~ ______ _ Vic President Title Subscribed and sworn to before me this ___ day of (. .20_~ __ ',. ~ Ja'tWWAMS Q.i)'! . UVCQllMlSSlON.GGI17393 • • EXPIRES: Juno 21. 2021 '. _l1I1uNoayNlIlcIlndelwdlln My commission expires: ___ _ Page 14 of 55 OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has ~ has not 11.-. participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has _, has not L-filed all required compliance reports; and that representations indicating submission of the required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) For Contracts not subject to Executive Order 11246: In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to insure that applicants for empJc?yment are employed, and that employees are treated during employment, without regard to their race, color religion, sex, or national origin. Such action shall include, but not limited to, advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government settingforthe provisions of the nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin. For Contracts who are subject to Executive Order 11246, see page 40-41 B. AFFIRMATIVE ACTION The bidder represents that he has ( ) has not ( ), participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has not ( ) developed a written affirmative action compliance program for as required by the rules and regulation of the Secretary of Labor (41CFR 60-1 and 60-2); it has not x previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor; that he has ( ) has not ( ), filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior.to contract and/or subcontract award. C. COPELAND ANTI-KICKBACK By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled "Anti-Kickback Procedures" as stated in 24 CFR part 85.36 as follows: Page 21 of 55 All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. By submission of this bid, the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. D. FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT, STATE OF FLORIDA, OR MIAMI- DADE COUNTY ATTIME OF AWARD. This certification applies to a contract or subcontract in excess of $25,000 By submission of an offer, the bidder certifies that it has provided full disclosure in writing to City of South Miami (name of implementing agency) whether as ofthe anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred, or proposed for debarment by the Federal Government. State of Florida. or Miami- Dade County. By commencing performance of the Contract work, the selected contractor certifies that it has made full disclosure in writing to South Miami (name of implementing agency) as to whether as of the time of award it or any of its principals is debarred, suspended, or proposed for debarment by the Federal Government, State of Florida. or Miami-Dade County. E. NONDISCRIMINATION CLAUSE Section 109, Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin or sex be exCluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109, Housing and Community Development Act of 1974. F. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non-discrimination on the Basis of Ase No qualified person shall on the basis of age be excluded from pa.rticipation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. Page 220155 G. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non-discrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. H. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION PROSPECTIVE TIER AND/OR LOWER TIER TRANSACTIONS By submission of the document, the prospective tier and lower tier participants certify, that: 1. Neither it nor its principal,S is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction, by any Federal department or agency. a. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falSification or destruction of records, making false statements, or receiving stolen property; b. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and c. Have not within a three-year period preceding this application had one or more public transactions (Federal; State, or local) terminated for cause or default; and 2, Where the prospective tier or lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Agency Name: Employer 10 II/FID II: I Legacy Construction Services Group I 27-1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road Tallahassee, FL 32311 Authorized Signature: Print Name: Paul Adrianse Date: I 05/23/2018 Check one, as applicable: X Contractor Title: I Vice President Subcontractor Other Page 23 0155 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) ReqUiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 8490 Cabin Hili Road, Tallahassee, FL 32311 Check 0 if there are workplaces on file that are not identified here. Agency Name: Employer ID #/FID #: I Legacy Construction Services Group I 271850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hili Road, Tallahassee, FL 32311 Authorized Signature: Print Name: Title: I Paul Adrianse I Vice President Date: I 0512312018 Check one, as applicable: X Contractor Subcontractor Other Page 25 of 55 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Agency Name: . Employer 10 #/FID #: I Legacy Construction Services Group I 27·1850232 Full Address (including City, 51 and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 () 'l~ Authorized Signature: Print Name: ntle: Paul Adrianse I VP Date: I 05/23/2018 Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 27 0155 10) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and is committed to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era. 11) The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. Agency Name: Employer 10 #/FIO #: I Legacy Construction Services Group I 27-1850232 Full Address (including City 5T and Zip) and Email Address , 8490 Cabin Hill Road, Tallahassee, FL 32311 II Authorized Signature: /~ Print Name: Title: Paul Adrianse I I VP I OMe: ~IO=5a=3/~20~18~ ______________ ~ Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 30 of 55 the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance Agency Name: Employer 10 #/FID #: I Legacy Construction Services Group I 27-1850232 Full Address (including City ST and Zipl and Email Address , 8490 Cabin Hill Road, Tallahassee, FL 32311 11 7!,r--- Authorized Signature: Print Name: Title: Paul Adrianse I I VP I Date: L.:10::5/:::23::12::.01:.:8 _______ ---' Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 32 of 55 by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Agency Name: Employer 10 #/FID #: 1 Legacy Construction Services Group 1 1...1 ___ 27_-_18_5_0_2_32 _______ --' Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 Authorized Signature: Print Name: Title: 1 I VP ~----------------------~ Paul Adrianse Date: 1L::05::::/2::::3/::::20:..:;18::....-_______ --' Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 42 0155 CERTIFICATION OF NONSEGREGATED FACILITIES 1. "Segregated facilities," as used in this prOVision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker room.s and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. 2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid, the bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will: a. Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files; and c. Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed subcontractors. d. By commencing performance of the Contract work, the selected contractor certifies to the Nonsegregated Facilities provisions above. Note: The penalty for making false statements in offers is prescribed in 18 U.S.c. 1001 Agency Name: Employer 10 #/FID #: I Legacy Construction Services Group I LI ___ 2_7_-1_8_5_0_23_2 _______ .-l Full Address (Includirm City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311//1 Authorized Signature: Print Name: Title: ===-______ 1 I VP Paul Adrianse . Date: I 05/23/2018 Check one, as applicable: x Contractor ___ Subcontractor Other Page 43 of 55 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON SEGREGATED FACILITIES A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. The certification may be submitted eitherfor each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.c. 1001 Agency Name: Employer 10 #/FID #: I Legacy Construction Services Group I 27-1850232 Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 J) Authorized Signature: Print Name: Title: Paul Adrianse I I VP Date: 0512312018 Check one, as applicable: x Contractor ___ Subcontractor ___ Other Page 44 of 55 NOT.ICE OF REQUIREMENT. ClEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of $150,000, agree to the following requirements: 1. Any facility to be utilized in the perfonmance of this proposed contract has ( ), has not ( ) been listed on the Environmental Protection Agency List of Violating Facilities; 2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 ISC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; 3. The contractor or any of its subcontractors agree that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency (EPA) indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities; and 4. The Contractor or any of its subcontractors agree that he will include or cause to be included the criteria and requirements in paragraph 1 through 4 of this section in every nonexempt sub-contract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. 5. The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act of 1970 (42 U.S.c. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.c. 1251 et seq.) as amended and with the Lead-Based Paint Poisoning Prevention Act (Public Law 91-695). All applicable rules and orders of the Federal Government issued there under prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors, and assignees. Violatiqns by contractors will be reported to the U.S, Department of Housing and Urban Development and the Regional Office of the Environmental Protection Agency. Agency Name: ~Em~p~lo~ye~r~I~D~#~/F~I~D~#_: ______________ -, I Legacy Constnuction Services Group LI_2_7_-_1_85_0_2_3_2 __________ ---l Full Address (including City, ST and Zip) and Email Address 8490 Cabin Hill Road, T.allahassee, FL 3231'1/J ~ Authorized Signature: ___ 1--=-0·_' ________________ _ Print Name: T.itle: Page 45 of 55 .. _, .••.. ,,_~."'~,,",.'" .,>C ... ',.'.,"",_ .... '.' ,- Paul Adrianse VP Date: I 0512312018 Check one, as applicable: -X--Contractor ___ Subcontractor ___ Other Page 46 of 55 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) la) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED ANO SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to _"'C ... ity .... of'-'S"'o"'u .. th!.!..!>M"'ia"'mui'--__________ _ by PaulAdrianse (Print individual's name and title) For LegacyConstructjon Services Group Inc (Print name of entity submitting sworn statement) whose business address 8490 Cabin Hill Road Tallahassee EL 32311 and if applicable its Federal Employer Identification Number (FEIN) is27-1850232 If the entity has not FEIN, include the Social Security Number olthe individual signing this sworn statement. 2. I understand that a "public entity crime" as defined in paragraph 287.133{l)(g), Florida Statues, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "conVicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime, or Page 47 of 55 b) An entity under the control of any natural person who is active in the management ofthe entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when nat for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues,. means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) _xx ___ Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND Page 48 0155 THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRA IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA R A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Sign ure) Sworn to and subscribed before me this ____ day of --'!:..... _~ ____ -'. 20 __ . Personally known ___________ -'--'-_-'-..:... __ -'-____ _ Or produced identification ________ _ Notary Public-State of __ ...:.....----'.. __ My commission expires,_'~: ___ _ (Type of identification) ~ JOYWII.I.WoIS W. MYCOMMISSION#GGl17393 .,. EXI'IRES: June 21.2021 01 BcnIod1lluNalalyPllbIlc_ (Printed, typed or stamped commissioned name of notary public) Page 49 0155 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Agreement To Authorize Examination of Records and Adhere to Records Retention Requirements The undersigned agrees to the stipulations noted below for all work, materials, and services provided under this agreement dated OS/23/2018 and/or for all other third-party agreements/contracts for labor, materials, and services related to the work covered by this agreement for the Brewer Park SbadesMam lei Cornnado bas ~!iIiil:tDnstruction for the last 18 years of his I~e, with an emphasis on structural concrete. I has become an expert installer of playground equipment and shade structures.Manuel Coronado has been working in construction for the last 18 ydlM;I4fI~lilfjgllllflllihllj/pll_tIIl,s8DtILMI1l411r1i!1$1i~h~R"_lm;till~eIlCjlilllftlelllItl1Mllmirstructures. Dade County, the Department of Housing and Urban Development, or Comptroller General of the United States, or any of their duly authorized representatives shall, have access to and the right to examine any of the following records from the awardee, sub-recipient, developer, contractor, subcontractor, suppliers and/or any other entity involved in any capacity in the above-referenced project/activity, for seven (7) years after final payment under contract. Records shall include, but are not limited to, the following: Contracts, SUb-contracts, audits, financial books, ledgers, copies of canceled checks (front and back), wire transfer confirmations, payment requests (draws), invoices, receipts, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes, other media storage, pertinent books, documents, papers, or other records- whether physical, electronic, or in any form-involving transactions related to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. The awardee, SUb-recipient, developer, contractor, sub-contractor, sub-tier, suppliers and or any other entity involved in any capacity in the above-referenced project shall adhere to the follOwing records retention requirements: a) Maintain, and require that its SUb-contractors and suppliers maintain complete and accurate records to substantiate compliance with the requirements set forth in the contract/agreement documents for this project. b) The undersigned shall retain such records, and all other documents related to the services and materials furnished for this project, for a period of three (3) years from the completion of the activity or project. Other information: a) the County may conduct unannounced visns to offices, satellite offices, work snes, supplier warehouse, etc. of all entities involved in any capacity in the above-referenced project. b) Pursuant to the contract, there may be additional records requirement not listed in this agreement. 1-I Rg~ Coostnictioo Services GmllP 127 -150 12 Full Address (includina CitY, ST and ZiD\ and Email Address 8490 Cabin Hill Road, Tallahassee, FL 32311 () ~/ ~ '-----Signature: Print Name: Date: r Paul Adrianse l r 0512312018 I I Title: VP Check one, as applicable: _ Developer _x _ Prime-Contractor _ Sub-contractor or sub-tier sub-contractor Page 50 of 55 3/23/2018 https:llwww.wdol.gov/wdollscafiles/davisbaconIFL221,dvb?v=2 .,', ',' . General Decision Number: FL180221 03/16/2018 FL221 superseded General Decision Number: FLl0170221 s,tate: Florida (Instruction Type:' Highway County: Miami-Dad,e County in Florida " ff!:!lHWAYCONSTRIJCTION ,PROjECTS NqJ:~; li!iJ<!er ,~~il~(jt~yeQrdei" (~O) 13658" an, hliur}yf!ltn1mUril wage Qtf$le.~5 for C;~:I;EiQi!~P y~~r 201~appliestoaUco"tra:tri:s ~1j~Jett to the' ,!l.v:!l;,~·l},a~g!i Mtf!:,r ,J.lhiC~ the contract, b ' alitilbded (an~ anysQll,,:I,~af;:I;Qf!,w~s ,iss,ll!~d) on or ,aft..,,, ,qanu~ty 1,~J1l5. I.f thfs~br\tract i" tgVi;!r~d~y:th~'EP} ,the,contractor 'i1i~!(t,payall workersina~y,claMi#q~t:J:iii1 i~stedgn this'wag!!' ,d~te;rm~il~t~,Oh ,.tl!>ast ~~0.a5 ~er'~oW'(!lr 'i:it~;~fip$~cabl" wage "."t"'.lii,~.t~q '!lri,thi~iwag!!, detel'l!!~rl¢tQn,j..f 11:: ·~$~,~Jbli,t'), for li!j"lhc:;~"~ '$p~ijtper:FQ"IP~IiIII,Qn 'th~cont~c:t :~nca:~~r~~r ,year ~1i18. ,TheE()!!I'i.I\~\I!Vmo/~gerait~w$$lber,adjus.ted .~~rtA~ll.Y, piJ.:c.'!.;e ilpfe th~t tM$~Qappw~~,~,·t~tb~""b!>\re.me~~i'!ned tYPe$ "f,~Q"tt'a(tsent!!,,!!'d ir;:t!> bjrf~e, '~#ijra~~4veri!!i!elit~h~t .~re ~(iI>Jii~t Jo the,l1a.vl~"Bac:on~pt~~!I~~~.b~,:'.it1,\~~li,$;,nj)1:appry to ,.;q~fb!if,tssullj~¢ll '~nl~ tQ t~e lla.vi:";!l~(!ln~!1~~~.\IA'I11;s. ,,' in"i'acj~ff.~hQ$esetfol'ithat':al!'CF!I' 5.~(ii) r'zl-16i!'). A~d;l;'tiQ)1al ihf,o"""at:l9M ,on qlmtra'Mr r~qi:!ir~lIlen'ts ahdwor~errmotect!lo)1~ "rid",. t/lI1EO is aiia~ll!bte ~twww"iij!ll"gov/lmllrg";'l;ontrad:s. Mod:l:"fi;caUon NUlllber o 1 2 publicatiQPOate e:V9s/~1II' 92123/:1918 93llEi/tal8 ~' ELEC9349-082 03/05/201~ Rates E,LECTRICIAIlf ...................... $33 .11 Fringes 12.,31 _ .. -..... w ,,-_,_ .... _____ ... _ .. -..,._,.. .......... ",-.. ",, _____ -_ .... _,N __________ .. _ ........ ' ......... _ .... ___ _ SUFL2013-03908/19/2013 Rates CARPENTER ........................ $ 17.84 CEMENT MASON/CONCRETE FII'IISHER, Includes Form Work ..... $ 15.49' FENCE ERECTOR .................... $ 12.82 HIGHWAY/PARKING LOT STRIPING: Operator (Str':i;ping Ma~hine) •...• $ 15.07 HIGHWAY/PARKING LOT STRIPiNG: Painter ......................... $ 12.13 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) ....... $ 11.16 INSTALLER . GUARDRAIL ••••••.••••• $ 13.43 hltps:lIwww.wdol,9ov/wdoVscafiles/davlsbacon/FL221,dVb?v=2 Fringes' 0;a0", \:.: .. ' ., 0,,00 ',.: ,. 0.00' 0.00. 0.00 0.00 9.00 4 87 1/6 3/23/20 18 hllps:llwww.wdol.govlwdoVscaHlesidavisbacon/FL221·.dvb?v=2 IRONWORKER, ORNAMENTAL. .......... $ 13.48 0.00 IRONWORKER, REINFORCING .••..•...• $ 18 .• 43 IRONWORKER, STRUCTURAL. .••.•.•.•• $ 16.4~ LAPORER (Tr"ffic Contr.ol spetialhtinci,pla¢.illg .of coneslbarr.ip~desJbarr.eIs - Setter, MOIlI1f', swe~p.er) ••••..••..• $ 11.59 lAII9RER:A$'llbalt~ Intludes Ra.ker·, ~hoveler, spre~dt\r and Di·stributo ................ ,,, .......... $ 12.31 LABORER: Common or General •••••. $ l.~ •. 69 l,AIIORER : Fl~gger ................ $ i2. 53 lA.lJOREIi: Gr.a" Chepker ........... $ 12.41 LABORER: Land$caPt\ & II'rlga.tion •• , ...................... $ 9.02 LAaORER : Mason Tender - CeD!i!ntlCQncr.et<l ................... $ 13.9.3. LAi'IORER: PipI11i/yer •••••••• , ••••• $ 15.02 OPERATOR: Batkhoe/ElCcavator/Trackhoe •••• ; .. $ ·16.24 OPERATOR: Bobcat/Skid ste<lr/Skid L.oacler •••••••••••..••• $ 12 •. 88 OPERATOR: 1I00!11 .................. $ 19 •. 95 OPERATOR: Boring Machine •••.••• ;$ 15.29 OP.ERATOR: BrQomlSloI~~per ••••••••• :$ 13.01 OPERATOR: Billl(jozer ••• , ••...•• ,.$ 16.77 OPERATOR: Concrete Finishing Machine .......................... $ 15.44 OPE.RATOR: Concrete Saw ...•••..••• $ 14.43 OPERATOR: Crane ................. $ 22.46 OPERATOR: Curb Machine .......... $ 20.74 OPERATOR: Distributor •.• , ••••••• $ 13.29 OPERATOR: Drill ••••••••••••••••• $ 14.78 OPERATOR: Forklift .............. $ 16.32 OPERATOR: Gradall ••••••••••••••• $ 14.71 OPERATOR: Grader/Blade •.••..••.• $ 20.22 OPERATOR: Loader ................ $ 15.53 OPERATOR: Mechanic. " •.••.••• , •• $ 18.03 hltps:/lwww.wdol.govlwdollscafllesldavisbacon/FL221,dvb?v=2 0.00 0.00. 0.0.0 0,00 0.00 0,00 .0.00 0.00 ". ;.;\" 0.09 fh0S 0.00 0 •. 00 .. 0.06 0.00 0.00 0.00· 0.00· 0.00 0.00 3.85 .. 0.00 0.00 5 88 2/6 3/2312018 https;llwww.wdoJ.govlwdol/scafilesldavlsbacon/FL221.dvb?v=2 OPERATOR: Milling Machine ...•... $ 14.67 OPERATOR: Oiler ................. $ 16.32 OPERATOR: Paver (Asphalt, Al\!gregate, 'Ina c.oncrete) ......... $ 13.61 OPERATOR: pi,l!!~rfver ............. $ 17.23 OPERATOR: post Dr-jiver (GlIar~rail/F~oces) •.•....••.•.•.• $ 14;45 OPERATOR: Roller ................ $ 13.67 OPERATOR: Scraper ............... $ 12.01 OPERATOR: Scoeed ••...•....•...•• $ 14,.15 OPE.RATOR: Tra.<to.r ............. ' .. $ 12,.19 OP£RATOR: Trencher .............. $ ~4.74 I PAINTER: Spray .................. $'16.52 SIGtiI EReCTOR •.•• , ••• '.' .•...••...•• $ .12.96 1RAF.FICSIGNALIZI\T:toN: Traffic Signal Installa1;ion .•.•.• $ 19.07 TRUCK DRIVER: Distrlb.uto.r Truc,k ..•.. Ii •• o ,-,_ ','t' ••••• ',0 ••• oi •• if. •• ,-_$ 14'~96 TRUCK DRIVER: PUmp Truck ........ $ 12,.19 TRUCK DRIVER: Flatbed Truck ..... $ 14.21l TRUCK DRIVER: Lowboy Truck ...... $ 15.·0i' TRUCK DRIVER: Slurry Trucl< ........ $ 11.96 ,RUCK DRIVER: Vaetor Trud< ...... $ 14.21 1:RUCK DRIVER: Water Truck ....... $ H.i? 0.00 0.00 0.00 0.ee 0.~\I " -;; 0.00 (. 0.00 .' 0.00 9.0.0 '''':0e 0.00 ", .• 00 2.17 0.00 0.08 0,0~ . 0,09 0.00 1 .. 60 WELDERS -Reedve rate prescribed for craft perforPlin!! . operation to which weldin!! 1$ indderi.tal. : ~===========================~==~=============================== Note: Executive Order (EO) 137.06, Establishing paid Sick .Leave for Federal Contractorsappl1es toa11 contracts subje.ct to the Davis-Bacon Act for which the cQhtract is awardee! (and any solicitation w~s issued) on or af\;er Jaiiu~r)i I, 2,~17. If this contract is covered by the EO, the cOhtractQr mUst provide employees with 1 hour of paid sick leave for every 30 ho~rs they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health"related. needs, in~l\lding preventive care; to assist a family member (or pt;!rson.who is like family to the employee) who is ill, injured, or ha;< other heal th-related needs, including preventive care; or for reasons resulting from, or to assist a fall1ilymember (or person"who is Ul,e family to the employee) who is a victim of, dom~stic . hllps:llwww.wdol.govlwdoliscafiles/davisbacon/FL221 •. dvb?v=2 89 3/6 . 3/23/20 18 http.:/IwWw.wdol.govlwdal/scafil •• /davlsbaconlFL221.dvb?v=2 violence, sexual assault, or stalking, Additional information on contractor requirements and worKer protections under the EO is available at www,dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the s.cope of the das.sif!cations listed may be added after award only as provided in the labor standa.rds contract claUSeS (29CF.R 5.5 (a) (1) (H». ___ .. _ .. ___ .. _,_ ............... _".M"" ___ -___ .. _ ....... _..:. ...... ___ .. ___ ._ .......... __ .. _._ .... __ ..... _ ..... The bOdY of each wagetleterll1inatiorl iist~ the f;tlasSif{catipn lind ,wag.l!rates that have been fouOdto be prevaUingfor·the C±tE!d ~ype(s) of tonstructioninthe.reacQveredby tbe.,wage determination. The classificationsare liste!! in alph~betl;tal order of "identifiers· that indicate. whether' th.e parti~ula'~ rate is a uhiOhr"te (current union n~gotiated rataror lOcal) • . ~ . sliro.vey r~~¢ (weilihted aver~ge rate) or a unionave~age:rate (w"igilted Unton aVerage rate). Union Rate Identifiers ,.: A ·fQu;' lett~r classification abbreviation ·identifier eotl<1sed ii\~()!:l:ed lioes begiriningw~th ch.aractm other than "~fJ~ or 'il,II~W:;i'dt\iio"tes that the union d,assifi.~aUon. an.d rate 'Iere Pft!V!'!;t'Liog fQr1;o~t o~assiticatM!I1.in "the SI;irVt\y.EII,mple: PlIlM019S-e0s 07/0i/2014. puiMd.s anabbrevlatfon ·ill~rit:l'ffer of toe union which pre,vailed in the SUrveY for ",1)1$ . .... . .. classification. \ItIich1n this example wO.u1d be .l'lumber$,019S 1rj(/tCi!t¢s the local uliion numberor:distrid co.undl nUlllber whElre apJi.lic~ble, he" Plunibers Local 11198. The next QUII!b.er. lllit.S ;l;o the example, is an1h"t"rOi\lOUlJlber used in processing the wag\! d.etermination. 07101/211141,st~e ~ffe~·t1ved~teDf the lI)i:)st current negotiated rate, whicl! in this .e>(aillple is <~iJIY1, 2014. .' . ' . . . \ :',~~: union prevailing wage rates are updated to reflect "all ~ate ch;lnges in the collective bargaining agr.eement· (cslt) gove~ning thiS· classification and rate, ' .. .' Survey Rate Identifiers Classifications listed under the ·SU" identifier indicate that no one rate prevailed for this classification 'in the sUl'I/ey and the published rate is derived by cQmputing a weight!,d aV,erage rate based on all the rates reported in the survey for that classification. AS thiswei.ghted average rate includes ail rates reported in the s.urvay. it !!lay include bf;lth 'uhion and nQn "Union rates. Example; SUI,A20.12-~E!7 5/13/2014. .3U indicates the rate. are survey rates based ona we1ghtedav.erage.· . '. calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next nUmber, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. survey wage rates are not updated and remain in effect u~til a new survey is conducted, Union Average Rate Identifiers .. '. ! ' .. ' .., .:-":., Classification(s) listed under the UAVG identifier f9dicate hltps:/IWWW,wd ol,govlwdoliscafil •• /davl.ba co n/FL221.dVb?v=2 90 U\ 4/6 3/23/2018 hltps:IIvMW.WdOI.gOV/wdol(scomos/ctovisbooon/FL221.dvb?V=2 that no single majority rate prevailed for those classifications ; however, 100% of the data reported for the classifications Was union data. EXAMPLE: UAVG"oiHI010 98/29{2014. UAYG indicates that. the rate is aweigljtedqnion average rate. OH indiqtes the state. The next nUniber, ,0010 in t.he example, is an internalnunli;>er used in producing the;"age #et.",rnlihation,08129/20i4 ind~cat",s the surliey ClillJpletip~,dat~ for the classifications and rates under th~t iden'J;ifier"" AuAVG r~tew;f:llbe updated once ayear,u$yailytn J~~uary of each year, tOi'eflect awe$ghted. average· .Of theciirreOt .. negotiatedlCBA rate of the union locals from ,whi.ch the, "'It. is based. _, __ .... ---.... --.. ----.... ---------.,.-'----,..-._,''' __ ;'' ___ .. -: __ ;-__ .... _.'._ .. ";;'':-,:: .'W,._, __ _ WAGE IDETERI'\INATIQN APPI;ALS' PROCESS. 1.) Has t~er~ b~en an 1n1t:l.a1 decision 1n the mauer? Th$s c.an be: * * * an~xiStinl!pu"1ished w,a~4e~er'mtnati~n a~ui've)l unqerlying a wilgi! deteril!jJ,~at:i,Qn aW~~iih!l Hour DivisiQn letter setting forttl a.p.9Ut~.!ln .on a wllged~t~l'Iiiihati\1,n matte~,.. . .' acoil'l'orm~n~~ (~clclttionaI classification and rate) 'rl!'l:ing . ',' - Pnsurveyrelatl1dmatters, initia~ cOntact,· :i.ndllding rllq~l!sts for ,sllinJllilr1esof s,./rveys, should be with th.eWageaild.HOV" l!ell~o"alQff:i.q"filr the area in which the·s~rv,eY··1Ia$·~QJij:\~cte.d "e~~u~ii thi:!se 1!1i!gj;i:!n~ Offices h'!ve.l'espons1b~llty for: the I:i",V:l.$··liacPn $i!t'veyprogram. If the response 'frQlllth:!.,$ !Ti~'t:l;al contact i:s not $atl$factory, then the processdeSGri~~.d il) ·t.) a.nd3. > should be f\iUoWE!d. . " With regard to anY othermat.ter not yet ripe for the formal process described h.ere, initial c.ontatt should be with the B"'ari~h .of Construction Wage D.eterminatiQns. Write to:. Branch of construction wage Determina'ti\ins Wage and Hour Division . Ii. !I. Department .of Labor 20a GonstitutionAvenue, N.W. ,'. Washington, DC 20Z10 2.) If the allswer to the qllestion in 1.) is yes, then an interested party (those affected by the action) can request review and recpnsideraticn from the Wage and Hour Administrator (see 29 tFR Part 1.8 and 29 CFR Part 7). Write tc: Wage and Hour Administrator U .s. Department of Labor 200 CoristitutionAvenue, N.W. '.' Washington,DC 20.210 .. : ..... The request should be acccmpanied by a full" statement of· the interested party's pOSition and by any 1nformatii:irii (wiige,':' payment data, project description, area pract1ce material, etc.) that the requestor considers relevant tc the issue. 3.) If the decision of the Administrator is n.ot f.avorable; an interested party may appeal directly tc the Administrative Review Board (formerly the Wage Appeals Board). Write to': . . ... 8. . hUps :lfwww.wdol.govlwdol/Scafilesldavisbacon/FL221.dvb1v=2 91 5/6 3123/2018 https;llwww.wdol.govlwdQIJscafilesfdavisbacon/F~1 ;dvb?v=2 Administrative Review Board U.S. Pepal'tment of Labor 2aB Constitl,ltion Avenue, N.W. Washil1gton, DC 20210 4.) All de~is.j.!lns by the AdministratiVe Review Board are final. ====;================:::=======;:;;:===:i:f====.='======::::;:==-===::i=='!";:.====1=.==== END OF GENERAL DECISION .' . ....•. , 9 ,ttps:IIWww.wdol.govlWaol/soafflesldavlsbaconIFL221.dVb?v=2 92· ---------------------~----------- vU\ "IA Federal Labor Standards .Provislons Appl'.~~~IIIW Tb~' Pt'?J~c.t Qr pr.9'g.r~m. ,to' ·,whleh lhQ conslhft;tloii Work co_vE{,ract; by-Ul'ta, c,o_ntra:ct pEltt:.,-n8-J~: ',bci1ns_ :en;:$_IJ1Qa, .by _th .• L1n_lt~d' '~tateJ~,'Qf Am~'rl,c~,:_~n-d it~e . .rQ_II~W:ing,' Fe"d,e,'f:il ~'H~_b,or' ~s,t,Ei·n:d~:rd.:· '·,PtdViij,o·ri$.-·:·>_~e J~*!~~!i~,: 19" -this ~ 'Cp_ntr,Qot p'u-r:,:u;s,nt 'io ,the' -provl_~I'Qn.a_ :8!ppHcable '10, auch F(iid&ral -as_sls,fatl:ce • . 'A:,. :'1: __ til: ',iV!ln:'~,m~-~ Wa,tf_~s-,-A.!I:,a:ti:Cife.r, ~_o.~',:m:,gh~Jtlcs e:rtJpl_b"ya,d~::or_-:vi~i'd~'g, ,~.PO_fJ_tbe_:sli.,,'O'''Vtl1=--w:o·rk:, wIU '~:e ,paid (j.'tcotrdrt'ttnaIlY ,lm:d' _liol-,I'eS's,:(jfl,eh:!t,~_'!lI),-,l;Io~e ia' wEl'~k" ,a-nd _v~n,i~"~,~t,, ,slib:se.q4aQt'_::~-~,~~~:~J~'~' -QF ,r,~,b,Ii!"t. _-Cfn, ,~~~' :aoJ;ount :(e~c;,~p.l '~fl:h'-J)8:~~C!It d~d~u'~~~'n$:. ,all _ iit..~:, p,e.rfijl_U~d ,In'_ ,tlJtitil,~lion_s,_' __ I~S:tiEi~;, _~_Y'_ :U'~'-,~_~II:~et.~.~:1' -:~f ,b~~b:~J ,~~ __ ~:er Ih$ 6:i;p~la~d.Acf .(gf!-¢FJ~ .. P.I1,1i.lh~(uil~'M(l!il.lw.Q •• a:",#.:~:a,i'I,a_::f'dQ fi:i,.~:bff~7~-Eifi~s':,,(_Dr.:,-:cas.h,:e_qiilval:~6,.8 (t\~~o,O :d-~;:,' it,-Ij~~: ol"p_'$YlJ1ftnt' .q,P~~l~ij :,~~, r~',~~")l:~t_ .:Ie~l th"I,m ith~~~ ~~nl~[~:~jf: -.j~'·_'·_"_the,-',W~Q"_ ;d'li_t,ei'~_lnatiotl, _~~(: 'tb_~ S'EfQtet,.ry:, ',o'f l'~ij,Qr _____ 'whl~t(,:IS', ;i!l,~q~j4;':_hEt~~i.q,<._n~:_ '.m_~d:e"a ,p:a,tt _ t!,er~i)f~-(~Q:@J#,i,~~_" :'fir-,':, ~'9.Y. ::~~:~tr~'~.~~I:, 5.i,_n~ostilp wh ,db~ ~ljnW:',b:e,;-:~il_~~:E((r~~~' ~e,~_I"l:':_b_.tWB"~_ >t_~,.t'c'q_PJ:c~p_~or ;;~_"d :_s:u~_h ,Ial:l~tefs::_-,!I:rn~ -,;JI.i,e~_b~riJg_ ... .-_ ,:g9.~m~Y'~'-~,!}_:s_, __ roB_d_e,,-Qr ellS js: !'.Ql!')~b.iY :~nljcl~~I ... iI,fQ,jj~1Ui j(d~lrI(l.g.~ :lfo~.fIt. "rid!!r ,S"ctiOIi J(Ii){i)~ilfi,.l!l~iiil,,~a~<ni:I\"I~P~ .. ~,~IJQf bib gf,:~ts:::i,OI: ~:IjJ,ecli'~q~~',·a,r .. :, :~,o,n'ttf~rft:~, !_~'._l!e8:, p"a i:d:.',to_-:such ,"~:Q:r:~t.s,,_~~,:In:;;~~:~:hl~.:~-"gU~J.~~_H~:::tij~:,:~:~b~i~i'_~:~ ,t1f~:$::',~FR 5!~(~)(1JIIliJ;~'~". ,~!lYlilre~m(lbQllpn. ·1I\~d. .Q,eO'1s InciJ:rtB'tt'JQr~m·Qre., ih:.'l' a ,wUiUg':Ji.8t'jCiii/_(~"ui ,not-"~B:& ',DJte:n l~ai!qU.I1.rljlltlrid"'IiI~~s.fllil~ •• ilr"rQQr~.II\';1I/1lIeh -cov~:r,' tb~ ,_p:,~rt!'~~I_a'a:: 'w.~ki'y-' _,.p .• ~i_~d,,, 'ar_a _:,d~~ni_ed' ~~: _ be coo.s'tr1lCnv';'fYAn~~.~-,orlri'cO'r.~ecf ,~~mlg"~~h,;~.,~~:,y,::~~rlod. S-u'ch :Iab_o(~m a'n';I(~~echa:iiJcs _s~,aIIJbe :~Ald'1~~ ,~p_Pt,,_Pr:l-~t~ _Woad,s :r,,1'8 ':~htt: wQ~~ ,lJce~_~t~ ,:,on, :th,e, w~_~",:,d,v_t8"IlI1Jn.tlo_n fQ~: :thtl' _'Clns,itlQ~tl?_n _ofW:~_rk-, :B:~lu~IIY':' ,p_~tfOIilj:~d,., ,:~ltho_~t ,,,gordlo'Rili .~'~Q~ !'l..PI!ivfij"dln~9Q.FR . ~'~(M(4 l: LE'-_bo,r~!I:" Of .tn.e~bgn,i:~&_ p~rf~Jl~ln~ "wor,k_ In :I1U>r-G_-thfJ,n _one CI'._S:S:l.fl.c_alion-:ma:~ be ;"c~:mp~r),~'a't.a~, .t.'lh_~'_laie-~p.~Ci.fl~d :_foJ a,Etch classjfH;aO.,h_ '(Qi' ',.hj! _,tI,m':-Ii'~{U,jd!Y' W9J'~e:d_ ,(h.~r:ahl: ·PrQVi.d_e,d,. T_h,~t ttl~ _&I;'I'pIQ,yer,i s' pa,,,rGll, re'cor~~i' 'accUi'~tely· set :foith' .the, 'ti~e ,.,pent IIJ $'.ctJ' ,(j'~'S~ifi.~~ .. t~fl' _111 w:hl~h Wa-r.k:,is.--p:erform~:d.,,, The wage, :~EifermJnaHon ,(jn~,I!Jdln,g, any a'ddliloliUi_ ,da,ssificatlon :~~d--w,a:U, r~'I~s c,o"f()r.n:aE!,d'_,u~c;ter 29 CFR '5·,6(.)(1.)(11) ~ndl~$ o_vrs.Qatonplislo' (WH· 1321) ,sh~1I ,be, p:Qsted :at, 'an-ti,mes' b,y, Ih~ conti"~C:,t,ot ,and -its s'u.l>c6n:ttaCIi:!rs at :I_he slle pf U1S' wqfk 'In, a prp:min'~lJt an~ $cc!it~_sH;J:lei pl&'Qe where It 'can' be e'asily seEm b.y ,the w:o-rke'ts. , . (Ill (a) An,y class of laborers or mechal'tlc~ Whlc~ Is po! IIsJed 10 the w~ge ,determlna,tlo.n ,and whIch Is 1-0 be ~m,ployed und~r' the contract shaH be classified In conformanoe with the wage d8).t.ermlnatlon. HUe sha.1I approve ~n eddIUon-a;1 classification and wage rale and fringe benefits there_for only When the 'following criteria ha,\I.e been met,: Previous edillons are'obsolete Neme Pfe.omp,or-I ~:41 Date: 1"\ -z;<i ( U.S. DePI!riment of Housing andlJtbanDe.velopment 0fiiC& ofLabo:r Relations -(,1,1 TJ1~ _w:Q,T.lt, lei ,be' performed by !he c;lassiflc!1:t19:n requ.e_!ite_~, 'i~,J)o:l, p'l;iff.ormed by a clanlfic_stlon 'In Ihe wage -~e,tEt.rrn.f[laUal'lr;,:;"n'd (.n_ T~~ __ '~I'~~~lftc~H:o,n-1$ u'Ulized In, 'the ares_ QY the 'co'its ~r.t.i'dt't.~r(I!~~ ~ ~t~,v;-:e'lld (al TllEf, 'pr~'fi,ol$~ 1!Ifage rate, Incl'lIdlng' a_ny b,Qna fide . fflng:e-_ 'Ii'~.,tlt's;:<_:~~ars, ;a rea,sDrlable' :r~HE!tlollshlp, -Jp tbe w'a,«~,_t.te·s:,,~O_~t~I?'E!(t '_~:,tJ'J_e: w,.ge def'~m _lnaOon; (b;J' ':flhlt; ~b:n,fnl'~torand the laborers ,,":4 ,"ec;hanlc.~ tc) ~.e em',pf*Y~d,_,-_lp',_ ~IJ'~::,,----~,hiH;:8If1c:~tll)n Of, :kn,GWn),. ,or _th~lr r:.p,r'8i~_G,~i.ll.V',E;iS':': ,',an'd, ,HUD' or ils des]gr!~~ f,I.,gre.$-:Q-n, the CI~~ss'lfiC:ilU~~_:', '~:trd_ :W_ •. 8_1!J r~te_, (in~,I!Jd_lh'9, .the-'Bmburtt, d~H~Jgn:a',t~~:':for "it:jn,~ft_'_',~~n~e'fJts'-where a,p,pl'o,prisle:), ~ ~.~port oi-:th:e,:a:eti~_itii'B-k,~;S1':,'Stlli!1I bfil'se,nt b¥ liu.p,,~r,.lt.II:',:,d'Ji_lgJle'S, 10 th_,-,.-·,~ij;·J~].W~,(~~'-', -pf;' lh'e· Wa"ge -and Ho~r DiVl's(on-,' Emj)_J,gYm~ur':'E!lada,a,~:~~A_dml'.ni,s,trall.D.nf'~'_s. _pepar'rtJ,f;lJJt of Lil'~(n~~ ~VV~:~,h_I~:9_~~_fii ':~':P:': '2~G2-1'O. the::,A_~.m.I'--istraj,or" :Or :an .Q~~~tr~,~_e:~, _-!r~,.p:rf;).~,n,!;';t'j"e,;, Vo',.11!_ a_PJn;~_'1ei, ,",odlfY'. '~r -~l.,_a,p,Pr~ye.,~e-_Y~J~::, \8~d,! __ tlo,nal (HaS',Smcan~:_1J ~q~l:otl_, W!t_h~1j ',3,0 -d8_y,(_hJ -re~ij*~'::':.:~~/:_~_9, ,I;1(1vl,e.-H!..I_O-or' U._ d_~sl,gn_es .01' wil' ". ci.!I~ .~i:!D .... ·.~.r.' .. ·,i .•... · ... d ... ~ ....... 'rg.· nolO. ·w. Ilhi. n. I.h ..• '.~ .... O.d •. yp .•. t.!l>.·.~ .. Jh~t addllhrnal :nrtUJ :11' ·,,-ace-ssar},,;, (Ap'prov~,~ by (h. Pffl_c'e, '~f ,M:,,~_~-g:.!li.-~n-':':a~,~:f ~u,4Q,et under OMS coll'trol nURjber, 1:al'S- ~14Q.} (I;) 1" tb~,,~V~:i1't~~a', :cpntr.a,ctor, .. he labaters'"at met;l'!ai1,I,c~ fo·.be e:~pJ:o:y,s~., _ II) the' CI_a8SIffo,eti.on " Of__ their _r;,p.r~~8-rit.~tJV~:s·,-_,~~,n_~'-JiUO 'o.r Its de_slgnee-'do-not 'auree on the', ,Pl~P:Ds_B,~,;,_cJ~s'B:!f_i~II~I'on 81'1d_ wage-r.~.te (In:cl,udll1_9,the aQ1o.'.,"(-,qe~,I,g!ta,ttl,~,:f!;U;:,frJnge benefits, ,:w~Eire _ap_pl!o'prla1e);, Hi"D; ~:r :hs ___ ,:ih:f~I~'~i!_e"shall refer the q~e,sllonsj InqJ~dJng ,llle' ,\iI_~-IN_a"-(jJ j:OJ,rit:~~e~J'fJr;t p'artles and_ th. ,re~Qim~endaUon Cl("_, "HU:D :or o 'Its-_ ~~~,gnee, to_ the ,Adnilnistriiitor ·for -det.'nhihatlon,;, '~f."., Adml'nlstrat.or, 1;)( an ~lIU,onzed rfJ:~:~'.·e';t.t_';'_~~ WII':)Ss.ue a determ,jnatlon wlthJn' 30 da,y.s of reQ!:I!!_pl :Emd .. ~,o_ :-~~,Jil~~_ HUO or Its deslgl'),ee or wUl noUfy fllio'.iWid.e~I.~~~~ wllhln lhe 3P:d·.y pe"pd Ih~1 a,ddUl'ona,_ ,Oo..;e; i,B-n;!ce:ssary,. (Approved ,boY the O~fl.oe of Mana~:~:Jri.e~,t -and -:B,udget under OMS' Con.trol Num,ber 1'2-1:6"0140,') (d,,..-"" The, :w~:glil ra,te (Including fringe benefits where ~~_p.!"Op.rlat,.) _ ~ete,f.I'ri]ned pursu~nt 10 sUbpa_~agraphs (l)(II).(b)., (0). til tHIS pa,aQ,aph. .hell b.e p~ld Ip ~II wor.~.r~, p.1jI[,forrrl'i09' wo,rk In (he clas.sifiilstlon under this coriirac:ivtr.o'in; the: 'first day on which Work, Is performed In tIlE! ct~sslfrf;:,atiQn'. (III)~ Whenever -t-h~ minimum wage rate pre.scribed In the ,Qontract' _10.1 a :"ol,a-slf of laborers or mech:amcS Inctudes a frlri9~' be;nefii 'W,hi-ilh 'Is, not e'Kpressed as, an hourly rate, the contr,a,oior _$ha,ll 'atlhQr pay the ben-eflt as -s_tated In the wa~ge delerni'i'nliltlon or shall pay another bona fide fringe beneflt-o-r an hOlirlY.'cash equivalent therel;)f. (tv) If the c'on'tractd.r does nal make payments to a truslee o-r-other third person, the contractor may consider 8S part Page 1 0(5." II 93 .. 1011\1. HUD-4010 (0612009) ref. Handbook 1344.1 of thEl' wS9_es-of any laborer or mechanic, the amount of any c-osts: reasonablY 4:lnUclpated hi pro vi_ding bona fI!1e fringe b-ene,f'~Ei c,mde;t ~ :plan or' program, Provided, T~at -the S'e:c.retarY: o,t Labor ,h'Ej8' foum", upon th~ .wrj'tt~n. requesJ 0-1 (hii-c,olj.l'ra*tQr.;,' thal, the, a,ppliui),e sJaridarcfs of'the Davis- _S'a,CQ_"', Act hav~_:b:e9il m'Eit. Th:e ,I;»e_yrst'arc_y ,0f-_l,ab:Pf_ rUay n;i_ql.ltt~ th,~-,c9f1.tr..'!I'cJor tp $et :8.8'lde' :In 'a sa:p'arale: accol.nl ,a:~:s_ets-, fQ"'-,fhe, in __ eUo'g of oPU9:.n~m'" u~nd,tlr the ,plan or :P,tc,:g~aro_. _'(f\'p'proYE!d by __ U")_$' _,Olftce. :0.1 Man'B_gs'menl an~ ;~~,d,~.t~nder(jMIi CDnlr.I iNurllbe,'121 ~.014,O'J j:~ W:~'tJ1'~'o'idi'rig, .. :HUO or Its:, dealgne,e ,.h!=ill upon, 11$ own 'a~,Hon' -q'r: "pogO \-,J.rm"n ~e-ql,!:~,IJ-f of an authorli'ed r~_pte::s,Btdatht,e' O't the' ,Dapartmstil of' ~_~bDr ~I,tl:ll)oh:f -.;»r P,~U81i~ .tti -b(t, wn:hhal~' .fFOOO; ,th_e __ contra,ilJf _U_~lIer this Q~i~tr~Dt' o'r--~ny.'-,Ptjf~r: F·miflr,al 'co~'tra,ciwlth ,th~ ,same' pri[lla c~ntra',cto.r, or anY-olher Fe'~e_raJJy"a$slsta:d ~onfraDt S:i;i_Ql.c~· ~o, ,~,~~i;~,;,~aD_on ~'fevaUlnrl ,W'a;9s:, :te:quU·emifiUs. WI_~_I¢h: }s, be_l_d: ,b·YJhln~a,me ~rilile co'ntra,ctor :~o mlcl.c~-,-'ofthB: a'ccrtie,d pa::ym:edJs.: in "a,~II/~!1.c~s_,\~s ro~Y' _~,e C'-Q,rI8,lde.r.ed ri~t;:AA~:ary, 11:)-:p~y ,!~b:Qrers ~nd-_ l'nechli'[)I~s." In,clu.~lng ~:e,p:r_~r.'i.iQ~,s_!._ :1[,at"~e~. 'and_ halpe~$i' _EnJ1p_IO,y~d :~.v _the c.9f1tt~_D~br',,0r-:-lIft~:::.~O:9f11r,QcfQ_r: :tfJe,', (ull :a_rI};G:unt-_oJ'WBges f~q)d~,ed ;by. :t:~~,--:.c~~n.ira~t-,I,n ihe':~?,e,'II' ,01 'f8JI~t~ _to P'.Y'!i.!"lY f::a_~(j~r ,-or-':in_(tcfi_~~jo,. Including; a:ny, "pp.reQ~_Il;.,.-l(~_lne,. or hatptir; '~IjI,pJQ,~8~'-:9r -wo,_!dn'g ,on {h,a site 'Oit 'the,-w.ot:k" all Dr p,~it ~t_,:'th~' 'W'~'-~!'8::, '(e(t~,lfett by the c(t~f[~cti H"'j'o'" or ita de_.lg:n,aa: ,,"a,y;' ;a,fl'er w:rJtten_ '.n~~Jce', '.10 tha coriitactor • • P,Q:~S))f:'i' ~,P~llc_B'p,t>or :own:&-r, _:lakEJ_ slSoh' action ,si iijay _'~" il>~"Ce,~'s __ a:rY . 'I'~, 'c,al)se tha s_usP..llslon., ~'-f any Jurther R~Yn.u~nli ,~I;1)~,!i!n,~-. __ OJ' ,gu,!Ir~uJte.-e __ of funds until" ,such vto,tafion:s'_ tt~,ve -c_sased. Ht!D_ or Its ,~eslg, .. ae :,"'~y~, after -w,Jft~11 J:1Qt,h:a ,tQ :th_~ ,c;ontra-.cdor, dlsblU~8B -such amounts w_ith:h_efci-'for' in~': _ on _ :a~cDunt, _01' Ih, -l;lI),n.tr!Jt;:,tor ~r '$ubQ,oi:itr~_c{or ~o -lh.-a ff!lS,PS-ct!VIit employe.s 1.0' w.hom they -aJI;t: d,ul;t: The GO,ll)piroilEir 'G,en,etal shall Rilles such disbuis-etifenls rn the casa of dlfect Da,yU~"!:l,-con Act cq."Jr.~ct~-, 3:. ,(I) P8,:Yf9IJI!il 'an.d b~sl~ ,ec-ord._. Pa'yro_"., and-basic reQorit_s' ',re:fal'lng thereto shall be mahll'ah1.d by' ,the- ci;;rltr_8ctO'f d~ri,~'g' -',I~e cq"'fI:fe o-f the' Work-pr~serV_Qd for a p~t.lQd of thre,a:, ,yelrs ihereafter for ,ai', lal)'orers -lind niech.nfcs-working, at,'lIie sUE! of th~ work. Such 'fecords sha'JI co-nt~:ln" t'JJ~ nama, a-ddress, and social' ~et::utlty ntnriber 'of 'Eisch, such wotk-et, his or ha:r ·correot c.l8_sslflc-aUon_, ,hourly rates of wages :pald (Including "rates of I;lonirlbuth:tns Qr coats anticipated for bon's fide 'fringe b~ne.fits, or· 'cash ~q,i.iJvaIEmls -thereof of I,he t.yp". d$spri,be:d In .S.plI~n l(b)(2)(B) ~I Ihe Davi.-ba.~iI Aot). doUy and weekly number of hours worked, de~uctlons n:UuJe and 8cll.r~.1 w'a_9:e. p,.Jd-. Whenever the '$ecreta.ry Qf Labo"r has fO',un-,j, urrd:e'r :,a9_':C'fR 5.5 (-a)(,1)(lv) Ihat the-Wa.gss of any I'aifo'rs'r :b"t nl_8chanlc include the atno~nt of any ·costs tea-s,on.al;J.lY antiCipated ,in provld'ing be.neflts undar a plan Dr program de~.rlbed In Septlon l(b)(2)(8) .1 t~. Davl.· B,'Bccin Act, 'the ,eol'Jtractor shall maintain records which shD:w-thal the c~mmitmenl to provlCie such benefits is eri,ro:rc:eable, that th-e pian or program Is financially responslble_, arid that the plan or program h~s· been ,. co:mmunlcaled In wrltln,g to t,.e; Jabo,r~rs or' m.e:cb'antcii affe~te~, a_nit ~:cor,d:S. \'i~lch, ,ah-o.w-the oo,s,ts _a,~I_lc~,~~a:t'~'i:f'd,t t~e ~ct.ual Cl;tst. In,cufred :in p.rqvl!1!.ng s4.c.h:. ,-ill:~:n'ecfit~:. contractors,_ 'e(rH'-'-:Oy,-~g, __ ~pp,r.e.ofice,!I, ~ pi' _ ttafl)tl~~" _:·:U-n~~t .. a_~PJP.v~a: prQ~g,ra_llts :shaH '~,aln.talh _ 'wr!1.~,ert_, ~,VI,C1.~Ij,~~:::::~9:(-:-:~;h'~: 'r~,g1_~lr,a th~':n lof: a,p,_p~a:n_Uye,8,~rp:-:pr.Qg rC!_ n.r$<I!lf!d, :,Q_~~tl.l~:~tl,ij'o?6:f tta,infle'-·pr.D~f';:ImS;~ the", ~sg,islra.ti;of1· :OJ, t~tf:_ ~.pijr~,~it~~~::;::~~o_ trafnae:s .•. , ~~(:I :,th~, ,raJIQ,s: a.I1~:.w,~,~_e: rates ',PJe·S:,c'i'f~:~,~~,._I:~>'h:~': a,pp.I.I:Qa_bJ~_ ,pr09J;BiJl'S .. _ ,_ (APP,tov_ed _ b'Y. tfi~, __ ,();rflq~::, 'o:,f ~~,n'~iEi~ent-', a"h,~' ,~,~_~'f!i1,t (./~,d:e_r' ,OMS c~ontrol::~~~~,',b~'t:~_ 121S;O,t40,andt2t5-00f1·1 ' ... (II) (a,) T~~Q<\nt!ti~IQt~h.1I subrilUWeekly 1~("c~~!\i'W'~~ In Wbn~.h ,aI1Y:, ,Q,ODfh,ct 'Work: ;1;& pe,~f~rrn:~d'-_ ~', -~~P~( ,:!iff:{'a:ii_ P,ily~dll~_ '_ te) __ , HUD-:or,-,its -_,d,e~'J.g,n.$e: ,:if_ ,the., _l(g,liiH;y,: ,I~'~ ~·:',~'i.IiJYA~ '-b_':::~~iltr_:Q.l~ "but: "il_ JI1~, ~~,~n~y: _I~, ,no,t-_'--~~~~:-'-_~r ,~'~~t~,<;th~.; ~o~ti'a~'or ,Win, :su,billlt, ;,It'i~'-,' ~~yr,o.II:~: ';~l~ ,'_th:~: 'i,~'B:~H~rit ~P:9.~.Q,r.,.-'~r,'_ow,~~D_ -~s""~h,~_ ;c~n'''~'ay~ bS l _f~t:~,t~,~~:~i1l,i~~J9:~J,fA_ iflJP"'f:'.'ls, d •. _6j_9n~,e • .' 'The, p~yt._qll~, ,_~,uJHl:t~,t,~e~t;,_~,_~~lt!!~'i:lt}(Q::u_~ a,t9~t!i~e!Yi ,:~t;'~f -9f)·m~~~l!3_I~ ,,~~I'-:o:f'th~' inft;lr~',q_~I.~~-,;,r:~~'ui:re;~ !Q'~~QI'j"l.in'd, "lidO, '2,9 ,CFR ·s,s(a)(:~Hni.~,P"HH"jjl;Nli lfo~_i~fJe:~~iI~' '~~_~~tir~', ':!lIl~f :~:~jlJm~, :~;c;f:~:,~,~.!3:~:$;; ~~~'jJ\,#~f:;~e ihCh'~_It,d-,on' lwe,~ltly, ;f~B,n8'm nf~l~~ :1 n$l~:~-~: :ttl~hp.,a_Y.r,tJjt,#-!_;"ii~Ji ' q!iiV,' ,-~~_.d.' '}~:-,Jri-tiud~ "alt': 1~,d.l"l~4_Einy:-:I'~.~tlf¥j_{i~·c,~~:.n_~:~:~~,:rJj,i,; ~flCfi::'Q~rnplby'e '{thO .... : :t-h~ IM,lJq~ut' :({I.!I!~lf ~i--~t,~ei)~JTJ~:(~Y~~"~~'_ 8Q,~I"_ ':~;_cq"i_y" -~~_m,!)'d;-_ "T,h:,,} _ req_\llfe:~ ':W_',~kf~<:::.~~,Yr:(J_~" Infotniitiun -m,B:Y: _ be_' ~iI,Mllltfl~' __ in _ ,~Oy _;fb'rmi.' }i.it,~lr.~·a._ 9.~tr~'jjai_. ,Fgr,m: -wr1/$:4t i~':,@v~ail.,bl~;,:',for ,i_t1l~:',;P'_I;l~~~if>;f~~-m; l_ll':_'''' , ',_,Wa1l1~ _ ~~d ,,' H_~_U.r ·,D.,~{slon _ ,~~~ __ "',' ".-l\~~ -_,_'B:,~ b1tD.·i~w,~:tl91,g'OIi(y~_lWfj_f1nOrm,@i!~~!4?{M'I{;:qf(ir _ ,:~~,_, _,' It& a~,ctia_sa~(,~ft~t'; ,,'!h!: :prJm,!!' ___ ~bnfra:Qt'Dt H~:, ta,~f)Q~,~t_:_b,I~; 'fOr lh~'-_$~hmisSllin _~f :c,9Plli,~, ?",paycCiI,IJ! ,,~y ~:U: ,',Ubtpnl.~,.,nt,o_'r,s:. cqiilraclor;8_ -a_nd _ ',SlI~:~onlr,a~l,o_r.s_,'_, ,Bh:'II_t -nt8i~~~_I_h' ?b~~, irQ,U !l~,e(~:I,:,';S'~u;,~ri1,y: num,iJer an'd,' current' r:{.d~r.~~~ ',~f:-,_~.,.c~, cl)\ler~d W~r:k'.r; 'a~d, .halt proVlf;I., ·them' ;u~o:~::,:re_Rl(~_'t:.t~ H'UA '-o,r-j~~" -d~$I_~-ne., If'-'l~Ei ,8gV:nCY _1.-; _ a' : pa~J:~'-)9:' "ill a contract" b_ut-If -.,~·e: 'l:Igency~ i. _r:!Qt ~,4'~h' ,-'a ___ :-p_~r.t:~i'_ ,the .~nt .. ot~r w"I$~~m" .the .p.y~oil' t~ th.a~#!J~.nt $~_o,iis~r~ or,.'Q.'Nr'i,er:_, 'a,s_ the-"c'as.e :m~ay; '11~, __ f~_r:, t_r:~,~'~Js~!~Q_rl';to H_~o-"or I~, ,_"e_$,ig".IiI:ij,_ ~_he _(l_orit"s_ct,or,: or.th):r'W,ag·e",a1Jli:f,f,~ur Olv_'$lcm ,of -th~e :De-partrnenIo,f La:bor-for' PUl'p(l •• ~', __ cjf .. l'J~ iTives~g'atiorl or: 'QUdlt ,of 'comp_,nl1rlO~ wl.!lt 'P'~:~W~UhJ9" :~.lJ~ r~q'~In1,n:tent'. It Is not a ,v1:j)lrdlo'rt-of thls-s~bp-ara:~f,~pJi-, fof' a ,jirtme _contractor 1-0, "r'equlre ,'--Sl!b_aQn~l'a,~t~'r t~i, -Pf,P,VIi:fe ad,th&.~_e. _a,{I~ so~lal "Eu~urlty n\l~,bl9::tS __ , too, :i,~~f" ,ptl.rha cOrilfEl_ctor 'for its own recotds. ,wUhou_t w.~ekly 8q~.IIIls!lton to HUD ot 'its '~ei(i,g-i1ee, (Approv.ed· _ b.y thEf _O"ffIQ_8" '~f M~na.g~m~nl an'" fitld_get und,er OMB 'Conkol-Numb'ar 1215-0149.) (b), Each payr.oll submitted shall bEt acc_omp,anle~", by a ·,Sta~ement Df CO,m-PHance,.n aign_t;ld _ by th:e' '~O":lf.a,~t_~r or BlJb_oon'tracIDr or hls-tlf he,r agent. w.ho pays, or super.vlus the:'paYlllent ,of th,e p,er's,ons employed under-th.e ,~ont'ra'ct and shall 'oermy Hie-Jollo'wlng: !'~ That the payroll f~r tM pay toll pEifl~d cont~,In. I,he Infoanallon required to be, prO\fJd.ed un_dar 2,9 OFR 5~5 !.)(~Hn). Ihe appr~ptlat. Inform allan Is being maintained urtdet 29 CFR 5,5(0)(3)(1). and that such Informallon Is cor~~1 anc;l complete; PreViOUS edHlons are ,obsoleta Nan,. of Company: l~"'" Page 2 015 I lnitial"-+f __ '"'l;"..· __ _ lorm HUD-40l0(06l2009) ref. Handbao,k:1344.1 Date: ,d2~1 , 12 94 (2) T.hat each laborer or me9h~nl~ (Ina:ludlng each helper, app'rEtnnC,,; and, trC(linee) employed' on lh-e, (lonlr,ac.t-durfn:g the :p,8'yroJI, ,period has been jiald tbe 'fllll we'skly, wages' ,e·ar,ne-~. WJt.hoJ,lt. rebate, 'alther dire,oily ,or indirectly, and J~_~l ',Oc): ,_d_e_d:u~tIC)'h:S' have, bee'n, ma'd.e' either dl'reoUy or Jndirecll.y /(r~~ .ttle fiJll w_",ge&, ·earned. i)ther th'an l?eni1f$~lble, d(f~_:I:I,Cnons" alLsst-fotth in:'29 CFR-Part -3; 'OJ-that:'e,a:ch ,'a~,Qrer o'r me:cha-ni'c has· bBen"p'ill~ riot 'less l~:a;i,-IHEi, a,pJ.mc~~:r"r IN'age ra1~.$ ,a_nd "f11~'.9$-bene:l1ts 'or cash ~q"",JY'~I_~nts', fOf' the:, ',cl'a's'sUicat/on 0(-w_o'rk' p$rfo:rmG_d,. '8 :s,p_Bclfled In lh:'~ I\IPpn~,able wag:e de_termln'atlon In§prp9r~~o~ In(.theeQnt,.cl. (,,-=:1: TO~, W:e._~'kl_y_ subm'is'sh:m of a properly e·xe'cute.d ,perU'li(isOo-n-,;~tili :fot·t .. , on: 'I~e tt!1J~r.se_ s_ld~· of Qpthmlil,1 Form -\lV1-f~3;;':7 !I'~MJ "s~ll,~';y I~e"r~qul(er:nflnl 'for Bubm"ra's-rOn"of"tl.1e cl_$la~e,m:ent 0-' COinpiiance''; i's'qulred ,by 1iu.~PIJ.ragJaph ,0,.'3'. (iiJl~):' tdl', The:JaJslfic_~'t~~tl'or _nY',of: lhe"a_bpve 'Qerll:fic~UQns may ~u,~;~c;t::tlJ~-"QqJttn.,()_to,r _ Qr ,S_ubll_oritraclor to clvO tir cfl",hl_!!1 p-r,O)I_S:tU'fio_1l ,-,'~,"I:I_$t Sectlon_ 1001, of 'Tlt~e-1-8' !lind ·Sec_ilon 231 j)i TiI"e31'·i!(t~\iou~)!."'SIll:t'~C~de·, . tii~)_ Ttj'~: _.t~'~'ti·a,c_Jot: OJ ,.ij~aCJid_ril:~tor _ lihall ma~~ th'e _r:e;c,Qr,q~_: r~g·Y.i,r$~':/~lla~r 8ut~p.~agra.ph_ A .. ~'.lll ,~;iJ81'-at,ile ,:fQr l.nlp~~l,on,!_, ,c~",_y:,h1.9!_ or'-tfa,'~~,C~_IPtl~,n., _by' ,a.lftfl~rJ~~d re'i;lf;esenlatlv.s;~·~f·-Ji.uD 'O{-It!& 1:I.,~:IQn~EJ: Dr -th~ _b~p.a:rtinent 9-.!, .1;.:8:bor.:, __ :aQ~' :,~:~_a,1I ,p,e.rm,lt, ,suc;:h repfesetfta'flV,eil-to Irll.rVi"W'Olilplo~e"'during Working h'l!urOiD"lhe Job, If ttl'e ,cQhtra,ct.4t::Qr· ~,I"I,~Q(JQtrac:'1or '18U:';'lo: ,slibml. ti:i"a rfiHi'l,Iired <re'cQrd:s_ :~r." to_,'I)rRk'e 'them available:; HU~ _of It¢ d,~,lgne~ ·m~v. '"lIftElr. -~.U~.~· noHc;e I~' 'the C-,QnhlilcXOr, $pOn_IOr, .a:ppUc;'q,~l :P~;:9W.,~t; : take. -such action ·as' nhlY be nece~sary t.o' 'ca'~se 1hi3Aitis:lte,98Ipn qf ~J.1Y'fiJrl.h.Etr _pavrnent., advance, 'Or-g,Il'r~",t~e-'I~rf~,nd,l!'. Fudhlr.inore, (.'iure to' slibRHt .the_ req,ujracf re,c,ords:-'iJP_on re(i.ile,t or to m-ake' ~.uch r:~cords ~~V::8na~.I.':ma.y, be,gr.,Gunti!! for,debarmsnl' 'action pursuant t'o 29'CFR.5,l~. 4. 'AIJ,p,r~nt.lc •• 'and Trainees. fll 'AI;J_,p,rer.tlu,Qs:. -A,pp'rentlce_s will be permitted to 'work, at feli:s -th'ah .the 'p'redetennln.e:~-,t~te fgr the' w_ork they p:er.fotrftad when -ttJ.s.y are employed' p_ursiJ'anl to and Ih_divt'dualiy r~g_is-tered In a bon~ fide -app.renticeshIP p_rQ9,tam r~g:hlt~(,d-w.lth Ihe U'.S. oepartm~-nt of Labor, Ell1,jiI_~yment. aild Trahiln'g AdmlnlSl-ta,tlon, Office of Ap:pre.n!lce!lhlp' JraJ';Ij19" Employer and ,Labor 'Se-r.vlces. or Yiifh ,a _S:t~tQ App:r~oticeshlp Agency rEicog,nlzed by the Offi:ce, 'C)r If' '8 p~rsori Is ,employeCi In his c'r her first 90 d'ays' of Pl'9batlona'ry employment as an apprentfop In such an apprentlce,shlp program. who Is not Indlvl.~uaIlY re:glsterei:t :'n_-the' p,l'qg:iem. but who h~s b~en 'ce.rtlfled by the Offic:e of-A:pp_renti:ceshl_p 'fralnrn,O-, Employer and, Labor Ser,vic'es or ei Sta:te ApprenticeshijJ Agei1;cy_ (where ap:ptoprl"te,) tq be ellg-Ible .for p'rob:atio,nary empfoymenl as an ,appre,ntlce. Th"e, allowable r,aUo of apprentices to JOiJr,neylTi'eh on, the Job site In any craft 'classification shall not be :g.reqter than tile ratio permitted to the contractor as to the _e'ntlre,work torc_e under the registered program. Any work,ar listed on 8 pa'yroll at an apprentice wage ra~e, who . '1 I~:"~~':~.::'~ or olherwlse QmpJoyed as -stated ~bove. !ess than the ep,pllca.ble w~",." red,~_ -o;n tile ~;i~:r~~~.'~:t:~::~I!f,o~:r the cl~$slflQation ,cf work Eii:cUtafly 'P , -liIny apprentlQe perf_or;~lng,;wo,tk.-'O'n :?j~~~.t;~j;:t:~~;j of t:= __ r:!~~ _-p~e;rl::_~~~:_:~t;~~:,_,!,~: the' wa'g,e detenri'.fn~JIQn'tor, -the Where a oon'fraci"ot--l$.:_pe'r:f~,rmlhg in IQca:II,.y 'o,the,t-,_ttraJt:tb,at' il.'n- ths retfoa aild''W:ag~L_ra_le~ Qf thQ JournQ_ynr,n-l;,s': 'h~u:rl'y (ton1ractDr;s' ct IhJbC'CU1tr:ae:l~rS shall be observed._ EIf.e,f)" ,~~pp.r~~tic.e I!3"Q8 t~8n -the rate sp,&t:if,ri~: :Ih' :tije the -apprentice·_, lav,1 or:;~rQ-gi~_s:~i oJ _the, Jo,unleym,~~:-biUtdy-[_ate, applicable -wage d_~tEt~'1Iiatlqf1' ;1~~li~~~~~~i;i;:~:iP~aid fringe b:eosfill:' '_In a:~c,or~!iln~e IIle_ '.p_p(~nth::\es;hlp l~tQ.-~ral'ii. 'if",If'!_tt do:es not specify fti'n:~~ :b_a,.eJ'ts'; Ihe full a_IIl~!,I_nt Qf 'fflt,S,e 'b.._a'~_fi.ts . _deterr:ni_nation for 'the :a'p.~licllble . -', Adminlslrator de.Q_r-~l(rJ,$ ffj'.t '. ~or _the ,appllclilbl.: 8p'pr.nUce bEl :pald 10 :qc'COI'.;;iance'·,Wr.th, fh'at eVerlt .the Office of i\'PPf.llh(I;Q'''l:Iip La_tJ~r S~rvf1l.'.·, or B Slate recl?gnlted by the' Offlq(i-, of an apprenl.ice,shlp proUralll, -the longer be perml.Hed to: utilize the applI.cable·'pre~'~~r:mi"ed ra~e IInlli an-acceptable pr,og:ram Is E,~ept as provided In 29 CFR 5.'1-6, ~ permit-ted to wQrk at I:ess ,than the the work perfOrmed unl_ess they are ',to and Illdividu.lly registered In a received prior approval, '(tvldsnce-d by by the U.S. Department of Labot, Tralnlnu Adnilnlatr-auon. The ratio of on the job site ,shalf not be ore"tar under tna plan appro,ved by the Tralnl1)9 Administration. Every trainee not less than the rate specified In the for the trainee's Ie_vel qf progress. of the journeyman hourly rate wage determination. Trainee. shim benefits in accordance with the pro':;lslQ,!1s ,,9! the, :t[a_,lnee program. If the trainee program (j'ci~, (fOt-'mentlt.n fringe benefits, trainees shal.l be paid Ills··.·fU!l. amo't;int 'of frlng8 benefits listed on the wage ~ej~n:n'ii:Ultjoil' u'iil'ess the Administrator of the Wage and H~tl{oJ.vi$lon Determines that there Is an apprenticeship pnn;jra'lJ) ,as!iu~QI.~tBd with the corresponding journeyman wape rate .on 'fhe wage determination which provides for less thin fuU fringe benefits for apprentices. Any e-mpJo:yee' lis.ted an the payroll at a trainee rate who Is not r~S!_~t:e-re-d -arid pa'rticipatlng In a training plan approved by ,. Previo)Js eqiUons arv:obsolete P.gO 3 of B·' 11 .. ~ lnNials:--_""rJt· ______ _ form HUD<4010 (0612009) ref. Handbook 1344.1 13 95 , ' the Employmenl 'and TrainIng Admhilsl~allon ;shall be 'paid not I~ss tij~n the applicabJe wa:ge rate. on the wS'ge dle'tsnnln-atlon',;or the w.ork::s'ctuelly per~orm8~. I,ll add/flo,n', any ~r:,dntu'-perfprm1ng -w'Clrk on' the :19,~ aHe 10' e)(c)Slss of thf:!: ,r,at'-o'_-~er,mUt:e~ "Under the t~'gJSle~e'~ p'ro.g,r •. rti sl)~'I __ b~ p'aJd, ,no':Je'-ss; f:ha,!."t~e ap'p'lfcabJe_ W~,f18':(ale ,on :t.~ .• -W'rfg,Q- ~:~f..tI'l1Jn·a~I,on;-f9r: lhe Wo:rk 'aiJlu.U.:y, per-formeG. /rl---the_ &)'_ent :th'&" 'En'tpl,i;)ymsrit ,a,n,CI: naJnf~g A4,mJI]_I~trahiJn ,wjlh~raW. ,~P,P't~"_~1 fJ.f ~ _ t~~iJlI",g: program! ih:e cotitta~lor :will. ',n~_ :I(f_ng,,:,"-f,-,ir"p.stmRted:, t'o· 'uHII~e-lrfilne~s Ell leaf;, I~a'n ,the, :_a,ppltc.,~i~_',~re~8:~e,rrPrne'_d rate' t~r th's: work-'p:erfo'rmed IIn.1JI .n,ac.c~Pliibl"pr(j.\I'illii ,. ·"p:p,oy,d, Wil"!t~.i~",p)~¥me~t c>p~.ortunlljr. Th .• ~t/J/z~Uonol ~,.,IJI:;entlcl!·s~·l~'~_'"_"~:~' :~.n:d .j!l,!Jrn8Ym~n, Und er ,2,9' C--FR_ Pst._ 5 s,11;liIll--be, _I,n; :c~nf~RhltY WJth' th_e ,equal, -eRipl,oy.m_~"1 ~p~~'riuJl.i(y '"q:~lre'r:~hls of Execu,lve, -,drder 1'1'246,-s$ ..... ehqoiq. and·~~'QI"RP.rt~.o. S~ .C~-n'pll.n.~e ,:';'~~t.h :Co.p,:ra_n-~, 'A;~t :,r_'R~jt"lJJ.e_"ts. The ,cC)"lr!{pt:'9r,_~.an_':J),Qm'p-w wUh, .the _t.eqllh~eme·qt's: ,0" 29 CFR PI.,1 ':~:,-w~rc~_:are:',ih,Qlnpora1ed b.y rf,Jfetenc;e_ in-tbf~: :O,ontr&:of ~,. _,~_~,Qo,nt;_ti'c_l'. _ '~~e; cO'iUrac_fol! o,r '$U~90'o.fr~.~tq_f ,VlIilf Uts_erl ,in" ,ali">,' ~s_~~9q,.,tfa-t;ts ,the-~ljlIu,_es C;lmi~'tne_d In .!I"p.r.Qraph.UhrQ~Qh fl Inthls ·p.'~IiT.ph '" .~.~ ·.~ch othlifr __ diaUses "a&"~,UD ior Its _cfe~i~t1.'ee 1l"~Y' by .,_~:prpp:ri~f_ l.nn"'~II~n.,~q~f'~,.~lI .0 .coPyol lhei\l>R'ioable ,pre~ijl~~;cYi~:a·lt""Ei~ls'IQn., B'nd ·al'l) a 'cJ~~~e,. r~I(I:',1illJ,_9 lhe .a:-i,l.b·i:D~t!~'ct~.rs_ ,tQ-'ljJc_lu~tQ ·thaa's ,CJIII,UH!I!i, In ',anY: )oW,er _lIer Slib1:on.tracta. "the; prime: ,con.tractor 'sf)-aU ~e' "rEj!sponsibl,e for _the: compliance 'bY any stlb99g,trilcfor or I_ower Uer 8libcom~C.tDr WIth aJI the c_oJJtrsct clause's: ·liI· ,this parag.tapti. ,",". :C,~;nt_,a~l-,lerrniriatlc:m; debarlnent. A ,breac:h of '1h~ contract 'C4aiises -In 29 'CFR 5~,$' m:.y be· g!!!Junds for UU'fI)i"_iI9",';of\th.e Qc:m'tl~e.ct ;C\nd for ,deba_tmeIit as a _contraclor and a subcon,tr~ctor as pro,vhfed 10 2:9 eFR- 5:12.; 8 •. CoinPllB\lOowlth .DiI\tIli-Sacon and Re!atedAqi Meq"'''''''.''ts. A,U ruUn:ga-and '.fn'tB'tprehiti'ljriS' of th'e· D~Vlli-:B.aC9n and Reh.tetJ A,cls, c:Dnhlli'I~H1 In -~9 CFR Psrl,s 1-, 3;, Ernd -5 are harei:" InGoJP~rEtt~i by re,ference_ In this contract . 9. Dlsp"t,s concern'lng latJ,or etandards. Disputes arising (Wt oJ the labor slajTdards p,rovlf3!oos-oJ thl~ ooril".cl ,sbaJi -n!>'t be s,ublect to the' general disputes CIEtUsi;:. 'of this c:Onlt~~t. S-uoh dliPules shall os' -relJol.yed In accordance -WUh: thil proc,dures of It." .Dap-artme,nt of lq.i)()r _seJ 'foU,h in 29 C'FR F»arls 5" e,' 'and 7. Disputes within'fhe Mean-ing of -this alause Include dlspul_8S between the contractor (or li!ny of Its 8ubc,ontrlll-ctor:a) and HU.O Dr' Its d._sig,Iie,:. the U.S. Department of Labor, or the em,ployess or their repr~$entatlves. 10. Ol Ce.rtlllclillon of EIIg.lblilly. By enlorlng Inlo Ihls conJnlcl the c_onttactor cerfifl,es thai nell her It (nor 'he-or she) n'or an_v _p:ers,on or firm wh:o has an interest in the contract.or's iirm Is a person or Firm. Ineligible' to be award,ed Go.vernme,nt conlracts by virtue of Section' 3{a) of Ihe Davls-Socon Acl or 29 CFR 6.12(.)(1) or to be Previous editiOns' are obsolete awardsd HU,D .d,DilJracls or PlIrtlclpale /n HUD p_rograms p~r~~.nt 10 U·OFll.P . .,1 24. fill" Nq.',parl,'Qf'.U:lla::C;Q;nlrp,cl ahall be s'ub4ontracte'd ·tQ ~n.y p_~'r:~ol1 or fir...,: _ ;1:n'Etllblble for award of a G.~v'~'rnine'nl ,ClO:~If.~ct·: IW·, lii,t""" ,Qt,~~ctron 3.(iiI_) or Ih,e-bavla'lB~'qf;iO ,A~l O(J.!·~;CI;'R5.f2i~I(l}or 10 be .war~e~flI.)D co~tr~cl. or 'Jf~Hj~.ip'ale; ,111: HQ.Q:,pr._o~nms purSllant1"O, 24 CfR.-.Pan 24. '(h~);, Th',e: pe_n,al_~:~' :fQ(!rn,~~-lng fal5:Q stiltlJmen~s-ia, pta.crU:~ed 10 Ih. (1.$. cibnl"al¢:o~e, 18 U.S.C. 1001. Aij~JI!"oally, .0..8:;" :erl~,'n,a)-,'C9~Ei-i __ $,'ectlon '1 '0·1 ·(fl_ TIUe_ 1'8, U.S.C., ~Fe:~S!'_f:~1 Ho'~~lng: 'A,~m:lnis,traUon tr,anu'c,tiol1s", -p~o-vic1e., -In .p:arii"-"\AJh,D'e~.'_r;",,,lql't_:::j,H~;,-,p,urposs 'o~ , .. Influ._"ClnlJ, in: .~ny ~_li!i'HJ_t! _ 'liQu9"n;,~o:1)_~_~~;_:Admln_'8tr(iUon., •••• niil"kss., l(l!IbFS or p_LlbJisne-s' ,a'ti",:~tt~lfj~,e~nt_'rul0wirJg _ th,e .S8_m'Ei t,1;) -~~, f ••• e •.•••• sh~·I1_,,:be f!n~I;t-' ,~,o.t:.-JI10Je '(taan $5.000 o'r impr:isoned not mor~ 'lh,J:~",~o __ :"y~:ars, •. ,Qr" b'o'lh.'" ':10, ___ C;,(),mp.l~.I:nJ',I.':,-, __ ,f'.r~~,Bed, .. _g_S", ~r tesliinori,;Y :by E'fhJop,YA:e~.; _ 'I\j:o::,,},~b'or.e:r or mechanic too .Wh.o:m t_~, ;wag~ih s'a,lii'r,y" "Ol,;ot?el:,I.;b:~f "~J~!ldards prQvis[ons Qf' ,Ihls, Contt~bt ~~_f!!':_:,~_'~PflQ~'_bt'e_,:J_t1)il,k,ff.,_-dJ8,charged or ,In any cittler'rtHI.rtl)e.r -ifls'qli'Q1ji:i:'I,~d "~,~In,s,t. by the _ Oontr.~:ctot ~J' 'anY s:U:~~~"ft~q,~_9.r ,4'~,~~,~~'~ 'such empfo~.e _ hits filed any PQiI1Pfilh,t or !n~I[IIiJ •. ~or cauoed 10 be r.nGIII.ulpdeny P~~'~~~4hi~f ,o'r: ~'~:~',: ;~,~~,J!f',~~ o.r ,~ ;.bo,~,l ,to' ,_I~s'lifY in any . erlj:~,~fll_t"!9-,~t!~I::i~r::_-~.r: ',re'ia-i1n!l 10 'Ih'e labor sta:i),dirds ~pPllp.bt.'unH."!~'~;:C;~~li.~IIO hi. emplofer. &, 'C~nli"aclWJjr~~R! 'aiHI Safety Sl!ln~r4l1 4Itf.. The !lfQvi;iO!J~;9ftljiijl~!"!l~,," ~are .ppUca!i1!! whe ... !be .amOUid 'Of Ihe Poj{n~"l'!i\JBcj~~#~'$t~~iijoo. A. _ Ililhl$ pg~ Ihe ,te~8'~~ci~t8"-:~~:_~_e:~r~· inclq<Je ~a'tchmerl and :",~ards. '(-1,:)" '·~,<?v.e __ ttffrj'~ ,:"'~9,uh~!:ijI,.,ri.t8. ND ~r ,or ,~~ntractor i:Q'!I!j~,.f9fi,!!y·~~rt.o"ih. !>QIIIract woik_may toqUIie or 1n~·.ll)8l1(!ipi<IY.Iii"i1IOf .I.b~to..or liiectronll:S sh,H .. """" or ,J.i~i:Otil::,it,!1y·'~_~_Qh:"~!)~t; ~r~Il1_.l;:tumlc In soY WoikWHk: ,In _WhIch the Iii~Nid\\llI.~!!I1Iplo~ 'o~.~i:h. worldowolkln exoess 0140 hilum in ,suQtJJ woi~\V8~ ---,u.~.r's~: ,-,:suc~ laborer _ or meChapic_ rece1v£ls Coro-peb8~I:D_~',:~,I:a' _~~41~U~,$$: than one alid one--helf times the basic ra~ ':t)f' P.ydo_f, all 'hO,urS' ,wOrked In excess of 40 haJJi'll In such )ii~; ,f'21" _ vr'QladulJ'j, IIBQJHty for unpaid wqgesi liquidated ,~ .. mi,g,s. Itt Ib~ lil'V!ilii\'t of any viola,tlon -o,f the ol.use set fodh :J~_~$ub:p~r~,g~ap.h ,(1'.) of Ihls para.graph, tll_S t;tmhactor aiI'd ,any" sU~:Qo~lrit:i;tor" 're-sponslble Iherefe:;r shall be liable 10r ,~e' u~_p,atd "W8_9,h. , ,In addition. such contr~ctor and &,uboont~a'clo:r :sha!1 '~I>e !l.~ble to the United StaJe$ (In the ,c_a8~ Qf work-dan's under conlract for th-e District of COI'~mbla 'or a tetrllory. to such District or 10 such teitlt~rJ'.)., ,for J.lq,yl,d'Ht(f damages. Such IIquld'sted d~IJHI'ge,S-shan be" (lQRlPlJted with respect to uch Individual Jab'o~er or m.eot}an.!.Q, Ih,pic.idlng watchmen and guards, emp,I'!J;Y~,(I-'In vl-oI-a{Jon of the clause set forth In sub:para'l'Ira·ph (1J of UiI's paragraph, In the 8Um of$10 for each Cal~iiaat day on Wh.lch ,suClh Individual waS required or psrmltted 10 Wolk:~rr~~ss' pi the: sian~ard ~rkweek of 40 hourS withoul paYment ~r:,ihe~o_Verilme wages ~equ'ired by the olause set -forth in sub p,sragr'Ph (1) of Ihls par.graph. ,. ':. Name ofcomir:.l.'t.&4~C.~'"'(4-..lC../.!IIi4---- Date: 1l Pege 4 01 6 .::.-., Initials: --It~------ form HlJD.401 ( 12009) ref. Handbook 1344.1 .,' (3) Wj~hhq~~I,n,g_ 'fQr unpaid wBs'as ~n~' 'IJqu_f~a'ted d.ms_He,I,. HlJo ot Its _ d-e_~,{fJn,Q_e; ~.tlaO _u,_p-p,n ':.t8, 'own ,acllQn or ·u'p.o,rl WJ!~~~m rfJI,qlcfes' ,o_~ ___ a'n"a:iJthorl~ed ~rep:re',_en[~lhf$ 'of t~_e;_ P.'~Ra.~,m~~1 4t. LSbb_T_ ,~n~hQ'~'~: qr: -(:_~.p~_e_' tQ be-'\yI~hheld I f.;citn ,~a ~~', ,Dl;/j_lleYIJ:' ,pjl~~a,bl,Ef !Qn~ (~COD ulU; '(It ~or.K ,:petfQUI1_",d'" 'I;) y J he: c'g nl". ilt~t, oJ: $,tlbco:nJr,i ~19,tum:t~l' ,:~-:~;y>s_ttC~~ ,:C;OI)"trs'ct 'or anY:-,(u~'i' .F'Jt~t"-, ;~.~"I,r~~t,,'~llh, ",fhs_ s:_i!N~ 'Pr:l~_Et_,,-,~_qnlract. G)):' ,;aoy,_: of~~,~' _FedirBur-a:~_sl~t~,~" c~:n'trQ,cl:,:SU_b;e<;t. ,to, the '.C',(;),lIttti«;t: ,Work: tI:q_U~~~:" ',;m~: :S:8_!e_tv' ',~Jani;H~rd~' ,Adt: __ :~h'9_~ is_ ~,~;fd: p,r-_'.t:~:e:',,_s:a9I'e:, ,priore _~contl'l~,~tQ,(: -,~~:gJi $'qma :,8S may: fie :~,'ClJ~rm_'hfil~; '1_9,' ,!;ie ii~'Q:~$_"'~rv, to,:, : •• Us;fy,_}aril, 'lIa't)I,'itlEi~ o,f ~iJ~~!J.'. ~Qn:lr,.c~oi.:~r :s,,:~,co~tt~~lot,' for ',Il"--p'jjh~ W,ag,es -a_nod -"".~'ld,~:t~~: ,_~_Il:T~_ge's :,:'~'s; :piqv!,~e_'~', ,In-the' chiu.e' 'SEtI' :forth' I~ su"jiiii~Rr'~J\,·;(~)·.rt~r., p.'~QI;I~H, '(4l,' ;Sb'IJ~~~Q~t.i~'~ts._ 'The_ .q_o_~'tr_i'~tor ;or:'~~ticon:tr.,~_tor_'~h-BJI 'n:s:,!tt', Ill, :E!:I1.Y.'_, ~Ub~~I:i:ttll'br.s" ,'the' ,~fa",_s'Ef&',-; s~,t, 'forth 1n s:~bpa,jj!i~.jih"U l;!~i~~9~.·. 'M.~! 'lhl~Ra'';ii ;~ph .n.ila.li 0 • 'c'I,~~~,~' _"req~r~r,~ ,'fb,~_" _ )j,~b_,d~n,t!a~io:r8-__ lQ, _'h~-'-~,~~' U,e:s~ ·ol'."$'Efs-':in ;Bnf'i~Wer. ~_"e'f:-:~:\I_~'~~~t:r,.:~_t_s., ,_ lhe,: -.prhne ,¢rlri~'r",~!~r' __ ~lj~.,!: :Qe' _' .r~lJp,~_~,bl~, ,_r~_r, ;cQ~'PlJa,n~~_ '~r, any ·s,tI.(,-~:(ni(f~~t.O~;~Q.~ -~~Q)V~_rj!Et'_, '8Ubq~h-'t.,C"~~ ,w_l_t~, W~ 'QIa.u.es .,,1 iciith. In .• J,i~ii.'\lgt.p~S.(iJ thiJ)~lib 111 ., this '~_~-r_ltg:r~'~~,: ,_' ,_ . " ',__' '_ .. ' __ ,_. Q.,~ •• llh .!ilid $~f.l}'. TheJ!lll~Ip'"s""fIilaJHii'a9~b.Care .pp~~~.,YI!t~,""':aJJHJWii,oiiiIG.PJlJil.;cDJ!I!ii.Cit~~~;$19Q;oIllJ' (,11 :N~: :1_@]jgt.~',,;QrAn=!,~h.~I'c-,:$~-~il ]i. __ ieij:lt~re((.:.lO '.f.r-Q~k' In .:"*rJ:purrdinq,5 _ ,at '_ :Ii~_~_er:, ;,w~~,li'~ ,!;9~1i1_*~~rt :Whf(j,h~ e're on$anitii:I)t'. :Il~_~.~rqo:u:s,;_ ,:')("_ ·"_~,~S,.rou. -'~o: :his, .he~l.tl1 ~,n(i $:.f:"y:,@-.;.<t'~~rm~,~,~,~ "uQ~,er .. otrn!StruQU~,IJ'-8tlf~,w: ~n~' fla,.lth standards pr:o'iiI~I,~:~'tfi_I;I' by tlrit as __ c;rli!-;a'ry 'of 'I;.abor :by r:~_g-~l~:ti~iJ-. . -(2') Th,~ _ p:QQi,ill~t_'lr: .$~alt cQl'IIPly--wn~ ,-.11:-reg4'.cUons t~.Ij_el~ ... by. t:h~ ,!set.,et~n~, 0.( ',,,"',ab,_or,':,,ur.u'alJt tl) Tfti~_:2.9 Part 1,92& 'a:jlj:t ,f~:lIp,~ t.o~ "-coilJply-,m~y: ,re:$(,I-" In' :lm.pO_!l'~iDn 'Ilf saIlc;tl..on~, purSUB,I'lt to,,-th_e C:~n~radt 'Wqr~ 'HDIl!. a,nd !lafa.tV Staild.rdil\.t,(P~bUC: I.'IV 91·54. 83 sl.1 96). '!IUI§Q 37.0'1-ei'8'~~~ (~l The. 'Qo_ntr~rct_p, shall Inchlde 't'he _prj)YI,._I,Qn~ ,d( 'thIs para:s __ ra.-,Ph.ln :evsi)t ,8u.bcontt~lfoJ sQ ~h~t :SLI.D,h_:pro_vi'sions wll! b. IHn.tJlj,!g em Q:Bch lIi",b-con-'taotor. The conlractor'_.'s.halt t"ke Sl.Ic£h action whh, -respect til any I$libcQ!11r8ot~r as the Secreta'ry of ,Hi'iuaii'!,g and Urban De,v.eJopmant ot the Secreta,ry o_f lab,or ,shall direct as a mei:IPs' \if enforciJ'l9 such' pro,vlsions. ..: previous editions are obflQlele Nom.of Company: L.B~& c-t. Cu".. (Ie: i)alel ~ : .. ~ , .. " '-'. P8ge'5·of6 fl ~ InilioJs: -"f"=::.. --.----- 97 form HUD-4Ql0(oiil2009) ref. Handbook 1344.1 Exhibit 3 to RFP PR2018-09 PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT BREWER PARK THIS PROPOSAL IS SUBMITIED TO: Steven Alexander Oty Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 RFP PR20 I 8-09 CONSTRUCTION BID FORM I, If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth i~ Exhibit I (Scope of Services, Attachment A, .. 8) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those deExh'b;t 6 t RFP I of ProposallBid Bond;i! required. This Proposal will remain subject to accel I I 0 jays after the day of the Proposal Opening. The Respondent, by signing and subrPR2018-09 ,es to all of the terms and conditions of the form of contract that is a part of the , appropriate changes to conform to the information contained in this Bid For to sign and submit the Bonds, if required by this Solicitation, required insurance C Icuments required by the Solicitation, including the Contract if not already 0) calendar days after the date of the City's Notice of Award. . 3. In submitting this Proposal. Respond_ .... or' _ ••.. _ •.. _ .. a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda. if any (receipt of aU which is hereby acknowledged.) Addendum No. ALL Dated: May 2018/<J~'r-e 7(', f. b. Respondent has familiarized himself with the nature and extent of the Contract Documents. the proposed work. site. locality. and all local conditions and laws and regulations that in any manner may affect cost. progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has studied carefully all reports and drawings. if applicable. of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost. progress. performance. or the furnishing of the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre·bid marking of the construction site by any or ail utility companies shall create an irrefutable presumption that the Respondent's bid, or proposal price, has take-n into consideration all possible underground conditions and Respondent, if awarded the contract, shall not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. Thomas F. Pepe 1211412016 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the. Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibiUty for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations. investigations. explorations, tests. reports or similar information or data in respect to any Underground Facilities or conditions are. or will be. required by Respondent in order to perform and furnish the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities andlor conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has discovered in the Contract Documents and. if any conflicts. errors or discrepancies have been found and notice given. the Respondent represents. by submitting its proposal to the City. that the Respondent has received sufficient notice of the resolution thereof from the City. that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm or corporation and is not submitted pursuant to any agreement' or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited ~y other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The. Schedule of Values. if reqUired. is prOVided for the purpose of Proposal Evaluation and when initiated by the CITY. it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values. except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such. the Respondent shall furnish all labor. materials. equipment. tools. superintendence and services necessary to provide a complete. in place. Project for the Proposal Price. If this Solicitation requires the completion of a Cost and Technical Proposal as may be set forth in in an exhibit to this SoliCitation, such proposal must be attached to this Construction Bid Fonn and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: . Twenty Seven Thousand Four Hundred and Zero ($27,400) LUMP SUM BASE PRICE: dollars and cents Alternates: #1 NA #2 NA A fee breakdown for each task included in the lump sum contract price. if applicable. must be prOVided. Failure to provide this information shall render the proposal non-responsive. 5. The ENTIRE WORK shall be completed. in full. within 60 calendar days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Legacy Construction Services Group Inc. DBA Pro Playgrounds Address: 8490 Cabin Hill Road. Tallahassee. FL 32311 Telephone: 800-573-7529 Facsimile: 850-328-0341 Contact Person Paul Adrianse 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents. unless specifically defined in this Solicitation Package. Thomas F. Pepe 12114/2016 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Construction Bid Form, and are made a part of this proposal, by reference. 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such -information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e·mail confirmation, if any. I hereby certify under penaity of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information -and representations contained herein are true and correct to the best of my knowledge, information and belief. SUBMITTED THIS --,2",4",th,--_ DAY OF M"'a"-y _______ _ 20~. PROPOSAL SUBMITTED BY: Construction Services Grou Inc e President Title Thomas F. Pepe 12/1412016 thoriz ubmit Proposal Telephone Number 850·328·0341 Fax Number info@proplaygrounds.com Email Address END OF SECTION L