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Res No 138-18-15171RESOLUTION NO.: 138-18-15171 A Resolution authorizing the City Manager to negotiate and to enter into an agreement with Bliss Products and Services, Inc. for a new playground structure at Dison Park. WHEREAS, as per Resolution No. 012-18-15044, the Mayor and City Commission approved setting aside funds in the amount of $70,000 dollars within the capital improvement fund for the installation of solar collectors at the public works and pool facilities and reallocating the funds for the installation of playground equipment at Dison Park and Van Smith Park; and WHEREAS, through the Procurement Division, The Parks and Recreation Department issued a Request for Proposal (flRFP") for the design, furnishing and installation of new playground equipment. The City received five (5) different playground designs from three (3) firms; Option #2 provided by Bliss Products and Services, Inc. submitted a playground design that incorporates multiple types of play elements as space allows to ensure a play environment that encourages and develops a wide range of skills and developmental opportunities for children; and WHEREAS, a Selection Committee, comprised of Chairperson Quentin Pough, Parks Director, Armando Munoz, Parks Superintendent and Douglas Thompson, Parks Advisory Board Member, reviewed, scored and ranked the respondents to the RFP on July 2, 2018 for the completion of the "Preliminary Rankings." During that meeting, the committee had further questions for all three proposers. Upon receipt of the replies, the Selection Committee completed "Final Rankings" on July 26, 2018; and WHEREAS, based on the final scores and rankings, the Selection Committee is recommending Bliss Products & Services, Option #2, for the award. Copies of the Preliminary and Final Rankings are attached. 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 negotiate and to enter into an agreement with Bliss Products and Services, Inc. for new playground equipment at Dison Park for an amount not to exceed $70,000. The City Manager is authorized to expend an additional amount not to exceed $3,500 in the event that any unknown conditions arise that would warrant a change order. The total expenditure shall be charged to Parks & Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of $310,736 before this request was made. Section 2: 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. Section 3: This resolution shall become effective immediately upon adoption. Page 1 of2 PASSED AND ADOPTED this 7th day of August ,2018 . ATTEST: APPROVED: CITY CL~RK J .1 MAYOR" COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Gil: Commissioner Liebman: Commissioner Welsh: Page 2 of 2 5-0 Yea Yea Yea Yea Yea City Commission Agenda Item Report Meeting Date: August 7,2018 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: CONSENT AGENDA Subject: Agenda ~em No:3. A Resolution authorizing the City Manager to negotiate and to enter into an agreement with Bliss Products and Services, Inc. for a new playground structure at Dison Park. 3/5 (City Manager-Parks & Recreation) Suggested Action: Attachments: Memo-Dison Playground (QP1}.docx Resolution-Bliss Contract for Dison_Playground_QP _.docx Resolution No. 012-18-15044. pdf P&R Advisory Board Recommendation Notice.pdf Pre Bid Meeting PR2018-116.5.18.pdf Bid Opening Report RFP Dison Park Playground InstaIl6.19.18.pdf Proposal Summary Installation of Playground Equip RFP PR2018-116.18.18.pdf BLISS DISON PARK COMPLETE PROPOSAL.pdf FINAL Selection Committees Rankings RFP PR2018-117.26.18.pdf DEMAND STAR DISON PARK RFP 6.19.18.pdf Preliminary Rankings RFP PR2018-117.2.18.pdf Advertisement. pdf Sun Biz Bliss Products.pdf 1 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 August 7, 2018 Agenda Item No.: __ A Resolution authorizing the City Manager to negotiate and to enter into an agreement with Bliss Products and Services, Inc. for a new playground structure at Dison Pa rk. As per Resolution No. 012-18-15044, the Mayor and City Commission approved setting aside funds in the amount of $70,000 dollars within the capital improvement fund for the installation of solar collectors at the public works and pool facilities and reallocating the funds for the installation of playground equipment at Dison Park and Van Smith Park. On Tuesday, February 20, 2018, the Mayor and City Commission referred the Van Smith Park playground item to the Parks and Recreation Advisory Board for recommendation. As per the attached recommendation notice on April 5, 2018, the Parks and Recreation Advisory Board voted against the installation of any new play equipment at Van Smith Park and recommended that the funds in the amount of $70,000 be directed to the new play equipment at Dison Park. Through the Procurement Division, the City's Parks and Recreation Department issued a Request for Proposal ("RFP") on Monday, May 21, 2018 for design, furnish and installation of new playground equipment at Dison Park. The scope of work includes but is not limited to the design of a play system within the constructed play area boundaries, as well as the installation of commercial grade playground equipment and fall zone materials. The City received five (5) different playground designs from three (3) firms; Option #2 provided by Bliss Products and Services, Inc. entails a dynamic playground design that incorporates mUltiple types of play elements as space allows that encourages and develops a wide range of skills and developmental opportunities for children. The proposed playground by Bliss Products and Services, Inc. meets ASTM F1487-11 and CSPC standards. City staff consulted with the contractor's references as to hands on experience and received positive feedback. This project can be completed within the budget of $70,000 dollars. A Selection Committee, comprised of Chairperson Quentin Pough, Parks Director, Armando Munoz, Parks Superintendent and Douglas Thompson, Parks 2 South Miami VENDORS & BID AMOUNT: EXPENSE: FUND& ACCOUNT: II\I'H: AnACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Advisory Board Member, reviewed, scored and ranked the respondents first on July 2, 2018 and completed "Preliminary Rankings." During that meeting, the committee had further questions for all three proposers. Upon receipt of the replies, the Selection Committee completed "Final Rankings" on July 26, 2018. Based on the final scores and rankings, the Selection Committee is recommending Bliss Products & Services, Option #2, for the award. Copies of the Preliminary and Final Rankings are attached. The proposed bid amounts are summarized below. The solicitation encouraged proposers to submit up to two playground options: BIDDER BID AMOUNT PLAYWORX $55,699.99 BLISS OPTION #1 $70,000 c-----_ .... _. ~ ~---~"-"~" .. BLISS OPTION #2 $70,000>1 LEADEX OPTION #1 $70,000 LEAD EX OPTION #2 $70,000 Proposal/contract amount shall not to exceed $70,000. To account for any unknown factors that may arise, a $3,500 contingency over the proposal of $70,000 is requested. The vendor will receive a purchase order in the amount of $70,000. The total expenditure shall be charged to Parks & Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of $310,736 before th"ls request was made. Resolution Resolution No. 012.18.15044 Recommendation Notice -Parks & Recreation Advisory Board Pre-bid Conference Bid Opening Report Proposal Summary Proposal -Bliss Products & Services Selection Committee Preliminary Rankings Selection Committee Final Evaluation Score Sheets Demand Star Results RFP Advertisement RFP Advertisement Sun Biz -Proposal -Bliss Products & Services 3 RESOLUTION NO. 012-18-15044 A Resolution authorizing the City Manager to reallocate funds set aside within the capital improvement fund for the installation of solar at the public works and pool facilities and allocate them for the installation of playground equipment at Dison and Van Smith Park. WHEREAS, the City Charter, Article IV, Section 2, F. (1) provides that "at the request of the City Manager, the Commission may at any time transfer, by resolution, any unencumbered appropriation balance or portion thereof between general classification of expenditure within an office or department"; and WHEREAS, it is requested that the budget for Capital Improvement Program Fund Parks & Recreation Improvement line item, 301-2000-572-6450 be increased by $70,000.00 from account No. 301-1790-519-6450 by $25,000 and account No. 301-2020-572-6450 by $45,000; and, WHEREAS, it is essential to provide sufficient funds to pay for the design and installation of new playground equipment at Dison and Van Smith Park. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FlORIDA: Section 1. The Mayor and City Commission approve setting aside funds within the capital improvement fund for the installation of solar at the public works and pool facilities and reallocating the funds for the installation of playground equipment at Dison and Van Smith Park. Section 2. The Mayor and City Commission approve the Capital Improvement Program Fund Parks & Recreation Improvement line item, 301-2000-572-6450 be increased by $70,000.00 from account No. 301-1790-519-6450 by $25,000 and account No. 301-2020-572-6450 by $45,000. Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 1 §~l1day of January ,2018. Page 1 of 2 6 Res. No. 012-18-15044 ATTEST: Page 2 of 2 APPROVED: J!/f/rJ h14dJ COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Yea 7 ) I. I t II .. ~/\ i cll n i Parl(s and Recreation Advisory Board A Recommendation to Mayor and City Commission of the City of South Miami against the installation of any new play equipment at Van Smith Parle WHEREAS, on Tuesday, January 16, 2018, the City Commission approved setting aside funds in the amount of $70,000 dollars within the capital improvement fund for the installation of solar collectors at the public works and pool facilities and reallocating the funds for the installation of playground equipment at Dison Park and Van Smith Park; and WHEREAS, the final approved parks and recreation master plan does not entail play equipment structures or similar elements at Van Srnith Park; and WHEREAS, on Tuesday, February 20, 2018, the City Commission referred the Van Smith Park playground item to the Parks and Recreation Advisory Board for recommendation; and WHEREAS, the Par-ks and Recreation Department conducted a survey to determine interest in a new, nature-inspired play equipment at Van Smith Parle 74 respondents had completed the survpy. According to survey results, 60.8% are opposed, 31% are interested and 8.1% are moderately interested in new play equipment at Van SITlith Park; and WHEREAS, on Thursday, March 15, 2018 at 6:30 PM, the Parks and Recreation Dcpartrnent held a community public meeting at the Gibson-Bethel Community Center. A majority of the residents and members attending the meeting, if not all of them, were opposed to the idea for new play equipment at Van Smith Park. NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION ADVISORY BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Se£tionJ:! The Parks and Recreation'Advisory Board is opposed to the installation of new play structures or equipment at VZlI1 Smith Park, ~~_~tlQ!Ll..!. The Parks and Recreation Advisory Board recommends that funds within capital irnprovernent fund account 301-2000-572·6450 in the amount of $70,000 dollars be directed to new play equipment at Dison Parle Section 3. Effective Date, This recommendation shall beconw effective immediately upon adoption by vote of the Parks and Hecreation Advisory Board. 8 PASSED this .:?~day of tilli.il, 2018. ATTEST: ---------- Director of Parks and Recreation Advisory Board Liaison Advisory Board Vote: 4-0 Chairman Thompson: Absent Member Ward: Yea Member Williams: Abs(~nt Member Rifkind: Yea Member Kahn: Absent Member Morrison: Absent Member Jackson: Yea Member Lapane: Yea 9 Date: RFP Title: RFP No.: PI P . t CI TilE CITY OF PLEASANT LIVING Pre-Hid Conference Sign-In Sheet June 5, 2018 Installation of New Freestanding Playground Equipment at Dison Park PR2018-11 Name!Title Company Name! E-mail Address Telephone No. 1 3 () 5 Z C c·z. 0 ';:' j:.' .•..•. ~_~_ ....•• _~_.....l.-__ .• _ .•......... X:\Purchasing\Rcqllcst for Proposals & Qualification (RFPs)\20 18 Disoll Park Playground Equip\Pre l3id\Pre-l3id Meeting RFP PR20 18·05 3.2.18.doc 10 BID OPENING REPORT Bids were opened on: Tuesdav. June 19. 20J g after: lO:OOam For: RFP #»\\72018-11 Installation of :\e\\' Freestanding Plavgronnd Equipment at Dison Park CO:VIPAXIES TIlAT SCB!VIITTED PROPOSALS: A\10V:\T: 1. BUSS PRODLCTS A:\J) SLRVlCES. I:\C. ..... ,."." ..... , .. " ....... 'S'-lCJ 2. JJ~i\DEX CORPOHAllO:\ .... ,', ....... , ..... "., ... ,., ... , .... , ......... .. s 0\ ('I, C(; THE ABOVL BIDS I1A VE \0'1 BEE\ CHECKE\), TilE BIDS ARE SCB.JECT TO CORRECTIO~ AFTER THE BIDS IIAVE BEE" "j0'VIPLFTELY REVIE\VEJ). ) Prilll "amI: \\ il !les~~~_J' C) 17 tJ ---+'7'b,L-t---I Prill! \allll' Signature 11 INSTALLATION OF NEW FREESTANDING PLAYGROUND EQUIP. RFP PR2018-11 I NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER I Bid Package Specs, Cut Public Entity Fed. Signed Bidder Sheets, List of Non Coil. Crimes and Drug free OSHA Related Presentation Proof Contract Sun Bidder Bid Price (10rg; 3 Bid Form Ref. Warranty State Qualif. drawings, Subs' Affidavit Conflicts of Workplace Stds Party Dec of Ins with Biz I Copies; 1 sketches Interest listings Original Digital) PLAYWORX $55,699.99 X X X X X X X X X X X X X X X X X LEADEX CORP $70,000.00 X X X X X N/A X X X X X X X X N/A X X BLISS $70,000.00 N/A X X N/A N/A X X X X X X X X X X X X PRODUCTS I -----_. BLISS PROVIDED AN ALTERNATE BID; SAME PRICE LEADEX PROVIDED AN ALTERNATE BID; SAME PRICE 12 June 18, 2018 City of South Miami City Hall 6130 Sunset Drive South Miami, Fl33143 Re: RFP PR2018-11 Installation of New Freestanding Playground Equipment at Dison Park Enclosed please find our proposal for the above referenced project. Bliss Products and Services, Inc. has provided the City two options, each costing $70,000 to provide and install all equipment. However, the sidewalk requested has been quoted as concrete versus asphalt as asked for in the specifications. If there are any questions, please do not hesitate to contact us. Thank you again for the op- portunity to work with you on this project. Sincerely, Patty Carruthers Bliss Products and Services, Inc. Direct: 239-248-6430 Corporate Office: 800-248-2547 patty@blissproducts.com www.blissproducts.com www.Blissvl·odvcts.cOI11 1 S. SW15etWOI0f' Rd, lllniCl 800~248-2547 14 PROPOSAL SUBMITTAL CHECKLIST FORM INSTALLATION OF NEW FREESTANDING PLAYGROUND EQUIPMENTAT DISON PARK RFP PR2018~11 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response shall include the following items: 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 Indemnification and Insurance Documents EXHIBIT 2 --- x Construction Bid Form. EXHIBIT 3 ---- x Signed Contract Documents (AU -including General Conditions ____ and Supplementary Conditions if attached) EXHIBIT 5, 6, & 7 x Respondents Qualification Statement x List of Proposed Subcontractors and Principal Suppliers x Non~Collusion Affidavit ---- x ____ Public Entity Crimes and Conflicts of Interest Drug Free Workplace ----x x ____ Acknowledgement of Conformance with OSHA Standards __ X __ Affidavit Concerning Federal & State Vendor listings Related Party Transaction Verification Form ----x x Presentation Team Declaration/Affidavit of Representation ---- J J J J Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 14 15 RESPONDENT QUALIFICATION STATEMENT INSTALLATION OF NEW FREESTANDING PLAYGROUND EQUIPMENTAT DISON PARK RFP PR2018·11 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} In the past 5 years In the past 5 years On Schedule b) In the past 10 years 1\0 In the past 10 years On Schedule \\0 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: P2el( ~e\ f, y ( I\) un t{1 sc,\IJ Co \ & "21--1Ai D\eI tDAy 52 l\J\QlDC¥:S LOY \{let, \G ~L\-'7Y 014-114:\ \ b) c) Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: \ Actual Final Contract Completion Date: _~5~\ 2J?~-'\t..lo/B,-' ________ _ Original Contract Price: J 053 . I 0 Actual Final Contract Price: 1 09 . I n Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: De OJ () Ovii on pax,£., , CIT SCLpfOJst-lalt1 q; Re):, Y.~1 s.(1tQYtf tv(L~ hi VJCjtuD Wi1 1<51 .. COl o·~· (P 005 Actual Final Contract Completion Date: ---..:..54\ ..er2--:::..:0:...:I~Lf~ ________ _ Original Contract Price:2'1U q~5. 00 Actual Final Contract Price 1-'l U? ~J1 If). 00 Project Name: 15 16 d} e) Owner Name: Owner Address; Owner Telephone: Original Contract Completion Time (Days): _Lf5~-=.[)CA;~....J.\j_j ______ _ Original Contract Completion Date: ----'~~~~e~~~oJ...\ '0-==--______ _ Actual Final Contract Completion Date: ...........:0i'ri\Ak\-:-:-_e_-'2~<.>!.O....!.I...::'6==--______ _ Original Contract Price: _.....!qJ...l..:=to~li~t1::....:..:.0:..:::D ________ _ Actual Final Contract Price: __ qui ~lQWlt~\RLC'~QO-=--_______ _ Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: _M---,-"Clk:.=--",L!:.L.it\_k~D:....LI.....JJ,--_____ _ Original Contract Price: 55"" '13(1 . 0'1. Actual Final Contract Price: J5,1 ?JUl, 01.. Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): ----4-Q.'J....D -I.,..D~a~~..J--~ _____ _ Original Contract Completion Date: IV' OJ (fl 2DlI Actual Final Contract Completion Date: M (..LX'" Un 7 j)\ 'l Original Contract Price: _+.11J...q-L.....lq...><6:.!... -lLfL.:&=--__ . ___ _ Actual Final Contract Price: _---L\-_lq~q~5:::....._4..l... fr.....!!::...-_______ _ 16 17 3. Current workload 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 debaning from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: 1f111 oE N' OrIn U/lrurl ('. J ton Address: 1,C)Ol) fj\1:1 llit\1 l,-CLnt NOY1Y\ lYlClfi{,Jivn, rC Telephone No.: elf '6 -1 L.\-0-6'60 \ Contact Person: -£IDd~ Do'.rYl'v2~{JJIo!YU0-';+1\r.J-\ _~_ Type of Project: .MU..! 11 plt V\~t~ ~(O"Ul M all1 V DJrfOW f\ tc ClXYI e"n it-i.e J 17 18 Name of Agency: ~pGL\.{;\ \ ng CO V V1 h4 POJ'!L J ~ R{C. Address: fu0 tnCIVlO,JoJ DrtYf Qnth(l / Glt\ Telephone No.: 110-ttu1 ~ 4=150 Contact Person: . TJ 'm beKge.,r Type of Project: Muel b 'pit ~ \ ll'/ QJ fa vros ~. £ I'\( cuYlttl I n~ Name of Agency: ~ Df GhlJ a.paAAL6 Address: \2.-1.4 PY00Y<Jf, Vi Dr. lh(Ja,pan~e) VA Telephone No.: 16] -61 0-t Q005 Contact Person: lCf,V " YJ K Cl'\...G1 Type of Project: 1'1 Ll\ti~l (. P\CLY0 Y DU.D dJ onet VClrrovJ S\te~ OJYl~n ,-t,{J 19 18 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS INSTALLATION OF NEW FREESTANDING PLAYGROUND EQUIPMENTAT DISON PARK RFP PR2018M II 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 of Work Subcontractor Name Address Telephone, Fax & Email Landscape Electrical Irrigation Paving Utilities Excavation \Y\STIU [Q;t\;b(\ l)'V\J I1JW N, 4~t \ft· 5\i1-~1'b~4i>1"I Other: Of J<€Cre !.ltll'on l.£L.\t\ tuJ!()l\t' L. dWlSt@dw p\~flrowrw e~W'pWlent 'b?jt{lf?,. (eCreltnOYl .L-OV'Vl This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 19 20 NON COLLUSION AFFIDAVIT ) ) ) ___ --l.oGJ!J..Y'-'-f~g:p@~...r.0,.L.Ll..L:LS:z:..:::S--------being first duly sworn, deposes and states that: He/She/They is/are the pya lCl.£.,.tl r (Owner, Partner, Officer, Representative or Agent) of (I) 16, is 5 rroc1\"U.;t1 QJJ.cl ~-erYi((JI\nC.~he Respondent that has submitted the attached Proposal: (2) He/ShefThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly. with any other Respondent. firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work: or have in any manner, directly or indirectly, sought by agreement or collusion, or communication. or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy. connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the R.espondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: ~J'~fuww&: ~ ~ / --;}~ I PP'/I L Witness BY{(~~ Signature (2y(~ (bliss; I1{J0Ln t P';~'? /; ~d. ACKNQWLEDGEMENT STATEOF~ COUNTY OF-MIAMPeAeE4)\}.JI. "f\';, On this the \ \, .,.~ day of 'l'\; l~\= , 20 \ ~. ,before me, the underSigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) <:..~. !\... '\ '~.': C TY··. \ '" \. and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 20 21 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: 7.1 (Name of Notary Public: Pdnt, Stamp or type as commissioned.) ~erSOnallY 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 provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity. may not be awarded to perform Work as a RESPONDENT. Sub-contractor. supplier. Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the conVicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112. Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director. partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted tOe • C" h1 O-\-£0 \A.ith N' \ £l1l1, I [print name of the public entity] by _--¥8W-1re...Ll'et~=+-=-f2;:....:..=1 f~~S/~f(-",,-,-eJ=-.!...\ d,L;~h~r ______ _ [printr!di~al's na~and ti\~ rI f" ' for __ --t.O.f0.4.1 ........ 1 S,-",S_erl-'--"-c..w::..::...;..::UL~B~OJ1.~(A~"--,-, ,e'-'-y ........ y-'-"'Ko.;::;,eS"'-', ...... ' ........ hr...;:..(_· ____ _ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is f5t1-2. 'f I)' tR; I (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement; ---------------------------------------.• ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g). Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States. including. but not limited to , any bid, 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" indudes 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 22 23 another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter Into a binding contract and which bids or 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.] .l Neither the entity submitting this sworn statement. nor any of its officers. directors. executives, partners, shareholders, employees, members. or agents who are active in the management of the entity. nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I. 1989. __ The entity submitting this sworn statement, or one or more of its officers. directors, executives. partners. shareholders. employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a pUblic entity crime subsequent to July I. 1989. __ The entity submitting this sworn statement. or one or more of its officers, directors. executives. partners, shareholders, employees. members. or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I. 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida. Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY 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 INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FC:R YTEGORY TWO OF ANY CHANGE IN THE INFORMAllON CONTAINED IN THffi FORM. a I~ ~.~~~:~~j~g~~ur-~---------\-~-. -- Sworn to and subscribed before me this -'--"-___ day of )\j f'....l \-,20 :\ . Personally known V/.... 1Js--~-'Y'''',,:-.. ~~ OR Produced identification _______ _ (Type of identification) Form PUR 7068 (Rev.06/11/92) 23 Notary Public -State of ->...'--"-.....:..;.'--"'--"--"-'-~ My commission expires (\'P( .... _, )'\l :)X')~;t':l~ (Printed, typed or stamped commissionea name of notary public) 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. thac, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 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 effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT'< 5'_uce, 4~ ~ Print Name: 6 Yegg fbI IS S Date: W II tf lie 24 25 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI A \,tSI \ nC We, £;A \)) FrlliUJ; tj aX'\<A ~{fl/ I . (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the Installation of New Freestanding Playground Equipment at Dison 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-<:ontractor's names): Sub cooiyrutpy> 112D to comply with such act or regulation. () BY: 8req~ ezli~5 Name ere~ ldtnr" Title 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: httR:llwww.dms.myflorida.com/business operationslstat,u)urclmlngt~l1dQL.infQrrnatiq!1f~QI)YktruL~~ ~discriminatory: complaints~.vendor lists ECLARATION UNDER PENAL TV OF PERJURY I, ',(5 (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the follOWing stat ents are true and correct . • (I) I represent the Respondent whose name is (bt ISS \?r'ei:U{'~cl J!:,rV\!.ctf I I nL . (2) I have the following relationship with the RespondenteGf~ (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.myf!orida.comfbusiness_operations/state_purchasingfvendor_informationfconvicted_suspended_di scriminatory _ complaints_vendor Jists (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. ACKNOWLEDGEMENT STATE OF fl::ORlaM:r\:~\'I:;J ) f\ COUNTY OF MtAMI.a:AB£ ) _ ~ '~',J"-" f\;_ On this the\ ~ :: day of ;T\.~"'·)" , 2oL, before me, the undersigned authority, personally appeared (-, \\.\-\-.\; I, '-\ S:::. who is personally know to me or who provided the following identification ______ and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. \"''''\ ':"'v\ ~- WITNESS my hand and official seal. ~):;,,_, .. I::. ,"""~---,s..... 26 Notary Public, State of FlDrida G f:\;,~f''-.l; r\,,\ f' IJ(,···.lN {\ \ ·\,;l:;,·,C (Name of Notary Public: Print, Stamp or type as commissioned.) 27 RELATED PARTY TRANSACTION VERIFICATION FORM I ~ V"e~ ~ is S , individually and on behalf of B liS) am u.L t5 o.rd sey v; {£f I I h (. ("Firm") have arne of Representative CompanyNendorlEntity 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 know/edge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am (are) about to perform for, or to transact with, the City. and (2) neither I nor any employees. officers. directors of the Firm. nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s}. as defined in section 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 the city, or with any person or agency acting for the city, other than as follows: _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami. or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly. in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: ______________ ---,,--______ _ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members. who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not reqUired to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public. for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City. and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as 27 28 ~~ ~ necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\PurchasingWendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (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: ____ --:-_--::--___ -:--:-________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees. officers. or directors of the Firm. or of any of their immediate family to any appointed or elected officials of the City. or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (I.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents. children. brothers and sisters) have also responded. other than the following: _------------------______________ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, jf 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 andfor any penalties allowed by law. Additionally. violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury. I declare that I have made a diligent effort to investig te the matters to which I am attesting hereinabove and that the statements made hereinab are true and r ct to the best of my knowledge, information and belief. -" Signature: -+....,.-j'---.,q..-f-------- Pr-lJI'Mn t 28 29 Sec. 8A·I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of EthicS Ordinance." This section shall be applicable to all city personnel as defined below. and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel. adViSOry personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies. such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board. the environmental review and preservation board. the code enforcement board and such other individuals, boards and agencies of the city as perform quaSi-judicial functions. (4) The term "adVisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city derk, the city manager, department heads. the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city. or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the City. No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: ( I) The payment of taxes, special assessments or fees for services provided by the dty government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2). (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. 29 30 No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(l) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director. partner. of counsel. consultant, employee, fiduciary or beneficiary; or (2) Stockholder. bondholder. debtor, or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b){ I} who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise. or in any other form, without adequate and lawful consideration. (2) Exceptions. The proviSions of paragraph (e)(I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a condUit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertiSing nature. (3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in paragraphs (b)( I) through {6}, or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift. or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the derk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation, firm. partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation. firm, partnership or business entity have substantial business commitments to or from the city or any city agency. or be subject to direct regulation by the city or a city agency. then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of officiol position prohibited. No person included in the terms defined in paragraphs (b)(l) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information. directly or indirectly. for personal gain or benefit. (i) Conflicting employment prohibited. 30 31 No person included in the terms defined in paragraphs (b)(I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. 0) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of Violating any provision of this subsection shall be punished as provided in section I-II of the Code of Miami-Dade County and. in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full"time city employees engaged in any outside employment for any person. firm. corporation or entity other than the city. or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)(I). (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract. certificate. ruling, decision. opinion, rate schedule, franchise. or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal I'elief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter. license, contract. certificate. ruling, decision. opinion. rate schedule, franchise. or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection With the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to. any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official. officer or employee. (0) Recommending professional selVices. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm. professional 31 32 or otherwise. to assist in any transaction involving the city or any of its agendes, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials. officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall. for a period of two years after his or her dty service or employment has ceased. lobby any city official [as defined in paragraphs (b)(I) through (6)] in connection with any judicial or other proceeding. application. Solicitation. RFQ. bid, request for ruling or other determination, contract, claim. controversy. charge. accusation. arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever. whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a dty department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their offidal capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval. recommendation. the rendering of advlce. investigation. or otherwise, during his or her city servlce or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision. approval. disapproval, recommendation. the rendering of advice, investigation. or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through deciSion, approval. disapproval. recommendation, the rendering of advice. investigation, or otherwise. during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A.2(p}. (q) City attorney to render opinions on request, Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shalt publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680, § 2, 3-2-99) Editor's note-Ord. No. 6·99-1680, § I, adopted 3-2-99, repealed §§ 8A·J and SA-2 in their entirety and replaced them with new §§ 8A-1 and SA-2. Former §§ 8A·1 and 8A-2 pertained to declaration of policy and definitions, respectively. and derived from Ord. No. 634. §§ I (I A·I). I (I A.2) adopted Jan. II. 1969. 32 33 PRESENTATION TEAM OECLARA TION/AFFIOVAIT 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, €1Vf0~ e, 1 i~ S , makes the following declaration under penalty of perjury: 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. 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. Execute this \ C; day of JtA.J'..a...J])(-....'<--__ , 20 l ~ . ~ sgat re of esentative d.4nt ! retfj el"~Sl pyeSI Print Name and Title B IfSS Ptottuc ts OJrJd ,f-e r Vi~j f {n( . Print name of entity being represented END OF SECTION 33 34 EXHIBIT 2 INSTALLATION OF NEW FREESTANDING PLAYGROUND EQUIPMENTAT DISON PARK RFP PR2018-11 Insurance & Indemnification Requirements Insurance A. Without limiting its liability. the contractor. consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM. from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor. or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with it company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida. as will protect the FIRM, at a minimum. from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages. other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there fl"om; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers· Compensation Insurance at the statutory amount as to all employees in compliance with the ''Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition. the policy (Ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5.000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy. without restrictive endorsements, as filed by the Insurance Services Office. and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Ha%ard (d) Explosion. Collapse and Underground Hazard Coverage 41 35 (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy. without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY. "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work, B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY. either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have, The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder. if one is issued. the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A. VII or better per A.M. Best's Key Rating Guide. latest edition and authorized to issue insurance in the State of Florida, All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY. at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition. the FIRM shall deliver. at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property 42 36 damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non~payment of premium). tenninated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. If the FIRM is providing professional services. such as would be provided by an architect, engineer, attorney. or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1.000.000 with deductible per claim if any. not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents. representatives. Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole. absolute and unfettered discretion. Indemnification Requirement A. The Contl'actor accepts and voluntarily incurs all risks of any injuries, damages. or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees. successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands. suits, fines, judgments or cost and expenses, including reasonable attorney's fees. paralegal fees and investigative costs incidental there to and incurred prior to, during or follOWing any litigation, mediation, arbitration and at all appellate levels. which may be suffered by. or accrued against, charged to or recoverable from the City of South Miami, its officers. affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission. misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor. its contractor/subcontractor or any of their officers. directors. agents, representatives, employees. or assigns, or anyone acting through or on behalf of any of them. arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims. losses and expenses of any kind or nature whatsoever. in connection thereWith, including the expense or loss of the CITY and/or its affected officers. affiliates. employees. successors and assigns. including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error. omission, or act of the Contractor, its Sub-Contractor or any of their agents, representatives, employees. or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates. employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result (rom or arise out of actions or omissions of the Contractor. its contractor/subcontractor or any of their agents. representatives. employees. or assigns. or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing. approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However. as to design professional contracts. and pursuant to Section 725.08 (I). Florida Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this 43 37 subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus. the design professional's obligations as to the City and its agencies, as well as to its officers and employees. is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness. or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 44 38 EXHIBIT 3 INSTALLATION OF NEW FREESTANDING PLAYGROUND EQUIPMENTAT DISON PARK RFP PR2018·11 THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33 r 43 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 Proposal/Bid 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 (IO) 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. 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 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 R.espondent to request a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable presumption that the R.espondent'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. explorations. tests. reports and studies with the terms lind conditions of thE!!! Contract Documents. 45 39 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 responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations. investigations, explorations. tests. reports or similar information or data in respect to any Underground Facilities or conditions are, or will be. required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above. d. Respondent has given the City written notice of all conflicts. errors 0'· 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; ~espondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values. if required, is prOVided for the purpose of Proposal Evaluation and when initiated by the CITY. it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values. except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor. materials. equipment. tools. superintendence and services necessary to provide a complete. in place. Project for the Proposal Price. If this Solicitation requires the completion of a Respondent 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 Form and will take the place of the lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: __ l--L-:-0-l-J-"OO"-"'-"O"--__ dollars and __ OZ-....-0 ___ cents Alternates: #1 ________ #2. ____________ _ 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 nonMresponsive. 5. The ENTIRE WORK for project in accordance with Exhibit I. Scope of Services, Attachment A & B shall be completed. in full, within 75 calendar dus 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 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. 46 40 8, If a Respondent's Cost & Technical Proposal, is required by the Solicitation, Respondent hereby certifies that aU 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 confil'med 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 16 DAY Of ---- PROPOSAL SUBMITTED BY: l?Jh'sS PrQotu..LK (M1d W V(t eJ I IYlt. C pany t( Telephone Number COVIJ-GtW-lVii'S" Email Address Title END OF SECTION 47 41 42 City of South Miami Dison Park Patty Carruthers Tco,h Bin~ I 0 Drawn By: Matlean Azari Dare: 6/1412018 OuoteNumber bps-50386-1 BUss "'rodrJcts & Servic'!:s 5831 S Sweetwater Rd, Lithia Springs. GA :;0122 710-920-1934 'MW.'.b&ssprodUCts.com Area-2265 Linear Feet- Sq. 185 Ft. Ft. ~ ~ ~ ~ 2-stAr 8OU~~CE AAOUNO 6' BENCH \iii "'"' 5" O.D. StNGtE POST 2 BAY SWit'fG w/2 88... T SEAT !.t 2 Tor SEAT ~o~ Trash Bin \ J-fr --~0~ !lJ.PqeT A\lT Never j!t~taM ptay equipment over hard unresiliem surface'S $uc\1 as asphah, cortc,etc, r;)r co~cted earth. It is !l")e O\vners responsiblHty 10 ensure L"1e "mlnlrmJm area required'" contains an apptoprl3te amount Of resilient matenal to. cushion aCCIdental falls, ~ W .1 C:ty of Soutn Miami Dison Park ~ ~ Dra-NrJSy- Mattean Azari Dat~: 611412018 Sliss Products & S<>1V,,,,,. 8831 S S..,etwat., Rd. Lithia Springs. GA 30122 77()'92().1934 'MWII.ulissproducts.com City of South Miami Olson Park Patty Carruthers Area-2189 Linear Feet- r Drawn By; Mattean Azart Date' 611412018 Qucte Number' bps-50386-2 Sq. Ft. 185 Ft. B1iS5 Products & SeNiees 6-831 S Sme!Wa!er Rd, Uthi. Springs, GA 30122 770-920-1934 ~W1W'.blis5product$, com Trash Bin~_ 'n ~u 1 ~ -----.-------=-~ ~II~ PlAYWHEtL SNGl.E U-HANOl.t VERTICAL LOOP CUMaER 0008L£ \UOO TV SUoe: , I :;.~ 0.0, SiNGLE POST 2 SAY SMNC .. /2 SELT SEAT &: 2: TOT Sf AT i I II ~-.. u~ $OU..,,£ C>N()p~-~ c ) ~ f"ABRtC SHADE -~-- .. aE«CH~O~ __ Trash Bin IMP~~. Never install play eqUipment over hard. unre$ihi~-nt suJfaces such. as asphalt. cooClete. or cOI"1p3cted car.h, II is Ihe OWM(S respoflsibiU1y !o ttn~re the "minimtlm acrea required:" conlaiins an apPfopnal0 amount of reSiihent material to cush~ accIdental ftllIs, .j::>. 0) City of SOUlh Miami Dison Parle .j::>. -....,J DmwnBy· MaUean Azari Date: 611412018 Bliss Products B. Sel"\l'ices 6831 S S"",,,,water Rd. LithlaS~,GAUl122 770·920·1934 Vo"N\Y.bfisspmdvcts,eom PROBLEMS ARE OUR CHALLENGES! You'll find our team is enthusiastic, responsive and ready to work with you at your convenience. Our style is "low key" and we pride ourselves in being different from other Sales Rep organizations. Contact YO!,.!f: Local Rep to begin planning your next playground and outdoor recreation environment today! ...••••..••..•••.••...••........•........••....••..••••••.•....•.......................... . .... =~"' , ,~-~ld~"::;'" """ ~f '" ~'" = \ ':§. .... f ___ ~~ ~~~""' "'7ii{Z 48 ~~ ~"' ww:w.BlissProduds.~om I 8QO.24~2A~ I i8~U'~:'I~ftr Rtllc~jthia ~Rril9s~,6j(sI10l2rI~9;'lj~. 1:~~-'":~~~'<d~~ --,/ ~ ~~~"~L =--~: -<-.,~~~-~~"""~~,-"' ~'~"_ ,~~~~=~--~~~ __ ~ ~7s=~_:c~"*~-~u;~;'~- PLA YGROUND EQUIPMENT Bliss Products & Services represents the top playground manufacturers in the country. BPS has the exclusive territory for in the southeastern United States. Pl.);rt ""'-'c"=:'~'-'-'-"'_""""~ is owned by Playcore, Inc. By joining the Playcore family of representatives, BPS is able to ensure our customers always get an outstanding product, a competitive price and excellent customer services. View more offerings FABRIC SHADE, METAL & WOOD SHELTERS, BUS STOPS, & MORE Shade is become a more and more important part of any recreation environment. Each ploy area is unique this is why BPS has chosen to ensure that our customers have the exact product needed for their environment. Fabric shades around a pooll metal picnic shelters complete with tables and grills, wooden shelters designed to blend into their surroundings can all be designed and installed for your project. View more offerings SITE AMENITIES, DOG PARKS, A THLETIC EQUIPMENT BPS believes that it is the "little things" that matter most in life. This philosophy carries over to the recreation environment as well. Ensuring your area has litter receptacles helps to alleviate litter, benches ensure that the area is comfortable and inviting to individuals of all ages. By incorporating a Dog Park within your recreational area you can create an environment that ensures all family members can play, socialize and get the physical activity so critical to health and well being. View more offerings ~=iff'A'':i''''''-'-' '_ _" -~ ~ ~ =",~"-'7~ " "",'''' \ _ '" -"i '" -c""," , :k' -'= --_~ ~~~.' ,~8IissPfQilud~.tQm I l •. ~4.rl.Z I 6881, 5. S~a.1! RIi'LlilBia 5pri~s! GIi,31~;II, '~'~'3?~ ¥Vii. '> A~,' ~, ~ "''''~:'~';f '<;\'~" ~ _ < " ',~ ""_ '" -_ ~l' ",-" ,~~ _~ ,~"-3i'1'4'" = ~~ -L ",-'h-__ ",%':'i'"' , -~_ <"",,¥,",~ ~"';4-.oc '" +-< ' ~M~ ~"" :""t:~,,=,,!i - Bliss Products and Services, Inc. 6831 S. Sweetwater Road lithia Springs, GA 30122 6831 S. Sweetwater Road Lithia Springs, GA 30122 (800) 248-2547 or (770) 944-8290 (770) 920-1 91 5 www.BlissProducts.com 59-2413631 1987 003456428 RLC0002596 G 115843 68597 2705007029 56059 64970 50 THE CITY OF PLEASANT LIVING EVALUATION SCORING SHEET Procurement Division 61 30 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifl.gov RFP Title: __ I_N_~I~LLATION OF NEW PLAYGROUND EQUIPMENT ____ _ RFP No.: PR 2018-11 ---~----~--------------------------~----------------- DIRECTIONS: Please score each firm, for each specific criterion provided. Scoring is based on each criterion listed below with a maximum score for each criterion. The total score for each proposer is calculated by adding each criterion for a total score by proposer. The maximum score total score for each proposer is 100 points. I) 2) 3) 4) Aesthetics & Design Conformity to Allotted Space; Maximum Points 25 Number of Play Elements & Play Value; Maximum Points 25 Durability & Warranty; Maximum Points 25 Proposed Cost: Maximum Points 25 Reviewed by: I t C) C:0 -~.-----~---. ! I D ;: -------~-- ---------------~------------------------------------------ Date: (Signature) Page 1 of 1 51 THE CITY OF PLEASANT LIVING i/\J L EVALUATION SCORING SHEET Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiaJ1}jiLgQ'[ RFP Title: RFP No.: ______ IN_ST~bl.:~I!QNQ~1!EW !"'..l.:AYGROUND EQUIPMENT PR 2018-11 DIRECTIONS: Please score each firm, for each specific criterion provided. Scoring is based on each criterion listed below with a maximum score for each criterion. The total score for each proposer is calculated by adding each criterion for a total score by proposer. The maximum score total score for each proposer is 100 points. Aesthetics & Design I) Conformity to Allotted Space; \10 C' '20 /1 l ct) Maximum Points 25 .) -----_ ... _-_._--_._------~------" . -------.~----~-. --- Number of Play Elements & 2) Play Value; D 16 If!/ Maximum Points 25 .) l Durability & Warranty; 3) Maximum Points 25 0 ,'\ '2 ;) " l) . l v Proposed Cost: 4) Maximum Points 25 '2/ ZV .) 0 t. i.} -----_._ ............... -._._. __ .. _._ ......... _--_ ..... _ ... __ ........ __ ....... -----.. _ .... _ ... -_ .. -----"----------- Reviewed by: Page 1 of 1 THE CITY OF PLEASANT LlVINC EVALUATION SCORING SHEET Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Y'LYfw.southmiamifl.gov RFP Title: INSTALLATION OF NEW PLAYGROUND EQUIP~~NT ______________ _ RFP No.: PR 2018-11 ---------------------------------------_._. DIRECTIONS: Please score each firm, for each specific criterion provided. Scoring is based on each criterion listed below with a maximum score for each criterion. The total score for each proposer is calculated by adding each criterion for a total score by proposer. The maximum score total score for each proposer is 100 points. I) 2) 3) 4) Aesthetics & Design Conformity to Allotted Space; Maximum Points 25 Number of Play Elements & Play Value; Maximum Points 25 Durability & Warranty; Maximum Points 25 Proposed Cost: Maximum Points 25 / II) )--5 /() /D I ! () / J ~I ,/~ J(} jke )~o -------------_._--------------_. __ ._. __ .- -----------_ ..... _ .... __ ... _._--. - Reviewed by: Date2)21LI 53 Page 1 of 1 Member Name Bid Number Bid Name 3 Document(s) found for this bid 9 Planholder(s) found. 159 NOTIFIED Supplier Name Bingelectronics BOFAM CONSTRUCTION COMPANY, INC Construction Aggregates Corp IT Services Construction Journal, Ltd. Legacy Products Inc Link Systems LLC No Fault Sport group Playmore West, Inc. Swartz Associates, Inc. City of South Miami RFP-RFP PR2018-11-0- 2018jSK INSTALLATION OF NEW FREESTANDING PLAYGROUND EQUIPMENT AT DISON Address 1 10795 SW 108 Ave 11207 1600 NW 3RD AVE, STE 4193 Bramblewood Loop 400 SW 7th Street 3791 SW Pierre St 292 Tuska Reserve Cove 3112 Valley Creek Dr., Ste. C 10271 Deer Run Farms Road PO Box 112783 City Miami MIAMI Spring Hill Stuart Topeka Casselberry Baton Rouge Fort Myers Naples State Zip Phone Attributes FL 33176 7863954281 FL 33136 7542450102 FL 34609 4078820288 FL 34994 8007855165 KS 66617 7859920367 1. Small FL 32707 4074010031 Business LA 70808 8666377678 FL 33966 2397912400 1. Small FL 34108 8139492288 Business 54 (l~ South Miami THE CITY OF PLEASANT liVING EVALUATION SCORING SHEET Procurement Division 6130 Sunset Drive South Miami. Florida 33143 (305) 663-6339 yvww.southmiamifl.gov RFP Title: ____ IN~TALLATION OF NEW PLAYG_ROUND EQUIPMENT RFP No.: PR 2018-11 ---------------~~--- DIRECTIONS: Please score each firm, for each specific criterion provided. Scoring is based on each criterion listed below with a maximum score for each criterion. The total score for each proposer is calculated by adding each criterion for a total score by proposer. The maximum score total score for each proposer is 100 points. I) 2) 3) 4) Aesthetics & Design Conformity to Allotted Space; Maximum Points 25 Number of Play Elements & Play Value; Maximum Points 25 Durability & Warranty; Maximum Points 25 Proposed Cost: Maximum Points 25 / ~- D " / / I ' / / I / Ii) / () I / / I --------------------------------------------------------------------------------- Reviewed by: Date: Page 1 of 1 THE CITY OF PLEASANT LIVING EVALUATION SCORING SHEET Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiqtJlifl.gov RFP Title: RFP No.: INST~~~~_TIO_N OF NEW PLAYGROUNQ.EQUIPMENT PR 2018-11 -------~. DIRECTIONS: Please score each firm, for each specific criterion provided. Scoring is based on each criterion listed below with a maximum score for each criterion. The total score for each proposer is calculated by adding each criterion for a total score by proposer. The maximum score total score for each proposer is 100 points. I) 2) 3) Aesthetics & Design Conformity to Allotted Space; Maximum Points 25 Number of Play Elements & Play Value; Maximum Points 25 Durability & Warranty; Maximum Points 25 Proposed Cost: Maximum Points 25 / ---~-.-.-----.. -.. -... Reviewed by: (Pr-int Name) ) / , -----"---.--~.--.-.-. I ) / / Date: (Signature) Page 1 of 1 56 THE CITY OF PLEASANT LIVING EVALUATION SCORING SHEET I i IV' /11 &\(" )l Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifLgov RFP Title: INSTALLATION OF NEW PLAYGROUND EQUIPMENT _____ _ RFP No.: PR 2018-11 ------------------------------------------------ DIRECTIONS: Please score each firm, for each specific criterion provided. Scoring is based on each criterion listed below with a maximum score for each criterion. The total score for each proposer is calculated by adding each criterion for a total score by proposer. The maximum score total score for each proposer is 100 points. I) 2) 3) 4) Aesthetics & Design Conformity to Allotted Space; Maximum Points 25 Number of Play Elements & Play Value; Maximum Points 25 Durability & Warranty; Maximum Points 25 Proposed Cost: Maximum Points 25 )0 o \ ,5 Reviewed by: _______ --".J-_____ .. ______ ~I------f\ -----'~-.--:T_T_-r----'--~----I;---"",--."-.-Date 7 {z J"2 0/ F;' 57 Page 1 of 1 MIAMI DAILY BUSINESS REVIEW FUbiiS1if;C DiJ,'Y t-:xcept SaL.Heav S~nCay ar,ci Lsga! HQilaay~ kllamL rv'ilaml~Dade Countj F!ord::;; STATE OF FLORIDA COUNTY OF MIAMI·DADE: Before the undersigned authority personally appeared .!OHANA OLIVA, who on oaUl says that I'le 01 she is the LEG,'IL CLERK. Legal Hotlces of tt18 lviiami Daily BusIness RevieN flk/a Miami Review. a de:ly (except Saturday Sunday and Legal Holidays) newspaper. published at lviiami in Miami-Dade County, Florida'. that the attached copy 0: advertisement being a Legal AdvE:rtisement of Notice in tile matter of CITY OF SOUTH ML4r.fil· FlFP PR2018·11 in the XXXX Coun, was published in said newspaper in the issues of 05/23!2018 Affiant further says that the said Miami DOI!Y Business Review IS a newspaper pub!lslled at Miami, in said Miami -Dad e County. "lorida and that tile said newspaper has heretofore been continuously published In said fv1i8mi -Dade County. Flolid" each day (except Saturday Senda\, and Lega! ....Jolidays) and has oeen entered as second cless meil matter at the post office irl Mjami in saId Miami-Dade County Florid:; for 2; psriod of on~ year next prec<2c!ng the first publication of the attacneci copy 01 advertisement, anti affiant furthp." ~,8yS th61 he or she has nelt1ler paid nor pro:ntsea any person. firm or cor~oration Bny discount rebale commission or refund for Ule purpose of securing this advertisement fO! publication in the said newsp8;Jer INSTALLATION OF NEW FREESTANDtNG PLAYGROUND EQUIPMENT AT DISON PARK RFP PR201S .. 11 SUBMITTAL DUE DATE: JUNE 19,2018 AT 10 AM The City is hereby requesting sealed proposals in response to this RFP IIPR2013-11 "Installation of New Freestanding Playground Equipment at Dison Park." The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the of Services, (Exhibit 1, Attachment A, & Ell and Respondent's Cosl Proposal. or the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). interested persons who wish to to this Solicitation can obtain the complete Solicitation at City Clerk's office Monday through Friday from 9:00 a.m. p.m, or by the following webpage: http://www.southmiamifl.goviwhichistileofSouthMiami·sVieb address for solicitation infDrmation. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 A,M. local time [the "Closing Date") on June 19, 2018. Hand delivery must be made Monday through from 9 A.M. to 5 P.M., uniess a different time is provided above Closing Date, to the office of City Clerk. A Non-Mandatory Pre-Proposal Meeting will be conducted at Dison Park located at 8021 SW 58 Avenue, South Miami, Fl33143 on June 5, ,((l'iS at 10;0() A.M The conference shall be held regardless of weather conditions. 5/23 Maria M. Menendez, GMC City Clerk City of South Miami 18·67/0000321014M 58 7/31/;'>018 Detail by Entity Name Florida Profit Corporation BLISS PRODUCTS AND SERVICES, INC. Filing Information Document Number FEIfEIN Number Date Filed State Status G95904 59-2413631 04/11/1984 FL ACTIVE 6831 S SWEETWATER RD LITHIA SPRINGS, GA 30122 Changed: 01/09/2004 Mailing Address 6831 S SWEETWATER RD LITHIA SPRINGS, GA 30122 Changed: 01/15/2008 B~gLsterf1.d Agent Name & Address NRAI SERVICES, INC. 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 03/19/2018 Address Changed: 03/19/2018 9ffice~/Director Detail Name & Address Title P BLISS, GREGG 3805 NEW YORK AVE DOUGLASVILLE, GA 30135 Report Year Filed Date Detail by Entity Name ',,' ! ( 59 flllp II search.sunili". orgll nq 1I i ry/Corporation Searctl/Soa r eh I,osulti)otail 'Ii r lqll ir ytype~l: nti t y Nanw&di rection Type: In itial&seil rchN a m oOrder=1:l L I SS I-'F~ 0 1,') ·//31/2018 03/04/2016 01/10/2017 01/15/2018 Detail by rntity t\jaillc in PDF forn'at .J View image 111 PDf forrnat V,HW imRge in PDr: fOlina( ViHW imAge in PDF format View image in PDF format View imane in PDF format View image in PDF form<1t View imaUD in PDF format View image in PDF format View image in PDF forma! VillW imaue in PDF forfllal View imoge in P:)F formnt View image in PDF format View imane in PDF format View irnilge in PDI' forma! 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((HI80000878173))) 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 H180000878173AOC7 Note: DO NOT hit the REFRESH/RELOAD button on your orowser from this pago. T10ing so will generate another cover sheet. ,...." . ---.------. -.----~.-----~ TO; From: Division of Corporations Fax Number (858)617-6388 Account Name Account Number Phone Fax Number C T CORPORATION SYSTEM FCAS800aaS23 (614)280-3338 (954) 288-8845 ··Enter the email address for this business entity to be used for future annual report ~al1lng5. Enter only one email address please.+· OC' .... ,;.. Email Address: _________ ~ _______ _ .. fIf.;;:'" -;t----jf~-------~----.---.. -~-----.. -~ .. ~-.. -~-.--------.---.-.-.--~ z: c:... 0'\ ct: oo:r x: Q) - t.., .... o· W >-..,; a;:(f) :!~ l.U:J:: OCc:{ Y...J loU .... CI):c( .. UEGISTERED AGENT CHANGE BLISS PROllUCTS AND SF.kVTCES, INC. [Certific a~.e of Status ._ JL_ 0 ...J [gertif,ed Copy II 0 ] IPa~~ C ?lUlt -~[ 02 ] [§stimatcd ~'h;ri~ -.. ~-. _.- .JI S3~.OO I Electronic Filing Menu Corporate Filing M'llU Help h n !YO:!) 0 fi I". su n b< l. 0'1) /Scripl s lerilcovr. 0 x. -:1Ji! . r. '.~\. --~ ~i 111 61 To: Page 3 of 3 2018-03-19 1128 19 CST 12122023573 From Kimberly Laughrey s:rA TEMENT OF Cl-L:\NGE OF REGI!.lERED O}CFICE OR REGISTEREOAGEi"/T OR, "OTH fOR CORPORA TtONS I'",-"nal/ll!) {he prir.:lsi()1Is o/s/Jclio~, (iIFf)j!)2, til 7.0501,60; t 5Ui{,I)r6/7,15DS. Florida Sf"llJr!?~, ili;,< slalemellf of cbemge.is SWJl1Iilled lvr ,l'Corpor"rion organi;;ed linder ;hr: laws ()flh~ Siale q[ !,Jori~ ___ _ ___ in m'd!.'r fa challXI' iI.1 rcgisler"d office tiT rexi.H<!re.d ugc'llt, ar both in 1}1e Slat,; oj Florida. I, The Il311le ofth~ corpototion: BUSS PRODUCTS r\ND SERVlCES, I?XC, , , , ' -------'----------_._---------- 1" The -principal office adQress~ 1>83, $.sWEETWXfE_,_R_R_D ________ --" ________ ~ __ Ll1'HIA SPRINGS; GA .\0 1 ~2 3, The ml)iling addrc;;s (if din:erent): ___ , ----------------------------------~--------------- 4. Date 'of incorporBiionfqlllilitkllti()r'I: 04/1li19&4 , DOCLImellt number: _(_;9_5_904_' _________ _ 5, The name and stJ-<!el add,-css([[thecurI'ililtregistcre4age_1l1 und n!gistcl-e\l offi~ on file with th¢ Florida DeJl<lrltn~i1t of Suite: (If I~.igned. enter resigned) CF R£GISTER'!lD ,...-GENT, !)\;c, i 00 S. Ashley Drive, Suite 4(JO ---------,---- Tampa. fl. JJ6U2 • 6. The name.ll11d stree1 addl'e$5 \'if the new regisrered agent (ifthan~d) and lor r~gi~rcd ~f'tice (ifchangl--d): do ?-IRA) S~rvicc:., Inc .. ! 2{)O Sotnh Pille r,IRnd Road P.o,lI(l'('l'<O'f"'~< ---'----~- PirU)i.!lIion, Floridt\ 33324 Tile street nddl'ess ofits regist~d o(t1cealld Ihe StI~1 address of the bmine5S oflice or it,> ~bi~tcrcd ~enl, £L~,dulllged\Vi tile identical, " ., ". Sl\ch cilan,ge was autllOrlled by Te50IUliodul), adopted by its bOflrd of directOfSor b)' a!1offi(e~ so ~Utho~rlU!crbY rll ,rd.onhe COf1 .' n 11<-15 bed! notllk;;! in writing of the chlmgc. '" , __ ~~' =_~~_ __~ /!=4,§P~ ___ ~~J P~~c.-s.,br:J.Jt '~)d. -= ~~~J"':I(JIf ~~or.~t':llfI.t.~ut~tl~ I h(r~by QS:CI:P' rhe apfX!intllltnr a,tTcglSTl!nd «;:CTlJ alld.fI?,ree loac' in lhis capaciTy. Ifitnher agrei:'IQ ("oTIJply wi fir Ih~ proY;sief1S'0. (ill Ji(Ul1/le:i-relati~i: Ii) th!, pro[!t!r mid c(}lnplt!h! . peiforIllG,nce,af ITIJ' dulJ~s. and J amfflmllra,r n'lth alld1{;"''I!pf, Iltt: obllg, aflOn 'OJ my. pos/l/OI/ as'reglS/eNd ' ageNt" qr. ifrhis qor:umelll is };~~Iigfj!eiJ TlJlJrelJo' '? r;: {eo (;1 q chal/Sf! II! -ih~ reglsfel'eri offiCi' .adi(rt:'S~, I hereby confirm t/iWlhe curporV{lOn lltlS i>eelHwtijie In writing (!f t"~\' challge; K'Y; srys. ~c. By: -~i!i';i;&L~;;;;;-'---'--311912018 ~ _'~ ___ ~ _____ ' lf~i~nin~ on b.>half ofun ent)!)':, • * • FfUNG fiEF..: SJS.OO .... ", MAK[ CHeCKS PAYABLE TO, FLOll.jOADE1' .... RT .... IE~ r Of S {AlE MAll 10: D1VISIOt\ Or COR"ORADONS, P.O, !>Ox 6327, Trl.LLAlIA~SH, FL 32314 CfQf045 (1IV!:) '62 ~XIHl~~~T $ ((;;©U\Jl~T~IlJC1i~O~ CO!NltrM<!:1i ifNI$Y~llLA Yi©N OfF NlIEW !F~IEIE~T~rNllD>gfNI(iJ IfllUlf\f(iJi\l.QlllJINHD) rEQilJilfllMIEINlTtli\. T [iJ)O:§i(Q)Ii\'lIP~1R\1:{ IiliIFIF' ffi'lJlI.l((! I ~-I i THIS CONTRACT was made and entered into on this 3 day of Aug!l!$t, 2003. by and between ISII!J:§$ Jl»IR.ODUCTS AND ~fEi\l.VICIES. ilNlC. (hereafter referred to as "Contractor"), and the City of South Miami (hereafter referred to as "Owner"), through its City Manager (hereafter referred to as "City"). WHTfNlIESfETIH: 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 DOCUlments 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 solicitation documents ("hereinafter referred to as "Sid 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 for ©lptO<llJ1iiI fNI(Ql :R Dilil tti1l® C«l)li'Iltlf2l.ct(())lI'§ IJlIfI'(jj)jlI«lls<OlII of: SiEVIEI'{D' THQUSAND iDllOliim mmi!ll @@ ClEfNl1r~ (SSU'I!il,@O@.@@) (S""II DoQor Amount Illzove) (""Clillli"ittIl'Kt!: f?lll'i<ce"). 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 seventy five (75) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 8. The Work shall be completed in 15 c:aleli1l«llarr 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 $1 ,OO@ [!lIer doilu§ I?err day. plus any monies paid by the Owner to the Consultant. if any. for additional engineering and inspection services, if any. associated with such delay. 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful performance subcontractors and suppliers. the Contn-aaOf shall. at its expense within flve (5) business days :r.ftel'" the receipt of notice from the City so '1:0 do, furnish an additional bond or bonds in such form and amoulI'U: and with such Surety or Sureties as shall be satisfactory to the City. In such evene. no further payment to me Contractor shall be deemed to be due under this Contract until such new or additional security for me faithful performance of the Work Is furnished in the manner and in tile form satisfactory to the City. 10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of the work, by approprla~ aaion by the City and in accordance with the Contract Documents. ! I. The date that this contract was "made and entered into" and Its effective date is the date that the contract is dte signed by the City or, if the contract is required to be approved by resolution of the City Commission. then the Effective Date is the date of the resolution approlJing the Contract whichever Is the later date. OINl WOTNESS WHEREOf, the parties hereto have executed mis Contract on the day and date set fom next to their name below and may be signed in one or more counterparts. each of which shall. without proof or accolJnting for tlae other coun~erpart, be deemed an original Contract. Signature: --==::..:!e---~~----'---- SSgml\i:I.li"@; \:'.' , i Niken,t-J A Pfi~ne City Clerk Read and Approved IDS to Form. umgu~e, legality, and Execution Thereof: Signature: --:: __ ~-"--:-__ ~_ S~v<enAle)(anderr 9tyMmnag@r [EXIf{l9~nu @ ~©INl~1rIR?,llJ~1fU©N CC©INJ1rMCCu ~~INl~M[L «:©fNJfQlQ1rO©INl$ OINl~1f ~IL,~ IfH©1Nl ©~ INllEW ~~lEtE~1f ~INIIQ)HfNJlGi IP~ '1f!G~©ijJlNllQllE<Q!UJg[ii>~~1NJ1f &< If [j)H~©l!Nl fP'&l.I?{~ ~1F[ii> ff!'~l@ H ®-g i A~IfB<CILil: H = IlJlIEIFOrNIOTOON§ Whenever used in these General Conditions or in the other Contract Documents. the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article shall not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for interpreUltion. In addition. these definitions shall also not apply to interpret terms in a specific provision of a Contract Document if thai: specific provision contains a definition of these terms: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret d'!e Contracx Documents, Drawings and Specifications. by addition. deletions. clarifications or correction. Application for Payment: A form approved by the CONSULTANT, if <lny. or the City M2\n~er which is to be used! by the CONTRACTOR on requesting progress p<lyments. ~ The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms fOlr the Work to be performed. Bidder: Any person. firm or corporn.tion submitting a respomle \\:0 the Owner's $olid~tion for propos2IIs or bids for Work. Bid Documents: The solidGtion for bids or proposals and aU documents d'!<!t make up the solidcation including the instructions. form of documents and affidavits. Bonds: Bid bond. periOm1Zlllc<!! and p2lyment toonds and! other ill"ls((rumen1:$ of seu_ui~. faJJrnosniEid by die CONTRACTOR and its surety in EIlccordanc:e with me Contract Documents 2\nCil in accordance with die i<i\\wS of the State of Florida. Change Order: A written order 00 the CONTRACTOR signed by the City Manager all.!thorrong <Ml addition, deletion or revision in the Work. or an acljust:mentt in the Contract Price or the Contrnct Time is!iiued! 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 provideo1 by the City to the CONTRACTOR. The proposal includes line item pridng, where there ~re m!.!l€:iple locations, 2lncl the timeframe for compl~ting me work. CITY: The City Manager for me City of South Miami. 6130 Sunset Drive. South Miami. fl :n 143, unless the coni:e~i: wherein the word is used should! more appropriately mean the City of South Miami. Construction Observer: An authorized represencative 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 shail 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 e)(ecution of the Contract as well as aU 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 <!uthorized to sign the contract documents on behalf of the OWNER. CONTRACTOR: The person. firm or corporation wid'! whom the OWNER has executed the Contract. CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or. if none, then CITY's design~ted 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 calend .. r day unless specifically designated as a business d<!y. 3 Days: The number of twenty°folJr (1~) hour periods foliowing the event to which the word "days" refers commencing at 12:0! Ol.M. at the St2lrt of the nem day. Therefore. in computing any period of rime prescribed or allowed by the Contract Documents, the day of the OlCt, event or default from which the designated period! of rime 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. Defecrlve 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 ilpproval referred to in the Contract Documents. or has been damaged prior to the CONSULTANTS recommendation of final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions thill: are not properly approved and authorized. any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed ~nd which have been prepOlred or approved by the CONSULTANT, or if none. then by an Olrci'litect 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 interprets the Contract Documents in accordance with POlragraph ~.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the ContralCt Documents signed by both parties. (b) a Change Ordler signed by both parties, (c) a written clarification or interpretation if iSi>uedi by the CONSULTANT in .1I::cord:Olfnce with paragraph 9.3 or (d) a written order for minor change or alteratiorn in the Work issued! by the CONSULTANT pUNuant to Paralgraph 10.2. A modificiltion may only be issued after execution of the Cont!:!l"arbt, it must be in writing OlInell signed by the party ~inst whom die modification is sought t!:o be enforced!. Non-conformin~ means work \i:hal: does not conform 1:0 tile Cont!:rnct Documents :ilnd indude$ work \cl1lilt!: is UllsaltiSfaCOOry, faulty. or deficient or mai: does no\: meet the requiremenlt!i of 2lIny applicable inspection. referernce sl:Z!ndard. test, or mat{: does lrIo1: meell: lilny approval required by. or referred to in. me COUltlOlC'L Documents, or work iliilll: has been dlilmaged prior w CONSULTANTs recommendation of final plilymen'i: (ulrliess responsibi!ity ffor the pr©~ctiO!n thereof h:Mi been assymedl in writing by CITY). Notice of Award!: The written notice by CITY to the lilpplilrent successfu~ Bidder $l:Z!ting that UpCI«l complialnce wim the conditions precedlent to be fulfllied by ii: within me rime specified, CiTY will c)(ecute ."nell d<eliv(l!1" the CO/l'lt{:lOlct to him. Notice to Proceed: A written notice given by CITV' w CONTRACTOR (with copy to CONSULTANT) fhting me date on which the Contract Time shal! commence to run and Oil which C.ONTRACTOR shall sl:Z!ri: toperlorm its obligations under die Coninct Documents. Person: An individual or legall entity. Project: The entire cOi'lstruaion opernttion being performed as delineQ'Jli;rad in me Contrac\: D©cume"l:S. ~ The term "policy" :lIS used in the Contl"Ollct Documents shall mean me insul"OlInce binder. if it!: is issued, the declaration page of the policy and the bodly of the policy. including all endorsements. RFP: Request for Proposal. Scope of Services. This phme refers 00 the scope of the services or work to be performed and ii: has the same meaning as Scope of the Work unless the context in which the phase ii> used de:ilrly means otherwise. Shop Drawings; All drawings. diagrnms. illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor. manufacturer, supplier. or distributor, and which iIIustlOlte the equipment. material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials. equipment or workmanship and <establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials. equipment, construction systems. standards and workmanship as applied to the Work. Subcontrcuctor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontrcuctor for the performance of a part of the Work at the construction site. Substantial Completion: The date. as cerrified 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 Siubstanrial part, ean be utilized for the purposes for which it was intended without restriction or limitation to any degree. other than for the rep~.ir 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 lawfu!!y issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT, shail be null and void if it is based on false. misleading or inaccurate information. from ~ny source. 4 or when it would not have been issue but for the consideration of Work mat 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. SU~!2ljer: 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. Suret;y: The individual or entil:}' who is an obligor on a Bond and who is bound with the CONTRACTOR fer the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations. duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims. approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended. or to an authorized representative of such individual. finn, 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 Cil:}' Malnager and the CONSULTANT. £®."ilHlElLtE fl = [lil~tEILOMOINlJ2\®''lf fJ¥JA ITtE®.~ Award: :u The on reserves the rrilg&D\1: tl:@ lI'en<e«:\1: 00},7 oo©l &ill! lBIi«ilz, <M~ o~ !li@~® ©lo!li~U"®\1:n@lfil. Bids shall be .wvardeciJ by the CITY to the lowest responsBve :and responsible Bidder. No Notice of Award shall be given until th@ CITY has concluded its investigation, as it deems necessary. to establish. to me satisfaction of the CITY. which l3idder is the most responsive ;md responSible of all the Bidders to comp!ete the Work within the time preSCribed and in accordance wireh the Contract Documents. The CITY reserves me right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and saltimction of the City, 'to be sufficiently responsible, qualified and financial able to perform the work. In lllnalyzing a Bid. the CITY may also talte into consideration alternate and unit prices, if requested by the Bid forms. If the Conlnct is Illvn.n::ied, ilie CITY $hali issue die Notice of Award and give the $uccessfui Bidder <l Concrfllct for eJ:Cecution wimin ninety (90) day after opening of Bids. EJ!ecution of Contract: :t2 At least four coum:erparts of me Contrac\:, the Performance and Paymem: Ii:lond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance DedOlration Page if not included in me Policy of Insurance, the Policy of Insurance required by the Contnlct Documents. the written notice of designi!.ted supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents; as required by the Con~ract Documenl:S shall be <!;l){ecuted and delivered by CONTMCTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of flI party may be executed in counterparts separately by each of the parties and, in such event, each counterpOlrl: sepanltely eltecuted shall. without proof or accounting for the other counterpart be deemed an original ConcFaa Document. forfeiture of Bid Security/Performance and Payment Bond. if any are reqUired by the applicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material mflln. 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 ( I 00%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 2SS.05( I), Rorida Statutes. CONTRACTOR shall ensure thaI: the Bond{s) referenced Olbove shall be recorded in the public records of Miami-DOIde County and prOVide CITY with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, haVing a resident agent in the State of Florida and haVing been in business with a record of successful continuous operation for a least five (5) years. 5 2.3.5 The surei:}' company shall hold a current certificate of authorii:}' ~ acceptable sur<aty on fede~i bonds in :.l1ccordance with the United States Dep:.l1rtmellt of Trre:.l1Sury Circular 570, current revisions. 2.3.6 The clnr sh:.l1!1 only be required to accept a surety bond from a company with :.l1 rating A. VII or better. 2.3.7 Failure of the successful Bidder 00 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 <1lnd declare the Bid and any security therefore forfeited. Contrnctor's Pre-Start Representation: 2,4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the n<1lture and extent of the Contract Documents. Work. locality, and with ali local conditions and federal, state and local laws. ordinance, rules and regulations that may in any manner affect performance of the Work, and represents thalt it has correlated its study and observations with the requirements of me Contract Documents. CONTRACTOR also represents that it has studied all surveJ!$ amll investigations. reports of sUDsUmce and latent pl1J!$ical conditions referred to in the specifications .. nd made such additional surveys ;md investigations ~ it deems necessary for the performance o~ the Work reflected in dle Contract Documents and tn:<lt he has correlated the results of aii such data with the requiremeni:S ef me Contract Documents. Commencement of Contract Time: 2.5 The Com:rnct Time shall commence to run on the date stated in the Notice to ~roceed. S~rting thl!! Projett l.~ CONTRACTO~ shall Stalrt (Co perlerm iu obligations und",r the Contract Documents on thlEl dat<e mle Contract Time commences to n.m. No Work shall be done at the site (~ defined in Article I). prier \<:0 me date on which the Contrlllct Tim<e commences to run. except wid! the writtl!!n CCinsent of me Cln. &fore Starting Construction: 2.1 Before undemking each part of the Work, CONTMCTO~ shOll! cZlrefuliy study and comp:!lre me Contract Documents and check ane! verify pertinen(C figures shown thereon and all applicable field me:alSill.ll'ement£ and conditions. It $hall at once report in wri~ing to CONSULTANT any congjiet, ~rror. Oil' discrepancy which it may discover. Neither the OWNER nor the CONSULTANT shail be liable for .my harm, damage or loss suffered by CONTRACTOR :alSi a result of its failure to discover any conflict, error, or discrepanq in the Drawings or Specifications nor shall the CONTRACTOR be entitled \:0 alny compemsatiofl for ~ily harm, damage '" loss :.uff<ered by miS: CONTRACTOR clUE \:0 :iii1y conflict, er,(w, or discrepanq in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business d:illYs after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submill: to CONSULTANT for approval, :illn estimated! construction schedule indicating the starting and completion dates of the various stages of dle Work. and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or requnre revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be prOvided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR. bUll: before starting the Work at the site, a pre-construction conference sh:illil 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, Materia! 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 alcceptance a list gf the names of SubcorHOractors 6 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 SubcontractOl-s 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. 2.1 I 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. ART~ClE 3-CORRELA T~ON, ~NTERIP'RIETAT~ON AND iNTENT or-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 CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to the 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. 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. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, shall be interpreted to mean a material or pl"Oduct that is similar and equal 7 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 peliormil\g the. same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", the CONTRACTOR shall use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.11 The CONTRACTOR shall 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 Written or figured dimensions Scaled dimensions Drawings of a larger scale Drawings of a smaller scale (f) (g) (h) (i) (j) Drawings and Specifications are to be considered complementary to each other AIRT~CllE 4 -AVAllAIBIUTV OF lANDS SUBSURFACE COfNDUTUONiS IRlEIFlERfENCfE 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 responsibilit;, of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or" obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the 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. 8 Differin~ Site Conditions: 4,4 The CONTRACTOR shail within forty-eight (43) hours of its discovery. Oli'ld before such ccmditiorls :!!.re disturbed. notify the CITY in writing, of: 4.4.1 Subsumce or latent physical conditions at the site differing mOlterialUy from those indicated in the Contract Documents, and 404.2 Unknown physical conditions at the site, of an unusual nature, differing materiallly 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 e>ttended by the CITY, but only if done in writing signed by the City Manager or the CONSULTANT . .®>!i<flln«:1L.IE !lJ = DINl§;IUl~INl«;:1E Contractor shall comply with the insurance requirements set form in dle Supplemef11:2\ry Conditions to the Contrac1!;. M,~trn~lLfE (J) -«:OlNltr!iUll\«:tr«dJIRl.'~ ~fE~I}ilOtNl~n~DlUlrnfE~ ~ervision and Superintendence: 6.1 The CONTRACTOR shail supervise and direct me Work. It shall be soleiy responsible for me m~i'ls. methods. techniques. sequences and procedures of construction. The CONTRACTOR shall employ and! main~in a qualified supervisor or superintendent (hereil1laker referred W 2lS "Supervisor" :<It the Work site who shall be design:o\ted in writing by the CONTRACTOR, before the CONTRACTOR commelnces me Wor/( and within the time required by i:he Contract, as the CONTRACTOR'S represen~tive at rlIe g;ite. The Supervisor or so designated shall have fun authority i:O :<lei: on bei'lalf of the CONTAACTOIil\. aile! all communications given to the Supervisor sh:<lJi be as binding al$ if given to dle CONTAACTOlFt The Supervisor(s) shall be preseni: at each :\lite llli: all times as required i:O perform :<Idequ:ate supervision Mol {;oordination ofthe Work. (Copies of written communications given to me Supervisorshali be m<lliled 1:0 the CONTRACTOR'S home office). 6. ~ .1 The CONTIltACTOIil\. shall keep one record copy of OlU SpeciricOltions. Dnlwings, Addenda. ModlficOltions and Shop DraWings at the site at all times and in good order auld Oll'motlllted to show all changes made during the construction process. These shall be .wail:<lble 00 the CONSULTANT and My CITY Representative a1: all reasonable times. A sel: of "As-Built" drawings. as weI! :<IS the original Specifications. Dt<lwings. Addenda. Modifications and Shop Dnlwings with 'M'8!'!Ot<ltiOb1s. shall be made Olvailable 1:0 the Cii:Jf <1.1: Olll times and it shall be delivered to Idle 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 aU times maintOlin good discipline and order at the site. 6.3 The CONTRACTOR shall furnish all mOlteriais. equipment. labor. transportation. construction equipment :<Ind machinery. tools, appli.mces, fuel. power, light. heal:, local telephone. water alnd sOlnitary facilities and all other facilities ;j\nd 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 Contrac~ Documents. When special makes or grades of material which are normally packaged by we 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 in~ct. 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 :o\S 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 purch:o\Sed by the CONTRACTOR. The CONTRACTOR shall submit to the CONSUL i ANT a list of proposed materials. equipment or products. together with such samples as may be necessary for them to 9 determine their acceptability .. ild obt2\in their .. pprovai. within nine\:}' ('90) calendar days after 1llward of Ccmtr.lltt unless otherwise stipulOlted in the Special Conditions. No request for payment for "or equ~ln eqUipment will be lIlpproved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever Ol mlilteriOlI. article or piece of equipment is identified on the Drawings or Specifiations by reference to br.llnd name or catalog number. it shall be understood thaI: this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal apacities. quality and function shall be considered. The CONTRACTOR may recommend the substiwtion of a material, 2lrtide, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or atalog number, and if. in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equ211 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 ch.mge in the Contract Price or th~ Contrlllct Time. 6.~.2 No substitute shall be ordered or installed without me written approval of the CONSULTANT who shan be the judge of quality. 6.6.3\ Delay caused by obtaining approvals for substitute materials sl1ial! not be considerlEid jUilitifiable grounds for aln extension of construction time. 6.6A Should any Work or materials, equipment or products not conform to requirements of me Dl'7lwings and Specifkations or become d21mageol during the progress of the Work, such Work or material!; shall be removed and replaced, together with any Work disarranged by sl.!ch alter.l!tiol1s. at any time before completion and acceptance of the Project. All such Work shall be done 211: me expense of the CONTRACTOR. 6.~.§ No materials or S;Uppli~5 flOr the Work ilihall be purdl~ecl ~y die CONTRACTOR or 2lny Subcontr:l\~or $ubject to any chattel mOU"tgage 01' under a ciOlnditionOlI sOl!e or olth~r algreemenlt by which :IlO1 interest is retained by the Seiler. The CONTRACTOR w~rrant$ that (Chey halve good] title to ~Ii materi~ls and supplies used by them in me Work. ~.~.6 Ncm-con~orming Work: Thl!! Cil::y of South Miami m<l}f withhoijlJ1 "ccep~nce of, or rejl!;tt i~m!O which "re found upon elt~min~tioll, no~ to meet the specification requirements lOr conform to the pl~ns ,mel draWings. Upon written notification of rejection, items ilih:all be removed 01' uninst:aUedi wimin 1ive (5) business dOlys by me CONTRACTOR ~i: his own expense and redelivered and/or reinstalied at his e}(pense. Rejected goods len !onger ili21n thirty (30) calendar dOlys shOll! be regarded :M abandoned :i\nd the CiTY shall have the right to dispose of them Z$ its; own propei"t)! and the CONTRACTOR thereby waives amy claim to die good or 1:0 compensation of alny kind for said goods. Rejection for non-conformance or failure 1:0 meet delivery schedules malY resu~i: in the CONTRACTOR beililg 10und in defuuk 6:.~.1 In ase of defuult by the CONTRACTOR. We City of South Miami may procl.!re the ~rtides or services from other sourc~ Olnd hold the CONTRACTOR responsible for any e}(cess CO$~ occasioned or incurred thereby. 6.~.~ The CiTY reserves the righl:, in me event the CONTRACTOR cannot provide aln item(s) or service(s) in a timely manner as requested. to obtain the good arid/or "ervice" from other source" and deducting the cost from the Contract Price widlout 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 00 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. 6.13 The CONTRACTOR shOll! be fully responsible for all acu and omissions of i1:5 SubcontfOlctors 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 e}(tent that they are responsible for i:he :i\cts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having Ol direct contrnct 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, el-tcept :M 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 Olmounts paid to the CONTRACTOR on Olccount of specified Work done in Olccordance with the schedule values. 10 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 periormed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER. 6.11 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 I'egards 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 settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractol' on the Project proves to be incompetent or otherwise unsatisfactory, they shall be pl"omptly 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 pal't 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 shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly 01' 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 the application of patent and/or 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, 11 it ShOll! bear all costs arising mere from; however, it shall not be its primary responsibility to make ce~in thaI;; me Drawings and Specifications are in accorcl.mce with such laws, ordinances, ruies and regu~auons. Discrimin;r.tion: 6.11 A No action shall be taken by the Contractor wim regard co 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. TlIl}{es; 6.18 Cost of all applicable sales, consumer use, Oind other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stilted by me CONTRACTOR. SafetY and Protection: 6.1 c) The CONTRACTOR sh3l11 be responsible for initiating. maintaining and supervising all safety preautions and programs in connection with the Work. They shall take all necessary precautions for tht<l safety of. and shall provide the necessary protection 00 prevent dam&ge. injury or loss 00: 6.1 ~.I Ali employees and amer persons. who may be affected thereby. iii. i 91.2 An the Work 2lnd all m:ueri&ls or equipment to be incorpolC!.ted therein, whether on storage on or off the site, and 6.1 ~U Other property at the sate or adjacent mereto, including trees. shrubs. l<Awns. walks. p21vements. roadw<AYS, structures and utilities not deSignated for removal. relocation or replac!!lment in the course of construction. 6020 The CONTRACTOR sh<llll deiSignate a responsible member of their organia::aoon <At the site whose elyit}' shan be the prevention 01 accidents. This person shall be the CONTRACTOR'S Superintil:mdem: unle5S omenwise designaood in writing by i:he CONTRACTOR 00 the CllY. Emergencies: 6.1 ! ~n emergendes affecting the :s.,Jety of pen;©n$ or !the Work or pmperl:Jf ,n the :.i1:e or aldli:u;en~ therell:©. die CONTAACTOR. without special instruction or authoria::aticm from me CONSULTANT or crr!', i~ obligated to act, at his o1llscr~tion, 00 prevent dmeai:en~d damage. injury or loss. H~ shall give the CONSULTANT prompt written notice of any significant chrulges in the Work or deviations from m~ Contract Documents cOill.!sed thereby. if me CONTRACTOR believes ma\: additional Work don® by him in an ~mergency which 2lrose from cal.!~es beyome! his control entitles him to an imcrease in me Contract Price or an e){tension of the Contract Time. he may make a claim therefore as provided in Artid~ i i C\ml 12. ~ Drawings and Samples: ~.22 After checking and verifying ali field me~uremen1:S. the CONTRACTOR :shall submit to the CONSULTANT for review. in accordance with me accepted schedule of shop drawing submissions. siu (6) copies (or at the CONSULTANT option, one reprodudble copy) of al! Shop Drawings. which shillii have been checked by and stamped with me 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 investi~tion. ~.2] 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 dearly as to material. manufacturer. any pertinent catalog numbers and the use fOf which intended. 6.24 At me 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. ~.25 The CONSULTANT shall review with responsible promptness Shop Drawings <lnd Samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the ilSSembly in which the items functions .. The CONTRACTOR shall make any correctiol'l£ required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop DraWings that are in conflict with each submission or re-submission. The CONTRACTOR'S s't<lmp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the 12 CONSULTANT that the CONTRACTOR has either determined and/or vermed lllll quantities, dimension, field construction criterilll, materials. catalog numbers l!.nd similar data or they lllSsume full responsibility for doing so. and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work lllnd the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample ilihal! 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 CONSULTANTs review of Shop Drawings or samples shall nol: 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 hlllS 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. 6.27 A The CONTRACTOR shan be liable ta the OWNER far amy additional cos~ or delay malt is caused by iu fuilure 00 notify the CONSULTANT of any of said deviation!> or conflicts between Shop Drawings or due to errors; in the Shop Dr.!.wings or sample$;. Cleanin~ 6.28 The CONTRACTOR shail d<aan up behind the Work <lS much <?JS is relllSol'lalbly pOSSible as the Wor!t progresses. Upon completion of the Work, aild before accepltance of final payment for the Project by me OWNER. me CONTRACTOR shall remove all his surplus and discarded materials, eJ(alllateo1 m2looriai and rubbish <?JS wen <lS all odler materiai :oind equipment that does not form a part of d'le Work, frrom the prropen:y. roadways, sidewalks. parking arealS, lawn and al! adj2lcenl: property. In :.!ddition. the CONTAACTOR shall de:.!n his portion of Work involved in any building unci!!!r this Contr.!.et, 1>0 ttI;!!t n© fui1:her cleaning by the OWNE!1\. is necessary prior to its occup21nq and he shall restore ali property. bOl:h publiC .. nd privaoo, which has been disturbed or damaged during the prosecull:ion of the Work so <?JS (Co leave the whole Work Md Work Site in <Il ni!!<Ili; and presentable condition. 6.2~ if the CONTRACTOIR does no\: dean the Work site, the CITY may de<lln the Work Sill:e of the mal:eriais referred 00 8h'1 p:aragraph 6,.213 <lnd charge the cos\: to the CONT~CTOR. Public Convenience and Safet;y: 6.30 The CONTRACTOR shail, at all times, conduct the Work in such OJ mOinner as 00 insure the least practicable obstruction 1:0 public I:l"lllvel. The convenience of the generOl! public OInd of the residen~ <!.long Mol 2Idjacenl: 00 the OIreal of Work shali !be provided for in 01 satisfactory mMner, consisUlnll: with mil! operation .. nd loal conditions. "Street Closed" signs shall be placed immediately adj2\cent 00 me Work. HC'I 21 conspicuous position. 0\1: such locations as traffic demands. At <Ilny time mal: streets are reqUired to be dosed, the CONTRACTOR shall notify law enforcement agencies and in p .. rticular, the Cii:)+' of South Miami Police Department, before the street is closed and ag<lin as soon as it is opened. Access ~o fire hydrants and other fire e)ttinguishing equipment shan be provided and maintained at ail times. Sanircary Provisions: 6.31 The CONTRACTOR shall provide on-sitE! office, and necessary toilet h1dlities. secluded from public observation. for use of all personnel on the Work Site, whether or not in his employ. They shall be kepI: in a dean and sanitary condition and shall comply with the requirements and regulations of the Public Au1:horities having jurisdiction. They shall commit: no public nuisance. Temporary field office and sanii:2lry facilities shall be removed upon completion of the Work and the premises shall be left: dean. Indemnification: 6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in 1EJ'i1l9l0~fi1J ~ of the Supplementary Conditions (Insurance and indemnification reqUirements). 6.l3l In the evenl: 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 e)tpense or to prOVide for such defense, at CITY'S option, any and all claims of liability auld all suits and actions of every name and description that mal}" be brought against 13 OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, its agents or 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 Worle 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work, existing building or structure or Work previously installed as requiroed by the Drawings and Specifications to provide a complete installation. 6036 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 com:rolling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from 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 roegulations 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. 14 €>JI®. i CONTRACTOR shall nOli: overload or permit any part of 1;jll'ly structure to be loaded with slI.u::h weigl'll: as wil! end.mger its safety. nor 5hall it subject any work \:0 stresses or pressures that will endanger it. 6.38.1 CONTRACTOR sh:<!ll enforce the rules and regulation promulgated by the CONSULTANT ~nd OWNER as well as their instructions with regard to signs. advertisements. fires OInd smoking. 6.31'13 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 al! workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnished in stdct accordance with existing governing regulations. Field offices shall include telephone facilities. Pro(tection of Existing Propen;y Improvements; 6.3g An)! existing sumce or subsurface improvements. such as paIVemem:s. curbs. sidewal~(S. pipes or utiiities. footings, or structures (including portions thereof). trees ancl shrubbery. not indicated on the Dr<lwings or noted i61 the Specifications as being removed or :!lltered sh2l11 be protected from damage during COi'l.structicm of me Project. Any such improvements dlllmaged during construction of the Projeci: iOn:;)!! ble restored <ilt me expense of the CONTRACTOR 00 <l condition equal to thai: ~misting at the tim!!'; oi ;!.ward or Contrnc\:. /l\[8\llllrt':1L1E IJ Q W©oo.ll«. rnlV ©1l1}\l1E1R\~o 7. i The CITY M<ly perform addition<il! Work related to the Project or may let other direct contrnru dlere10r which ShOll! conl:ain General Conditions similar (to these. The CONTRACTOR snaU ilIfl"ordi we other contrnctors who :<lre parties 1:0 such direct contracts (or the OWNER, if it is periorming the <lddotion~! Work itsel1), reasolrl:llble opporwnity for the introduction Mel storage of materials iWeil equipment and! (the execution of Work, and shall properly connecll: and coordin:l1te iu Work with theirs. 1.1 if an)! part of me CONTAACTOR'S Work depends upon proper execution or results of the Wor!{ of :l!.ny other contralcoor or the OWNER. the CONTRACTOR shan promptly report to the CONSULTANT ii'D writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work. 73 The CONTRACTOR shail do all cutting, fitting and patching of the Work thaI: may be required to Make its several pillr1:S come 1:Ogemer properly ilnd fit 1:0 receive or be received by such o1:her Work. The CONTRACTOR shall not endanger any Work cf others by cutting, excavating or otherwise altering d'ieir Wcrk and shall only cut lOr alter their Work with the written consent of the CONSULTANT and of the other contralttor whose work will be affected. 704 If the performalnce of additionall Work by other contrnctors or the OWNER. is not noted in the COnli:r<lC1t Documents prior to the execution of the Con~ralct. written notice thereof shall be given 1:0 the CONTRACTOR prior to starting any such additional Werk. If the CONTRACTOR believes that tile performance of such additional Work by the OWNER or others will COluse 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 contr.!Jctors as directed by them. Where such chases. slets, 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 ShOll! do all patching and finishing of the work of other contractors where it is cut by them OInd such patching and finishing shall be al: 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 ether 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 pregress of the work of other contractors. Should lack ef progress or defective workmanship on the part of other 15 contractors interfere with the CONTRACTOR's operations, the CONTRACTOR &ha.\\ \\ot.\'fj '-'lie CONSULTANT immediately and in writing. Lack of such 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 and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contr'act. AIRTICUE 8 -CITY'S RIESPOINSUBiUTIIES. 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. ARTiCllE 9 -CONSULTANTS' STATUS DUIR16\lG CONSTRUCnON. City'S Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during constr'uction 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 CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance for the 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 Interpretations: 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably infer'able from, the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it shall be required to submit a timely claim as provided in Articles I I and 12. Measurement of Ouantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. 16 Rejecting Defective Work: 9.5 The CONSULTANT shall have authority to dis2ipprove or reject Work that is "Defective Wor~n 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 and/or testing shall be approved in writing by the CITY. All consequential cost of such inspections and testing. including but not limited to the cost of testing alnd inspection. the COSt of repairing any of the Work, or the work of others. die cost to move furniture alnd 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 alndl samples. see pa~phs 6.25 through 6.28, inclusive. 9.7 In connection with the CONSULTANTs responsibility for Chalnge Orders see Articles 10. Ii. and 12. ~.8 In connection with the CONSULTANT responsibilities with respett to the Appiic:lltion f()r P2lymei'l(i:, liil~fC., see Article ! 4. Decisions on Disagreements: ~.I () The CONSULTANT shall be we initi:lll interpreter of me Constructioi"l DOfCumenl:5. Limitations on Consultalnt's Responsibilities: 91.11 The CONSULTANT will not be responsible for tile construction me~$. medlod~, techniques. sequence$) or procedures, or the safety precautions ;JlU'Icl progi7lms incident mereto. 'J!. i 1 The CONSULTANT will not be respcmsib~e for die :IlrtSi or omissions of \!:he CONTRACTOIft, Oil" llli'l)f Subcontrac\!:ors, or :llny of weir agent, sei"ll:lli'1l:S or employees. or :lilly other person performing any o~ me Worn under or through them. b\Ii\\IfO«:::lLlE ~ @ 0 «:::!}4~INl~Ie$ DINlIfC=OlE: W©IR\l1t, i O. i Wiwout invalidating the Com:ract, the CITY m21y. at :lIny time or from time to \!:ime. order :lIcldi'tiorns, deletions or revisions in or to the Work which shall only be :llumorized by 0\ written Change Orders. Upon receipt of a Change Ord!!!!'. me CONTRACTOR shall proceed with the Work involved. All such Work shil\ll be performed! under the applicable conditions of the Contract Documents. If any :lluthorized written Change Order C2\uses an increase or decrease in the COI1tr2\ct Price or an extension or shortening of the Contract Time. an eqjuitable adjustment will be made as provided in Article i i or Article i 2. A written Change Order signed by the errv and the CONTRACTOR indicates their agreement to the terms of the Chalnge Order. AU Change Orders :ohOiI! be certified by the CONSULTANT as to we appropriateness and value of the change in the Work as well as to amy change in the time to complete the Work under the circumstances. The failure to include a time emension in the Change Order or in the requeslt for a cnalnge order shaU result in a waiver of alny extension of time due to the change in the work as reflected in the Change Order. ! 0.2 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 forma! written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be OIccomplished by a written Field Order. If the CONTRACTOR believes that al81y change or alteration authorized by the CONSULTANTs 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 i:SSU:iililCe 01 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. ! OJ Additional Work performed! by the CONTRACTOR without authorization of Oi written Change Order shall not entitle it to an increalSe in the Contract Price or an e}{tension of the Contract Time. e}{cept in the case of al" emergency as provided in paragraph 6.22 and except as provided in paragraph i OJ .. 10.4 The Cln' 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 ali'l emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a chalnge in the Contract Time or the Contract Price which is approved by the CONSULTANT. 17 i 0.5 It is the CONTRACTOR'S responsibility to notify i1:5 Surety of any ch<Olnges OIffecting the gen®nli Scope of the Work or chO\nge in the Contract Price or ContrOlct Time and the aMount of the Olppliable bonds $Ilali be Oldjusted accordingly. The CONTRACTOR shall furnish proof of such O\n Zldjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. ,:\l:,lRl.irDCILIE ~ ~ = Il:IHJAINlGIE orr «:OL\!l1f'~C1r ll"!fm:Eo I 1.1 The Contract Price constitutes the total compenSliltion payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOfR ShOll! be al: i1:5 expense without changing the Contract Price. i i.2 The CITY may, Oll: any time. without written notice to the sureties, by wi"itten order designated or indicated to be a Change Order, make any change in the Work within the general scope of the ContrOlct, including but not limited to changes to or in: 1102 .. i Specifications (including drawings and designs); 11.22 Method or manner of performance of the Work. 11.2..3 CITY-furnished fadlities, equipment. m~teri<lls. $~rvice$. or sit<e; or i 102.4 Acceleration in the perlormamce of the Wor!{. ~ 1.3 Except as provided in this section, or sections referred \:0 in this section, no order, .!itatemen~ or conduct of the CITY shall be treated <IS al Change Order or erntittle the CONTAACTOfR 00 an eqllOi::l\b!e adjusW1em: unless and until the change in the Work is ilipedfically and e~!PJre$$lv provided for in a writte!l Change Order, or <lS otherwise provided in another section of the COi'li:ract Documents. i ! A When a Change Order is issued by me CONSULT ANY and signed by me CiTY or issued by the CITY illl writing, the CONTIfVl\CTOR shan perform the Work even if the CONTRACTOR does not :l!.gree with me dollar amounll: of the Change Order. If any Ch.mge Order COlUSes ;m increase .or d<ecre<J)5e in the CONTRACTOR'S cost of. or the time required for. the performance of ;my part of the Work under this Contract, for which the CITY ~nd the CONTRACTOR cannot reach a timely agreement, .m eqi.!ui::l\ble adjustment ba.s®d Olr! \:he cos\: of '!:he Work sh~li b<e M:adl~ lllllld .. he COIl'1i:nltt modiJ'il!!d acwrdli~glyo ~ i.5 if the CONTRACTOfR intends to assert a daim for an equitable acljustmem: or comest!: WI!'.: equitmle adjustment malde by cl1e CONSUJl T ANT, it shall. within 'i:en (10) calei'ld01ir d01i}'!li after receipt of a written Change Order. 5ubmi~ 00 cl1e CITY aWidl CONSULTANT a written notice including a 5tatemeni: ~ettillg forth the general 1l00tI.!re and monel:alry 1t!){1:ent of such d:llim for equitable 2ldjusunent, time e~ten5i<on requested and supplOrting data. In determining the cost of the Change Order, the COS1:5 sh2l1! be ~imi1:ed to those listed in section I 1.7 and I i .~. ! i.6 No claim by the CONTRACTOR for ;m equitable adjustmem: hereunder shall be allowed if nol: submitted in accordance with this section lOr if 2\Sserted :lifter fin01iI pOlyment under this Conll:ratt I i.7 The wlue of My Work covered by a Change Order or of any claim for aO"l increase or decrease in me Contract Price shan be determined ii'i one of the following W2lYS: ! 1.1.! By negotiated lump sum. 11.7.2 On the basis ohhe reasonable cost and sOlvings that results from the change in the Work plus;il mutually :agreed upon fee to the CONTRACTOR to cover olfeme2'ld and profit 1I'\0t to e)(ceed 15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable costs, the CONTRACT shall provide a list of aU costs together with backup documentation I !.~ The term cost of the Work means the sum of all direct ext~ costs necessarily incurred and paid by me CONTRACTOR in the proper performance of the Ch2'lnge Order. Except as otherwise may be agreed to in writing by CITY. such costs shall be in amounts no higher than those prevailing in Miami-Dade County and shall include only the following items: 11.8. i Payroll costs for employees in the direct empioy 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 payroll1:a)(es, workers' compensation, health and retirement benefits, sick leave. vacation and holiday pay applicable thereto. Such employees sh2l11 include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Sunday or legal holidays shan be induded in the above only if authorized by CITY and provided it was not in any W2ly. whether in whole or in part the result of the fault of the 18 CONTRACTOR due to negligence of the CONTRAC.10R or those ac.ting by of through hIm or due in whole or in part to Defective Work of the CONTRACTOR. I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transporLation and storage, and manufactur"ers' 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. I 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine, with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. I 1.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. I 1.8.7 The cost of utilities, fuel and sanitary facilities at the site. I 1.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. I 1.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. I !.9 The term Cost of the \lVork 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 sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph I 1.5. I 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. I 1.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. I 1.9.4 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 I 1.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 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 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: I 1.10.1 A mutually acceptable firm fixed price; or" if none can be agreed upon. I 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%). I 1.1 I 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 19 mamn<er ~ provid<ed in 11.3. When blOth additions <!ind credits "re involved in <run}' one cnillnge. the O'1e\l: shall be computed to include overhe21d and profit, identified sep<!irolteiy. for both illdditions and credit, provided however, the CONTRACTOR sh<!ill not be entitled to claim lost profl~ for 2lny Work nlOt performed. ,@.!?fifD<ClLlE 12 -TIME IFOIRI <C©IMIIJ»ILIE1rU©INl, ILH©IUlUP'@' TIElQ! fi)'@'IM~GIE~ t!i\!Nlfi) (b1Hlt!i\1Nl~1E OIF IFIHlIE (6OJINlTM<CT TRMIl:. 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 1:0 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 shali be granted due conditions that the Contractor knew of or should have known of before bidding on l:l'le project or due to inclement weather, e){c®pt as provided ill section 12.7. i 1.] if the CONTRACTOR shall fail w complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the OWNER me amount of liquidated! damages ~ specified in the Contrffict Documents for each calend:llr day after mil! schedulil!d dffiUl for wmpletion alSi adjusted by written Ch:llfl'lge Orders thalt elttended the completion date. 12.3.1 These amounts are no\: penalties but are liquidated damages incurred by the OWNElR for its inability 00 obtain fun use of the Project. Uquidai:ed dam21ges are hereby fhced Olnd 2lgreed upon b<etween the p21rties. recognizing the impossibility of precisely ZlScemining the amount of dlam:agf.e$ W:ll\: will be sustained :as a consequence of such delay. Ylel bOi:h partie>; desiring \:0 obviate :ilII1Y question or dispulte eonceming the iilMClunt off $4\id damages <lind the cost 2lnd effect of the f2lila.w® of CONTMCTOR to complete the ContF2\ct on time. The abov~stal:ed liquidated dM1iige$ shOlIl a\pp!y s;ep(;)n1teiy ~o each pn<£Se of the I"roiec~ for which iii time for eompietilOJfi'1 is given. ! :U.2 CITY is 2luthorized 1:0 deduct me liquid21ted d21mages from monies due to CONTIRACTOlR ~or the Work under this Contf"2lct. i 1.4 The Conttrnct Time may only be changed by a written Change Order. Any claim for an e)ttension in w<e CONTRACT TIME sh~1 be baseel on written notice delivered to the CiTY atnd CONSULTANT withen five (5) bll.!siness clays of the occurrence of the event giving rise ~o the claim and stating the gener.1Ji n:lli:ure of the daim including supporting dat2l. AI! daims for 2ldjustment in the Contract Time $hatl! be eV21h!a1:ed ;:and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any ch21nge in the Contract Time resulting from any such ci21im sh:illll be incorpoF2\i:ed in a written Ch:illnge Order. 11.5 Ali time limits stated in the ContrnCi: Documents are of the essence of the Contract. 12.1!i No claim for delay shall be :illUowed because of failure to furnish Dr.1Jwings before the ®xpi~tion of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such DraWings:. Furthermore. there shall! be no mone1:ary compensation for such delay and the CONTRACTOR's sole remedy sha!! be an e)(tension of time for the period of delay. 12.1 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. 12J5 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages dye w 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 ZlS set forth above. the only remedy for any delay shall be limited to an emension of time as prOVided for in Section 12A which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above. CONTRACTOR shall not be entided to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs. eltpenses or damages. including bUi: nol: limited to, costs of 2lccelerntion or inefficiency. overhead or lost profits, arising because of delay, disruption. interference or hindr.1Jnce from any cause whatsoever. whether such delay. disruption. interference or hindrance be reasonable or unreasonable. foreseeable or unforeseeable. or avoidable or unavoidable. 12.~ The CONTRACTOR waives all claims that ;:are not presented to the City in writing on or before the 2ht day follOWing the date of the event upon which the claim is balSied. 20 ~ 2. ! 0 Dispute Resolution: If <hny dispute concerning a question of faCI: arises under clte Cont1O>.1:1:, other rcn<hrl terminatiorl for default or convenience, the CONTRACTOR and the city department responsible for the <hdministration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by Olgreement, then the department with the advice of the City Attorney :and the CONSULTANT shall ruie on the disputed issue :and send :Il written copy of its decision to the CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project. ~IRriJD«:lllE i] = @JUAMN1rIEIE. 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR direcdy, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (I) year (rom 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 S<hme guarantee :lima unconditional warnnty shall be Erntended 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 Certffiate of Completion. if issued by the City. whichever is applicable mel if more than one is tAppliabie, the one that is issued last. for latent Defective Work. The CITY wil! give notice of observed defects with reasonable promptness. ~n the event that the CONTRACTOR should fail to commence to correct such Defective Work within rten (10) calendar days after ~aving received written notice of me defect. or should the CONTRACTOR commence the corrective work. bu~ fail to prosecu~e die corrective wor~ continuously mel diligently and on accordance with me Contract Documen\:$. applicable law. rules mol regulations, the CITY may declare an event of default. termintAte me Contract in whole or in part and cause me Defective Work 00 be removed or corrected and 1:0 complete the Work at the CONTRACTOR'" Ernpense. and the CITY shall charge die CONTRACTOR the cost thereby oncurred. The fF'erfoml:>lti'lce Bond shall remain in full force and effect through d'le guarantee period. ! 3.1 The specific ~r~m:y periods listed in die Cont~cij; Documents. if dif{eren~ from (Chit< period ©!ff tim~ ~i$tecl in Secticm ! 3.1, shalll:ake precedence over Section 13.1. ! 31.] CONTRACTOR shall Olct ru; agent, on a limited basis for the OWNER, at me CiTY's option. solely for me ~onow-up concerning ~r~nty compliance for ;>Iii items under manurncwrer's; W:arranty/Gu:>l~tee ;lind for the purpose ©!f completing all forms for Wlllrranty/Guaram:ee coverage under this COi'li:~ci:. i 31,4 !1iI case of default by the CONTRACTOR, the City of South Miami may procure the articles or services; from other sources md hold the CONTRACTOR responsible for tAny excess costs occasioned or incurred mereby. i 31.5 The CiTY may withhold acceptance or, or reject items; which are found Ljpon e){:ilminOlI:iOi'l, not ICO meei: the specification requirements. Upon written notification of rejection. items shall be removed) within five (5) business days by the CONTRACTOR at his own e)(pense and redelivered ~t his e)(pemse. Rejected goods left longer than thirty (30) calendar days shall be regarded as abalildoned :<lnti the City shan have me right 1:0 dispose of mem as its own property and the CONTRACTOR thereby ~ives any claim to d'le 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. &'!RfiT'OCllle ! &9 0 1Jil.£. VlMltefA!l1r~ AtNllQ) «:<OlMlJilllteili©lNl • . f])yments to Contractor 14.1 The Contractor shall not be entided to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a "purchase order", or any other document. does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), me CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accomp.mied by partial releases of lien e)(ecuted 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 mose 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 ilccompanied by such supporting data. satisfactory to the CITY, 21 which establishes the OWNER'S tid~ to dle material and equipment Ol$ weI! as certificates of insurnrnce providing coverage for 100% of the value of said material and equipment covering the materi:al! ;mel equipment from ail casualties as well :a\S theft. vandalism. fire and flood. The CONTRACTOR sh2l11 replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) C2llendar 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 estimC\te to the CONTRACTOR, indicating in writing his reasons for refusing 00 approve pC\yment. In the latter case, the CONTRACTOR may mC\ke the necessary corrections and resubmit the partial payment estimate. The OWNER, will within dlirt:y (30) cC\lendar days of presentation to it of any C\pproved partial pC\yment 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 0111 Work covered by the ContraC1: Documents. Any interest e2med on the retainClge shC\!I accrue to me benefit of the OWNER. 14.2 The CONTRACTOR. before it shall receive finC\I payment, shall deliver to the CI'TY 01 Contrl1lctor's finru Payment Affidavit as set forth in the Florida Construction Lien St:atute as well as final rel~es of lien ~ecul:ed by all persons who hC\ve 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 mC\de pa}f2lble to tlle CONTMCTOR C\ne! such person. Contitilctor's Waroo~ of Title ~ -0 The CONTRACTOR warrants <lm:i guarantees mat title to aU Work, m21l:eri21is 2lnd equipment covered by 211'1 Application for Payment whether the Work, materi<ll! or equipment is iR'lcorporated in me Project or noi:, s;h~i have passed to me OWNEIR. prior 1:0 the malting of the App!iOltiOU1l flJr Paymen1C, free rule:! d~1' of a!~ ~iens, dC\ims, security inli:erest <lndJ encumbrances (her~fter in these G~ner<J Conditions referred 00 as "liens"); and thalt no Wor/(, materialls or equepmeili:, covered by an Application for Paymellt, will have been alcquired by me CONTRACTOR or by a\IJ1y oi:l1<er persoUl performing cl1e Work alt me site or furnishing ma~riaDs a\nd equipment ror mil'! Project, under or pursuant Ito :lin algril'!emenl: under which om interest merein lOr <elllcumbrnnee dier<!lon iSi re~ned by the seller 01' otherwise imposed by the CONTRACTOR lOr such lOcl1er persofl. &provai IOf \3wnent ~ 4,4 The CONSULT ANrs approval of iMl}f pC\yment requested in an Application for f'awment shan cOlnstiltUte at repr~sentation by him to me CITY. based on the CONSUL rANT's on site obsenfOltions off the Work nil progress as an experienceciJ professional ancJi on his review of cl1e ApplicC\tiolll for Paymenll: 2lnd supporting dOl\l:;., Il:h1!.t the Work hOlS progressG:;d to :tI1~ point ~ndic<tted in 1:1;", ApplkOltior. for F<tymei'1~ that, ~o W"" best his knowledge. information and belief. the quality 01 me Work is in acclJrdiMlce with the Contnlcl: Documents (subject to an evaluC\tion of the Work as a lfullctioning Project upon substantial completion as defined in Article i, to the results of any subsequent I:ests called for in the Contract Documents and any qualificC\tions stated in his approval); and thC\t me CONTRACTOR is entitled to payment of the amouillt approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed to halve represented that he mC\de exhaustive or continuous on-site observa\tions to check the quality 01' the quantity of the Work, or that he has reviewed the meC\ns, methods, techniques, sequences and procedures of construction or thC\t he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be pC\id to him on account of the Contrl1lct 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: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and thC\t ali mC\teriC\ls induded in this request for payment and not yet incorporC\ted into the construction are now on the site or stored at C\n approved locC\tion, and payment received from the last request for payment has been used to make pC\yment.s to all his Subcontractors and suppliers, except fer the ameunts listed belew beside the names of the persons who performed work Oil" supplied mC\terials". In the event that the CONTRACTOR withholds payment frem a Subcontractor or Supplier. the same ameunt of meney shC\II be withheld from the CONTRACTOR's payment until the issue is resolved by written agreement between them and then 01 joint check shall be mC\de pcnyable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the meney shall be held by the OWNER until a judgment is entered in favor of the CONTRACTOR or the person, illl which 22 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 signatol-ies 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 ofthe 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 corporate purchasing cards. ePayables, streamline the pl-ocess 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 secu,-jty features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the OWNER's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.1 I The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved. The waiver shall. include all things done or furnished in connection with the Work and for every act and neglect of the 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 if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring cOITection or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 23 i 4. ! 2.2. the Work necessary to be completed for me purpose of cendfying the work a$ being Substantially Completed or Finally Completed cannot be verified, 14. ~ 2.3 claims or Liens have been filed or received. or there is reasonable evidence indicating the probable filing or receipt thereof thai:, if valid and paid, would reduce the amou&'It owing to me CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which. if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion <lind 5% in the case of Final Completion. 14.13 Ifme CONSULTANT de-certifies any portion ohhe 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. ~fi(\lii<>;lL~ O!ii = ~l!I~lr~fNl~O©~ ©~ W©If§C1. ~1NIliJ> lI!E~MOINl~ IiO©INI. ! 5. i The CITY may, ai: any time and without cause, suspend the Work or :i!li'II)I portion mereof for a period of not more than ninety (90) aiendar days by notice in writing 00 the CONTRACTOR ~ildl \:he CONSULTANT, which shall til{ ~he date on which Work shall be resumed. The CONTRACTO~ :!ii"10\1i 1;»111; allowed an increase in the COIl1tr:l\ct Price or .Wl el{tension of me Cont~a Time, or both, directly attributable to any :ii!Js;pem,ion ~ndJ iff 01 dOlim is timely m:aldJe and iff ilt is 4llnowed under me terml> of Articles II or Article 12 . .CLty MOl)! Terminate ! 5.2 if die CONT~CTO~ il> adjudged bankrupt or nnsoiveni:, or if he m411kes :il gei'lelOl~ a$signment far d1Je ber&efil: off its creditors. or if 01 trll.!$'i:ee or receiver is ~ppainted for die CONTRACTOWt or for any its property, or if he flies al petition ~o take advanlL:i!lge of ali'ly debtor'$ alCi:, or 00 reorpni.-:e under bankruptq lOr similar laws, or if he repeatedly fails to supply sufficient skilled workmen or l>uitabie materials or ®quipmell~ or if he repe;Jl~edly ifails ~o make prOMpt payments to Subcontnlcoors or for labor. mall:eri<llis or equipment or he disregards laws, ordinances. rules. regul411tions or orders of any public body haVing jurisdiction, or if he disregards the :i!luthority of me CONSULTANT. or if he otherwise viola~es any provision of, the Cc,mtr'act Documents, then the CiTY may, without prejudice to any amer righ1; or remedy and :i!lfter giving the CONTRACTOR and the Surety seven (1) calendar days written notice, terminate me services of the CONTRACTOR :i!lnd tolke possession of me Proiec~ Md of all materials, equipment. ~ools, construction equipment and machinery thereon ownl!!d by the CONTRACTOR, and fini£h the Work by whatever memod it may deem expedient. in such cas;e me CONTRACTOR shail nolt be entitled to receive :amy further payment uij'jtii the Work is finished. If the unpaid balance of me Contract Price exceeds the direct and indirect costs of completing d'le Project, including compemiO!.tion for additionali professional services. such excess shall be paid ~o the CONTRACTOR. If such costs enceed such unpaid balance. the CONTRACTOR or the Surety on me Performance Bond shall pay the difference to the OWNER. Such costs incurred by the OWNER shall be determined by the CONSULTANT and ineorpolOli:ed in a Change Order. If after termination of the CONTRACTOR under this Section, ii: i~ determined by ai court of compe~ent jurisdiction for any reason that the CONTRACTOR Wa$ not in default, the righ1:S and obligations of the OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 ~ 5.3 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 el{isting or which may thereafter accrue. Any retention or payment of moneys by me OWNER due the CONTRACTOR shall not rele2lSt!'; the CONTRACTOR from liability. 15,4 Upon seven (7) calendar days' written notice to the CONTRACTOR and the CONSULTANT, the CiTY m:i!ly. without cause and without prejudice to any other right or remedy, elect 00 terminate the Contralet for the convenience of the OWNER. In such case, the CONTRACTOR sh:i!lll be p:/lid for all Work enecuted 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. 24 15.4A The CiTY reserves the right in me event the CONTRACTOR cannot provide an item(s) or servke(s) in :a timely manner as requested. tOl obtain the good andlor services from other sOI.!rces &l.ncl deducting the cost from the Contrnct Price withOlut violating the intent of the Contnltt Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever. the CONTRACTOR. if notified to do so by the CITY. shall prompdy remcve any part or all of its equipment and supplies from the property of the OWNER. Should the CONTRACTOR nct 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 nOlt be liable for loss or damage to such equipment or supplies. Equipment and supplies shall not be construed to induc:le such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Wcrk or Terminate 15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of morl!:: tU1<!ln ninety (90) alendar days by the CITY or by order of other public <!lUmonty. or under &1.1'1 order of court or the CONSULTANT fuils to act cn any Application fcr Payment "Within thirty (3C1) calendar days aker i(C is submitted, or the OWNER fatils tel pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty (30) calendar d<!lYs cf its approval, and presentation, then \:he CONTRACTOR may. Q.!pon twenty (10) cctllend<!lr days written notice to the CITY and thl!! CONSULTANT. terminate the Contract. The CiTY mOlY remedy the delay or neglect within the twenty (20) calendar d<!lY time f~me. If timely remedied by the C~TY. the Coni:r&I.(;t :shall not be considered terminated. In Ueu of terminillting the Contnltt, if the CONSULTANT has &iled Ito act on <!In Application for Payment or the OWNER has hliiedl to mOlke any payment as afore said, the CONTIltACTOR may upon ten (10) calendar dOlyS' notice 00 the CiT\!' and the CONSULTANT s(Cop the Work until it h2$ been paid aU amounts then due. Indemnmcation cf Independent Consultant. ~ 5.1 The CONTIltACfOR and di(!!; C!TY hereby admowledge$ th<l1t if me CONSULTANT is an indepoodleni: contractor of \:he OWNER. thl!! CONSULTANT may be relUCfi:&nt to rule on any disputes concerning 1:he Contract Documents or on the performance of the CONTRACTOR or the OWNER purs!A<!lni: 00 ilil!! rcerms ofdle Contr<!lct Documents. Therefore, the OWNER. at the CONSULTANTs request, agrees; to provide die CONSULTANT WM :a written ondemnificOition and hold h;mniess agreement to indemnify <!lnd hold die CONSULTANT harmless as 00 any decision in this regard before me CONSULTANT makes at" interpretation, deo-certifles a payment application, decertifies Substl1ln'i:iai Completion, decertifies Firu:lli Completion, certifies an event of default, 01" approves any action which requires me <!lpproval of the CONSULTANT. &l.lRl.lffl«:1.LlE n ~ = IMlH$efElLll..£;i).lNllE(Q)llJJ~. 16. ! Whenever any provision of the Contract Documents requires the giving of written notice il: shall be deemed 00 have been validly given if delivered in person 00 the individual or tc <l1 member of the firm or to an cfficer of the ccrpor&l.tion for whom it is intended. or if delivered at 01' sent by registered or certified mail, postage prep<!lid, \to the last known business address. 16.2 The Contrnct Documents shall remain the property of the OWNER. The CONTRACTOR and ilie CONSULTANT shall have the right to keep one record set of the Contr&l.ct Documents upon completion of the Project. 16.3 The duties and cbligaticns imposed by these General Conditions, Special Conditions and Supplementary Conditions. if any. and the rights and remedies available hereunder, and, in particul&l.r but without limitation, the warr&l.nties. guarantees and obligations imposed upon CONTRACTOR by the Coni:r&l.ct Documents and the rights and remedies &l.vailable to the OWNER and CONSULTANT thereunder. 5h&l.II be in addition to, and shall not be construed ill any way as a limitation cf. 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 whcse &l.Ci:S they are legally li<!lble, 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. 25 11.1 OWNER and CONTRACTOR knowingly, irrevo~bly voluntarily and intendc:many waive <lny right either may h:<lve 00 a trial by jury in State or FedeiOil Court proceedings in respeci: to any action, proceeding, lawsuit or counterclaim arising OUi: of the Contract Documents or the performance of the Work thereunder. ~!EY'DC!UE i i?J ~ AITOlPifNllE'lf!Si 1F1E1E5i RlUJIl'iOSIJ)OCY'DOfNl/ VlEfNltlJJlE I GOVlEll'ifNlDlNlG IL.AW, IS. I The Contract shall be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the ContiOicl: or Contract Documents. Venue of any action to enforce the Contract shall be in Miami-Dade County. Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims. counterclaims, disputes and other matters in question between !:he OWNER and the CONTItACTOR lllrising out of or relating to this Contract or the breach thereof. shall be decided in a court of competent jurisdiction within the S~te of florida. &'~1iB«:IL~ 0 Pl -Fr>~OilE«:1i ~1E«:@oo.[»~, !~.! The CITY shall have right to inspect :i'.nd copy during regular business hours; at OWNER'S e>tp~nse, \:hill books and records and accounts of CONTRACTOR which relate in <1Iny way to the Project, and to any claim for additiona~ compensation made by CONTRACTOR. and to condua an audit of the financial <1!.niil OlCCouilting records of CONTRACTOIR which relate te the Project. CONTRACTOR shall retoJin and make available 00 CITY all such books and record~ and :llccounts, financial or otherwise. which neiOite \;0 me Project and \;0 any dlllim for a period of three (3) years following final completion of the Project. During We Project and We three (3) year period fellowing final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) business clay's written notice. ~ 'Sl.1 CONTRACTOR and aI~ of its subcoil1:rnctors are required to comply with dle public recorcils law (s. ij i IJl.010 I) while providing services on behalf or the OWNER and the CONTRACTOR, under such conditions;, s;haii incorpornte this paragraph in all 01 its subcontiOictsi for this Project. CONTRACTOR ;mel itts subcontractors are specifically required to: (a) !(eep and mainll".ain public records required by me public agency to perform the service; (b) Upon request from the public agency's custodi:lln of public records, provide the public agency with 0\ copy of the requested records or allow the records t@ be inspected or copied within a reasonable time at 0\ cost that does not exceed! the cost provided in this chapter or as OWen-vise provided by izw; (c) Ensure that public records thalt are e)(empt or confidential and e>tempt from public records disclosure requirements are not disclosed e){cept as authorized by law for the duration of me contract term and following completion of the contuact if the contrnctor does nlOt transfer the records w the public agency; and (d) Upon completion of the contract, i:ransfer. at no cost, 1:0 the public agerncy all public records in possession of the contrnctor or keep aH'ld maintain public record" required by tlie public agency to perform the service. If the contractor tr7Jl1sfers all pUblic records to die public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are enempt or confidential and e>tempt from publiC records disclosure requirements. If the contractor keeps and! maintains public records upen cempletien of the contract. the contractor shall meet all applicable requirementts for retaining public records. All records stored electronically must be provided to the public agency. upon request from the public agency's custodian of public recerds, in a format that is compatible with the information technology systems of the public agency. Sf THtE C©lINlT~(6T©~ fHlA$ QtlJltE$T~ON§ ~!E~A~lQ)ONlG T~~ ~1f'J(p'[J,J<CA THON Of CfHiffi\~T!E~ ~ ~ ~ p fl©!fi~ DA ~u ATlIJlIlE$, TO 1I'!HltE COINlTMCT©!Rl,"S DIVl"inf TO !f1~©VB~1E IPU~UC ~1E<C©~Il)~ RE~ TQrNlG If© TC=IlO~ CONlTMCTp ~©INlTA(6T 1I~1E ~U$lI©lQlnA!M Of IfllllJlB)Ue IR!.~(:©IRUQ)$ AT l@§o'((l,lm~:MI@; lEQm~i~~ mmeli'll<eI1iHdl<eil@§(!j)lUJtlhimi~nffil.l(!j)w; (§) 0 l@ ~Il.!lli'll§<e\l: fQ)rrow®o ~«»llJltfl1 MDalMH, If'll] ~ 4l:ll. 19.3 If CONTRACTOR lOr its subcontractor does nQt comply with a public records request. the CITY shall have the right to enforce this contrnct provision by specific performance and the persen who violates this provision shall be liab!e to OWNER for its costs o{ enforcing this provision, including attorney fees incurred in all proceedings. whether Cl!dminist~tive or civil court and in ali appellate proceedings. 26 :W.I If any provision of me Contraet or tile application thereof w any person or situation shi!lll to :my e~ent, be held invalid or unenforceable. the remainder of the Contract, and the application of sucih provisions 00 persons or situations other than those as to which it shall have been held invalid or unenforceable shall! not be affected thereby. and shall continue in full force and effect, and be enforced i:O the fullest ex~m permitted by law. &fl5\if'HI1:Il..lE 1 R = iNDEPENDENT 11:0NirAACir@f(. :2 r. i The CONTRACTOR is an independent CONTRACTOR. under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR. and not as officers, employees, or agents of the OWNER. Personnel policies, tax responsibilities. social security and health insurance. employee benefItS. purchasing policies and other similar administrative procedures. applicable to services rendered under the Con~ract shall be those of the CONTRACTOR. &®.ifDCfLle 22 -MSIGNMENT. 12.1 The CONTRACTOR shall not innsfer or assign any of its rights or duties. obliptions and responsibiliiie$ arising under the terms, conditions 2lnd provisions of this Contract without prior written consent of die City Manager. The CITY will not unreasonably withhold and/or delay 1E$ consent to the assignment of Il:n® CONTRACTOR's rights. The CITY may, in its sole 2lncil absolute discretion. refuse to allow me CONTAAcrO~ to assign its duties. obligations and responsibilities. In ~ny event, the CllY shail not consent ttl such assignment unless CONTRACTOR remains jointly and severally liable for (lIllY breach of the Agreement by the assignee, the :ol$signee meets all of the CITY's requirements 00 dte CiTY's soDe satisfaction aE8d the assignee em:ecutes all of the Contrac\,: Documei'l'i:s thalt were required to ~e el(eeui:~d by the COI\ITAACTO~ UINl WBifll\ll!i:$$ 'W1Hl~®'[i;©fl". the parnes heretp have (!l>tecuted \:he General Conditions ,to illcknow!oog® li:heir iildusion ~ !l~ii: off \:hIS! C©ntrnl1:~ Doc~m"'O'lIts Oli ~his_ .~' ,.:: .;-clay or /-' '-: ~ 20--:.-0 ArrESTED; ~ead and Approved as £0 ~orm. language, legality, !Bnd Execution Thereof: ~_~-~;?~;~:-=;"":~-,-~~:5:(~~~' Signature: __________ _ City Attorney Signature: ________ ,..-____ _ Steven Alexandel"--~ City'Manalger fEXHRIIOT 1 ~f!J.l/Pl!?O®m€!trilta\rry 4:@troldlH11:g<OlIro~ ~INl$U AlL.!L.t<i\ ifHOfN) OlF fi\llJ/EW lFlRllElE$ii AND61N1G PLA YGfffi@I1JJINlD ~~IlJJB~lMltE!i\'lif b\ 11" ri»U$@lN/ Ii"~~t:{ ~ifD ifDliU@ U'JQ U U A. Consultant: In accordance with ARTICl~ I of the General Conditions CONSULTANT is defined as the person identified as the CONSULTANT In the Supplementary Conditions or if none, then CITY's designated representative as identified in the Supplementary Conditions. The CONSUL TANrs. if any. and the City's Designated Representative's name. address. telephone number ane! facsimile number are as follows: Ia. Terminati@i'I or Substitution of Consull:2nt: Nothing herein shall prevent the CITY from terminating ttl@ services of die CONSULTANT or from substituting another "person" to act as th~ CONSULTANT. C. Plans for Construction: The successful CONTAACTOR will be furnished sets of Contraci: DocL!ments without charge. Any additional copies required will be furnished to the CONTRACTOIR. at :12 cost to the CONTRACTOR equal to the reproduction cost. D. The Scope of Services. also referred to as the Work in the contract docum.lnts, is ;,s; set forth in cl'ie RfIP and! in me attached I:~H8IS)Rii ~ ~ #}.~:r.&dimlSllil(l;S fA" ~ rID (l;«j) tl:i'Il® 1Rl1Fw> lilnd if there is a conflict the ~ttachlOO &hibit shall take precedence. 1:. (:onmaor shall comply with the insurance and indemnification requ!remellu:s is set foM ill me RfP ood in me documem: set fOM in me atll:ached ~~HHrIDHl' ~ \!:@ ~Ilurs IFl.fIi" and if there is lil conilitt the attached ~ibii: shall tr.ake precedence. ~. The Work shall be complel:ecl in 7/f§; «:~Bel!ildlaJ[r cd]ji.\'17z unless <l shoi"l:'liir I.:ime is set rorti'l in the Contra«:i: <l!'ld in such eVt!'lnt the Contrale!: shall Qke precedent notwid'!standing any provision in the Genera! Conditi<OKls 00 the ContraCt that may be to the conmry. U~ Wl!1iINlIE$$ WH~lru\:@iF, me parties hereto h~ve ~ecuood the Supplemen'l<lli")' C@nciitions to lildm@wiedge their inclusion as paN ohlle Con€ract on mls-),,"C'day of i ~",,!,c -: , 10: i , ArrESTED: ': : \' Signature: ..: \ ~: ' ' ',',' 1\; , Nikerga A7P~yne Ci~Clerl( , Read and Approved ~ to Form, Language. legality, Mel ~eQ!tlon Thereof: -'7~~~-~~;~ .--/ ,/, /~.-L-~ t/ /' ' SifUl~tYffl: ='-_-_~~ _______ _ City Attoll"ney Signature: __ -::-~:'-"":-:-,-_-:-___ _ Stei.t~nAle)(ander Cj~Manager fEND OF SECTION ~~I)-mmlf ~ $ce@l}lI<e @~ §lelfWk<e§ Atta\dl'llmel11llc A OIi\lS1rAllLA1rOOIi\l OfF Ii\l!EW L<=~lErES1rAINIDlDNG IP'~YGfR\OIlJIND IEQllJiIi"MIEINI"IrA1r DDSOi\llIPAfR\1l{ fRlflP IP'R21liB 8-1 ! 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; ali 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) and the erection of construction safety fencing, cones, etc. at the end of each working day. Prior to any digging, Respondents must locate all underground utilities and other facilities as well as contacting Sunshine 81 ! to coordinate the process between excavators and member utilities in Florida so that they can mark the approximate iocation 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. Respondents shall complete and provide a «ILM~ ~1!lJ1lfflj" quotation in IEJf!hJu(bJoit ~p U{;@m~IfM«:'i!H@trN lfi,odJ iF@F'llffiJo PP The City's Parks and Recreation Department is soliciting proposals from qualified companies to design, furnish and install new playground equipment and fall zone material at Dison Park. Work is to include the design of a play system within the constructed play area boundaries, as well as the installation of commercial grade playground equipment, eqUipment footings, and fall zone materials. Quality of equipment components, quality of design, play value, cost, and appropriateness to location and target demographic must be taken into consideration in the design of the play system. Respondents shall provide detailed documentation defining the work performed. Such documentation shall include, but not limited to, a detailed scope of work, manufacturer catalog and/or cut sheets, general data sheets, drawings and sketches or specification and warranty information. 36 29 Respondents shall include the manufacturer and either pictures or 3- dimensional drawings of all proposed playground equipment. Respondents may provide a maximum of two (2) design options for Dison playground. NOTE: INTERESTED PARTIES ARE ENCOURAGED TO INSPECT THE "PARK LOCATION" REfER TO EXHIBIT I. ATTACHMENT B', "DISON PARK EXISTING SITE, ANALYSIS" Dison Park 8021 SW 58 Avenue South Miami, fL 33143 • All play system e lements includ in g safe ty surface must be safe and meet and /or exceed all federal, state, CPSC, ASTM, IPEMA and ADA guide li nes. • Prov ide playground structure designed for todd lers and preschoolers ages 2 to 5 years o ld. • Playground surface must include edging/border/curbing and poured-in-place rubber safety surface over the entire play area. • Prov ide swinging equipment-m inimum I swing for todd lers. • Provide shade structure. • Other desired e lements include: site furniture, free-standing seesaw, built-in activity panels, sensory play equipment, transfer t ubes, and spring toys. • Prov ide 5' feet w ide asphalt accessible route of trave,l to the play area, approximately 120 linear feet. III. Project Duration and Schedule The current estimate to complete this project is 75 calendar days from issuance of Notice to Proceed. 37 30 IV. Warranty At a minimum, Respondent/Contractor shall-warranty the Work to be free of significant defects in workmanship and materials for a period of one (I) year. The standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment shall be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, it shall be assigned to the City. V. Frequently Asked Questions (FAQ) Question #1: Is there a Bid Bond required for this project? Response # I : No, a Bid Bond is not required for this project. Question #2: How much funding is allocated for this project? Response #2: The total dollar amount allocated to the project is $70,000 dollars. Question #3: Can the budget be exceeded and if exceeded will the bid be disqualified? Response #3: Yes, but only if the City Commission amends the budget. The City Charter requires a Resolution and approval by the City Commission for budget adjustments to established line item funds that are appropriated for specific projects and/or line item budget amounts. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. END OF SECTION 38 31 EXHIBIT No. I SCOPE OF SERVICES Attachment B INSTALLATION OF NEW FREESTANDING PLAYGROUND EQUIPMENTAT DISON PARK RFP PR10I8-11 nOISON PARK EXISTING SITE. ANALYSYS11 END OF SECTION 39 32 c.v c.v EXISTING SITE ANALYSI S 40 L_Hd ?arce18oundOll}' Project BOUnd~f)' PedlMtlian Cm:ulabon Pattern J-~--t. ~;:~I VehiC'.Ilar Circulation < < Views. 10 preurve or enhanc.e VilM'Stoscreen ~ ... Noist' IVlSval Guffer '.. ActMt)' Node I Focal Pon,l FENCE :--:.IAa('S EXHIBIT 2 INSTALLATION OF NEW FREESTANDING PLAYGROUND EQUIPMENTAT DISON PARK RFP PMOII-11 . Insurance & Indemnification Requirements Insurance A. WIthout limitingitsliability,the contril.Ctor~ consultant or consulting finn (hereiria.fter referred to as "FIRM" withregardto<lnsuranceand Indemriifica.tion requireinentS) shall beteqliiredto procure and maintain at its OWllexpense during the life of the Contract, insurance.ohhe types. and in the minimum amounts stated below as Will proteCt theFIRM,fiom daimsWhiCh mayanseoUt of or' result from the contract ortheperfonnanceof the contract with the City of SOuth Miami,whether such claim is against the FIRM orariysLib-c:ontrador, or by anyone directJy or indirectly employed by any of them or by anyone for whose aets any of them may baliable; B. No insurance reqllire<ibytheClTYshail. be iScSued or written by. a surplus lines carrier unless authorized in viritingby the ClTYaiJd~uch autflorizlltion shall beat tfle CITY's sole and. absolute. discretion. The FIRM shallpurchaseinsuranC:E!ftoll1~c:fsb~rmai~ntheiosurance with a. company orcomp;mies lawfully authorized to sellinsuranc:e.intljE!.S~teofRonda,onJonns ~proved 'ily tbeState oft=lorid~ as will prote~ die FIRM, at. a Illinim",m, from, all claims as S!!tforihb~ow which l11ay arise out of or result from the FIRM's opera~ons ulJdert/le Co~C±andforwhic:hthe .. FIRM maybelep,llyli~le,whether suchopera(ionsbe bytbe FIR.M prbyaSubcpn~~r'orby·anYQne.direCtly Qrindirectlyemplpyed by any of th~, or byanyone(orwhosea~ ariY(i)fthern lllaybeli$le: (a) claims IJnderworkers' compensation, di~jlityben~aod OttlerSimilar>~ploy~b~~ a~ wbi(:hareapplicatiletQ the Work to be performed; (b)claimsfor~am~'bec:aus~ of.bod,iyinj~ry,o,cQlpation!llsic!<neScSor disease, or death oftheFiRM'semploy~s;(c) c:1~insfor damagesbecause;ofbodilyinjury,~icknessordis~e, or death of any personotherthanth~FIRM'sempioyees; (d)ciaimsJpr damages insured by us~ . personal injury liability cpverage; (e) dajms fordam~;other ~to~e Worki~eIf.becauseof injury to or destruction of t;iJ:lglbleproperty,ind",(iinglps!!of'use. resl1lting:th~ fr:orn;(t) claim~(ordamag~ bC!Cause of bodily injury, (Je;w. ofapc:lr$onorpl"()p~rtyc:lamagear,isil1goutofown~hip, rnaintenan~or use.of a motor vehicle;(g) claims for bodily inJury or propertyclamage ariSingolJt ofcompletedoperations; and (h) claims involvingcontra¢tualliabilityinsurarice applica.J)letq.theFiRM'sobligatfons under the Co~ct. Finn's InSUrance Generally. The FIRM shall provide and main1;aininJo{"ce and effectl.mtihillthe Work to be performed under this Contra¢1;-hasbE!eilcompl$:ed and accep~ed by CITY (or for such duration as is otherwise specified hereinafter), the insurance coveragew$en .on Florida approved forms 'and as set forth below: Workers' Compensation Insurance at the st:atutory amouot as to all employees in. compliance with the 'Workers' Compensation laW" ottheStateofFlorida including Ch~ 440, Florida Statutes, as presendywritten or h~er amended, andallapplicablefederall.aws. In addition, the policy (laS) ml,Jst include: Empl~' Uability at the statutory coverage amount. The FIRM shall further insure that all ofits SUbcontr'a<:tors maintain appropriate levels of Worker's Compensation Insurance; CommerdaiComprehei1siveGeneraiLiability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and person~injury arid property damage liability with limits of $I.OOO~OOO combined single limit per occurrence and $2;000,00.0 aggregate, including: • Personal Injury: $1 ;000,000; . • Medicallnsutarke:$5;OOO 'per'person; • Property Dam;tge: $500,000 each occ:urrence; Umbrella Commercial ComptehensiveGenerai Liability insurance shall be written on a Florida approved fonn with the samec:overage as the primary insurance pdllcy but in the ainount of $1 ,000;000 per claim and $2,000,000 Annual Aggr9te. Coverage muSt be afforded on a form no more restrictive than the latest edition of the Comprehensive General Uability policy, without restrictive endorsements, as flied by the Insurance Services Office, and must indude: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed. with minimum limits of coverage equal to those required for· Bodily Injury liability and Property Damage liability. Business Automobile Liability with minimum limits of One Million Dollars ($1.000,000.00) plus an additional One Million DoUar ($1;000.000.00) umbrella per occurrence combined single limit for BOdily Injury liability and Pro~rty Damage liability. Umbrella coverage mUst be afforded ona fOmi no more restrictive than the latest edition of the Business Automobile liability pOlicy. without restrictive endorsements, as filed by with the state of Florida, and must inClude: (a) Owned Vehides. (b) Hired and Non-Owned Vehides (c) Employers~ Non-Ownetship Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet. the subcontract shall contain the same insurance ProVision assetfor'th in these insurance.and indemnificat:i()n requirements. other than the Fire and Extended Coverage Insurance and substitutingcthe word SubcontrclctOr for the word FIRM where applicable. . . .. Fire and E#endedCovera,ge Insurance miiilders~ Risk); IF APPLICABLE: A In the event tIlat this contract involves tl)econsthJttlonofa struct:ure,the CONTRACTOR.. shall maintain, widl· an Insurance Company or Insurance Companies accept:dlleto the CITY, "Broad"fonnJAiI Risk Insurance on buildings and structures. jnduding¥andalism & Malidous Mischief cove~ while in the courseofconstruction;includingfoundations,additic,ms, attachments and allperm;mentflxtures belonging to .andconstitutinga part ofsaid bUildings or structures. The p()licy or pC)liqes shail also cover machinery, if the cost of machinery is included in the C()~ Or iftheml!.chinery is located in a building that is being ren()vatedby reason of this contract. The amount ·of insuranc.e must, at all tim~ b~ at least equa:! mthereplac.eme!liandaCJ:UaI. cashvaJue .of the insiJredproperty. 1'h~pC)licy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear,and shall also cover the interests of all Subcontractors performing Work. B. All oftb~provisions set forth in the Misc~Uaneous section below shall apply to this coverage unless it woulci be clearly· no~applicable. Miscellaneous: A If any notice of catlcellation of insurance or chaJ')ge in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period oftllis contract, the FIRM shall be responsible for securing Qther acceptahie insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified .in this settlon and s() as to maintain coverage during the life of this Contract B. Alld~ductiblesmustbedec:lared by the FIRM and must be apPrQved by the CITY. At the option of the CiTY, eit'her·the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a. Bond •. in a form~sfactoty to the CITY covering the same. C.The pollcie$ shalltontain waiver ofsubrogationagainst CITY where applicat!le, shall expressly provide that such policy or policiesa.re primary over any other c()lIectible insul"ance that CITY may have. The CITY reserves the right at any time to request a copy of· the reqUired policiest'orreview. AIL policies shall contain a "severability of interest" or "cr()ss.liability" dause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this·Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to theCl1"Y, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be ratedAVII or better per AM~ Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance pc;licies must be written on forms approved by the State of Florida and they must remain in full f()rceandeffect for the duration of the. contract period with the CITY~ The FIRM may be required by the CITY. at its sole discretion, to prOvide a "certified copy" of the Policy (as defined in Artide I of this document) whith shall indude the declaration page and all reqUired endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following .. endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury". 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"i . (2) a policy provision or an endorsement with substantially similar provisions as follows: ''This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (IO) days advanced written notice oftheintent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, With proorof delivery to the City." E. If th~ FIRM is providing professional services, such as would be prOvided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the AR.Ms~a1lalsoprovide Professional Liability Insurance on a Florida approved form in the amount of $1 ,000.000 with~eductible per claim ihny, not to exceed 5% of the limit ofliability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by thE! FIRM its agents, representatives,SLib Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insOrance shall be maintained for four years after COmPletion olthe constrOctionandacceptanceof any Project covered by thisAgteemEmt. However, the FIRM may purchase Specific ProjeetProfessionai Liability Insurance, in the amountanCi under the terms specified. above, which is also acceptable. No insurance shall be issued by a surplos lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A The Contractor accepts and voluntarily.incurs all risks orany injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other' fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend. save and hold CITY, its officers, affiliates, employees. successors and assigns, harmless from any and all' damages; claims, liability, . losses, claims, demands, suits, fines. judgments or cClstand expenses,including reasonable attorney's fees, paralegal fees and investigative costs incidental there'to and incurred prior to, dutingot folloWing any litigation, mediation, arbitration ai1dat all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees. successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission. misconduct, or any gross negligence, intentional actor harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives. employees. or assignsjor anyone acting through or on behalf of any of them. arising out of this Agreement, incident to it, or resulting from the performance or non-perforrnance of the Contractor's obligations under this AGREEMENT. .. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers. affiliates. employees, successors aild assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission. or act of the Coritractor,' its Su\);;Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of. or incidenttQ, this Agreement, or incident to or resulting from the performance or non-performat1(:e of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defendirigsuch claims which rnay result from or arise out of actions or omissions of the Contractor. its contractor/subcontractor or any of their agents, representatives. ernployees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurringori the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor. CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees. or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval Will not be unreasonably Withheld. F. However, as to design professional contracts. and pursuant to Section 725.08 (I). Florida Statutes. none of the provisions set forth herein above that are in c:onflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concemiF)g indeOlnification. Thus, the design professional's obligations as to the City and itS agenci!!s, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages,.losses,aild coSts, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the .contract. END OF SECTION ~7 EXHIBIT l INSTALLATION OF NEW·FREESTANDING. PLAYGROUND EQUIPMENTAT DISON PARK RFPPRlO 18-11 THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Mimager City of So lith Miatni 6J30 Sunset Drive South Miai'ni. FL 33143 CONSTRUCTION BID FORM I. If this Proposal. is accep~ed •. the undersigned R~pondent agrees to. enter into a Contract with the City of South Miami iiltbeform .inc:luded inthis SoliCitation Packagli!and to perform aridfumish all work as specified or indicated in this Solicitatiol), iI'lcluding as set forth in Exhibit I (Stope of Senrices, Attachment A &8 for the ('n)posed Price 3,$ set forth below. Within the Contract Time and in accordance with the other terms •. and condJpons of the Soiic:itation Package; 2. Respolldent ac:ceptsali of the terms and CO.l'lditidns. of the Solicitation and Instructions to Respondents. induding without limitation mose dealing with the dispOsition of Proposat/Bid Bond, if required. This PropoSal will remain subject to acc:eptancefor 180 calendar days after the day of the Proposal Opening. The Respondent; by signingandsul:lmitdng this.propow,,~ to all of the terms and conditions of the formol contracj: thatis a~ 9ftlle Sciidtation package with appropriate changes to conform to the infOrmat;ion c:olltaineclinthis t~ic! Form. Respondenta.vees to sian aildsubmii the Bonds,.if required by this Solicitation, required insl!tancedocuinents,arid other docuinentsreqUired by the Solicitation, indudingthli!Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. Insub.:nittingthis Prc;>posal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the followiogAddenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents. the proposed work, . site, 10cality,andall.locaJcoriditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditioris:lf 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 physicaJ· conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examiriations, investigations, explorations, tests and studies in addition to or to supplefuei1tthosereferred to in this paragraph Which pertain to the subsurface or physical conditions at the site or otherwisemayaffE!ctthe 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 Qr 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 Rel>pondent's bid, or proposal price. has taken into consideration all possible underground conditions and Respondent, if awarded the contract, shall not be entided to a change order for any such cQndition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations. investigations, explorations. tests. report::i and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data. shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Und~rground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations. eXplorations. teSts. reports or similar information or da~ 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 Cont:J:"llctDoc!Jm~unless the Ptoposal.spe<:ifkally states that the .contract price is subjl!Ct to adjustment for future discovery. of unde~ound 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 ~equired in subsection ii above. d. Respondent has given the City written nc:rticeof all conflicts, errors or discrepancies thatit has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, bysubm!1iting its propo.saI 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 ~y undisclOSed ~rson,finn or corporation and· IS not submitted pUl'Suant to any agreement or rules of any group, association, organi~on,or corporation; Respondent has not directly or illdirectly induced or solicited any other Respondenttpsubmitafalseorsham!TQposal;Respondenthas noUolicited or induced any person. finn or corporation to refrain frOm responding; and Respondenth3$ nououghtby collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. RespondentunderstandsllOd agr.~sdlatthe Contract Price is thumount that it needs to furnish and install all of the Workcompl$! and in place. TheSch~Llle 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 n(lt be adjusted in anyway so. as to result in a deviation from the Schedule of Vall,les,except to the ext:ent-thatth!o\!CITY changes the Scope of the Work after the Contract Date. As such. the Respondent shall furnish all labor. maWials, equipment, tools, superintendence and services necessary to provide a complete, in place, Project.for the Proposal Price. If this SOIidtati6nrequires the completion oh Respondent COSt and Technical PrC)f)osafasmay be set forth in in an eXhibit to this Solic~pn, such proposal must ~attachedto this Construction Bid Form and will take the place of the Lump Sum Prite, otherwise, theContrad: Price for the· completed work is as follows: LUMP SUM BASE PRICE: __ 1.L.O':"".1-1 =OOOK.."'-.. ___ dollars and _--'0::....,.0_· ___ cents Alternates: #1 _________ #2-____________ __ 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. S. The ENTIRE WORK for project in accordance with Exhibit I. Scope of Services. Attachment A & B shall be completed, in full. within· 7S.calendar dayS from the commencement date seth 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 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. 419 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 behll,lf of the business that I represent. hereby agree to the terms of the form of con~ct 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 theeity and I have agreed upon in the course of contract negoti!ltians and which have beencorifirmed by the City in writing, inciuding e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the laWful representative of the businessenttt.y referenced in this Bid Form, tha.t I have authority to bid for tha~ entity, that I have authority to sign contracts far that ·ei'ltityand bind it to those contract terms and that all of the information and representations eantained herein are true and carrect to the best of my knowledg~ information and belief. SUBMITTED THIS I; DAY OF -"----:f\lUl\e..-20~. --~---------------- Telephone Number <6vle-qW'" 19115" Email Address I Tide END OF SECTION City of South Miami Dison Parle Patty Carruthers Drawn By: Ma\tean AzarI Data: 611412018 QUDto Nuinbet bps-50386-1 Blu Produclo &.Servlco. 6831 S S .... _t.r Rd. Uthla sP!t~g., ~ 30122 ~7O;920-1934 WMY.biuprudllllll.com Tra sh Bin ~ Area-2265 Sq. Ft. Linear Feet-185 Ft . 1--------~----------70·-4·-----------------_I , ~~ ~ ~ 6' SENOI ~ 2-SfAT ,aotJNC!'. AAOUIID ~OOD<~ '.;.~~~~ 22 lrAY.if.'O o ~ Trash Bin 38"-10· IMPORTANT: Ne~er inslal play equipment over hard, unresm8nt IUrfJceslUCh as aaphln. concrete, orco.,.acted earth. Ills the C\Tnets responltbilly to eflBUfB the "'minimum area raq~A!ld'" c:ontaln$ an appropriate amount. of re.sment mlrelial to atthlon acddel1taJ ~. L ~ City of South Miami Dison Park Drawn By: Mattean Azari BIi .. PIoduets & Services 6831 SS ... _erRd, LIth'" 8pifnoo, GA 30122 77D,92001~ www.hll .. pfO!luds,cOlt\ City of South Miami Olson Park Patty Carruthers PrzwnBy: Mattean Aza~ Pile:' 611412018 iluoleN~ bps-50,386-2 Area-2189 Sq. Ft. Linear Feet-185 Ft. Blin _UCla & SI!IVIceI 8831 Ssw. ..... terRd, UlitJI,S!>Ii.!Qs. GA30122 771).920-11134 ........w.bUu~com Trash Bin~ ';:0 u4 o· OEN<;tI VER1ICAI. LOOP ClJII9ER DQUIiI.£ \'EUICITY SIIl£ r BENCH c;;;;:;2 0 ----- !!,. 0.0.' SINCI.E POST 20 BAY SN/IC -/2 'IIELT 5£.lt a: 2 '1OT SEAT Trash Bin ,7'-11- IMPORTANT; Never 11111.0 play equipment aver han!. UIUII'tUenlsulf.cas such a. asphalt. cancte!e. or compact.~ U/Ut. 1111 the ownefl IUpDRlIbIIlly 10 ... "'" the "11\Int!w(ll area re'lltltlld' coni .... an approprlale amount of reSilient matettello cullllon accldenlll IIoIla, ~, ~ City of South Miami Olson Parte: DnownBy: Maltean Azari SIlal Producll & Service. =-::;~~~~ 77(1.020-1834 _blisiPtodueto,com EXISTING SITE ANAL YSIS t---t < < T ---Tabulation: Legend Parcel Boundary Projeel Bo undary Pedes1rlan Ci rculation Pattern Genera l Veh icular Circu lat ion Pa ttern Views to preseNe or enhance Vie""s to i\t;reen NoIse I Visual Bu"er Activlty Node I Focal Point FENCE ::t lOO 6) I'- """ r......r---1 .0' 50' 100' EXISTING SITE ANAL YSIS f---t < ,~ .. ---Tabu lati on: .. ..,.nd Pa rcel Bound ary ProJect Bou ndary Pedestrian Circulation Pattern General Vehicu lar Circulation Pattern Views to preserve or ·enhan~ Views 10 screen Noise J Visua l Bllffer Activrty Node I F acel Pornl FENCE :::1 k.fe~ to """ r-u---1 0' 50' tOO' A pLAYCORE Company PLAY & PARK STRUCTURES WARRANTIES LIMITED WARRANTY ON SUPERMAX, DURAMAX & TOTMAX Play & Park Structures provides a lifetime limited warranty on SuperMax, DuraMax & totMax: a fifteen -year warranty on metal decks, pipes, rails, loops, and rungs; a lifetime limited warranty on upright posts; and a one-year limited warranty on powder coated parts. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. Lifetime warranty covers the life of the product as defined below and covers the product under normal use, proper maintenance and at original installation location; see exclusions. LIFETIME LIMITED WARRANTY ON HARDWARE Play & Park Structures provides a lifetime limited warranty against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware against rust; and a one-year limited warranty on hardware against rust; see exclusions. All testing of Play & Park Structures' hardware is performed under the guidelines of ASTM B 117. The lifetime warranty refers to the life of the product as defined below and covers the product under normal use and proper maintenance. The cost of replacement due to scratching or cutting of certain hardware plating is not included in this warranty. FIFTEEN-YEAR LIMITED WARRANTY ON ROTOMOLDED PRODUCTS Play & Park Structures provides a fifteen-year limited warranty on rotomolded products and ten- year limited warranty on polyethylene hand holds for structural integrity against damage due to breaking or splitting under normal use that causes the product to become structurally unfit for its intended use; see exclusions. In the event of a claim under this warranty, Play & Park Structures will replace the rotomolded product at no cost to the customer. Play & Park Structures 2018 Warranty Page 2 49 TWENTY-YEAR LIMITED WARRANTY ON RECYCLED PLASTIC LUMBER PRODUCTS Play & Park Structures provides a twenty-year limited warranty on recycled plastic lumber products in normal applications against rotting, splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use; see exclusions. LIMITED WARRANTY ON NET CLIMBERS AND COMPONENTS Play & Park Structures provides a five-year limited warranty on nylon-covered cable net climbers and components against structural failure caused by cable breakage; a five-year limited warranty on nylon-covered cable wear and deterioration resulting from defects in material and workmanship; and a one-year limited warranty on nylon rope products. These warranties cover damage due to failure that cause the product to become structurally unfit for the intended use; see exclusions. LIMITED WARRANTY ON INTEGRATED PLAY & PARK SHADE PRODUCTS Play & Park Structures provides a ten-year limited warranty on fabric canopies against tears, runs, cracking, mildew and color fading except for red, which has a three-year color warranty. Canopies have a limited warranty against structural failure due to wind of up to 90 miles per hour (mph) and structural failure due to snow and ice loading exceeding five pounds per square foot. Fabric canopies are to be removed if winds are expected to exceed 90 mph or when snow or ice is expected. Fabric warranty does not cover damage resulting from chemical contact. All metal upright posts and support structure framing have a ten-year limited warranty against becoming structurally unfit for the intended and a one-year limited warranty against rusting and workmanship of painted surfaces. Warranty is limited to winds of up to 90 mph when fabric canopies are installed (wind resistance improves 10 to 20 mph without canopies). LIMITED WARRANTY ON SITE FURNISHINGS Play & Park Structures provides a ten -year limited warranty on site furnishings against structural failure and a one-year limited warranty on powder coating. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for the intended use; see exclusions. LIMITED WARRANTY ON FIBERGLASS SIGNAGE AND HDPE PANELS Play & Park Structures provides a ten-year limited warranty on fiberglass sign panels against delaminating or fading and a five-year warranty on high density polyethylene (HDPE) panels against degradation and discoloration. TEN-YEAR LIMITED WARRANTY ON REDWOOD AND PRESSURE-TREATED WOOD PRODUCTS Play & Park Structures provides a ten-year limited warranty on redwood and pressure-treated wood products against damage by decay or termites that cause the wood to become structurally unfit for its intended use; see exclusions. Play & Park Structures 2018 Warranty Page 3 50 FIVE-YEAR LIMITED WARRANTY ON PLAY & PARK STRAP AND TOT SEAT Play & Park Structures provides a five-year limited warranty on strap and tot swings seats against structural failure that causes the seats to become unfit for its intended use; see exclusions. The factory installed "S"-Hook and Seat Hanger assemblies are covered under a one-year limited warranty against rust, corrosion, or premature wear. FIVE-YEAR LIMITED WARRANTY ON FREE NOTES INSTRUMENT INSERTS Instrument inserts provided by Freenotes Harmony Parks carry a five-year limited warranty against failures in manufacturing or materials. THREE-YEAR LIMITED WARRANTY ON "C" SPRINGS FOR SPRING BOUNCERS Play & Park Structures provides a three-year limited warranty on "C" springs for Spring Bouncers against damage due to delaminating of the rubber spring and breakage of the "C" spring that would cause the Spring Bounce to become structurally unfit for its intended use; see exclusions. 3-YEAR LIMITED WARRANTY ON POLYURETHANE FOAM Play & Park Structures provides a three-year limited warranty on polyurethane foam parts. This warranty covers damage due to failure of parts that cause the product to become unfit for its intended use. This three-year limited warranty covers the product as defined below, and covers the product under normal use, proper maintenance and under ownership of the original purchaser; see exclusions below. ONE-YEAR LIMITED WARRANTY ON ALL OTHER PLAY AND PARK STRUCTURES PRODUCTS Products included in the Play and Park Structures catalog that are manufactured by other PlayCore companies, including but not limited to UltraSite, Ultra Play, UltraShade, UltraShelter and SurfaceMax, will maintain the warranty of each respective brand. For the purpose of this warranty, lifetime encompasses no specific tenn of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship. Play & Park Structures excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from Play & Park Structures 2018 Warranty Page 4 51 twisting, warping, checking, shrinking, swelling or other natural physical properties of wood. To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you. No Sales Representative can modify or amend the terms of this warranty. Play & Park Structures 2018 Warranty PageS 52 Claim Procedure To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to: Play & Park Structures Customer Service 544 Chestnut Street Chattanooga, TN 37402 Or Contact you local Representative at 1-800-727 -1907 Within 60 days of notice of claim under warranty, Play & Park Structures will make arrangements to replace the damaged product. Play & Park Structures will cover freight costs within the continental United States. Play & Park Structures is not responsible for freight costs associated with products located outside the continental United States. Play & Park Structures reserves the right to inspect all products identified as damaged. Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state. Date of Purchase: _______ _ Purchaser: __________ _ Play & Park Invoice Number .. · _____ _ Authorized Play & Park Signature Title See Park Structures on the web at www.playandpark.com To obtain a "GENERAL CERTIFICATE of CONFORMITY" as required by the "CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008" follow the link below and enter your seven-digit customer order number. CERTIFIED Play & Park Structures 2018 Warranty www.cpsia.playcore.com ~IPEM~ INTERNATIDI.L PLlY ElIDIPMEIT ..... F.CTDRERS .SSDC •• TID. Page 6 53 MEMBER Manufacturing & Supply, Inc. TECHNICAL BULLETIN #1 RESILIENT PLAYGROUND SURFACING SYSTEMS Poured in Place Playground Surfacing SHOCK ATTENUATING PLAYGROUND SURFACINGS have gained wide acceptance throughout the world as the single most important contribution to increased recreational safety on and around play apparatus. The shock absorption capability of a surface is measured by ASTM 1292 and should be installed to the appropriate depth as recommended by the Consumer Product Safety Commission. Specifiers and installers of playground equipment and surfacings should be thoroughly familiar with both ASTM and CPSC technical standards. Playground surfacings that are resilient, shock attenuating, seamless, and durable can be laid in a multitude of custom colors and pattems. These surfaces are known by various names: CIP (Cast-in- Place), PIP (Pour-in-Place), Wet Pour, In-situ, and other similar terms. All these terms refer to a mixture of graded, sized rubber particles which are combined with the appropriate BTRTM or Qualipur polyurethane binder in a mixer, cast "wet" upon a stable subsurface and finished with lubricated hand trowels. When formulated and applied with precision and care, the result is a matrix of rubber particles and voids that will cure to a resilient, porous and durable surface. The term "seamless" differentiates a poured surface from a tile surface but it is a relative term, as seams are sometimes necessary. Generally speaking, seams can be the weakest part of a sUrface and special attention to cutting and priming are necessary. Working "day-seams" are used for large surface installations, pattem inlays, and when weather requires unexpected curtailment of work. Working seams should be clean, well knitted and flush. Seams are obviously necessary when different colored patterns or designs are introduced. Whether required during initial installation or for repairs, any seam requires meticulous attention to assure strong bond and aesthetic quality. The resilience or shock absorbing capability of the surface is dependent upon several factors, the most common being the size of the rubber particles and, exceptional elongation and strength of the binder, the thickness of the system, and the troweling (compaction) technique of the installer. Mix formulations will vary slightly from one installer to another, as each will be based upon the available preferred rubber stock sieve size and the desired characteristics of the finished surface appearance. The surface usually consists of a coarse, thick SBR rubber cushion layer that is topped with a firm, granulated EPDM rubber wearing course. Installer variations may occur; therefore, the end user should always require that the installing contractor provide a certified ASTM test report for a sample produced with the materials used for that particular installation. While most PIP surfaces are designed to be porous, the system can also be modified to be non- porous. Related information is available in other Technical Bulletins and Technical Data Sheets. 54 PROCEDURE FOR INSTALLATION OF A 'PIP' SURFACE General: PIP surfaces can be installed over any stable and well drained subsurface including concrete, asphalt, or compacted, crushed stone. Concrete or asphalt is the most stable. Concrete base can be over-poured with rubber surface after only three days of cure. Asphalt base must cure for at least 30 days with temperature over 70F. A crushed stone base will be subject to freeze-thaw movements. Any stone base must be evenly and finmly compacted, and with adequate drainage. If crushed stone is used as a base, a light-duty geotextile fabric overlay is sometimes used but noat required. Inspect the rubber for size and gradation. All rubber must be dry. Do not accept rubber that is not unifonm, contains metal or fiber fragments, or excessive dust. Check surface planarity and compaction. Set screeds and reference points to contrbl the desired thickness of the surface to be installed. Thoroughly proportion and mix the proper quantities of SBR rubber and binder for the cushion course using a ribbon or paddle-type blade (mortar) mixer until the rubber is uniformly coated with binder. The mixing process takes one to three minutes, depending on the mixer, batch size, and temperature. Over-mixing as well as under-mixing can result in installation failures. If the surface is laid on concrete or asphalt, prime the area to assure a strong bond. Deposit and evenly spread the mixture. Finish the top of the cushion layer to the exact thickness required with the aid of a screed and hand trowel. Irregularities in planarity of the cushion course will adversely affect the integrity and material consumption rates for the EPDM top course. The cushion course should exhibit a unifonm density or finmness after troweling to be an even and smooth surface. The type of binder selected depends on temperature and the presence of moisture in the air for proper curing as cure time is based on the prevailing weather conditions. Wearing Course: Usually the wearing course is laid as soon as the cushion course has cured. Ensure that the cushion course is clean and fresh -if not, a hand applied primer is recommended to provide an enhanced bond between the cushion and wearing course layers. Do not install a wearing course surface when temperatures will radically vary or fall below freezing during the cure cycle. Rapid drops in temperature during the curing process may cause contraction of the surface, resulting in cracking. Apply a primer along the perimeter edge of the pad to assure a strong bond between all surfaces. It is recommended that primer is also used on the top of the base course under swing or other high impact areas. Plan the work so as to position a probable day-seam in the "least objectionable" location, such as under the equipment. Installing a seam is a critical work item that takes special attention. If a seam is required, prime all cut and previously laid edges or special shapes or graphics that may be inlaid. Deposit and evenly spread the mixture along a screed which controls depth. Carefully trowel the material to a unifonmly compacted density and thickness. Handwork the seams between the working rows to form a tight knit surface without raised or uneven areas. Hand finishing should take place quickly after spreading, as once the material begins to set, overworking can cause weakness in the wearing course and textural differences in the surface. In addition to screeding and hand troweling, large areas may also be finish rolled. 55 Curing of the Surlace: The CIP surface must be protected until fully cured. The curing time will depend upon the prevailing weather, however, the process may be accelerated once a partial cure has been achieved. Experienced installers trained in accelerated curing techniques will sometimes apply a light water mist to the surface to speed the cure. Normally, a play surface may be walked upon without damage within 36 hours after installation, but this depends on temperature and the presence of moisture. Walking upon or using a surface before the full cure is reached may result in cracking which might not be evident for weeks after installation. Be sure to ask for the written recommendation of the installer who is more familiar with his particular installation and prevailing weather conditions that would affect the curing process. GUIDELINE MIX FORMULATIONS RAW MATERIAL REQUIREMENTS FOR APPROXIMATELY ONE (1) SQUARE FOOT OF VARIOUS DEPTHS OF PIP SURFACING. ACTUAL REQUIREMENTS MAY VARY BASED ON THE BLEND OF MATERIALS UTILIZED, EDGING DETAILS, GRANULE DISTRIBUTION, PRIMING, AND INSTALLATION TECHNIQUES. CRITICAL FALL HEIGHTS ARE APPROXIMATE -CHECK INSTALLER'S TEST REPORTS. THIS IS A GUIDELINE ONLY, BASED ON INDUSTRY AVERAGES. o :;:TS;:;-;:C;O::o-m-p-,,-an-:-y-;b:-:-eT-'lie=-=v-:-es=-=t;:;::h-e-:-in·fo-rm----cat::-io-n-;h--:-e-:-re-:-in-CtC-o"7b-e-;-tru-e-,-:-a--:-cc-:-u-ra--;t-e-an-d-;-r--:-e;;-:lia7b7::le-:-a-n--;d--;-is-g--;iv-e-n--;-in-:-g-:-o--:-o-::;d-;:fa--;ith;;--. -:;:T;;-he~co:-:::m::-::p:-:::a-ny-c-a-nnot, however be held responsible for any errors or omissions and will not accept responsibility for any use which may be made of the information. Properties shown are typical and do not imply a specification. This information is based on practical experience and laboratory testing, successful use depends on the conditions applicable at the time and the equipment used. Users must ensure by their own testing that the products perform adequately in each situation. Since conditions and disposal are beyond our control, OTS Company, Inc. disclaims any liability incurred in connection with the use of our products; no warranty, express or implied, is given nor is any freedom from any patent or use of trademark owned by OTS or others implied. OTS Manufacturing and Supply. Inc. 293 Industrial Drive LeXington, SC 29072 Telephone: (803) 957-3549 ©2010 OTS OTS BTRTM Polyurethane Binder is manufactured under ISO 9001 and is a trademark of OTS Manufacturing and Supply, Inc. 56