Res No 122-18-15155RESOLUTION NO.: 1 22-1 8-1 51 55
A Resolution authorizing the City Manager to purchase goods and services from Recreational
Design & Construction, Inc. to install pop-up lane line anchors at Murray Park Aquatic Center.
WHEREAS, the City's Parks and Recreation Department desires to install new pop-up lane line
anchors at Murray Park Aquatic Center; and
WHEREAS, although there are designated lane markings on the floor of the pool, the original
design -build of the aquatic center does not include lane line anchors for public lap swim or for
recreational training purposes; and
WHEREAS, this project entails installation of three (3) swim lanes —six (6) spectrum aquatic pop
up anchors into existing pool deck; and
WHEREAS, the City submitted an Invitation to Quote (ITQ) #PR2018-10 on Thursday, May 17,
2018 for "Pop-up Lane Line Anchors." Two (2) proposals were received; Recreational Design &
Construction, Inc. was the lowest and most responsive vendor; and
WHEREAS, the total expenditure shall not to exceed $12,922.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is authorized to expend an amount not to exceed $12,922 to
Recreational Design & Construction, Inc., to install pop-up lane line anchors at Murray Park Aquatic
Center. The total expenditure shall be charged to the Parks and Recreation Capital Improvement -
Miscellaneous account number 301-2000-572-6450, which has a balance of $301,616 before this
request was made.
Section 2: 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.
PASSED AND ADOPTED this 3`d day of Jam, 2018.
ATTEST:
CITY 6LE 1 K
a0 !
.rd
" &vw
COMMISSION VOTE:
5-0
Mayor Stoddard
Yea
Vice Mayor Harris
Yea
Commissioner Gil
Yea
Commissioner Liebman
Yea
Commissioner Welsh
Yea
1
Agenda item No:1.
City Commission Agenda Item Report
Meeting Date: July 3, 2018
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section: CONSENT AGENDA
Subject:
A Resolution authorizing the City Manager to purchase goods and services from Recreational Design &
Construction, Inc. to install pop-up lane line anchors at Murray Park Aquatic Center. 3/5
(City Manager -Parks & Recreation)
Suggested Action:
Attachments:
Memo -Lane Lines (1).docx
Reso-Lane Lines.docx
Proposal-RDC Recreation Design & Construction. pdf
Demand Star Pop Up Lane Anchors IIQ.pdf
Sun Biz Recreational Design & Const 6.14.18.pdf
(7,
South (ekami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE: July 3, 2018
Agenda Item No.:
SUBJECT: A Resolution authorizing the City Manager to purchase goods and
services from Recreational Design & Construction, Inc. to install pop-up
lane line anchors at Murray Park Aquatic Center.
BACKGROUND: Murray Park Aquatic Center, located at 6701 SW 58th Place, opened its
doors to the public in August 2014. The aquatic center features a zero
depth entry 100,000-gallon recreational pool, splash pad area, and
restroom facilities.
Although there are designated lane markings on the floor of the pool, the
original design -build of the aquatic center does not include lane line
anchors for public lap swim or for recreational training purposes. This
project entails installation of three (3) swim lanes —six (6) spectrum
aquatic pop up anchors into existing pool deck. Lane lines keep
swimmers in their own area of the pool to reduce the risk of collisions or
interfering with someone else's swimming. Another primary purpose of
these swim ropes is to help swimmers stay course and to prepare youth
for swim competitions.
The City submitted an Invitation to Quote (ITQ) #PR2018-10 on Thursday,
May 17, 2018 for "Pop-up Lane Line Anchors." Two (2) proposals were
received; Recreational Design & Construction, Inc. was the lowest_ and
most responsive vendor. The City had contracted Recreational Design &
Construction, Inc. for the deign -build of the Murray Park Aquatic Center
and recommends their quality of work and professionalism.
iN
,{� CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
THE CITY OF PLEASANT LIVING
VENDORS &
BID AMOUNT: Please find below a breakdown of all submitted proposals..
VENDORS AMOUNT
RECREATIONAL DESIGN & CONSTRUCTION I $12,922 ✓
TICS CONTRACTING CORP $19,000
EXPENSE: $12,922.
ACCOUNT: The total expenditure shall be charged to Parks & Recreation Capital
Improvement, account number 301-2000-572-6450, which has a balance
of $301,616 before this request was made.
ATTACHMENTS: Resolution
Bid Opening Report
Proposal: Recreational Design & Construction
Demand Star Results
Sun -Biz Report — Recreational Design & Construction
3
CITY OF SOUTH MIAMI
i
INVITATION TO QUOTE
South 0� 1iami ITQ9 PR201S-10
LUMP SUM PROPOSAL
SUBMITTED TO: City Clerk
NAME:
Maria Menendez, CIVIC
ADDRESS:
6130 Sunset Drive
CITY/STATE:
Miami, Florida 33143
PHONE:
305.563-6339
MANDATORY PRE -QUOTE MEETING: None
UOTE SUOM SSION REQUIREMENTS:
PROJECT: Pop -Up Lane Line Anchors
ADDRESS:
6701 SIM 58 Place
CITY/STATE:
South Miami, FI 33143
ISSUE DATE:
115/17/2018
E-MAIL:
sl:ullCkC�southmiamiiLEov.
DUE DATE:
June 1,2018 at 10:00 AM
Quoressubmitted after MAIM on the due date will ndt be accepted unless otherwise Specified in the quote document
of a time change, All quotes Will be submitted to the City Clerks Office in a sealed envelope. The label on the on the
envelope needs to read as follows:
City of South Miami
Maria M. Menendez, CMC
6130 Sunset Drive
South Miami, FI. 33143
Project Name: Pop-up Lane Line Anchors IT # P11201a-10
Must input project name, If label does not have all information above your quote will not be accepted,
RtlSURANCE REQUIREMENTS :
The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional Insured.
AFFIDAVITS REQUIRED WITH SUBMITTAL:IExhibIt 21
Respondents must Complete and submit with your quote affidavits provided in Exhibit 2.
SIGNED CONTRACT DOCUMENTS WITH SUBMITTAL Exhibit 3, Attachment A. a & C1
QUESTIONS:
Any Requests for additional information or questions must be in writing, emailed by 10 AM local time on to the June 1,2018
attention of Mr -Steven Kulick, Purchasing Manager at skulitk@southmiamifl.gov.
SCOPE OF WORK DESCRIPTION rM BE COMPLETED BY g TYI•
REFER TO "SCOPE OF SERVICES," COPY ATTACHED
Bids Will onty W accepted that include quotations d4TitTg regular working hours.
DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: (REFERTO "SCOPE OF SERVICES", COPY ATTACHED):
Item Number
Item Description
Unit
Qty
Lump Sum Amount
LUMP SUM PROPOSAL
J �' �td✓C
ts1�
, unuacwr snau rumisn an mirEenats and equipment necessary to secure completion of the Work. Contractor shall be -
compensated according to the quote submitted. Contractor is responsible to secure alt permits and should be reflected
in the lump Sum quote. Contractor may ose tosubmita quote on company letterhead but must be attached to this form.
Questions must besu6mitted in writi a {led by 10 AM tool time on May 23, 2018 to the attention of Steven Kulick,
Purchasing ManaRerat skulkk 94a uAmii mifi.aov.
OEADUFE TO SUBMIT IS June 1, 201E AT 10 AM
Printrrype Name: Phone;
Signature: Date:
E-mail: F_;
Firm Name: (r(�m _ t,� rti , F.E.I.N. No.: - M1
Address: �iG n I ri, -1 1..,d . IN(, rl I jr , niy c. ro• -r�r ■,
THE EXECUTION OF THIS FORM CONSNn/TES THE UNEQUIVOCAL OFFER OF PnOPOSERM BE BOUN1,dY THE . EnM5 OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION W HERE INDICAT=_0 ABOVE BY AN
AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROP05AL NON -RESPONSIVE. THE CITYMAY,HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUM ENT WHICH
UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF IT5 OFFER, THE C1T'Y S REQUEST FOR QUOTES 15 FOn THE LOWEST AND MOST RESPONSIVE PRICE. THE Cr Y RESERVES THE RIGHT TO AWARD T14E
PROJECTTO THE FIRM CONSIDERED THE BEST TO SERVE THE Cm-S INTEREST.
THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TO THE PERSON WITH THE LOWEST, MOST RESPONSIVE, RESPONSIBLE PROPOSAL, A; UETE .MINED BY THE CITY TO WAIVE ANY IRREGULARITY IN THE
PROPOSALS OR SOLIC TATION PRO CEDURE AND SUBJECT AL50 TO THE RIGHT OF THE OTYTO AWARD THE FP.OIECT, AND EXECUTE A CONTRACT WITH A RESPO NO ENT OR RESFONOENT5, OTHER TH AN TO THE
ONE WHO PROVIDED THE LOWEST PROSAL OR PRICE OR. Rnil SCOPE OF WORT: IS DIVIDED INTO DISS TNI7SURDIVGIOiS, TOAW'4110 FACII SUBDIVISION TO A SEPARATE P.ESPONDET[T,
RESPONDENT ACCEPTS ALL OF THE TERMS AND CD NDETIONS OF THC S011CITATION ANO QUOTE SUIRMISS10N REQU;REMENTS. THIS PR 0 POSAt W ILL REMAJ N SUBJECT TO AC=Ad'JCE FOR I £ 0 CALENDAR DAPS
AFTER TILE PROPOSAL OPENING. THE RESPONDENT, RY S IGNING AND SUDMrmNG THIS PROPOSAL, AGREES TO ALL THE TERMS AND CONOITION5 OF THE FORM CONTRACTTHAT 15 APART Or TTIC SOLICITATION
PACKAGE W nH APPROPIATEE CHANGES TO CONFORM TO THE INFORMATION CONTAINED IN TH 15 INVITATION' TO QUOTE
EXHIBIT 2
INVITATION TO QUOTE
AFFIDAVITS AND FORMS
SUBMISSION REQUIREMENTS
This listing 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 ITQ. The
response shall include the following items:
I. Non -Collusion Affidavit
2. Public Entity Crimes and Conflicts of Interest
3. Drug Free Workplace
4. Acknowledgement of Conformance with OSHA Standards
5. Related Party Transaction Verification Form ✓
6. Presentation Team Declaration/Affidavit of Representation's
7. Signed Contract Document (All- including General Con itions and
Supplementary Conditions if attached. EXHIBIT 3
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADEE )
l�
being first duly sworn, deposes and states that: (1) He/SherFhey is/are the nwrey Prrep-&A+
(Owner, Partner, Officer, Representative or Agent) of
9==n 11 lr� the Respondent that has submitted the
attached Proposal;
(2) HeIShelThey islare Fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal:
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived
or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly, sought by agreement or collusion, or communication, or conference with any
Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against (Recipient), or any person interested in the proposed
Work,
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
Signed, sealed and delivered in the presence of:
r
*Nae
Wi e s Witness e
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of , 20IS, before me, the undersigned Notary Public of the State
of Florida. personWly app red (Name(s) of individual(s) who appeared before
notary) i and whose name(s) is!are Subscribed to the
within instrument, and he/she/they acknowledge that he/shelthey executed it.
Thomas F. Pepe
02-23- 15
iS
7
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
" `yDiR LEY N. VA RGAS
itil' i UAIMSSSIO`4 = Got 17d8
an:Pfitf.5:luly i3.3418
Thomas F. Pepe
02-23-15 16
Notary Pu it. of FI1ida
(Name/of Nora Public; Print, Stamp or e as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
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-contracror, 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 STATUTE , 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.
This sworn statement is
[print namd of the public entity]
by It L. r
Eprint individual's name and title]
for
[print name of entity s—ubmitVng sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is(If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes.
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to , any bid, proposal or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), flgrLdA
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or
nolo contendere.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statute means:
(a) A predecessor- or successor of a person convicted of a public entity crime, or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholder, employees, members, and agents who are active in
Thomas F. Pepc
02-23-15
1?
E
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Stature& 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.]
--Z 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 l 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 T FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. .,
Sworn to and subscribed before me this J.51- day,
Personally known
OR Produced identification
(Type of identification)
Form PUR 7068 (Rev.06/ 1 1 /92)
V
Thomas F. Pepe
02-23-15 is
[Signature]
J
20i 'J-.
Notary Public — State of V I
My commission expires 2.Ji
(Printed, typed or stamped co issioned
name of no ty public ? —
VARt AS
Y CNIflMiSSION i; i i65
E?>PR�S: Oily 1=.?479
10
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 (1).
4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) business days
after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to co. 'nue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the s�xe i certify that this firm complies fully with the above requirements.
�� f
RESPONDENTs Signature:
Print Name:
Date:
Thomas F. Pepe
02-23-15
19
f
11
Z ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
�� W-
We, ft4i�',�howl D�5 ( S"n 4(`17t'�S�}'�Iry ame of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the —Manor Lane Traffic Calming Project as specified have the sole responsibility for
compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and
local safety and health regulations, and agree to indemnify and hold harmiess the City of South Miami and TY
Lin International (Consultant) against any and all liability, claims, damages, losses and expenses they may incur
due to the failure of (Sub -contractor's names):
to comply wit3y4uch act or regulation.
s
r
Na`/m'e4 y
Title
Thomas F. Pepe
02-23-15 20
? 4 et- (s� I` --e- c', ci-
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is responding to the City's solicitation, hereinafter referredto 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:
hr.tp://www.dms-Moi-ida.co.ni/business operations! tS „t+urch s ve tier in€ on co victed sus
ended discriminate complaints vendor lists
I DECLARATION UNDER PENALTY OF PERJURY
jlAd LU I (hereinafter referred to as the "Declarant") state, under penalty of perjury,
that the following statements are true and correct:
(1) 1 represent the Respondent whose name is 9��_
(2) I have the following relationship with the Respondent(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) 1 have reviewed the Florida Department of Management Services website at the following URL address:
http:/lwww.dms.myflorida.com/business_operations/state_purchasingjvendor_i nformation/convicted_suspen ded_di
scriminatory_complaints vendor lists
(4) 1 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 N1
ACKNOWLEE
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE )
On this the 9r day of 20_[-S_, before me, the undersigned authority, personally
appeared who is personally know to me or who provided the
following identification and who took an oath or affirnied that�a2-k she/they executed the
foregoing Affidavit as the Declarant. C ',
WITNESS my hand and official seal. --
Notary Publie;- r e-of-lohda
NOTARY PUBLIC: ,
S I i� L �-►
]Ili,N. �;ILisG l5 (Name of No ry Public: Print
MY rr] INCSSMV r 47s+176% Stamp or type as commissioned_)
caMutes; A& 15.2020 13
Thomas F. Pepe tirtr�rwrLti+v�r�v�ry V+
02-23-IS
21
RELATED PARTY TRANSACTION VERIFICATION FORM
individually and on behalf of jj=-hF, l5ja jrj t[�Yi J iCI}'I 1, IX.
("Firm")ha a Name of Representative CompanyNendorlEntity read the City of South Miami ("City")?Code of Ethics,
Section 8A-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief.
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-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 signatc ry s personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_(use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names. of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5) 1 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) 1 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
14
Thomas F. Pepe
02-23-15 22
follows: (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X.lPurchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
—tif 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
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must (if
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Oilier 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) 1 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 fi . e and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by th iami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent eff o investigate the matters to which I am attesting hereinabove and that the statements
made hereinabovue and correct to the best of my knowledge, information and belief.
Signature:���
Date:
15
Thomas F. Pepe
02-23-15
Sec. BA -I. - Conflict of interest and code of ethics ordinance.
(a) Designation.
This serr_ion 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) Deftnibons. For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city cleric, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
m 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 RFR a statement of qualifications in response
to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
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.
16
Thomas F. Pepe
02-23-15 24
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships
or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on
or participate in any way in the matter.
(E) Gifts.
(i)Defrnidon. 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)Exceptfons. The provisions of paragraph (e)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or clvic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of flans doing business with the city.
Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited
No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit
17
Thomas F. Pepe
02-23-15 25
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I -I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public The city
manager may require monthly reports from individual employees or groups of employees for good cause. .
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public Interest
(1) Certain appearances and payment prohibited.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
Thomas F. Pepe
02-23-IS 26
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after cityservice.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(1) through (6)) In connection with any judicial or other proceeding, application, RFR RFQ, bid, request for -
ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two-year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
50 1(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance From which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described In paragraph (p)(1) in
which the city or one of its agencies is a party or has any direct and substantial interest: and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or empioyment 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 "indirecdy" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6-994680, § 2, 3-2-99)
Editor's note- Ord. No. 6-99-1680, § I, adopted 3-2-99, repealed §§ SA -I and BA-2 in their entirety and replaced
them with new §§
8A-I and BA-2- Former §§ 8A-I and 8A-2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634. §§ I (I A- 1), 1 (1 A-2) adopted Jan.11, 1969.
Thomas F. Pepe
02-23-IS
END OF SECTION
27
19
PRESENTATION TEAM
DECLARATIONIAFFIDVAIT 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 c G. akes the following
declaration under penalty of perjury: M
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.
NAME
TITLE
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 telpw
Kecut ! day of Jurr. 20 ($
1
- - J
i e of Representative
rinY Fame and Title Print name of entity being represented
END OF SECTfON
ce
Thomas F. Pepc
02-23-15 28
RI
w
4
Rl
A�
Ey WRIT 3
CONSTRUCTION CONTI�r'_CT
Pop -Up Lane Line Anchors
ITQ #PR2018-10
THIS CONTRACT was made and entered into on this .S� day of t � i .j '� � 70_ff(I
by and between�_211 '�'�#f (' rf j l{' i ; p (� (hereafter referred to as
"Contractor"), and the City of South Kjaml (hereafter referred to as "Owner"), through its City Manager (hereafter
referred to as "City").
WITNESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
1. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and
any other items necessary to perform all of the work shown on and described in the Contract Documents
and shall do everything required by this Contract and the other Contract Documents 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 "Bid Documents") and any documents to which those documents refer which are used by
the Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein.
3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to
additions and deductions as provided in the Contract Documents and any properly approved, written
range ord Fs, in lawful money of the United States, the Lump Sum amount of:
F pf
�� ,r_ f �' �a,r 7i�1 .�n�;,.i-:-_ •; .•-� rv„ �,�> Dollars
(SpeIIDollarAmountabove) ("Contract Price"). I
5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be
included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work
be performed after regular working hours. In such event, the Respondent shall have no right to additional
compensation for such work. However, nothing contained herein shall authorize work on days and during
hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by
the City.
6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other
costs incurred by the Contractor in connection with the construction of the Work have been paid in full,
and after compliance with the terms for payment provided for in the Contract Documents, final payment on
account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor
of all Work covered by this Contract d the acceptance of such Work by the Owner.
8. The Work shall be cone feted im-30working days. In the event that the Contractor shall fail to complete
the Work within the time limit 'pulated in the Contract Documents, or the extended time limit agreed
upon, in accordance with the p ocedure as more particularly set forth in the Contract Documents, liquidated
damages shall be paid by the Lntractor at the rate of $400.00 dollars per ft& plu 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 die parties hereto that ifa Payment andlor Performance Bond ("Bond")
is required and if, at any time after the execution of this Contract and the Bond for its faithful performance
and payment, the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for
any reason such bond ceases to be adequate to cover the performance of the Work or payment to
subcontractors and suppliers, the Contractor shall, at its expense within five (5) business days after the
receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and
with such Surety or Sureties as shall be satisfactory to the City. In such event, no further payment to the
Contractor shall be deemed to be due under this Contract until such new or additional security for the
faithful performance of the Work is furnished in the manner and in the form satisfactory to the City.
10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of
the work, by appropriate action by the City and in accordance with the Contract Documents.
11. The date that this contract was "made and entered into" and its effective date is the date that the contract is the
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 approving the Contract whichever is the later date.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set
forth next to their name below and may be signed in one or more counterparts, each of which shall, without proof
or accounting for the other counterpart, be deemed an original Contract
alFG ? l
CONTRACTOR: 11}•`��Y#%.) {;,i
Signature: /
Print S/at 's me: la��`^
Title of - rgnatory:
ATTESTED: OWNER: CITY OF SO[!TW-M[AMI
Signature: f
�' ` _ Signature: �---"�
--Maria'Menendez,: '.f.;.if ;r._C'- i 'j, StevenAlexander
City Clerk J + City Manager
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
77�
Signature:
City Attorney
EXHI BOT 3
ATTACHMENT B
CONSTRUCTOON CONTRACT
GENERAL, CONDBTQONS
Demolition Services
ITQ #BD2017-06
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 specfidly 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 specificalfy 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 k or their use in the Contract Document in question, is/are
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of time terrths
AddendFg Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Spec+fi=dons, by addition, deletions, clarifications or correction.
W s dt )ffi r_A form approved by the CONSULTANT, if any, or the City 6 ia� which is to be used
by the CONTRACTOR in requesting progress payments.
Bid. offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other
terms for the Work to be performed.
�� Any person, firm or corporation submitting a response to the Owners solicitation for propels or bids
for Work.
Bid Documents The solicitation for bids or proposals and all documents that make up the sofiicimtion including
the instructions, form of documents and affidavits.
Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of Florida.
rr� A written order to the CON i KACi OR signed by the City !fir authoraing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract.
Vork _Order Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Woric provided by the City to the CONTRACTOR. The proposal includes line item
pricing where there are multiple locations, and the timeframe for completing the work
CITY- The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, unless the content
wherein the word is used should more appropriately mean the City of South Miami.
ConstruCofln Obs rer An authoriaed'representatrve of the CONSULTANT, if any, or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this represerr bve—
Co ct Docu : The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all Bid Documents including but not limited to the solicitation for Bid CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award. the Notice to Proceed the
General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the
Contract, Change Orders, Construction Change Directives and any wfteh 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.
Co r The number of calendar days stated in the Contract for the completion of the Work
Contracting Offiwr, The individual who is authorized to sign the contract documents on behalf of the OWNER.
COMERACTO& The person, firm or corporation with whom the OWNER has executed the Contract
CONSULTANT.- The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
CITY's designated representative as identified in the Supplementary Conditions.
D- z A period of twenty-four hours measured from the beginning of the day at 12:01 arTL and it shall be presumed
to be a calendar day unless specifically designated as a business day.
: The number of twenty-four (24) hour periods following the event to which the word "days" refers
commencing at I7-01 ern. at the start of the next day. 'iher-efom in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act. event or default from which the designated period of time
begins to run snail not be induded. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which eat the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
P_2&Qt alit Work that is unsatisfactory. faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documenm or has been damaged prior to the CONSULTANT'S recommendation of
final payment (unless responsibility for the protection thereof has been dv4egated to the Owner): substitutions that
are not ply approved and authorized, any deficiency in the Work, materials and equipment; materials and
equipment furnished under the Contract &at are not good quality and new unless otherwise required or
permitted by the Contract Documem.
1 The drawhrtp vrhich show the character and Shope of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if none. then by an architect or engineer hired by the City and
are ml&red to in the Cono—act Documents,
Reid Ord A ►fin order issued by the CONSULTANT which clarifies or inwprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 102-
Modiirrion- (a) A written amendment of the Conerate Documents signed by both parries, (is) a Change Order
signed by both parties, (c) a w 6men clarification or interpretation if issued by the CONSULTANT in accordance
With Pw graph 93 or (d) a wrktan order for minor dmnp or alteration in the Work issued by the
CONSULTANT pursuam to Par�aph 102. A modification may only be issued after execution of the Contract, it
roust be in wring and signed by the party again whom the modification is sought to be enforced.
N9 rrnim Work merits work that does not conform to the Contract Documents -and includes work that is
uruadsfactory, faulty. or deficient or that does not meet the requirements of any applicable inspection. reference
standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or
work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by Cliff).
Notice Qf Avrard: The writes notice by CITY to the apparent successful Bidder stating that upon compliance with
the conditions precedent to be fulfilled by it within the time specified. CITY wig execute and deliver the Contract
to hi rrh_
Notice to Proceed: A written notice men by CiTY to CONTRACTOR (with copy to CONSULTANT) foing the
date on which the Contract Three shall commence to run and on which CONTRACTOR shall start to perform its
obligations under the Contract Documents.
RersoiZ: s'4n individual or legal entity.
Pro el The entire construction operation being performed as delineated in the Conuma Documents.
Pp W_ The tenth "policy" as used in the Contract Documents shall mean the insurance binder, if it is issued, the
dedaradon page of the policy and the body of the policy, including all endorsements.
Rom-. Request for Proposal -
This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Work unless the context in which the phase is used dearly means otherwise
MOR 13Dawii= All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment,
material or some portion of the worts and as required by the Contract Documents.
Sa jnpL_& Physical examples which illustrate materials, equipment or worlanhanship and establish standards by which
the Work will be judged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor_. An individual, firm or corporation having a direst contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Completion; The date, as certified by the CONSULTANT, when die construction of the Project or a
certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or
a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date
when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an item, but who does not perform labor at the site of the Work.
Sure . The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion
of the Contract
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or
corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing, any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
ARTICLE 2 — PRELIMINARY MATTERS
Award:
2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the
CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY,
which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the
time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work. in analyzing a Bid, the CITY may
also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Execution of Contract
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of
Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated
supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that
requires the signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document
2.3 Wit�i nten (10) calendar days of being notified a ' rd, CONTRACTOR shall furnish a Performance
Bond andd J'J?a ment Bond containin a provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bo be r mount of one hundred percent (100%) of the Contract Price
paranteeing to OWNER the trip on and performance of the Wor I: covered in such ContraC
-_4 Ji." l r.
I
i ,.
well as full payment of all suppliers, material man, laborers, or Subco�r4ctor employed pursuant
to,G is Project Each Bond shall be with a Surety company whose rF(a 'rfrcations meet the
requirern nts of Sec`dons 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond s continue in effect for five years after fi cow repletion and acceptance of the Work
with the liability etIuai to one hundredercent 1 0) of the Contract Sum
.
m.
2.3.3 Pursuant to the re ui ents of Section 25 ;0 (1), Florida Statutes, CONTRACTOR shall ensure
q
that the Bond(s) reference ve sVi- a recorded in the public records of Miami -Dade County
and provide CITY with evidence�sure
cording.
2.3.4 Each Bond must be executed, ympany authorized to do business in the State of Florida
as a surety, having a res nt agent in the Stat Florida and having been in business with a record
of successful Conti ous operation for least five ) years.
2.3.5 The surety co any shall hold a current certificate of authority as acceptable surety on federal
bonds in a ordance with the United States Department of Tr si=Circular 570, current
revisits.
2.3.6 pL,crry shall only be required to accept a surety bond from a company a rating A. VII or
better.
7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the r_, l4 'r d
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award an
e declare the Bid and any security therefore forfeited.
Contractor's Pre -Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
requirements of the Conti -act Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data with
the requirements of the Contract Documents.
Commencement of Conrract Time,
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Srargng the Proiec :
2.6 CONTRACTOR shall star-,. to Perform its obligations ender the ContracL Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article 1). prior to
the date on which the Contract Time commences to run, except with the written consent of the CITY.
Before Staxting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither the OWNER nor the CONSULTANT shall be liable for any
harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error,
or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitled to any
compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error,
or discrepancy in the Contract Documents.
Schedule of Comeletion-
2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule
indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions
thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR
involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided in the Special Conditions.
2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work at the site, a pre -construction conference shall be held to review the above
schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment, and to establish a worldng 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
OtWifirations of Subcontractors. Material men and_SunDliers.
110 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and such other persons and organizations (including those who are to furnish principal items of materials
or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and
other persons and organbations must be submitted as specified in the Contract Document. Within
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing I either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person,
or organhation on such list. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person, or organization on the fist 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 os pnbEadon 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 conkiernance with the requirement of the Contract Document.
2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization the , i s srt low Mdrder may. prior to Notice of k rz:
submit an acceptable substitute without an increase in its bid price
2.12 The apparent silence of the Contract Document 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
Ti' CLIE 1=CGRRELWY11QK, FfrIERPRET&MON AND ONTIEUT OF =KTRA 7. is
3.1 It is the intent of the Sps--ificadons and Drawings to describe a comps Pr-o',= 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 1.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it
shall, before proceeding with the Work affected thereby, irnrnediat* call it to the CONSULTANTS
attention in writing. The various Contract Documents are complementary; in case of conflict, error or
discraRncy, 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 instar, "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".
3A Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and property 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, doss,
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.
35 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best w on nwihip 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 consUwdon of habitable structures under this
Contract rain proof, and for malting equipment. and utility installations properly perform the specified
function_ if the CONTRACTOR is prevented from complying with this provision due to the Drar ings or
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in w►rtdng of such
limitations before proceeding with construcvon 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 accep€able. 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, Fkxida Building Code, Federal Specifications,
ASTM Specifications, various Institute specifications, and the like. It shall be understood that such
reference Is to the sagest edition including addenda in effect on the date of the Bid.
3.8 &-and names where used in the technical specifications, are intended to denote the 5m ndard or quality
required for the particular material or produce•. The term 'equal' or'equlvaleW. when used in
connecdoo with brand names, shall be interpreted to mean a rrraterial or product that is similar and egLd
In type, quality, size, capacity, aorrrposidon, finish, color and other applicable characteristics to the rraamftl
or product specified by trade name, and that Is suitable for the same use capable of performing the 5m,-
function, in the opinion of the CONSULTANT, as the material or product so specified_ Proposed
equiralerit Items must ba approved by CONSULTANT before they are purchased or incorporated in the
Wotft (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 areemem the male pronoun may be substituted for ferrule and neuter and vice versa
and the singular words sum for plural and plua words subsftmd for singular wherever
applicable.
3.10 All technical interpretations shall ire rrede by the CONSULTANT asset forth in Section 93 below.
3.11 The COFACTOR shall have advised the CONSULTANT, prior to perforaft any work involving a
conflict in the Contract Docummm acid the COMULTANT shall make the final derision as to which of
the docaumerits shall take precedence. In the event that there Is a conflict between or among the
Contract Documents, only the lawst version shall apply and the later¢ version of the Contract
Documents_ The CONSULTANT shall use the following list of Contract Documents as a guide. These
documents are set farts: below in the order of their precedence so that all the documera:s listed above a
given document should have precedence over all the documents listed below it
(a) Change Orders
(b) Amendmentsladdenda to Contrast
(c) Suppleimentary Conditions, if any
(d) C 1tr2ct with all Exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
(9) Scaled dimensions
(h) Drawings of a larger scale
(1) Drawings of a smaller scale
0) Drawings and Specifications are to be considered complementary to each other
�i!'fC� � m 1 ®>! � � illy •� C liO�&� fi: �
&ailabIlityof ds:
4.1 The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to
be done, rights -of -may For access thereto, and such otter lands which are designed for the use of the
CONTRACTOR, l:asernents for permanent structures or permanent Changes in eadsting facilities will be
obtained and paid for by the OWNER unless otherwise specified in the Contract Documents. Other
access to such lands or rights vAmy for the CONTRACTOR'S convenience shall be the responsibility of
the CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment
41 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests at no cost
Subsudace 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 sim
as well as from information presented by the Drawings and Specifications made part of this Contract, or
any odrer 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 nude by the CONFRI ,CE OR on the basis of the information made
available by the OWNER/ CONSULTANT.
l7g 5see Conditions:
4A The CONTRACTOR shall within forty-eight (48) hours of its discovery. and before such conditions 2.re
disturbed, notify the CITY in writing, of
4.4.1 Subsurface or latent physical conditions at the site differing n-aterWly from those indicated in the
Contract Documerhts. and
4.41 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract The CITY shall promptly invempte the conditions, and if it finds that such conditions
do materially differ to the extent as to muse an increase or decrease in the CON TRACTORM cost
oi; or the time required for, performance of any part of the Work under this Contract; an
equitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided however, the time prescribed therefore may be extended by
the CITY, but only if done in writing signed by the City Manager or the CONSULTANT.
A� a Q - 5 = �P�!5URANCE_Contractor shall comply with the insurance requirements set forth in the
Suppleahentary Conditions to the Contract
CLE4` u 5�
Supervision and Superintendence;
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
maintain.a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shad be designated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the time required by the Contract, as the CONTRACTOR'S represemative at the
site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and
all communications giveri to the Supervisor shall be as binding as if given to the CONTRACTOR The
Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work (Copies of written communications given to the Supervisor shall be mailed to
the CONTRACTORS home office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
all changes made during the construction process. These shall be available to the CONSULTANT
and any CITY Representative at all reasonable times. A set of "As-Bullt" drawings, as well as the
original Specifications, Drawings, Addenda. Modifications and Shop Drawings with annotations,
shall be made available to the City at all times and it shall be delivered to the CITY upon
completion of the Project.
later. Pia t:
6.2 The CONTRACTOR shall provide competent, suitabh/ qualified personnel to lay out the Wont and
perform construction as required by the Contract documents, It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and
all other facilities and in-cidentals necessary for the execution, testing, initial operation and completion of
the Work
6A All materials and equipment shall be new, except as othi"Ase provided in the Contract
Documenm When special makes or grades of mawrW which are normally padmged by she supplier or
manufacturer are specified or approved, such materials shall be delivered to the site in their original
padmges or containers with seals unbroken and labels intact
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and eondidoned
in accordance with the instructions of the applicable manufacturer. fabricator, or processors, except as
otherwise provided in the Contract Documents.
workmawrials,� _rrtes�t Prodlu�ts and
6.6 Phterials, equipment and products incorporated in the Work must be approved for use heft being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may he necessary for them to
determine their acceptability and obtain their approval, within ninety (40) calendar drys after award of
'Contract unless odier%!-% stipulated in the Special Conditions, No request for paymem for 'or equal'
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6.1 Whenever a mau!H4 article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is reed for
the purpose of defining the performance or other sakint requirements and that other products of
equal capacities, quality and function shall be considered The CONTRACTOR may recommend
the subsdwtkm of a material, article, or piece of equipment of equal substance and fimcdon for
those referred to in the Comeract Documents by reference to brand name or catalog number, and
K. in the opinion of the CONSULTANT, such rnaeeaiaL article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to acconyncK ate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Tlme.
6.61 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of ouaiiry.
6.6.3 [delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform to requirements of the
Drawings and Specifications car become damaged during the progress of the Work such Work or
materials shall be removed and replaced, tov�thw with any Work disarranged by such alterations,
at any time before completion and acceptance of the Project. All such Work shall be done at the
expense of the CONTRACTOR.
6.65 No materials or supplies for the Wonk shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller, The CONTRACTOR warrants that they have good
stifle to all materials and supplies used by them in the Work.
6.6.6 Non -conforming Work The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements or conform to the
plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within five (5) business days by the CONTRACTOR at his own expense and redelivened and/or
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as abandoned and the CITY shall have the right to dispose of them as its own property
and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind
for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in
the CONTRACTOR being found in default
6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or
services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or Incurred thereby.
6.6.8 The CITY reserves the right, in the event the CONTRACTOR cannot provide an items) or
service(s) in a timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract
Concern inp_&untr mce�rs
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTA.NT
determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed by them. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONrrP.ACTO R, nor shall it create any obligation on the part
of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or
organ®tion, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any
Shoo r or other parson or o,rpniaatton, to the a oene practicable, evidence of �maunts paid to
the CONTRACTOR on account of specified Work done in accordance with the schedule values.
6.9 The divisions and sections of the Specifications and the idend icar ons of any Drawings gall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work perfumed 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 Wont performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
went 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.
6.111 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts rehtivv
to the Work to bind Subcontractors to the CONTRACTOR by the perms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT. any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR
if and when directed by the CONSULTANT in writing.
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 empk)yees for the performance of Work
that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex,
age, sexual orientation; familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
Patent Fees and es:
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 or indirectly
ernployed by either of them frorn against all claims, damages, losses and expenses (including attor-ney.'s
fees) arising out of any infringement of such rights during or after the compledon of the Work, and shall
defend all such Bairns in connection with any alleged Infringement of such rights.
6.14 The COWRACTOR 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.
6-IS The CONTRACTOR shall secure and pay for all construction penydm and licenses and shall pay for all
governmental charges and inspection flees 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 staff in the Special Conditions, there will be no dtarges to the CONTRACTOR- The CITY shall assist the
CONMCTOK when necessary. in obtaining such permits and licenses. The CONTRACTOR shall also
Pay all public utility charges.
6.16 Electrical Power required during cOnsvucdon steal€ be provided by each prime required by IL This seralce shall be instilled Ivy a quariifled electrical Contractor approved
dbythas
CONSULTANT, Lighting shall be Provided by the CONTRACTOR in all � 'te
n'��'y for good and r r at all times where
used Offnecessary
a Proper wOrkmansirip. for inspection or for safety. No temporary Power shall he
eerrrl o y fighting Imes stout specific approval of the COKM�ACTOR.
uw-MiAM&M&
6.I7 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applies to
the Work If tfre CONTRACTOR observes filet the 5pecffiardosts or Drawn
it shall givethe COf�SflLTA1�TT � are at variance tlnenharFclt,
Prompt written notice thereof, and any necessary changes shall be
adjusted by an apt modification. if the CONTRACTOR perfon rm any Work knowing It to be
corms 3' to such larm otvtlinances, rules and reguladons, and wtdmut such notice to the CONSULTANT,
it shall bear all costs arising there from; homer, it shall not be its ftrin•tary responsibriity to crake certain
tl at the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulation&
Obi_ on:
6.17A No action "I be taken by the Contractor with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate
against any person on tfve basis of race, coior, cre--,d, re igion, national origin, se3e. age sau al or'ienration,
t`attrrlial status or disability.
imkL
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under
the Contract shall be included In the Contract price stated by the COTNTRACTOR.
and proterti
6.19 The CONTRACTOR shall be responsible for initiating, rmaintaining and supervising all safety precWtIons
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6.19,1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or
off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavenvertts
roadwra)m structures and utilities not designamd for removal, relocation or replacement in the
course of construction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTORS Superintendent unless
Otherwise designated in writing by the CONTRACTOR to the CM(.
Errsnrxraes
621 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is
obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control entities him to an increase in the Contract
Price or an extension of the Contract Time, he may make a claim therefore as provided In Articles I I and
12
Shop Drawingi and 55ampies:
6.22 After cheddng and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, sox
(6) copies (or at the CONSUL FArFt option, one reproducible copy) of all Shop Drawings, which shall
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
shall be connp -e with rzzn= to dimensions, design criteria, materials of construction and the lice to
enable the CONSULTANT to review the Information without any unnecessary invemption.
y 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 i w4arial, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
devhdions ba wwn the Shop DravAngs or s rnp4es and the requiremaus of the Contract Documerrts.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not Indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shad 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 CONSULT'ANF, in writing, of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re -submission. The CONTRACTOR5 stamp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined andlor verified all quantities, dimension,
field construction criteria, materials. catalog numbers and similar data or they assume full responsibility
for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements of the Woric and the Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each
approved sample shall be kept in good order, in a book or binder. in chronological order or in such other
order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available
to the CONSULTANT.
6.27 The CONSULTANTS review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writirhg, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
C ea i '
618 The CONTRACTOR shall dean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work. and before acceptance of final payment for the project by the
OWNER. the CONTRACTOR shall remove all his surplus and discarded materials, excavated nu terial
and rubbish as well as all other material and equipment drat does not form a part of the Work, from the
property, roadways, sidevralks, parking areas, fawn and all adjacent property. In addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Worts so as to
leave the whole Work and Work Site in a neat and presentable condition.
6.29 If the CONTRACTOR does not dean the Work site, the CITY may dean the Work Site of the materials
referred to in paragraph 618 and charge the cost to the CONTRACTOR.
Public Comdw�ie�ra��
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience off the general public and of the residents along
and adjacent to the area of Work shall be provided ' br in a satisfactory manner-. consistent with the
operation and local conditions. "Street Closed" sighs shall be placed immediately adjacent to the Work in
a conspiaxws position, at such locations as traffic demands. At any time that streets are required to be
dosed, the CONTRACTOR shall notify lave enforcement agencies and in particular. the City of South
Mind Police Depamrhem before the street is dosed and again as soon as it is opmed. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
santg�Il=
6.31 The CONTRACTOR shall provide on -site office, and necemary toilet facilities, secluded from public
observation, for use of all personnel on the Work Sine, whether or not in his emplay. They shall be kept
in a dean and sanitary condition and shall comply vAi h t$he requirer-a= and replarions of the Public
Authorities having jurisdiction. They shall commk ino public nuisance. Ternary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left dean.
; ridemnificataon-
6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EKNOB1T I of
the Supplerrry Conditions (Insurance and indemnification requirements).
.33 In the event that any action or proceeding is bro:-J)P against OWNER or CONSULT AN' by rea.an of
any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at Cn Y'S option, any and
all claims of liability and all suits and actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those daims that allege that the injuries arose out of the
We naoigancce of OWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the hab lity 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 darrW.
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 dare W caused
in whole or in part by any act, omission, or default of the Contractor, the Contractors subcontractors,
sub -subcontractors, materialmen, or agents of any tier or their respective employees to the extent mused
by the negligence, reddessness, or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contracti.
to sti
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the eodsting
Work, edsdng building or structure or Work previously installed as required by the Drawings and
Specifications to provide a complete installation.
6.36 Excavations, grading, fill. storm drainage, paving and any outer 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 wdl 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 Ins 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.
6.362 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pave
storm drainage structures, and outer items which must be established by governmental
departrnents 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
gQQRKgJjgn with C'-QxffnMgn—W Ile r� blic Util��
6.37 The CONTRACTOR simall be responsible for malvng all necessary arrarmgernents wfth goverrhmefttal
de par rnents, public utilities, public carriers, service companies and corporations (heredreA r rekwred to
as "third parties") owning or controlling roadways, rallways, water, sewer. gas. electrical conduits,
telephone, and telegraph fadfides such as pavemwis, trash, piping, wires, cables, conduits, poles. guys,
etc., including incidental structures connected therewith, that are encountered in the Work in order that
such items are property shored. supported and paratected, Bart their location is identified and to obtain
authority from these third parties for rek don if the CONTRACTOR desires to relocate the it>erm The
CONTRACTOR shall give all proW notices, shall comply with all requirermits of such third parties in
the pei*xmancte of his Work shall petrn* entrance of such third parties on the Project in order that they
may perform their necessary work and shall pay all o and fees made by such third parties for their
work
6.37.1 The CM-P-R lCrOR'S amandon is called to the fact that there may be defa}s. on the Project due
to work to be done by governmental deR--mancz, public udfides, and others in repairing or
moving poles, conduits, etc. The CONTI R C!'OR shall cooperage with the above parties in every
way possible, so that the construction can be completed in the least possible time.
6.372 The CONTRACTOR shag have made itself familiar with all codes, laws, ordinances, and
regulations which In any manner affect those engaged or employed in the Work or mum -Ws and
equipment use in or upon the Worts, 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 Worance
thereof.
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 shag not
unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
Its employees, subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The City will designate specific areas on the site for storage. parking, etc and the job site shall be
fenced to protect the job site and the general public.
6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
facilities.
Protection tneg Faith zX Improvements
6.38 Any existing surface or subsurface Improvements, such as pavements, curbs, sidewalks, pipes or utilises,
footings, or structures (including portions thereofj, trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project Any such improvennerrts damaged during construction of the Ptrnjea shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties M such direct contracts (or the OWNER. If It is performing the addltilonal
Work i reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall property connect and coordinate its Work with theim
7-2. 9 any part of the CONTRACTOR'S Work ids upon proper execution or results of the Work of any
other contractor or the OWNER, the CONTRACTOR shall prmnPdy report to the CONSULTANT in
wring any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOWs
7.3 The CONTRACTOR shall do a!1 cutting, fitting and patching of the Work that may be required to mnite
as several parts cones together property and fit to receive or be received by such other Work The
CONTRACTOR shall not endarger any Work of others by cutting, excavating or odmrv+isn altering their
Work and shall only cut or alter their Work with the written consent of the CONSULTANT arA of the
other c ontsaotnr whose work veil be affected.
7.4 If the performance of additional Worts by other contractors or the OWNER is not noted in the Contract
Docurnents prior to the execution of the Contras wry notice thereof shall be given to the
CONTRACTOR, prior to starting any such additional Work 9f the CONTRACTOR believes that the
performance of such additional Work by the OWNER or others will kaki the CONTRACTOR
additional else or entitles him to an extension of the Contract Tirne, he rrray make a claim therebre
as provided in Articles I I and 12
7.5 Wham practicable, the COMMACTOR shall build around the view-k of other separaze corn tors or
shall leave chases, slots and holes as required to receive and to conceal within the general construction
Worm the work of such other separate contractors as directed by them Where such chases, slots, etc.,
are impracticable, the Work shall require specific approval of the CONSULTANT.
7.6 Necessary chaser, slots, and hales not built or left by the CONTRACTOR shall be cut by the wparv--a
contractor requiring such alterations after- approval of the CONTRACTOR. The CONTRACTOR snail
do a;l patching uW Ilnishinrg of the work of cacher contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of
the Work in order to prevent delay in the execution thereof.
Y.G F ch of several contractors wonting on the Project Site shall keep themes informed of the prove_ss of
the work of other contractors_ Should lack of progress or defective workmanship on the part of outer
contractors interfere wkh the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lads 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
T9 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 CTIY reserves the right in the event the CONTRACTOR cannot provide an itern(s) or service(s) in a
timely manner as requested, to obtain the good andlor services from other sources and deducting the
cost from the Contract price without violating the intent of the Contract.
ii°@ E 8 — CUM RSPONSMof,lO
& I The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
81 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 CTTYS dudes 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 complied
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.
C2GKVWCO
�� Rgprese,�raeiv�
9.1 The CONSULTANT shall be the CrI Y'S representative during the construction period The dudes and
responsibilities and the limitations of authority of the CONSULTANT as the CrI Y'S represermnive during
construction are set forth in Articles I through 16 of these General Conditions and shall not be ameaded
without written consent of the CfTY and the CONSULTANT.
9.1.1 The CONSULTANTS decision, in mamei s relating to aesthetics, shall be final, if within the terms
of the Contract Documerhts.
9.1.2 acepa as may be otherwise provided in this contract, all claims, couriterdaims, disputes and other
mamers in question between the CITY and the CONSULTANT arising out of or relating to this
Conti act or the breach thereof, shall be decided in a court of competent jurisdiction within the
State of F4 i&
!kris to Sites
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 Woric is
proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing
assurance for the OWNER and all applicable regufawry agencies that construction is in compliance with
the Construction Documents and applicable laws, rules and rcgulavon& On the bads of these on ske-
observations as an experienced and qualdied design professional, he shall keep the CITY informed of the
progress of the Work and shall guard the OWNER against defects and ddidendes in the Work of
CONTRACTOR.
C&dEgggoM and Inae tia s•
93 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Decun-w-m (in the form of Drawings or odwrwise) as It may determine necessary, which
shag be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and/or imvpretation, it shall be required to submit a timely claim as provided in
Articles 1 I and 12.
Keasuremerht of apex
9A 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.
Rene -ring Defective Wod�
95 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article 1. It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work the cost of such inspections and/or testing shall be
approved in writing by the CITY. All consequential cost of such Inspections and testing, including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work or the work of others,
the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed shall paid by the CONTRACTOR if the Work is found to be Defective Work
Sho,� wring Chi m Orders and Pa Menm
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see pwsgraphs
6.25 through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, 11. and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article 14.
QzcLsions on -Di
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Usri bons an Comul anes ponsbilit e .
9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees. or any other person performing any of the
Work under or through them.
Mii•Q=.f 10 o CK&KGES W THE WOM
10.1 Wnhout invalidating the Contract, the CITY may, at any time or from time to time, order addivons,
deletions or revisions in or to the Work which shall only be authorized by a written Change
Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work
immlved. All such Work shall be perbrmed under the applicable condMons of the C-Dnvmv-
Documesr£s. If any authors written Change Ord causes an increase or decr--se in the Contract
Nice or an extension or shortening of the Contract Time, an equitable adjustment will be made as
provided in Article I I or Article 12. A written Change Order signer by the CITY and the
CONTRACTOR indicates their one to the terns of the Change Order. All Change Orders sell
be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well
as to any ch,sg2 in the time to complete the Work under the circumstances. The figure to include a
time extension in the Change Order or In the request for a d=W order shall result In a walver of any
ewwtsran of time due to the -hange in the work as reilae d in the Change Order.
10.2 The CONSULTf.!CN7 may authorize minor changes or alterations in the Work not involving extra cost
and not incontistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Held Order would entitles the
CONTRACTOR to an increase in the Contact Price or extension of Contract Time, it must submit a
written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the
Held Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not endde it to an increase in the Contact Price or an extension of the Contact Time, except in
the case of an emergency as provided in paragraph 6.2.2 and except as provided in paragraph 10.2_
10.4 The CITY wi[I execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, to be performed as provided in paragraph 4.4. and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a chan8e in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
105 It is the CONTRACTOR'S responsibility to notify its 5urery of any changes affecting the general Scope of
the Work or change in the Contact Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work The Worst 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.
TIC{L.E Q I — CHANGE OF Cots CI� PRUCE.
11.1 The Contract Price constitutes the totai•compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be at its expense without changing the Contract Price.
11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or .
indicated to be a Change Order, make any change in the Work within the general scope of the Contract,
Including but not limited to changes to or in:
111.1 Specifications (including drawings and designs);
111.2 Method or manner of performance of the Work
11.23 CITY -furnished facilities, equipment, materials, services, or site; or
11.14 Acceleration in the performance of the Work
11.3 Except as provided in this section. or sections referred to in this section, no order, statement, or conduct
of the CITY shad be trued as a CIatW Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the rheng-- in the Work is specifically and expressly provided for in a written
Change Order, or as othervAse provided in another section of the Contraa Documents
11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in
writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with
the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the
COUi"RACTOR'S cost of, or the time required for, the perfomrta€ace of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement an equitable
adjustment based on the cost of the Work shall be made and the Conw= modified accordin*.
11.5 If the COiCTOR Intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULT Ai, it shall, within ten (10) calendar days after rat of a written
Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting
for & the gewe;�d Rawre and mom extent of such claim for equkabie adjustment: time extension
requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to
those listed in section 11.7 and I I A
11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not subu=Bd
in accor&-nce with this section or if asserted after final payment under this Contract
11.7 The value of any Work covered by a CharV Order or of any claim for an increase or dxrease in the
Contract Price shad be determined in one of the following ways:
11.7.1 By nego$med lump sum.
1 I.? 2 On the basis of the reasstanabble cost and mvia g that results from the diarrpp in the Work plus a
mutually agred upon fee to the CONTRACTOR to cover omediead and profit not to exceed
I S%, If the CONTRACTOR &Wees with the CONSULTAPfTs determination of reasonable
costs, the CONTRACT shad provide a fist of all costs together with backup documentation
11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami -Dade
County and shall include only the following items:
11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by CITY
and CONTRACTOR. Payroll coos for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shad be limited to:
salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment; excise and payroll taxes, workers' compensation, health and
retirement benefits, s'rcic leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of perforTning Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
CITY and provided it was not in any way, whether in whole or in part the result of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due in whole or in part to Defective Work of the CONTRACTOR
11.81 Cost of all materials and equipment fumished and incorporated in the Work including costs of
transportation and storage. and manufacturers' field services required in connection
therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and
offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for
items that offer a discount Cash discounts shall accrue to CONTRACTOR unless the
CONTRACTOR fails to timely notify the CITY of the discounts or if the OWNER deposits funds
with CONTRACTOR with which to make payments in which cases the cash discounts shall
accrue to the OWNER All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make
provisions so riser they may be obtained.
11.8.3 iayments 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 deriver 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 Cliff. If a Subcontract pmAdes that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Worm shall be
detarrrrined 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
tether rem from CONTRACTOR or others in accordance with renal agreements
approved by MY with the advice of CONSULTANT, and the costs of transportation, loading
unlmding, installation, dismantling and removal thereof - all in accordance with term of said
rental agrewents. The rectal of any such equipment, machinery or parts shall cease when the
use dmreof is no longer necessary for the Work
11.03 Sa-k--, use or similar taxes related to the Work, and for which COl 1 CTOR is liable, imbed
by any governmental authority.
11.8.6 Ng� and Few for permits and licenses. Costs for permits and licenses must be shown as a
4.eparatre item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
I MS Ninor exposes such as telwams, long distance telephone calls, telephone servke at the site,
e*ressalge and similar petty cash items in connection with the Worst
11.8.9 Cost of prerniums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed Wm percent (2%) of the incTeasee in the Cost of the Work
11.9 The tern Cost of the Work shall NOT include any of the hallowing:
11.9.1 Payroll costs and other compensation of COP•i•TR.ACTOR'S officers, waxxrtives, principals (of
partnership and sole proprietorships), general umnagem engineers, architects, estimators, lawsyem
agents expediters, tip, clerks and other personnel employed by CONTRACTOR
whether at the site or in its principal or a branch office for general administiadon of the Work
and not specifically included In the schedule referred to in Subparagraph I I .S.
11.9.2 Ex}mnses of CONTRACTOR'S prindpal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTORS capital
employed for the Mork and charges against CONTRACTOR for delinquent payrriernm
11.$.4 C= of premiums for atf bonds and for all Insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 11.0).
11.9.5 Costs due to the negligence of CONTRACTOR. any Subcontractor. or anyone directly or
lndirecdy employed by any of there or for whose acts any of them may be liable, Including but not
limited to, the correction of deflective work, disposal of rnateriats or equipment wrongly supplied
and malting good any damage to property.
11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included In Paragraph 11.8.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
I I.10.2 A mutually acceptable fixated percentage (not to exceed 15%).
1 I.11 The anhoune of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
manner as provided in 11.8. When both additions and credits are involved in any one change, the net
shall be computed to include overhead and profit, identified separately, for both additions and a -edit.
provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not
performed.
aRTICLE it l a TOME FOR COMELMOMP LA UPDATED DAMAGES AND CHARGE OF THE
III 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 sped
In the Notice to Proceed and completed within the time specified for completion of the work
12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion
within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR
and the OWNER, that the Contract Time for the completion of the Work described herein is a
reasonable tim taking into consideration the average climatic and economic conditions and other factors
prevailing in the look of the Work No extension of time shall be granted due conditions that the
Contractor knew of or should have known of before bidding on the project or due to inclement weather,
except as provided in section 12.7.
12.3 If the CONTRACTOR shall fad to complete the Work within the Contract Time, or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the OWNER the amount of liquidated
dwr%s as steed in the Contract Documents for each calendar day after the scheduled date for
co€npledon as adjusted by written Change Orders that extended ttre capon date.
12.3.1 These amounts are not penalties but are liquidated damag-as incurred by the OWNER for its
inability to obtain full use of the Projem Liquidates dams, are hereby Posed and ageed upon
between the parties, recognizing the impossibility of predWy awe: rintg the amount of dwmges
that will be sustained as a consequence of such delzy, and both parties desiring to obviate any
question or dish concerning the amount of said darn gm and the cost and effect of the failure
of CONTRACTOR to comply the Contract on time The above liquidated darnagm smell
apply sepnrzs-'� to each phase of the Project for which a time for completion is grvvem
12.3.2 CITY is authorized to deduct the liquidated dams from monies due to CONTRACTOR for the
Work under this Contract
12.4 The Contract Time may ordy be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice def'raered to the CITY and CONSULTANT within
five (5) business days of the oocurre of the event giving rise to the claim and seating the general nature
of the claim including supporting data. All claims for adjustmem in the Contract Time shall be evaluated
and recommended by the CONSULTANT. with final approval by the CrIY'S representative. Any change
in the Contract Time resulting from any such claim shall be incorporated in a whimen Chart/ Order.
12.5 All time limits stated in the Contract Documents are of the essence of the Contract.
12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of
fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such
Drawings. Furthermore, there shall be no monetary compensation for such delay and the
CONTRACTOR's sole remedy shall be an extension of time for the period of delay.
12.7 Extensions to the Contract Time for delays arced by the effects of inclement weather shall not be
gray raced unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather is documented by records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The COieTMCTOR agrees that he shall not have any claim for dainages due to
delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall
be limited to increased cost of materials that were unanticipated and that would not have been incurred
but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an
extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such
resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contras Price or payment or compensation of any kind from OWNER for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to, costs of acceleration or
inedf'idency, overhead or host profits, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
1 ? 9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st
day following the date of the event upon which the claim is based.
12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than
termination for default or convenience, the CONTRACTOR and the city department responsible for the
administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department with the advice of the City Attorney and the
CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the
CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project
ARTICLE 13 - GUARANTEE.
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective
Work for a period of one (1) year from the date of Final Acceptance as indicated in the CONSULTANT
Letter of Recommendation of Acceptance, 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,. T-he-IE�anr= guar-arattend-uac-0Rdisefla3-wa;T-atiey--
,_shall-b�E.xrended- ei�6re (3j y fi orn rJse�iare-ofFirra4-Aeeepmgc-e-as-indirated4a-the-C--e SUt-T-ANT
�
.-.L-e=e -Gfr comrnwtdx[Itin--of`�ceptance-if-issued; the-Gertificate-of-0c�upancy-if-issried-or-the-
« cr I �Ge��+�„�pFecion-ifissued-by-tlm-Ei"hicfieveris-applicable-andif n,orP rhan-oae-is-applieable;
!?e n�A *haeis-issQeris fts� iateri�i3efezti or f The CITY will give notice of observed defects with
reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such
1 Defective Work within ten (10) calendar days after having received written notice of the defect, or should
the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work
continuously and diligently and in accordance with the Contract Documents, applicable law, rules and
regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause
the Defective Work to be removed or corrected and to complete the Work at the CONTRACTOR's
expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond
shall remain in full force and effect through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section 13.1, shall take precedence over Section 13.1.
13.3 CONTRACTOR shall act as agent, on a limited basis for the OWNER, at the CfTY's option, solely for
the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee
and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract
13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet
the specification requirements. Upon written notification of rejection, items shall be removed within five
(5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected
goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the
right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the
good or to compensation of any kind. Rejection for Non -Conforming Work. or failure to meet delivery
schedules may result in the Contract being found in default
ARTICLE 14 - PAYMENTS AND COMPLETION.
Pa menu to Contiractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"purchase order", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stored at or near site,
the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY,
which establishes the OWNER'S title to the material and equipment as well as certificates of insurance
providing coverage for 100% of the value of said material and equipment covering the material and
equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace
at its expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either
certifying in writing its approval of payment and present the partial payment estimate to the OWNER, or
return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing
to approve payment In the latter case, the CONTRACTOR may make the necessary corrections and
resubmit the partial payment estimate. The OWNER, will within thirty (30) calendar days of presentation
to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis
of the approved partial payment estimate. The OWNER shall retain ten (10%) percent of the amount of
each payment until Final Completion and Acceptance of all Work covered by the Contract Documents.
Any interest earned on the retainage shall accrue to the benefit of the OWNER_
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractors Final
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indirectly, which was incorporated into the Work If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR and such person.
Contractor's Warrantyo_f Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by
an Application for Payment whether the Work, material or equipment is incorporated in the Project or
not, shall have passed to the OWNER prior to the making of the Application for Payment, free and clear
of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to
as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14A The CONSULTANTS approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANTs on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, that the Work has progressed to the point indicated in the Application for Payment; that, to the
best his knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as
defined in Article 1, to the results of any subsequent tests called for in the Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount
approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed
to have represented that he made exhaustive or continuous on -site observations to check the quality or
the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and
procedures of construction or that he had made any examination to ascertain how or for what purpose
the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or
that title to any Work, materials, or equipment has passed to the 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 that all materials included in this request for payment and not yet
incorporated into the construction are now on the site or stored at an approved location, and payment
received from the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed work
or supplied materials".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same
amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by
written agreement between them and then a joint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement agreement. otherwise the money shall be
held by the OWNER until a judgment is entered in favor of the CONTRACTOR or the person, in which
case the money shall be paid according with said judgment Nothing contained herein shall indicate an
intent to benefit any third persons who are not signatories to the Contract
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is
unable to make such representations to the OWNER as required this Section 14. It may also refuse to
approve any payment, or is 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,
14.6A the Contract Price has been reduced because of modifications,
14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by the CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance the OWNER, with the approval of the CONSULTANT, may use any completed
or substantially completed portions of the Work provided such use does not interfere with the
CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions
of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the Work, or the restoration of any damaged Work except
such as may he 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 fui f -ip ntiit 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 process of
making payments to your organization going forward, the City will provide the CONTRACTOR with a
credit card account number to keep on file. This card has unique security features, with $0 of available
funds until an invoice is approved for payment. After an invoice has received proper and complete
approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount
iisted 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 Pa meet as Release
14.1 1 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 correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5%
in the case of Final Completion.
14.13 If the CONSULTANT de -certifies any portion of the Work that was certified ('Initial Certification") by
the CONSULTANT, the CONTRACTOR shall repay to the City of South Miami any money paid as a
result of said Initial Certification being issued which shall be paid only when the decertified work is re-
certified.
ARTICLE 15 — SUSPENSION OF `i ORK ARID TERMINATION.
15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of
not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the
CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
I I or Article 12.
City May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its
property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy
or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or
equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any
provision of, the Contract Documents, then the CITY may, without prejudice to any other right or
remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to the OWNER. Such costs incurred by the OWNER shall be determined by the
CONSULTANT and incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section 15.5
15.3 Where the CONTRACTORS services have been so terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter
accrue. Any ruction or payment of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days' written notice to the CONTRACTOR and the CONSULTANT, the CITY
may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the OWNEFL In such cos; the CONTRACTOR shall be paid for all Work
executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or
DefecOve Worft. No payment shall be mzde for profit for Work which has not been performed
I SAA The CITY reserves the right In the event the CONTRACTOR cannot provide an items) or service(s) in a
timely rmnner as requested, to obtain the good and/or services From other sources and deducting the
cost from the Con"ct price widiout violating the intent of the Contract.
155 In the case of termination of this Contract before comptedon for any cause yr, Mtever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment
and supplies from the pr0{mr2Y of the OVMER. Should the CONTRACTOR not remove such
equipment and supplies, the CITY shall have the right to remove them at the eq)ense of the
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not t* liable for loss or damage
to such equipmem or supplies. Equipment and supplies shall not be consvved to include such iv--= for
which the CONTRACTOR has been paid In wWe or in part.
Ckmvactor ar Stop-Wo,
l 5.� If, thnDF,* no ace or faint of to CONTRACTOR, the Work is suspended for a period of mom than
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court
or the CONSULTANT lolls to act on any Application for Payment within thirty (30) calendar days after it
Is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT,
vexhin thirty (30) calendar days of its approval, and gresomption, then the CCINTRACI"OR ma5', up;rn
twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the
Contact The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame If
timely remec ied by the CITY, the Contract shall not be considered terrninawd. In lieu of terr+Nnating the
Contract, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has filled
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTAlr1T stop the Work until it hoc been paid all mmdunts theta due.
InderrutiPeradcYn eyf IndeuenC�pwltar�t
15.7 The CONTRACTOR. and the CITY hereby aclu-o Iedges that if the CONSULTANT is an independent
conwactor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Docurrwnts or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request, agrees to
provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT Crakes
an interpretation, de -certifies a payment application, decertifies Substantial Completion, decertifes Final
Compton, certifies an event of default, or approves any action which requires the approval of the
CONSULTANT.
AMC-,LiAEMM
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member- of the firm or
to an officer of the corporation for whom it is intended, or If delivered at or sent by registered or
certified mail, postage prepaid. to the last known business address.
16.2 The Contract Documents shall remain the property of the OWNER. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions, if any, and the tights and remedies available hereunder, and in particular but without
limitation. the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder, shall
be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available
by law, by special guarantee or by other provisions of the Contract Documents.
I &: a Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of
any error, omission, or act of the other or of any of their employees or agents or others for whose acts
they are legally liable, claim shall be made in writing to the other party within twenty-one (21) calendar
days of the first observance of such Injury or 'cap.
AMT9c 7 w WAMig OF OURV �1iQfL 1
17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counters m arising out of the Contract Dacume nts or the performance of the Work
thereunder.
URM®R_ N I �i 19E1: 6 G22§m2mg f
I & I The Conmct shall be cvnsTued in accordance vAth and Browned by the law of the State of Florida.
M2 The pardes submit to the jurisdiction of any court of eompamm jurisdiction in Florick ring any claim
or action arising out of or relating to the Contras or Contract Documents. Venue of any action to
enforce the Contract shall be in MWNu -Dade County, Horida.
18.3 Except as may be otherwise provided in the Contract Documents, all chinos, counterclaims, dsputas and
other matters in question bwvveen the OWNER and the CONTRACTOR arising out of or relating to
this Contras or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
&c CR—E 94R o P9Q0E�f CQ21®5,
19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the
books and records and accounts of COtKM:(ACTOR which relate In any way to the Project, and to any
claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR which relate to the Project CONTRACTOR shop retain and
make available to CITY all such books and records and accounts, financial or otherwise, which relate to
the Project and to any claim for a period of three (3) years following final completion of the
Project During the Project and the three (3) year period following final completion of the Project;
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice.
191 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.0701) while providing services on behalf of the OWNER and the CONTRACTOR, under such
conditions, shall incorporate this paragraph in all of its subcontracts for this Project CONTRACTOR
and its subcontractors are specifically required to: (a) Keep and maintain public records required by the
public agency to perform the service; (b) Upon request from the public agency's custodian of public
records, provide the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidend�J
and exempt from public records disclosure requirements are not disclosed except as authoraed by law
for the duration of the contract term and following completion of the convect if the contractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost,
to the public agency all public records in possession of the contractor or keep and maintain public records
required by the public agency co perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor shall meet
all applicable requirements 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 records, in a format that is
compatible with the information technology systems of the public agency.
1F THE CONTP?.'A'CTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DU T ",f TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340; E-mail: mmenendez c@southmiamifl.gov; 6130 Sunset Drive,
South Miami, FL 33143.
19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
provision shall be liable to OWNER for its costs of enforcing this provision, including attorney fees
incurred in all proceedings, whether administrative or civil court and in all appellate proceedings.
ARTICLE 20 — SIEVERARILITY.
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent,
be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTIICLE 21 -- INDEPENDENT CONTRACTOR.
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers, employees, or agents of the 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 Contract shall be those of
the CONTRACTOR.
ARTICLE 22 — ASSIGNMENT.
22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
arising under the terms, conditions and provisions of this Contract without prior written consent of the
City Manager. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the
CONTRACTOR's rights. The CITY may, in its sole and absolute discretion, refuse to allow the
CONTRACTOR to assign Its duties, obligations and responsibilities. In any event, the CITY shall not
consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of
the Agreement by the assignee, the assignee meets all of the CITY's requirements to -the CITY's sole
satisfaction and the assignee executes all of the Contract Documents that were required to be executed
by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge
their inclusion as part of the Contract Documents on this ,5 day of f` r✓i . / ZQ6&
CONTRACT
•r
Signature:
jfls}cr Pri; SignName: drd
Title of Signatory: e 2 I
ATTESTED:
Sigrature:
Maria Menendez
City Clerk
Read and Approved as to Form, Language.
Legality, and Execution Thereof
City Attorney
OWNER. CnY 00 SOUTH MULMO
StevenAJexande-r
City Manner
0
EXHIBIT 3
AT"ACHI,dENT C
Supplementary Cond'eticn
Demolition Services
ITQ #BD2017-06
A. Consultant: In accordance with ARTICLE 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 CONSULTANTs, if any,
and the City's Designated Representative's name, address, telephone number and facsimile number are as
follows:
Consultant. N/A
B. Termination or Substitution of Consultant Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished N/A sets of Contract Documents
without charge. Any additional copies required will be furnished to the CONTRACTOR at a cost to the
CONTRACTOR equal to the reproduction cost
D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP
and in the attached "Scope of Services," to the ITQ, and if there is a conflict the attached Exhibit shall
take precedence.
E. Contractor shall comply with the insurance and indemnification requirements is set forth in the RFP and in
the document set forth in the attached EXHIBIT I to the ITQ and if there is a conflict the attached
Exhibit shall take precedence.
F. The Work shall be completed in 30 vrorkin da% s unless a shorter time is set forth in the Contract and
in such event the Contract shall take precedent notwithstanding any provision in the General Conditions
to the Contract that may be to the contrary.
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as part of the Contract on this % day of�% 20,
i f
Signature:
Print
Title
ATTESTED:
Signature: {\ ' 1
Maria Menendez, .
City Clerk is
Read and Approved as to Form, Language,
Legality, and Execution Thereof.
Signature:
City Attorney
'�� �1 1� ,
gna Name: _:.1 _ �'
Signatory: Rr[a _._
OWNER: CITY OF S`,T14'114jAM1
Signature:
Steven Alexander-
City Manager
Scope of Services
Lane Line Anchor Installation at Murray Park Aquatic :enter
Invitation to Quote — ITQ #PR2018-10
General Requirements:
The work specified in this Invitation to Quote ("ITQ") consists of furnishing all labor
(including subcontractors), engineering, plans, drawings, technical specifications;
installation, machinery, tools, means of transportation, supplies, equipment,
materials, permits, coordination with any utility companies (i.e. power, gas, water),
dumpster(s), disposal of materials and services necessary to perform the following
work. In addition, the contractor is responsible for erecting construction safety
fencing, cones, etc. at the end of each working day.
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.
11. Scope of Work:
The City of South Miami's Parks and Recreation Department is seeking proposals
from qualified and experienced firms to perform installation of three (3) swim
lanes —six (6) spectrum aquatics pop up anchors, or equivalent into existing pool
deck at Murray Park Aquatic Center. As-Builts for the pool are attached as part of
the scope
This project shall include, but is not limited to saw cutting the existing concrete deck
at six locations to expose pool shell- steel reinforcements at each location, provide
and install (with electrical bonding) six (6) pop up anchors into existing deck, and
refill and clean deck area at completion of project.
Ill. Qualification, Experience, & Reference:
Respondents must have at least five (5) years of prior experience with commercial
pool design -build, installation and/or repairs.
IV. Location:
Murray Park Aquatic Center, 6701 SW 58 Place, South Miami, Florida 33143
V. Project Duration
The current estimate to complete this project is 45 working days from issuance of
Notice to Proceed.
I. Warranty:
The standard manufacturer's warranty information must be provided in writing for
all equipment being proposed, including installation by an authorized dealer.
EXHIBIT I
Pop -Up Lane Line Anchors
ITQ #PR2018-10
Insurance & Indemnification Requirements
1.01 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 a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
1.02 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:
1.03 Workers' Com ensation Insurance at the statutory amount as to all employees in compliance with the
'Workers' Compeiisai-ion 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.
1.04 Commercial Cam rehensiv General Li bill 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;
1.05 Umbrella -Commercial Comprehensive General Liabilb insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
1.06 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
1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and
substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where
applicable.
1.08 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 Section 5.4 herein below shall apply to this coverage unless it would be
clearly not applicable.
1.09 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:
(1) 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'
(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 (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 Requiren-ent
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
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 ad 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 from or arise out of actions or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
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 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
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.
:Y
�� � � � ��
Member Name City of South Miami
ITQ-ITQ #PR2018-10-0-
Bid Number 2018/JW
Bid Name Pop -Up Lan Line Anchors
3 Document(s) found for this bid
7 Planholder(s) found.
770 FlInTICICn
Supplier Name
Address 1
City
State
Zip
Phone
Attributes
ConstructConnect
3825 Edwards Rd
Cincinnati
OH
45209
8772271680
Construction Aggregates Corp IT
Services
4193 Bramblewood Loop
Spring Hill
FL
34609
4078820288
Construction Journal, Ltd.
400 SW 7th Street
Stuart
FL
34994
8007855165
Legacy Products Inc
3791 SW Pierre St ITopeka
KS
66617
7859920367
Link Systems LLC
292 Tuska Reserve Cove
Casselberry
FL
132707
4074010031
1. Small
Business
Recreational Design & Construction, Inc.
3990 N Powerline Road
Fort
Lauderdale
FL
33309
9545663885
RECREONICS INC
14200SCHMITTAVE
1LOUISVILLE
KY
40213
5024587354
1. Small
2. Veteran
51
6/14/2018 Detail by Entity Name
Department / ph4sjon of„ ora••ok / Se rc R •ds / Q®tail y Docurrrerit Numner /
Detail by Entity Name
Florida Profit Corporation
RECREATIONAL DESIGN
& CONSTRUCTION, INC.
Fi[ingjbformation
Document Number
P93000067336
FEI/EIN Number
65-0439173
Date Filed
09/28/1993
State
FL
Status
ACTIVE
Last Event
AMENDMENT
Event Date Filed
06/04/2008
Event Effective Date NONE
Principal Ad ress
3990 N POWERLINE RD
OAKLAND PARK, FL 33309
Changed: 01 /31 /2000
Mailing -Address
3990 N POWERLINE RD
OAKLAND PARK, FL 33309
Changed: 01/31/2000
F7egistered Agent Name & Address
Chaves, Richard R
515 N. Flagler Dr.
20th Floor
West Palm Beach, FL 33401
Name Changed: 01 /10/2017
Address Changed: 01/10/2017
Q figgdll!rector f]et
Name & Address
Title P
52
CERRONE, JOSEPH III
3990 N. POWERLINE ROAD
http://search.sunbiz,org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=RECREATI.. 1/3
6/14/2018
OAKLAND PARK, FL 33309
Title ST
http.//s
CERRONE, JOSEPH, III
3990 N POWERLINE RD
OAKLAND PARK, FL 33309
Title VP
Cotter, Anthony J
3990 N POWERLINE RD
OAKLAND PARK, FL 33309
Annual, Re ports
Report Year
Filed Date
2016
01 /12/2016
2017
01 /10/2017
2018
01 /22/2018
Document images
D-,tail by Entity Name
01122/2010 -- AN' NUAL REPORT
View image in PDF format 4
01/1012017 --ANNUAL RE20RT
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111712016 EN DED ANNLf ❑
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0111212016—ANNUAL REPORT
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01/1212015 -- ANNUAL RE PORT
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04/0812014 -- AMENDED ANWAL REP❑fjI
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01/1612014 --ANNUAL REPORT
View image in PDF format J
01128013 -- ANNUAL RFP_¢R-7
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06/0412012, -- ANNUAL REPORT
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03/14/2012 -- ANNUAL REPORT
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01/1212011 --ANNUAL REPORT
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02/03/2010 -- ANMUAAL RE PORT
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T
01/3012Q09 — ANNUAI REPORT
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06/0412008 -- Amendment
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0 1104 L2008 -- ANNUAL REPORT
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01/04/2007 --ANNUAL REPORT
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01/06/2006 --ANNUAL REPORT
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01/11/2005 --ANNUAL REPORT
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D110712004 -- ANNUAL REPORT
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01/23/2003 -- ANNUAL REPORT
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02113=02.-- ANNUAL REQT
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21�ANNUAL REPORT
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02/05/2001 -- ANNUAt REPORT
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0 1/31/2000 -- ANNUAL REPORT
View image in PDF format
OV0311999 •• ANNUAL REPORT
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0510111908 ANNUAL REPORT
Vlew image in PDF format
05/02/1997 --ANNUAL REPORT
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06/25/1996 -- ANNUAL REPORT
View image in PDF forma; I
earch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaii?inquirytype=EntityName&directionType=Initial&searchNameOrder=RECREATI
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2018 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P93000067336
Entity Name: RECREATIONAL DESIGN & CONSTRUCTION, INC.
Current Principal Place of Business-
3990 N POWERLINE RD
OAKLAND PARK, FL 33309
Current Mailing Address:
3990 N POWERLINE RD
OAKLAND PARK, FL 33309
FEI Number: 65-0439173
Name and Address of Current Registered Agent:
CHAVES, RICHARD R
515 N. FLAGLER DR.
20TH FLOOR
WEST PALM BEACH, FL 33401 US
FILED
Jan 22, 2018
Secretary of State
CC4986388642
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, In the State of Florida.
SIGNATURE: RICHARD CHAVES 01/22/2018
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title P
Name CERRONE, JOSEPH III
Address 3990 N. POWERLINE ROAD
City -State -Zip: OAKLAND PARK FL 33309
Title VP
Name COTTER, ANTHONY J
Address 3990 N POWERLINE RD
City -State -Zip: OAKLAND PARK FL 33309
Title ST
Name CERRONE, JOSEPH III
Address 3990 N POWERLINE RD
City -State -Zip: OAKLAND PARK FL 33309
I hereby certify that the information indicated on this report or supplemental report Is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this reporf as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: JOSEPH CERRONE III PRESIDENT 01/22/2018
Electronic Signature of Signing Officer/Director Detail
Date
54