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Res No 107-20-15547RESOLUTION NO.:107-20-15547 A Resolution authorizing the City Manager to negotiate and to enter into an agreement with Electrical Contracting Service, Inc. for new tennis court lighting and other Improvements at Dante Fascell Park. WHEREAS, to better meet the needs of residents and frequent visitors at Dante Fascell Park, staff recommends the addition of a new LED lighting system over the existing six (6) tennis clay courts, new parking lot lighting, and two (2) new service gates on the south and north entry/exit approaches at the parking lot; and WHEREAS, the City issued a Request for Proposal #PR2020-13 for "Tennis Courts & Parking Lot Lighting at Dane Fascell Park." Staff received three (3) proposals illustrated in the following table; and Sidde s Bid Price: Bid Price: OPTION A OPTION B ELECTRICAL CONTRACTING $372,432 $3070499 SERVICES AGC ELECTRIC $560,026 $458,258 MCKERCHER CONSTRUCTION $640,049 $519,324 WHEREAS, the City requested pricing using two Options, A & B. Option A represents the entire project: tennis court and parking lot LED lighting and service gates. Option B represents tennis court LED lighting only. Staff recommends Option A, awarding the project to the highest ranked respondent, Electrical Contracting Services, Inc; and WHEREAS, the proposal/contract amount shall not exceed $372,432. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is authorized to negotiate and to enter into an agreement with Electrical Contracting Service, Inc. in the amount of $372,432 for new tennis court lighting and other Improvements at Dante Fascell Park. The total expenditure shall be charged to Parks & Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of $509,078 before this request was made. Resolution No. 107-20-15547 Section 3. Corrections. Conforming language ortechnical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 181h day of August2020. ATTEST: CITY Q ERK y READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF. C ATTORNEY APPROVED: _ z2m AYOR M COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea 2 Agenda Rem No:7. City Commission Agenda Item Report Meeting Date: August 18, 2020 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and to enter into an agreement with Electrical Contracting Service, Inc. for new tennis court lighting and other improvements at Dante Fascell Park. 3/5 (City Manager -Parks & Recreation) Suggested Action: Attachments: Memo -Tennis Court Lights (QLPI).docx Resolution -Tennis Court Lights.docx ECS Proposal.pdf References.pdf Support Emails.pdf TSouth Miami THE OTY 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: Shari Karnali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: August 18, 2020 SUBJECT: A Resolution authorizing the City Manager to negotiate and to enter into an agreement with Electrical Contracting Service, Inc. for new tennis court lighting and other improvements at Dante Fascell Park. BACKGROUND: To better meet the needs of residents and frequent visitors at Dante Fascell Park, staff recommends the addition of a new LED lighting system over the existing six (6) tennis clay courts, new parking lot lighting, and two (2) new service gates on the south and north entry/exit approaches at the parking lot. New LED lighting will extend tennis recreation play hours, allow for the scheduling of league and tournament play during evening hours, promote and improve physical and mental health, permit adjacent schools the opportunity to utilize the facilities during after -school hours, and increase/improve economic activity, just to name a few. The city's tennis courts get as much use as just about any amenity in our park system. One of the constant things we've heard since taking over the tennis operations is that people want to play tennis after dusk. The City has completed a 10-year Parks Master Plan which supports the need for new outdoor tennis lighting. Furthermore, the City has received multiple written correspondences from residents and tennis participants who have requested the need for tennis court lightning. PROCUREMENT: The City issued a Request for Proposal ("RFP") #PR2020-13 for 'Tennis Courts & Parking Lot Lighting at Dane Fascell Park." Staff received three (3) proposals illustrated in the following table. 2 TRSoutiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Bid Price: Bid Price: Bidder OPTION A OPTION B ELECTRICAL $372,432 $307,499 CONTRACTING SERVICES AGC ELECTRIC $560,026 $458,258 MCKERCHER $640,049 $519,324 The City requested pricing using two Options, A & B. Option A represents the entire project: tennis court and parking lot LED lighting and service gates. Option B represents tennis court LED lighting only. City staff recommends Option A, awarding the project to the highest ranked respondent, Electrical Contracting Services, Inc. ("ECS"). Staff consulted with the contractor's references as to hands on experience and received positive feedback. SELECTION COMMITTEE: A Virtual Selection Committee meeting was held on August 3, 2020. The Selection Committee was comprised of Mr. Quentin Pough, Director of Parks & Recreation; Mr. Aurelio Carmenates, CIP Project Manager; and, Mr. Charles Yost, Associate Director for Basulto Associates, who reviewed, scored and ranked the proposals in accordance with the Evaluation and Selection procedures addressed in the RFP. The combined Final Rankings are shown below: Evaluator ECS AGC Electric Mckercher Quentin Pough 84 40 35 Aurelio Carmenates 89 73 64 Charles Yost 92 78 68 TOTAL 265 191 167 WARRANTY: Electrical Contracting Service, Inc. guarantees parts and labor for a period of one (1) year. Musco Sports Lighting, LLC will provide all materials and labor to maintain operations of lighting system to original design criteria for twenty-five (25) years. i] CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER South Miami INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING FINANCIAL FoRECAST: This forecast does not factor in the impacts of any extraordinary issues. With lighting, City staff forecasts approximately $527,000 in total revenue or $93,000 in net revenue each fiscal year. This represents a net increase of $18,000 per year with lighting. VENDORS & EXPENSE: Electrical Contracting Services, Inc. Proposal/contract amount shall not exceed $372,432. FUND & ACCOUNT: The total expenditure shall be charged to Parks & Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of $509,078 before this request was made. ATTACHMENTS: Resolution Proposal — Electrical Contracting Services, Inc. References Copies of Support Letters/Emails n PROPOSAL SUBMITTAL CHECKLIST FORM TENNIS COURTS & PARKING LOT LIGHTING AT DANTE FASCELL PARK" RFP #PR2020-13 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to h s://network.demandstar com/ The City, at its X discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Supplemental Instructions for Respondents. X Indemnification and Insurance Documents EXHIBIT i X Respondents Bid Form. EXHIBIT 3 X Respondents Cost & Technical Proposal, EXHIBIT 4 X Signed Contract Documents (All — including General Conditions and Supplementary Conditions if attached) EXHIBIT 6, 7 & 8 X Respondents Qualification Statement X List of Proposed Subcontractors and Principal Suppliers X Non -Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 17 of 96 7 tad k c��ro�rr�813mvUels XkWM1, Florida 33016 A. TITLE PAGE Electrical Contracting Service, Inc. 2375 West 77th Street Hialeah, FL 33016 305-556-0041 ECSINC25@AOL.COM Charles (Chuck) Floyd ' July 24, 2020 Request for Proposal for Tennis Courts & Parking Lot Lightiing At Dante Fasceil Park RFP #PR2020-13 Tel. (305) 556-0041 Fax. (305) 820-0553 "TRI ECOO NCTI`I�d SERVICE Master Electrician - Licensed & Insured Residential - Commercial - Industrial 2375 West 77 Street Hialeah, Florida 33016 TABLE of CONTENTS Dante Fascell Park Tennis Courts & Parking Lot Lighting RFP #PR2020-13 Title Page Supplemental Instructions (Attachments) Indemnification & Insurance (Attachments) Bid Form Exhibit 3 Cost/Technical & Schedule of Values Exhibit 6 Exhibit 7 Exhibit 8 Qualification Statement Subcontractors & Suppliers List Non -Collusion Affidavit, Public Entity Form, Drug Free Form, Acknowledgement of Conformance OSHA, affidavit Federal & State Vendor Listing, Related Party Verification Form, Presentation Team Affidavit Page 13, 14 Page 57 — 59 Page 60 - 62 Page 63 — 65 &43 Page 67, 68 Page 69 - 92 Page 93, 94 Page 18 - 21 Page 22 Page 23 - 36 Tel. (305) 556-0041 Fax. (305) 820-0553 7 Electrical Contracting Service, Inc. In accordance with all terms of RFP #PR2020-13, Electrical Contracting Service Inc. (ECS) will ensure the successful completion of the following items. Furnish all goods, materials, supplies and services to perform the work described in the RFP. All work will be performed in accordance with the specifications and contract documents. Installation of new LED lighting for six (6) tennis courts. Installation of new parking lot lighting. Installation of new gates at two (2) entry/exit points. Installation of modified electrical service. Installation of modified concrete sidewalk. Restoration of site upon completion. 10 Electrical Contracting Service, Inc. E.C.S. has been in business since 1985 and has built a great reputation in the South Florida area. We work primarily with local cities and municipalities. Since 1990 our focus has been on sports lighting related projects. Over that time period we have engaged in over S00 projects that contained varying degrees of sports lighting. At least 70 of those were tennis court lighting installations. We have installed lighting poles ranging from twenty (20) feet to one hundred forty (140) feet. Concrete, steel and wooden poles. In addition, we have worked with Musco (your specified fixture manufacture) on 80% of the sports lighting projects we have completed. You will not find another contractor that has more experience or a better reputation in this area of the electrical trade than E.C.S. The primary personnel who will be working on this project will be Robert Winkler and Charles Floyd. Their qualifications are as follows: Charles Floyd - President Bachelors degree in Electrical Engineering from Florida International University. Master licensed electrician from 2000 to present. Owner of E.C.S. from 2012 to present. Employed In the electrical trade since 1995. Robert Winkler - Foreman Employed in the electrical trade since 1984. Personally supervised the construction/installation of hundreds of sports lighting projects. See attached "Respondents Qualification Statement" for similar work experience and an example of just a few of the projects both of the personnel above have been intimately involved with. 11 Electrical Contracting Service, Inc. Project Approach & Schedule N. T. P. - Turn in submittals for approval. N.T.P. plus 15 days - Submit plans for permitting. Upon receipt of permit plus 10 days - Underground conduit Installation. Upon receipt of poles/fixtures plus 45 days - Install poles & fixtures. Tie in underground conduits. Set boxes and pull wire. Modify service. Install gates. Firm Overview Firm responding to this RFP - Electrical Contracting Service, Inc. Responsible individual - Charles Floyd - President Mailing address - 2375 West 77th Street, Hialeah, FL 33016 Email address - ECSINC25@AOLCOM Phone - 305-556-0041 Charles Floyd - President Robert Winkler - lead Foreman .loAnn Sastoque - Office Manager Victor Armendariz - Superintendent Bryan Munoz - Superintendent Various Apprentices and Laborers 12 IMM 0OH1UG°AC CAL i araaMIIC F, Master Electrician - Licensed & Insured Residential - Commercial - Industrial 2375 West 77 Street Hialeah, Florida 33016 WARRANTY LETTER July 24, 2020 Owner: City of South Miami Project: Tennis Courts & Parking Lot Lighting At Dante Fascell Park RFP# PR2020-13 Due Date: July 24, 2020 Reference: Period of Warranty 1 Year Parts & Labor Tel. (305) 556-0041 Fax. (305) 820-0553 Warranty: Electrical Contracting Service, Inc. guarantee's parts & labor for a period of one year. /X/ � Charles Floyd - President 13 tjw 25-Year Product Assurance & Warranty Program Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your lighting system to original design criteria for 25 years, or until maximum hours of coverage have accumulated, whichever comes first. Musco products and services are guaranteed to perform on your project as detailed in this document. Average illumination levels are guaranteed as described in the Project Details on the following page. Musco will electronically monitor luminaire operation and operating hours, and will group re -lamp if applicable. Individual luminaire outages that occur during the warranty and maintenance period are repaired when the usage of any field is materially npacted. If actual usage exceeds the maximum hours of coverage, the customer will be required to pay an additional fee in order to maintain the warranty to the end of 25 years. .average and maximum energy consumptions for your lighting system are guaranteed. Exhibit A provides a 25-year energy cost model based upon the customer provided utility tale and anticipated hours of usage. Changes in rates or usage will proportionately change the costs. Vonitoring, Maintenance and Control Services Musco shall monitor the performance of your lighting system, including ontoff status, hours of usage and lamp outages. If fixture outages hat affect playability are detected, Musco will contact you and proactively dispatch technicians. - - )noff control of your lighting system is provided via an easy -to -use web site scheduling system, phone, fax, or email. Our trained :ontrol-Link Central" service center staff is available toll -free 24/7. Regular usage reports are always available on Control -Link Central's Nab site. Spill light readings at identified locations are guaranteed to be controlled to the values provided in Musco s design documents for your project, shown in Exhibit B. Structural triteegrw Your project has been designed to Structural integrity of equipment manufactured by Musco is guaranteed. - - Musco has a team of people to ensure fulfillment of our product and services warranty (Exhibit C) and maintains financial _ - reserves dedicated to support our fulfillment of this warranty. Please keep this document as your signed contract guaranteeing . _ comprehensive service for the 25 year period. - Page 1 of 3 - ecru. an; wm sweuDdc uc u,n:�.s.. 14 0000 MUSCO Project Name Owner: Product(s) Covered: Date Issued: Expiration: 25-Year Product Assurance & Warranty Program Project Details Project Number: State: or maximum hours of coverage noted below, whichever occurs first Total Average kW per hour: Total Maximum kW per hour: Musco products and services are guaranteed to perform on your project as follows: Average Total Estimated Annual125- Maximum Hours ='.l �. ` Fleld2one Fixture Quantity Lamp Type Target Light Level Uniformity MaxlMin Relamps Included Year Estimated Usage Hours of Coverage " i �i hl I 2of3- 0 .. 2017 Nero Spa LV"LLC u•�+�x•: 15 rDOOO mu. 25-Year Product Assurance & Warranty Program Terms and Conditions Service under this Contract Is provided by Masco Sports Lightxhg, LLC a an authorized servicer approved by Musco. Services performed under this Contract shall consist of fumishug labor and parts necessary to restore the operation of the Covered Product(s) to original desgn cmeda provided such service is necessitated by failure of the Covered Producl(s) during normal usage. -his Contract=am Product(s) consisting of Musco s Total Light Control -TLC for _ED" or Green Germrahon Ughtinge with Control-Linkc and arty additional Musco -onufactured product as listed on page 2. -We,'tor and 'our' mean Musco. 'You' and'ymr mean the purchaser of the Covered Product(s). No one has the authority to change this Contract without the prior written approval of Musco. Musty shall not assiane responbibly for their agents or assignees other than as described below If there is a conflict between the terms of this Contract and information communicated either orally or in writing by one a more of our employees a agents, this Contract shall control. Additional Provisions I Availability of Service: Control -Link Central operators shall be available 247 via web site, phone, fax or email. Maintenance service specialists shall be available BAM to 5PM Central Time, and services shall be rendered during these same hours in your local time zone, Monday through Friday (with the exception of rolional holidays). Hours of operation are subject to change without notice to you. Musco will exercise all reasonable efforts to perform service under this Contract but will not be responsible for delays or failure in performing such serwoes caused by adverse weather conditions, acts of any government, failure of transportation. accidents, nols, war, labor actions a strikes or other muses beyond its control. 2. Determination of Repairs: Musoo will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair aallor replacement of Covered Producl(s) and parts. Repair will be with product(s) of like kind and quality. 3 Your Requirements Under this Contract: You must meet all electrical and installation requirements as specified by the manufacturer. In addtion, you promise and assure full cooperation with Musc i, Musco's technicians and authorized senacers during telephone dognoms and repair of the Covered Product(s), reasonable accessibility of the Covered Product(s), a non- threatening and sate environment for service. You agree to check fuses and lo replace fuses as needed. Musco provides spare fuses in the lowest alpha-numenc numbered enclosure Masco will replenish spare fuses used You agree to keep your conlml system online. This means keeping the requited control voltage to the control system at all limes Any deviation from this practice must be discussed with Musco's Warranty Department. 4. Service Limitations • This Contract does not cover. Maintenance, repair or replacement necessitated by loss or damage resulfing from any external muses such as, but not limited lo, theft, environmental conditions, negligence, misuse, abuse, improper elect imypower supply, unauthorized repairs by third parties, attachments. damage to mbinehy, equipment modifications, vandalism, animal or insect infestation, physical damage to Covered Products parts or components, failure of exisling stiuchnes, supporting electrical systems or arty non-Musm equipment, or acts of God? nature (including, but not limited to: earthquake, flood, lomadoes, typhoons, hurricanes or lightning). 5. Contract Llmlhtlons: a. EXCLUSIONS FROM COVERAGE IN NO EVENT WILL MUSCO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED TO, ANY DELAY IN RENDERING SERVICE OR LOSS OF USE DURING THE REPAIR PERIOD OF THE COVERED PRODUCT(S) OR WHILE OTHERWISE AWAITING PARTS. b Limitation of Liability. To the extent permitted by applicable law, the liability of Musco, if any, for any allegedly detective Covered Product(s) or components shall be limited to repair or replacement of the Covered Producl(s) or componentsatMusco's option. THIS CONTRACT IS YOUR SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO THE COVERED PRODUCT(S) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. c For the purposes of and by your acceptance of this Contract you acknowledge and agree that if a surety bond ('Bond-) is provided the warenly andor maintenance guarantee provided for in this Contract and any corresponding liability on behalf of the issuing surely under the Bond is limited to the first twelve (12) months of said warranty and/or maintenance guarantee coverage period. Arty warranty andfur guarantee coverage period in excess of said initial 12 month period does not fall within the scope of the Bond and shall be the sole responsibility of Musm d. Musco requires reasonable access for a crane or man rift equipment to service the lighting system. Musty will not be responsible for damage from operating the vehicle on The property when the equipment is operated in the prescribed manner over the designated access route. e. Obsolescence or Environmental Restrictions. It during any maintenance or other work performed under this Warranty, any of the pads of the Covered Products) are found to be either obsolete, no longer available, or prohibited by any state of federal agency. Musco shall replace said parts with congtardble parts and materials with equal operating characteristics solely at Musm's discretion The cost of replacement of any obsolete cellular related technology shall be home by you Prior to mmplefing any such work, Musco shall notily you of the cost (if any) you Will incur in the replacement of such pads under this section. 6. Transfer and Assignment: Except to owners, you shall not have the fight to assign or otherwise transfer your rights and odgalions under this Contract except with the prior written consent of Musco: however, a successor in interest by merger, operation of law, assignment or purchase or otherwise of your entire business shall acquire all of your interests under this Contract. 7 Governing Law: Unless otherwise governed by applicable state law, the Contract shall be interpreted and enforced according to the laws of the State of Iowa. B Subrogation: In the event Musco repairs or replaces any Covered Producl(s), pans or comportentsdueloanydefect for which the manufacturer or its agents a suppliers may be legally responsible, you agree to assign your rights of recovery to Musm. You will be reimbursed for any reasonable costs and expenses you may incur in connection with the assignment of your rights. You will be made whole before Musco retains any amounts it may recover Signature: Vice President of Sales - Page 3of3- mx&zi1?M Spemuyftu.c YMA ': IN EXHIBIT 6 CONSTRUCTION CONTRACT TENNIS COURTS & PARKING LOT LIGHTING AT DANTE FASCELL PARK" RFP #PR2020.13 THIS CONTRACT was made and entered Into on this 7 day of 1aNC- •r s ' 20 Ei by and between .ter sue.. r- �.L7ii..'7r; t: -i.- ^�� r c _: ti i (hereafter referred to as /) "Contractor'), and the City of South Miami (hereafter referred to as "Owner'), through its City Manager (hereafter referred to as "City'). WITNESETHt That, Contractor, for the consideration hereinafter fully set out, hereby agrees with Owner as follows: I. Contractor must 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 must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work 2. The Contract Documents must 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 Owner as well as any attachments or exhibits that are made a pare of any of the documents described herein. 3. Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby agrees to pay to Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any property approved, written change orders, in lawful money of the United States, the Lump Sum amount of. / 7%t- r-r.._14 Dollars (S 3 7,Z Y 3 2— .(L9h tspai oaarn,m,� co.,l("Contract (i-ice'�. %j ago,(,. c. ..l .-t-r..:-r �y i••./y -v`'T— - S. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must 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 will have no right to additional compensation for such work However, nothing contained herein authorizes 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, Owner will make monthly partial payments to Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by Contractor, less the retainage (all as provided for in the Conuact Documents), which is to be withheld by 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 Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by 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 must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. S. The Work must be completed in 90 calendar days. In the event that Contractor fails to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of 32,700.00 dollars per dos• plus any monies paid by Owner to the Consultant, if any, for additional engineering and inspection services, if any, associated with such delay. 9. It is further mutually agreed between the parties hereto that ifa Payment and/or Performance Bond ("Bond') is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City deems 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, Contractor must, 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 are satisfactory ttPW 16ty. In such event, no further payment to Contractor I of 59 will 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 may 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 will, without proof or accounting for the other counterpart, be deemed an original Contract ATTESTED: Signature: Nkerja A. e City Clerk PO Read and Approved as to Form, language, Legality, and Execution Thereof: Signa CONTRACTOR:lrC�� Signature: ��r Print Signatory's Name: a � 04,i , )O` 4/ Title of Signatory. Or e,—sIW,) / OWNER: CITY F SOUTH M MI s Signawre: � Shari Karnali City Manager 68 of 96 2 of 59 EXHIBIT 7 CONSTRUCTION CONTRACT GENERAL CONDITIONS TENNIS COURTS & PARKING LOT LIGHTING AT DANTE FASCELL PARK" RFP #PR2020-13 ►. • Whenever used In these General Conditions or in the other Contract Documents, the following terms have the meaning Indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined Is used, does not specifically refers to this Article -to define the word or group of words, the definitions contained In this Ardde will not apply unless the word or group of words, In the context of it or their use In the Contract Document in question, blare ambiguous and open for interpretation. In addition, these definitions do not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of the term In question: Benda: Written or graphic documents issued prior to the Bid Opening which modify or Interpret the Contract Documents. Drawings and Specifications, by addition, deletions, clarifications, or correction. Aaolication for PaM A form approved by the City's consultant (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR In requesting progress payments. M; The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed Bidder. Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work Did.Dgcuments+ The solicitation for bids or proposals and all documents that make up the solicitation Induding the instructions, form of documents and affidavits. Bonds: Bid bond performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety In accordance with the Contract Documents and in accordance with the laws of the State of Rod& Cage Order. A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision In the Work. or an adjustment In the Contract Price or the Contract Time issued after execution of the Contract Work Order Proms Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the dmeframe for completing the work QZ The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager's designee. unless the context wherein the word Is used should more appropriately mean the City of South Miami. City M Includes the City Manager's designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified In writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications Issued after execution of the Contract as well as all Bid Documents Induding but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and polities, the Notice of Award. the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions. the Technical Specifications. Drawings. Induding any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work. and written modifications to any of the Contract Documents. Contact Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time The number of calendar days stated In the Contract for the completion of the Work Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract CONSULTANT The person Identified as CONSULTANT In the Supplementary Conditions or. If none, then OWNER's designated representative as Identified in the Supplementary Conditions. 2W A period of twenty-four hours measured from the beginning of the day at 12:01 am. and it will be presumed to be a calendar day unless specifically designated as a business day. QW The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the a t or default from which the designated period of time begins to run will not be included The last day of the�� so computed will be included unless it is a Saturday. Sunday or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday. Sunday or legal holiday. Qeff xthm Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents. or does not meet the requirements of any applicable Inspection, reference standard, test, or approval referred to In the Contract Documents, or has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency In the Work. materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. p. The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to In the Contract Documents. jfeld Order. A written order Issued by CONSULTANT which clarifies or Interprets the Contract Documents In accordance with Paragraph 9.3 or orders minor changes In the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties. (b) a Change Order signed by both parties. (c) a written clarification or Interpretation if issued by CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work Issued by CONSULTANT pursuant to Paragraph 10.1 A modification may only be issued after execution of the Contract, it must be In writing and signed by the party against whom the modification is sought to be enforced Non -conforming, Work means work that does not conform to the Contract Documents and Includes work that is unsatisfactory. faulty, or deficlent or that does not meet the requirements of any applicable Inspection. reference standard, test, or that does not meet any approval required by, or referred to in. the Contract Documents, or work that has been damaged prior to CONSULTANTs recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, City Manager will execute and deliver the Contract to him. Notice to Pr_os2gt A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project The entire construction operation being performed as delineated in the Contract Documents. Pow The term "policy" as used in the Contract Documents means the Insurance binder. if it Is issued, the declaration page of the policy and the body of the policy, including all endorsements. REt. Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context In which the phase is used clearly means otherwise. S. h2p D� All drawings. diagrams. Illustrations, brochures, schedules and other data which are prepared by CONTRACTOR. a Subcontractor, manufacturer. supplier, or distributor, and which illustrate the equipment. material or some portion of the work and as required by the Contract Documents. Samp1w. Physical examples which Illustrate materials. equipment or workmanship and establish standards by which the Work will be judged Sasafications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment. construction systems► standards and workmanship as applied to the Work Subcontractor: An Individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction tnte. Substantial Comp on: The date, as certified by CONSULTANT. when the construction of the Project or a certified part thereof is sufficiently completed. In accordance with the Contract Documents. so that the Project, or a substantial part, can be utilized for the purposes for which It was intended without restriction or limitation to any degree. other than for the repair of minor "punch Ilse" 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 will 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 CONSULTANT, will be nufl 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 City Manager 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 CONTRACTOR for the full and faithful performance of the Contract and for the payment of aU labor, services and materials used on the project - 76 of 96 4 of 59 Woric Any and all obligations. duties and responsibilities necessary for the successful performance and completion of the Contract The term "Notice" as used herein means and includes all written notices, demands. instructions, claims. approvals and disapprovals required to obtain compliance with Contract requirements. Written notice will 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 OWNER under this Contract must be delivered to City Manager and CONSULTANT. . i r .L _ .Y 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretiam Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as It deems necessary, to establish, to the satisfaction of the City Manager, 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 Manager reserves the right to reject the Bid of any Bidder who Is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to perform the work in analyzing a Bid. the City Manager may also take Into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and genre the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. mud a 9f goof= 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 must be executed and delivered by CONTRACTOR to the City Manager 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 will, without proof or accounting for the other counterpart be deemed an original Contract Document. Bid Securhv/Pwfor ance nd Pavment�l td. if any are required by the applicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered In such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4.2.3.5, and 2.3.6. 2.3.2 Each Bond must continue In effect for fire years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1). Florida Statutes. CONTRACTOR must ensure that the Bond(s) referenced above are recorded In the public records of Miami -Dade County and provide City Manager with evidence of such recording. 2.3A Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent In the State of Florida and having been In business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds In accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation: 71 of 96 5of59 14 CONTRACTOR represents that it has familiarised itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work. and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed Startingthe Bxde-Gt: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract rime commences to run. No Work may 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 Manager. Before Starting Constru 'on: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict. error, or discrepancy which It may discover. Neither OWNER nor CONSULTANT will 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 will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict: error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (S) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR. CONTRACTOR must 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. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there its more than one CONTRACTOR involved In the Project. the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (S) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre -construction conference will be held to review the above schedules. to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project Present at the conference will be OWNER'S representative, CONSULTANT. Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcontractors. Material men and Sun lik iam 2.10 Within five (S) business days after bid opening, the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT for acceptance a list of the names of Subcontractors and such other persons -and organizations (including those who are to furnish principal Items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified In the Contract Documents. Within thirty (30) calendar days after receiving the list, CONSULTANT will notify CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person, or organisation on such list: The failure of the City Manager or CONSULTANT to make objection to any Subcontractor, person. or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective Work material or equipment, or any Work, material or equipment not In conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person or organization fisted, the apparent low Bidder may, prior to Notice of Award. submit an acceptable substitute without an Increase in its bid price. 72 of 96 6of59 112 The apparent silence of the Contract Documents as to any detail. or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will 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 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed In accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a nuKftficadon as defined in Article . 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 must, before proceeding with the Work affected thereby. Immediately call it to CONSULTANTs attention In writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words "furnish" and "furnish and install", "Install", and "provide" or words with similar meaning will 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 properly operating Installation, or usable structure, providing the indicated functions, must be furnished and installed without change In the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, Including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part. and will be approved by CONSULTANT before installation. The above requirement Is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project. and all components of the Work must be Installed or erected In accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations property perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, must be dated and numbered and is Intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, Including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications. ASTM Specifications, various institute specifications, and the like, it will be understood that such reference is to the latest edition Including addenda in effect on the date of the Bid 3.8 Brand names where used In the technical specifications, are Intended to denote the standard or quality required for the particular material or product The term "equal" or "equivalent". when used In connection with brand names. will be interpreted to mean a material or product that Is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function. In the opinion of CONSULTANT, as the material or product so specified Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated In the Work. (When a brand name, catalog number, model number, or other Identification, is used without the phrase "or equal", CONTRACTOR must use the brand make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical Interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSULTANT, prior to performing any work Involving a conflict In the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents. only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a guide. These documents are set forth below In the order of their precedence so that all the documents listed above a given document should have precedence over all the documents rated below it 73 of % (a) Change Orders 7 of 59 (b) Amendments/addenda to Contract (c) Supplementary Conditions, If any (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g} Scaled dimensions (h) Drawings of a larger scale hj Drawings of a smaller scale (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 OWNER will furnish, as indicated In the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise spedfied in the Contract Documents. Other access to such lands or rights -of -way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost Subsurface Conditions: 4.3 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, rimer 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. 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 OWNER/ CONSULTANT on the site or any contiguous site, as well as from Information presented by the Drawings and Specifications made part of this Contract, or any other Information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available Information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work OWNER assumes no responsibility for any conclusions or Interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Waring Site C nditio m 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing, of. 4.4.1 Subsurface or latent physical conditions at the site differing materially from those Indicated In the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent In Work of the character provided for in this Contract The City Manager will promptly investigate the conditions. and if it finds that such conditions do materially differ to the extent as to cause an Increase or decrease In CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required In 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done In writing signed by the City Manager or CONSULTANT. ARTICLE S — INSURA_INCE-Contractor must comply with the Insurance requirements set forth in the Supplementary Conditions to the Contract ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and upWntendence: 6.1 CONTRACTOR must supervise and direct tbq ~L It will be solely responsible for the means, methods. techniques, sequences and procedufjW49construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as If given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must 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 must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of "As -Bulk" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. Labor. Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. k must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat. local telephone, water and sanitary facilities and all other facilities and Incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment must be new, except as otherwise provided In the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels Intact. 6.5 AU materials and equipment must be applied, installed, connected, erected, used, cleaned and conditioned In accordance with the instructions of the applicable manufacturer, fabricator. or processors. except as otherwise provided In the Contract Documents. Work. Materials. Equipment Products and Substitutions: 6.6 Materials, equipment and products Incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated In the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material. article or piece of equipment is Identified on the Drawings or Specifications by reference to brand name or catalog number. it is understood that this Is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material. articl% or piece of equipment of equal substance and function for those referred to In the Contract Documents by reference to brand name or catalog number, and if. in the opinion of CONSULTANT, such material, article, or piece of equipment Is of equal substance and function to that specified. CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or Installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6 4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work. such Work or I aterials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project All such Work must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other 75 of % 9 of 59 agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good tide 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 must be removed or ueinstalled within five (5) business days by CONTRACTOR at his own expense and redeiivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and 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 CONTRACTOR being found in default 6.6.7 In case of default by CONTRACTOR. the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right. In the event CONTRACTOR cannot provide an itern(s) or service(s) In a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor. against whom the City Manager or CONSULTANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or I"rec ly 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 create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may 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 organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings does not control CONTRACTOR In dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 CONTRACTOR must inserted In all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to setde any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If In the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract; Including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation. familial status or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. patent Fees and Ro t es: 6.13 CONTRACTOR must 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. CONTRACTOR must indemnify an ftio larmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Perm 6. I S CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR.. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Li tine: 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations• Y 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. if CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are In accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract including the hiring and retention of employees for the performance of Work thhat would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be Included In the Contract Price shed by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is be responsible for Initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must 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 AD the Work and all materials or equipment to be incorporated therein, whether In storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 610 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTORS Superintendent unless otherwise designated In writing by CONTRACTOR to the City Manager. E 6.21 in emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is obligated to act at his discretion, to prevent threatened damage, Injury or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. ff 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 mff 00 a claim therefore as provided in Articles I I and 12. The City Manager reserves the right, in the City Manager's sole and absolute discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor, Mayor of Miami -Dade County or by the City Manager pursuant to the City Manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shoo Drawjpgs and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review. In accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and Identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no delay In Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which Intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is 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. CONTRACTOR must make any corrections required by CONSULTANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re -submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved In writing by CONSULTANT. A copy of each Shop Drawing and each approved sample must be kept in good order, In a book or binder, In chronological order or in such other order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULTANTs review of Shop Drawings or samples wig not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULTANT, in writing, to each deviation at the time of submission and CONSULTANT has given written approval to the specific deviation, nor may any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27A CONTRACTOR is be liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning UA: 6.28 CONTRACTOR must 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 OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work. from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, CONTRACTOR must. dean his portion of Work involved in any budding under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 619 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the iZ"oT CONTRACTOR. Public Convenience and SAZ 6.30 CONTRACTOR must, at all times, conduct the Work In such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs must be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and In particular, the City of South Miami Police Department. before the street Is closed and again as soon as It Is opened Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanitary visicros: 6.31 CONTRACTOR must provide on -site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not In his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and In EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding Is brought against OWNER or CONSULTANT by reason of any such claim or demand CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The Indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of 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 CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification Is limited to damages caused in whole or in part by any act. omission, or default of CONTRACTOR. CONTRACTOR'S subcontractors, sub -subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Indemnifying party and persons employed or utilized by the €ndemnlr ing party in the performance of the construction contract Rgponsibilky for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously Installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage. paving and any other construction or installations in rights -of - ways of streets, highways, public carrier fines, ut€City lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described In this paragraph 6.36. Upon completion of the Work. CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, staft that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR In obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, In any case. sufficiently early In the construction period to prevent any adverse effect on the Project QnWration with Governments! Qgo rents. Public Utdkie&-Ez= 6.37 CONTRACTOR is responsible for making alLheyeikary arrangements with governmental departments. public utilities, public carriers. service compai ftf" corporations (hereinafter referred to as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables. conduits, poles, guys, etc, including €nc€dental structures connected therewith, that are encountered In the Work in order that such items are properly shored, supported and protected, that their location Is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work. and must pay all charges and fees made by such third parties for their work 6.37.1 CONTRACTOR'S attention is caned to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others In repairing or moving poles, conduits, etc CONTRACTOR must cooperate with the above parties In every way possible, so that the construction can be completed In the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes laws, ordinances, and regulations which In any manner affect those engaged or employed In the Work, or materials and equipment use in or upon the Work. or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his Ignorance thereof. Use Premises: 6.38 CONTRACTOR must 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 Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.3& 1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such weight as wIU endanger its safety, nor may it subject any work to stresses or pressures that will endanger It 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager 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 Manager will designate specific areas on the she for storage, parking, etc and the job site must be fenced to protect the job site and the general public. 6.38.S CONTRACTOR must furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULTANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must Include telephone facilities. Protection of Fadsting Propg= Improvements: 6.38 Any existing surface or subsurface Improvements. such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof). trees and shrubbery. not Indicated on the Drawings or noted in the Specifications as being removed or altered must be protected from damage during construction of the Project Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract ARTICLE 7 - WORK BY OTHERS, 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are patties to such direct contracts (or OWNER. If It Is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work. and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER. CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies In such Work that render It unsuitable for CONTRACTOR'S Work 7.3 CONTRACTOR must do all cutting, fitting and patching of the Work that may be required to make Its several parts come together properly and fit to receive or be received by such other Work CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to starting any such additional Work If CONTRACTOR believes that the performance of such additional Work by OVV%9r others will cause CONTRACTOR additional 14 of 59 expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I l and 12. 7.5 Where prate, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are Impracticable, the Work will require specific approval of CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required In the use of site kcilides and in the detailed execution of the Work Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors Interfere with CONTRACTOWs operations, CONTRACTOR must notify CONSULTANT Immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR's cost 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) In a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the Intent of the Contract ARTICLE 8 — CITES RESPONSIBILITIES, 8. I The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER'S dudes In respect to providing lands and easements are set forth In Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or partially completed pardons of the Work. notwithstanding the fact that the time for completing the entire Work or any pardon thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed In accordance with the Contract Documents. rAA l • I k _ ter. • Y1.L " • � !9W Rep-resentadve: 9.1 CONSULTANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER'S representative during construction are set forth in Articles 1 through 16 of these General Conditions and wig not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANT's decision, in matters relating to aesthetics. will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided In a court of competent jurisdiction within the State of Rorida. Visits to Site: 91 CONSULTANT must provide an Inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding In accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site - observations as an experienced and qualified design professional, he must keep the City Manager Informed of the progress of the Work and must guard OWNER against defects and deficiencies In the Work of CONTRACTOR. -Clarifications and hrternratatiors: 81 of 96 15 of 59 9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents {in the form of Drawings or otherwise) as it may determine necessary, which wig be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or Interpretation, it will be required to submit a timely claim as provided In Articles I I and 12. Mflmmmem of g mi des: 9.4 Ail Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured BW%ft Defective Work: 9.5 CONSULTANT will have authority to disapprove or reject Work that Is "Defective Work! as defined in Article 1. k will also have authority to require special Inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided If CONSULTANT requires testing of completed Work, the cost of such Inspections and/or Nesting must be approved in writing by the City Manager. 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, must paid by CONTRACTOR if the Work is found to be Defective Work. ,Shop_Drawings, Chang@ Orders and nts: 9.6 In connection with CONSULTANT responsibllity as to Shop Drawings and samples, see paragraphs 625 through 6.28. inclusive. 9.7 In connection with CONSULTANTS responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decislons on Pjsagmsmsnts: 9.10 CONSULTANT will be the initial Interpreter of the Construction Documents. Limitations on Consultw s RMonsibilities: 9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs Incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES INTH WORD, 10.1 Without Invalidating the Contract, the City Manager may, at any time or from time to time, order additions. deletions or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an Increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided In Article I I or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicsues their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to Include a time extension In the Change Order or In the request for a change order will result in a waiver of any extension of time due to the change In the work as reflected In the Change Order. 102 CONSULTANT may authorize minor changes or alterations in the Work not Involving extra cost and not Inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Reid Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANTS Field Order would entities CONTRACTOR to an Increase In the Contract Price or extension of Contract Time, it must submit a written notice of Intent to demand a Change Order within twenty-four (24) hours of the Issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. 82 of 96 16of59 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle k to an Increase In are Contract Price or an extension of the Contract Time, except in the case of an emergency as provided In paragraph 6.21 and except as provided in paragraph 10.2. 10.4 The City Manager will execute appropriate Change Orders prepared by 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 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10.5 k Is CONTRACTOR`S responsibility to notify Its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work The Work will be stopped until CONTRACTOR provides such proof of adjustment In the Bond amount and any such delay will be charged to CONTRACTOR. 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work AO duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. III The City Manager may, at any time, without written notice to the sureties, by written order designated or Indicated to be a Change Order, make any change in the Work within the general scope of the Contract, Including but not limited to changes to or In: 11.2.1 Specifications (ncluding drawings and designs); 11.22 Method or manner of performance of the Work 11.2.3 OWNER -furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work 11.3 Except as provided in this section, or sections referred to in this section, no order. statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for In a written Change Order, or as otherwise provided In another section of the Contract Documents. 11.4 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease In CONTRACTOR'S cost of. or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. I I .S If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULTANT a written notice Including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time excension requested and supporting data. In determining the cost of the Change Order. the costs will be limited to those listed in section 11.7 and I I.S. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder" be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an Increase or decrease In the Contract Price will be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change In the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSULTANTS determination of reasonable costs. the CONTRACT must provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to In writing by City Manager, such costs must be In amounts no higher than those prevailing In Mlami- Dade County and may only include 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 Manager and CONTRACTOR. Payroll cosh for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work Payroll costs must be limited to: salaries and wages, plus the costs of fringe benefits which may Include social security contributions, unemployment, excise and payroll taxes, workers' compensation. health and retirement benefim sick leave, vacadoa Ulpoliday pay applicable thereto. Such employees may Include superintendents and foremen F;tp90h . The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included In the above only if authorized by OWNER and provided It was not In any way, whether In whole or In part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due In whole or In part to Defective Work of CONTRACTOR. 1 I .&2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required In connection therewith. CONTRACTOR must notify the City Manager of all rash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for Items that offer a discount Cash discounts will accrue to CONTRACTOR unless CONTRACTOR falls to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. K required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor Is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading. Installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment. machinery or parts must cease when the use thereof is no longer necessary for the Work 11.85 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities. fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site. expressage and similar petty cash items In connection with the Work 11.8.9 Cost of premiums for additional Bonds and Insurance required solely because of changes In the Work, not to exceed two percent (2%) of the increase in the Cost of the Work 11.9 The term "Cost of the Work" does NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators. lawyers, agents, expediters, timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically Included in the schedule referred to in Subparagraph I I.S. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses. including Interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.95 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, Including but not limited to, the correction of defective work disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Ocher overhead or general expense costs of any kind and the costs of any item not specifically and expressly included In Paragraph I I.B. 11.10 CONTRACTOR`S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10 2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to 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 I I.S. When both addlkd credits are Involved Irk any one change, the net wiq 0 be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed NAtIOAAA PAM I J!!-:i i [�) Z-4 -A Colfl a J •i y &AL 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work 12.2 CONTRACTOR must 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 CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein Is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing In the locality of -the Work No extension of time will be granted due conditions that 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 CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above -stated liquidated damages will apply separately to each phase of the Project for which a time for completion Is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension In the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (S) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim Including supporting data. All claims for adjustment In the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated In a written Change Order. 12.S All time limits stated in the Contract Documents are of the essence of the Contract 12.6 No damage claim for delay is allowed and CONTRACTOWs sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of Inclement weather wig not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is. documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether Individually or cumulatively, and then the damages Will 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 will be limited to an extension of time as provided for In Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Otter than as set forth above, CONTRACTOR will not be entitled to an Increase in the Contract Price or payment or compensation of any kind from OWNER for direct indirect, consequential, Impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption. Interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager In writing on or before the 21 st day foikswing 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, CONTRACTOR and the city department responsible for the administration of the Contract will 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 CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project ARTICLE 13 — GUARANTEE. 19 at599 of 59 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or 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 Rnal Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if Issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for patent Defective Work„ CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Rnal Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last. for latent Defective Work The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should 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 Manager 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 CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will 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. will take precedence, over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager'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 CONTRACTOR. the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and 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 B= nts to Contractor 14.1 CONTRACTOR will 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 City Manager of a "purchase order", or any other document, does not and will not authorize the commencement of the Work At least ten (10) calendar days before each progress payment fags due (but not more often than once a month), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must 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 hen 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 must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNEWs title to the material and equipment as well as cerdficates 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. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before Installation. 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 esdmatee to the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment M%te. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial paSi t otimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contras Documents. Any Interest earned on the retalnage will accrue to the benefit of OWNER 141 CONTRACTOR, before it receives final payment, must deliver to the City Manager a Contractor's Final Payment Affidavit as set forth In the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or Indirectly, which was Incorporated into the Work If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of Items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch fist of items that need to be completed and, within S days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. if the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and If it Is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure and phase. [See Sec. 2SS.07, Fla. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of f Tile 14.3 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, will have passed to OWNER prior to the making of the Application for Payment, free and dear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Llens*); and that no Work. materials or equipment, covered by an Application for Payment, will have been acquired by 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 CONTRACTOR or such other person. Approval of Payment 14.4 CONSULTANTs approval of any payment requested in an Application for Payment vnD constitute a representation by him to OWNER, based on CONSULTANT's 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 CONTRACTOR is entitled to payment of the amount approved. However. the approval of such payment does not mean and may not imply that CONSULTANT 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 has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him. or that title to any Work, materials► or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used In the construction of this Work or, as to materials included in the request for payment that have not yet been Incorporated Into the construction. such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds yrn t from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACRf�ent until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR In accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment Is entered In favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment Nothing contained herein will Indicate an Intent to benefit any third persons who are not signatories to the Contract. 14.6 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 OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment Is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.65 OWNER 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 dean 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 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, City Manager. with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not Interfere with CONTRACTOR's completion of the Work Such use will not constitute an acceptance of such portions of the Work 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, Including the retained percentages, but except such sums as may be lawfully retained by OWNER, will be paid to 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 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, City Manager will provide 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 a -mail, or fax, which notifies CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions. r-ce%mce o1final Payment as Rele e 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work Any payment. however, final or otherwise, will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect 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 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. Be of 96 22 of 59 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Rnally 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 CONTRACTOR BY 20% In the case of Substantial Completion and 5% in the case of Rnal Completion. 14.12.4 there Is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR BY 20% In the case of Substantial Completion and S% In the case of Rnal Completion. 14.13 If CONSULTANT de -certifies any portion of the Work that was certified ("Initial Certification") by CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re -certified ARTICLE IS — SUSPENSION OF WORD AND TE MINATLQN. 15. I The City Manager 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 CONTRACTOR and CONSULTANT, which will fix the date on which Work will be resumed Except for the City Manager's exercising his right to suspend or terminate the contract pursuant to Article 6. Section 6.21 due to a state of emergency, CONTRACTOR will 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. QU ty Terminate 15.2 If 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 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 falls to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or If he disregards the authority of CONSULTANT. or If he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notim terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method It may deem expedient In such case CONTRACTOR wI0 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 will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and Incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been Issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 15.4 Upon seven (7) calendar days' written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination. minus any deduction for damage or Defective Work No payment wfil be made for profit for Work which has not been performed 1 SAA OWNER reserves the right in the event 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 Removal of FAulpment I S.S In the case of termination of this Contract before completion for any cause whatever. CONTRACTOR, if notified to do so by the City Manager, must remove any part or all of its equipment and supplies from the property of OWNER. Should COAYMIOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part Contractor May Stop Work or Terminate 15.6 If, through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority. or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER. the Contras will not be considered terminated. In lieu of terminating the Contract. if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said. CONTRACTOR may upon ten (10) calendar days' notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of lndeuendent Consultant, 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER. CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSULTANTs request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision In this regard before CONSULTANT makes an interpretation, de -certifies a payment application, deeerdfies Substantial Completion, decerdfies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTIC 16 — MISCELILANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will 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 Contact Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without Cmitation, the warranties. guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or 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 must be made In writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIM.» 17.1 OWNER and CONTRACTOR knowingly, Irrevocably voluntarily and Intentionally waive any right either may have to a trial by jury In State or Federal Court proceedings in respect to any action. proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES 1URIS01MONIVENUE 1 GOVERNING UM 18. I The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contact Is in Miami -Dade County, Ronda. 18.3 Except as may be otherwise provided In the Contract Documents, all claims, counterclaim disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to this " of 96 24 of 59 Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PRO1991 I&FCORDS, 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project CONTRACTOR will retain and make available to City Manager 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 must provide City Manager access to its books and records upon five (S) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must 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 confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency: and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract the contractor must 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 must 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 193 If CONTRACTOR or its subcontractor does not comply with a public records request, the City Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is 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 — SEVERARIL17M 20.1 If any provision of the Contract or the application thereof to any person or situation I% to any extent, 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 Is held Invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 — INDEPENDENT ONTRACTO- R. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees. or agents of 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 must be those of CONTRACTOR. ARTICLE 22 —ASSIGNMENT, 91 of 96 25 of 59 22.1 CONTRACTOR may 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 Manager will not unreasonably withhold and/or delay OWNER'S consent to the assignment of CONTRACTOR's rights. The City Manager may, in the manager's sole and absolute discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any event. OWNER is not obligated to 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 OWNER's requirements to the City Manager's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 — FORCE MAJEURE, 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeur% acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. IN WITNESS WHEREOF, the parties hereto av executed the Gene Conditions to acknowledge their inclusion as part of the Contract Documents on this ay of rt , 20_40 / �+ CONTRACTOR: Signature: Print Signatory's Name: AA -Jr, 2 )d) /( Tide of Signatory: O'r'*SJ jj> — ATTESTED: OWNER: C=SOUTMI//'�� �Signature: Signature:j= « r Nken A. PAe Shari Karnali City Clerk Q City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Attorney 92 of 96 26 of 59 EXHIBIT 8 Supplementary Conditions CONSTRUCTION CONTRACT TENNIS COURTS & PARKING LOT LIGHTING AT DANTE FASCELL PARK" RFP #PR2020-13 A. Consultant: In accordance with ARTICLE I of the General Conditions the consultant (CONSULTANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER's designated representative as identified in the Supplementary Conditions. CONSULTANTS, if any, and OWNER's Designated Representative's name, address, telephone number and facsimile number are as follows: Consultant SRS ENGINEERING, INC. 5001 SW 74 Court Suite 201 Miami, FL 331 SS-4453 Ph: 305/662-8887 Fax:305/662-8858 B. Termination or Substitution of Consultant Nothing herein will prevent the City Manager from terminating the services of CONSULTANT or from substituting another "person" to act as CONSULTANT. C. Plans for Construction: The successful CONTRACTOR will be furnished sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to 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 EXHIBIT I Attachments A B & C to the RFP and if there is a conflict the attached Exhibit will take precedence- E. Contractor must comply with the insurance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in 90 calendar days unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. G. CONTRACTOR has reviewed and checked all information and dam with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work It is agreed by the parties that no additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that It has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. IN WITNESS WHEREOF, the partieshereto have ecuted a Supple entaryCondlialcInsto acknowledge their inclusion as part of the Contract on this day ofI.eQ 1/<1 .20 /, / (� CONTRACTOR: rai/nl o�ti�Tr ecf /L) JrNIi� a k, Signature: Print Signatory's Name: (/� ,hQa�,/ Tide of Signatory: V r•i ✓/lj 93 of 96 27 of 59 ATTESTED: OWNER: CITY OF SOUTH MIAMI -, n • SignaSignature:t-*W _ Signature: � � S(gnature: � QC _ Nkei ga A p e Sh Kamal( City Clerk City Manager Read and Approved as to Form, Language, Legality, and Executiorijhereof: City Attorney 94 of 96 28 of 59 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A TENNIS COURTS & PARKING LOT LIGHTING AT DANTE FASCELL PARK" RFP #PR2020-13 I. GENERAL REQUIREMENTS: All work is to be done in accordance with requirements, guidelines and regulations included in the State of Florida Building Code, the City of South Miami Land Development Code and all applicable ordinances of Miami -Dade County and the City of South Miami. The work specified in the above referenced Request for Proposal (RFP) consists of furnishing all goods, materials, supplies and services to perform the work described in the RFP (the Work). The Work is to be performed in accordance with the specifications and the contract documents. The Work includes, but is not limited to keeping the project site clean and safe, the furnishing all labor of Contractor and the labor of all allowable subcontractors, the cost of dumpster(s) and of disposal of materials as well as the cost of all engineering and architectural plans, drawings, technical specifications and permits, all necessary equipment, including rental equipment machinery, tools, transportation, freight, the coordination with any other City contractor, subcontractor and utility companies (i.e. power, gas, water), construction safety measures including erecting fencing and cones, root pruning, sod restoration at affected areas to the City's satisfaction, cleaning the construction siter at the end of each working day, maintenance of traffic, and hiring of off - duty City police officer if required by the City and to perform all of the Work that is necessary to provide a completed project that meets all of the needs described in this SCOPE OF SERVICES. Prior to any digging, Respondents must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that they can mark the approximate location of underground lines, pipes and cables on construction site. Permit fees (not taxes) are waived for permits issued by the City of South Miami. Taxes, and if required, permit fees from other government entities, are the responsibility of the Contractor. However, in all cases, it is the responsibility of Contractor to obtain all licenses and laboratory tests and to prepare all engineering and architectural plans, drawings, and technical specifications in order to secure any and all permits required to complete this contractual servicelproject. The Contractor is responsible, at their cost, to prepare and deliver as built drawings under seal of a licensed architect or engineer at the conclusion of the Work. I1. SCOPE OF WORK: The City is soliciting proposals from highly qualified firms for the successful construction and installation of new LED lighting for six (6) tennis courts, new parking lot lighting, and new gates for the south and north entry/exit approaches at Dante Fascell Park, as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachment A.. Review enclosed specifications, contract documents and engineering construction plans. Respondent is required to follow all federal, state anYrocal codes. III. SITE LOCATION: The project is located at the City of South Miami's Dante Fascell Park located at 8700 SW 57 Avenue, South Miami, FL, 33143 IV. PROJECT DURATION: After permits have been secured/approved (if required), the time to complete this project is ninety (90-) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. Work activity is limited to the hours from 7.00 a.m. through 5:00 p.m., on weekdays, Monday through Friday Section 7-15 and 7-16 of the City's Code of Ordinances. V. PRICING: Proposal pricing shall be submitted in a "Lump Sum" by completing Exhibit 3 "Respondents Bid Form." Pricing submitted in Exhibit 3, shall include Option A. Lump Sum Proposal for the entire project. "Respondents Cost and Technical Proposal," Exhibit 4, shall include pricing for Option B. a separate cost bid for construction and installation of new LED lighting for six (6) tennis courts ONLY. as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachment A, B & C. it is the intention of the City to award this project to a single Respondent, however the City retains the right to choose either Option A or Option B for the award. VI. SCHEDULE OF VALUES: Values utilized for the purpose of this RFP are approximate. Respondent is responsible to field verify the areas, and quantities as per the limits defined by the site plan. WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT I. SCOPE OF SERVICES, ATTACHMENT B. RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES" FORM. WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES FORM," THE RESPONDENT SHALL CARRY THE TEN (10%) PERCENT CONTINGENCY IN THEIR TOTAL BASE BID. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE "LUMP SUM" AMOUNT SUBMITTED, OPTION A: OR OPTION B AS DESCRIBED IN SECTION V. PRICING. "CONSTRUCTION AND INSTALLATION OF SIX (6) TENNIS COURT LIGHTING SYSTEMS." VI1. PLANS & SPECIFICATIONS: Plans & specifications are included as Exhibit 1, Scope of Services, Attachment C, "Construction Plans and Specifications." Respondents shall refer to the specifications identified in the plans for the Tennis Court and Parking Lot Lighting Systems. Respondents shall quote the following: 30 of 59 • Tennis Court Lighting Systems manufactured by Musco Lighting or an "equal to" substitute. • Parking Light Lighting Systems manufactured by Gardco Lighting or an "equal to" substitute. NOTE: The City will make the sole determination if an "or equal to" substitute quoted by a Respondent is acceptable for this project. Vill. BUDGET: The City's Adopted Capital Improvement Program Budget for FY-2020 is $250,000 for this project IX. WARRANTY: Respondent/Contractor should include the following with their bid: Applicable warranty and/or guarantees of all material and labor, including: • any conditions; and • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • life expectancy of LED lighting under normal use; and • Failures during the warranty period shall be repaired or replaced to the satisfaction of the City; and • the term of the warranty. At a minimum, Respondent/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (1) year. The standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment shall be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. SPECIAL NOTE A Performance and Payment Bond is NOT required for this project. END OF SECTION 31 of 59 EXHIBIT SCOPE OF SERVICES ATTACHMENT B TENNIS COURTS & PARKING LOT LIGHTING AT DANTE FASCELL PARK" RFP #PR2020-13 "SCHEDULE OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENTS PROPOSAL UNRESPONSIVE 32 of 59 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL TENNIS COURTS & PARKING LOT LIGHTING AT DANTE FASCELL PARK" RFP #PR2020-13 NOTE- PROPOSED PRICES ARE IN ACCORDANCE WITH EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENTS A, B, & C OPTION A: LUMP SUM FOR THE ENTIRE PROJECT SHALL MATCH THE LUMP SUM PRICE SUBMITTED IN EXHIBIT 4, "RESPONDENTS BID FORM." ITEM NO. ITEM DESCRIPTION UNIT EST. QTY UNIT COST TOTAL COST Site Preparation: I Mobilization L.S. $ $ 300b 2 Demolition LS. $ $ 1000 3 Restoration and Sodding SY $ �' $ Sub -Total $ �Gi 7nr— Tennis Court Lighting: Musco Lighting System or Equal Substitute 4 Tennis court lighting package (poles, brackets, fixtures, contactor cabinet) LS $ $ 1gi .sSv 5 Electrical service upgrade LS $ $ S 6 Electrical panel replacement LS $ $ S 7 New electrical panel LS $ $ D 8 Hand -holes LS $ $ d 9 Tennis court branch circuit wiring LS $ $ 3 a xp- 10 Pole installation LS $ $ O Sub -Total $ 2-)b V�0— Parking Lot Lighting: Gardco Lighting System or Equal Substitute I I Parking lot lighting - GARDCO or equal substitute LS $ fib. 12 Parking lot branch circuit wiring LS $ 00 Sub -Total Lh 8 Lis= -MT Gates and Concrete Slab 13 North Gate EA. $ $ 5:Ue — 14 South Gate EA. $ $ 521'as— I5 Concrete walkway (6" thick) S.F. CJ(3 $ 150 — $ �75bb Sub -Total $ Total $� D 16 Contingency Fund (10% of subtotal amount $ Z 17 Permits & Fees $ — 18 Survey Plan $ s 0 19 As -built Drawings $ S0 OPTION A - TOTAL LUMP SUM PROJECT COST: $ 32 Z OPTION B: CONSTRUCTION AND INSTALLATION OF NEW LED LIGHTING FOR SIX (6) TENNIS COURTS: OPTION B; TENNIS COURT QTY UNIT COST TOTAL COST LIGHTING SYSTEM I Mobilization LS. $ $ 3oov 2 Demolition LS_ $ $ \DOD 3 Restoration and Sodding SY $ $ 4 Tennis court lighting package (poles, brackets, fixtures, contactor cabinet) LS $ $ SD 5 Electrical service upgrade LS $ $ SS00 6 Electrical panel replacement LS $ $ 5S00 7 New electrical panel LS $ $ S1DO / 8 Hand -holes LS $ $6 0/ 9 Tennis court branch circuit wiring LS $ $ 3� i 10 Pole installation LS $ $ e-: ausi I I Contingency Fund (10% of subtotal amount) LS $ $ 11 r 12 Permits & Fees LS $ $ 0 13 Survey Plan LS $ $ S b 14 As -built Drawings LS $ SU�' OPTION B TOTAL COST SUBMITTED THIS ?q DAY OF 20 �o PROPOSAL SUBMITTED BY: ,,G-LrrAI Cpa}'nr+d is cc Tic— 305- 5S6-00W Company/ Telephone Number i^.hnr 1>> 1%:z)r4ri kjj f} Name of Person Autho^';5d to Submit Proposal Fax Number 4/( ✓�I EC-$ Signature Email Address Af I rITt- Title END OF SECTION 65i?Z�9 SCHEDULE OF VALUE$ RFP PR2020-13 Tennis Court & Parking Lot Lighting at Dante Fascell Park ITEM NO. ITEM DESCRIPTION UNIT EST. QTY UNIT COST TOTAL COST Site Preparation: I Mobilization LS. $ $ ?SbOQ' 2 Demolition LS. $ $ 1 voo ' 3 Restoration and Sodding SY 10 $ 111" $ "VDi Sub -Total $ g � Tennis Court Lighting: Masco Lighting System or Equal Substitute 4 Tennis court lighting package (poles. backers. su fisres, contactor .bin.) LS $ $ 1 a71 II S Electrical service upgrade LS $ $ SSbo ' 6 Electrical panel replacement LS $ $ SSOD — 7 Nev electisal panel LS $ Ise, IDb S Hwd-holes LS $ $ �U r 9 Tennis court branch circuit wiring LS $ $ 3 'I ;y ' 10 Pole Insallation LS $ $ Sub -Total S Parking Lot Lighting: Gardw Lighting System or Equal Substitute 13 Parking lot lighung- GARDCO or equal substitute LS s P-L7 bbQ — 14 Parking let branch circuivwiring LS $ at. UoD— $ab-Taw Lj1.ODD— Gates and Concrete Slab 15 North Gate EA 3 $ 16 South Gat. 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B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must 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; (Q claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must 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 Haurdfg-overage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPUCABL,E: A In the event that this contract involves the construction of a structure, FIRM must 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 must 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 must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is 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 must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must 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 must contain a "severability of interest" or "cross liability' clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRMS duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must 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 must be rated AVII or better per AM. 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 must include the declaration page and all required endorsements. In addition, the FIRM must 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 must 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 endorsemerkiv9kh%ubstantially similar provisions as follows: "This policy must 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 must be delivered to the City by certified mail, with proof of delivery to the City." C� 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 must 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 becomes 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 must 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 may be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM 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 FIRM or anyone acting through or on behalf of FIRM. B. FIRM must 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 attorneys fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, 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 FIRM's obligations under this AGREEMENT. C. FIRM must 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 FIRM, 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 FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, 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 FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM 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 must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OFS§181-0 N EXHIBIT 3 TENNIS COURTS & PARKING LOT LIGHTING AT DANTE FASCELL PARK" RFP #PR2020-13 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Karnali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachment A, 8 & Q for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for I8D calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. t1a � Dated: , S..i-. )N .202D b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre -bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondents bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumegeEppsibility for the accurate location of all Underground Facilities and conditions that may affect e Work No additional examinations, investigations. explorations, tests, reports or similar information or dam in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically sates that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result In a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, EXHIBIT 4 as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: OPTION A: LUMP SUM BASE PRICE: ��,__ dollars and IJA cents Alternates: #1 _�0-7 #2 A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non -responsive. S. The ENTIRE WORK for the project In accordance with Exhibit 1, Scope of Service, must be completed, in full, within 90 calendar days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Respondents Cost & Technical Proposal, EXHIBIT4, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Bid Form, and are made a part of this proposal, by reference. (9440.0 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct SUBMITTED THIS _.�Y DAY OF irt, Iw zoa0 . Tres �'J� Title -�0 S- SS6- 00L)/ Telephone NumbZ) Fax Number E(S .T.)c --)6- Q Ji0 L. COM Email Address END OF SECTION actff9p EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL TENNIS COURTS & PARKING LOT LIGHTING AT DANTE FASCELL PARK" RFP #PR2020-13 NOTE: PROPOSED PRICES ARE IN ACCORDANCE WITH EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENTS A, B, & C OPTION A: LUMP SUM FOR THE ENTIRE PROJECT SHALL MATCH THE LUMP SUM PRICE SUBMITTED IN EXHIBIT 4, "RESPONDENTS BID FORM." ITEM NO. ITEM DESCRIPTION UNIT EST. QTY UNIT COST TOTAL COST Site Preparation: I Mobilization LS. $ $ 30ob 2 Demolition LS. $ $ l b o U. 3 Restoration and Sodding SY $ �) $ Sub -Total $ Tennis Court Lighting: Musco Lighting System or Equal Substitute 4 Tennis court lighting package (poles, brackets, fixtures, contactor cabinet) LS $ $ Igo .ssv 5 Electrical service upgrade LS $ $ 6 Electrical panel replacement LS $ $ Q 7 New electrical panel LS $ $ I) 8 Hand -holes LS $ $ Z b' 9 Tennis court branch circuit wiring LS $ $ 3 .)- to 10 Pole installation LS $ $ )-5 O Sub -Total $ 2�C) mom Parking Lot Lighting: Gardco Lighting System or Equal Substitute I I Parking lot lighting - GARDCO or equal substitute LS $ fib_ b0o- 12 Parking lot branch circuit wiring LS $ �l 00 Sub -Total LIB 6 Gates and Concrete Slab 13 North Gate EA. $ $ 5 ZL ' 14 South Gate EA. $ $ 521'aS — I5 Concrete walkway (6" thick) S.F. LJ(� $ 15 D' $ %Sb0 Sub -Total $ Total $� D 16 Contingency Fund (10% of subtotal amount $ Z i 17 Permits & Fees $ O 18 Survey Plan $ 50 ' 19 As -built Drawings $ 50— OPTION A - TOTAL LUMP SUM PROJECT COST: $ 31a Z OPTION B: CONSTRUCTION AND INSTALLATION OF NEW LED LIGHTING FOR SIX (6) TENNIS COURTS: OPTION B; TENNIS COURT QTy UNIT COST TOTAL COST LIGHTING SYSTEM I Mobilization LS. $ 5 �DbO 2 Demolition LS. $ $ \ U 0 p 3 Restoration and Sodding SY $ $ I-) On D 4 Tennis court lighting package (poles, brackets, fixtures. contactor cabinet) LS $ $ S� 5 Electrical service upgrade LS $ $ SS�D 6 Electrical panel replacement LS $ $ 500 7 New electrical panel LS $ $ 8 Hand -holes LS $ $6 0/ 9 Tennis court branch circuit wiringLS $ $ 3� i TIOPole installation LS $ $ `l LIL I I Contingency Fund (10% of subtotal amount) LS $ $ Z� q 1 12 Permits & Fees LS $ $ 0 13 Survey Plan Ls $ $ 14 As -built Drawings 1.S $ SUS OPTION B TOTAL COST $ SUBMITTED THIS DAY OF �h )4 20 i PROPOSAL SUBMITTED BY: AI Company Can, I>, ri Name of Person Authorized to ubmit Proposal Signature jo^r1i 0/1y1 Title 3o15- 5S4-011,/ Telephone Number Fax Number Email Address END OF SECTION 658o§fA9 SCHEDULEOFVALUES RFP PR2020.13 Tennis Court & Parking Lot Lighting at Dante Fascell Park ITEM NO. ITEM DESCRIPTION UNIT EST. CITY UNIT COST TOTAL COST Site Preparation: I Mobilization LS. Is E jbb0 — 2 Demolition LS. f E 1 two � 3 Restoration and Sodding SY -10 I f ^11^ $ —g1 Sub -Total $ Tends Court Ughdng* Musco Lighting System or Equal Substitute 4 Tennis court lighting Package (Poles, brackets. fixtures, contactor mbine[)J LS $ E J 5 Electrical service upgrade LS E $ 5500 — 6 Electrical Panel rephcent em LS S S r S50o 7 New electrical panel LS S E 0 / 8 Fhnd-hoics LS $ $ -;k, uv 9 Tennis court branch circuitwinng LS 10 Pole installation LS S $ �SG'VO— Sub-Total S aZ� O Parking Lot Lighting,. Gardw Lighting System or Equal Substitute 13 Parking lot lighting - GARDCO or equal substiww U $ ;;Q2 (JQo— i, Parking tat branch circuit wiring LS $ a 1 . boo I Eub-Total 9 1. boo Gates and Concrete Slab 15 Norrh Gue FA S r' $ S:Lvs " 16 South Gate EA $ $ lj-k t S- 17 Concrete Wkway(6' thick) S.F. $ E I��/ Sub -Tool $A ?41,Ngo Total E Contingency Fund 00% of subtotal amount) S Permits & Foes $ D Surrey Plan f S U — As -built Drawings $ SQ TOTAL LUMP SUM PROJECT COST* S le.)SoutMiami THE CITY OF PLEASANT LIVING REFERENCE CHECK TO: Monroe County / Contact Person: Suzi Rubio, Executive Assistant to Kevin Wilson PROJECT: Furnish, supply and install new LED lighting at Dante Fascell Park's tennis courts and parking lot. FIRM: Electrical Contracting Services, Inc. / Contact Person: Charles Floyd, President DATE: Monday, August 3, 2020 You were given as a reference by: Electrical Contracting Services. It would be appreciated if you could complete, sign and date the questionnaire and return it via email to the sender as soon as possible. 1. Please briefly describe the work scope/project details that Electrical Contracting Services was responsible for at Monroe County (new poles, fixtures, etc.)? Installation of MUSCO ballfield lighting for hurricane repairs at Big Pine Key Community park and Harry Harris Park. Also repaired pathway and parking lot lighting including installation of poles and rewiring of all lighting. Please rate questions 2 through 4 from one (1) lowest to three (3) being the highest. 2. How satisfied were you with qualifications, experience and professionalism of the firm's personnel, subcontractors and agents in completing the contract requirements? (Circle One) 1 2 3 3. Did the firm keep you updated and informed about the progression of the work, particularly when special needs or problems arose? (Circle One) 1 2 3 4. Please rate the firm's quality of work performed. (Circle One) 1 2 3 1 79 Southkiami THE CITY OF PLEASANT LIVING S. Were projects completed within established timeframes/on-time? Yes / No 6. Were there any change orders associated with your project? Yes / No 7. If you had a similar project to undertake in the future, would you consider Electrical Contracting Services to perform the work again based on performance? Yes / No 8. Is there anything we should know while evaluating Electrical Contracting Services? Name: Suzi Rubio Date: 08/ 3 /2020 Title: Executive Assistant to Kevin Wilson Signature:�GLr 2� 2 M Southkiami THE CITY OF PLEASANT LIVING REFERENCE CHECK TO: Village of Pinecrest / Contact Person: Robert Mattes, CPRP PROJECT: Furnish, supply and install new LED lighting at Dante Fascell Park's tennis courts and parking lot. FIRM: Electrical Contracting Services, Inc. / Contact Person: Charles Floyd, President DATE: Monday, August 3, 2020 You were given as a reference by: Electrical Contracting Services. It would be appreciated if you could complete, sign and date the questionnaire and return it via email to the sender as soon as possible. 1. Please briefly describe the work scope/project details that Electrical Contracting Services was responsible for at Coral Pine Park? Electrical Contracting Services installed new athletic field and tennis court lighting within multiple park locations in the Village of Pinecrest. Please rate questions 2 through 4 from one (1) lowest to three (3) being the highest: 2. How satisfied were you with qualifications, experience and professionalism of the firm's personnel, subcontractors and agents in completing the contract requirements? (Circle One) 1 2 0 3. Did the firm keep you updated and informed about the progression of the work, particularly when special needs or problems arose? (Circle One) 1 E 4. Please rate the firm's quality of work performed. (Circle One) 1 2 0 0 S. Were projects completed within established timeframes/on-time? 1 A Southkiami THE CITY OF PLEASANT LIVING 6. Were there any change orders associated with your project? Yes / No 7. If you had a similar project to undertake in the future, would you cCD Electrical Contracting Services to perform the work again based on performance? / No S. Is there anything we should know while evaluating Electrical Contracting Services? Electrical Contracting Services were very easy to work with. They developed an actionable plan and came ready to complete the work in a timely manner. Name: Robert Mattes. CPRP Date: 08/ 5 /2020 Title: Parks and Recreation Director Signature:��� 2 FYI Atkins -McGuire, Elisha From: Donna Kass <kass@ustaflorida.com> Sent: Thursday, February 7, 2019 1:18 PM To: Parks Subject: Lights at Dante Fascell Park Benny Carroll mentioned there is a chance of getting lights installed at Dante Fascell Park. That would be fabulous! I coordinate the USTA Leagues in Miami -Dade County. We had over 4700 players involved in our leagues in 2018. This season alone (beginning in January), we have 63 teams playing at night. Our night leagues play every night, so if there is a question of need, look no further. Currently we only have 19 facilities with evening access. If you have any other questions, feel free to contact me! Thank you. Leagues Coordinator, Region H, South Miami -Da& "N10111'0e Kass a�ustaflorida.com 40 54S-894o Mt. 1408 o 401-95,5-4022 C E '1'.:3: o-'i 1., ::... Facebook Twitter ' YouTube 83 Atkins -McGuire, Elisha From: Eric Carpenter <eric.r.carpenter@gmail.com> Sent: Thursday, February 7, 2019 3:01 PM To: Parks Subject Lights at Dante Fascell tennis courts Good afternoon: I hope as you develop your upcoming budget, you will consider adding lights to the Dante Fascell tennis courts. This is a great facility, but in the winter the days are too short to make much use of it during the week. By the time anyone gets off work, it is too dark to play. I hope you will consider making this improvement. Best, Eric Carpenter 84 Atkins -McGuire, Elisha From: Shawn Crews <shawndcrews@gmail.com> Sent: Thursday, February 7, 2019 4:20 PM To: Parks Subject: Dante lights I play often at Dante and the addition of lights for the tennis courts would be great. With today's technology there would be no impact on the neighbors. The city could charge more and the lights could eventually pay for themselves. I hope the city will strongly consider. Thanks Shawn D. Crews 305:992-6513 Sent from my iPhone 85 Atkins -McGuire, Elisha From: Maximilian Grisar I LA SIESTA <maximilian.grisar@lasiesta.com> Sent: Thursday, February 7, 2019 4.42 PM To: Parks Subjec.: light @ dante fascell teniis Hi, You cannot believe how excitement my wife, my kids and my friends become to have the opportunity to get lights at dante fascell Tennis Courts. In fact we're looking to buy a house. Having the possibility to get lights at dante fascell will definitely influence our decision towards this neighborhood. We would very much appreciate if you can make it happen. Thanks, Maximiliam Grisar! CEO of Relaxation LA SEAT 4 Inc 13325 N W 791h Avenue I Miami. Flofida 33122-' 332 1 USA 78610' 138 x 2027 1 786-491-1139 (fax) • facebook 1 • ouV tune instaaiam lasiesta corn 9M Atkins -McGuire. Elisha From: Scott Berger <scott@mdrsearch.com> Sent: Thursday, February 7, 2019 5:37 PM To: Parks Subject: Dante Fascell Lighting would be fantastic Please put lights in. Scott Berger South Miami/Pinecrest resident Sent from my Whone Sent from Gmai) Mobile for Wad, please excuse typo's Scott Berger MDR Healthcare Search 87 Atkins -McGuire, Elisha From: Pam <pam@thelabmiami.com> Sent~ Thursday, February 7, 2019 6:05 PM To: Parks Subject Re: Dante Park I would love if you added lights to the tennis courts in Dante Facel Park. I play tennis once a week, have made great friends and go with my son regularly. Thanks for your consideration Pam ::I Atkins -McGuire, Elisha From: PASCAL ALVAREZ <juanpascalalvarez@hotmail.com> Sent: Thursday, February 7, 2019 8:07 PM To: Pa rks Subject: Tennis at Dante Fascell Park Good evening, I am writing to express my wish to be able to play tennis at Dante Fascell Park at night and this would very much like fights to be installed there. I am not part of the lucky ones that end work early and cannot play during the week due to.the absence of lights... Thank you very much. Best regard, J. Pascal Alvarez Sent from my iPhone Atkins -McGuire, Elisha From: Daniel Simon <dsimon@newfcap.com> Sent; Thursday, February 7, 2019 9:12 PM To: Parks Subject: Tennis lights Hi i live in south miami and love playing tennis. We use the tennis courts a lot and would support having lights to paay a little later as many people work during the day. Thanks Email secured by Check Point .0 Atkins -McGuire, Elisha From: olivier karsenti <okarsenti@gmail.com> Sent: Saturday, February 9, 2019 4:37 PM To: Parks Subject: Lights for tennis Courts at Dante Fascell - a great idea Dear Madams and Sirs, I am, Olivier Karsenti, a South Miami resident and regular tennis player at Dante Fascell Park and I would like to share with you how much I would enjoy having lights for these courts. That would really not only enhance our pleasant living but our tennis practice and at the most help us increase our level. Thank you in advance for considering that request. All the very best, Olivier Karsenti 91 Atkins -McGuire, Elisha From: Boaz Ashbel < BAshbel@aztecgroup.com > Sent: Monday, February 11, 2019 11:02 AM To: Parks Subject: Dante Fascell Park Ladies & Gentlemen, As a long time and avid tennis player, I'm very frustrated that we have such limited access to these great courts due to lack of lighting. As a working person, I'm unable to play at all during the week since it is dark by the time I get off work. I highly encourage the City to install lighting so the residents can enjoy these courts throughout the year. Thank you for your consideration. Boaz Ashbel Managing Director Aztec Group, Inc. 2665 S. Bayshore Drive, PH - 2A Miami, FL 33133 (305) 938-8617 Direct (305) 804-8000 Cell Email: t_ashbel@aztecgroup.com Web: v%-ww.aztecgroup.com Investment & Merchant Bankers to the Real Estate Industry 92 Atkins -McGuire, Elisha From: raffaele quattrocchi <raffaele0218@gmail.com> Sent: Monday, February 11, 2019 12:29 PM To: Parks Subject: Dante Fascell. To Whom It Might Concern: This e-mail serves to official let you know how much I would enjoy if the Dante Fascell Tennis Courts would have lights. I am also convinced that the volume of player would increase drastically. Thank you for considering my words. Best regards, Raffaele Quattrocchi, P.A. Realtor Associate Delphi Investment Realty www.royalkensinetonre.it Tel. 786-325-9517 Skype: raffaele.42 e-mail: raffaele02l8@gmail.com German, French, Italian, Spanish, English Disclaimer: E-mails sent or received shall neither constitute acceptance of conducting transactions via electronic means nor create a binding contract until and unless a written contract is signed by the parties. Confidentiality Notice: The information contained in this transmission may contain personal information and is privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this communication in error, please notify us immediately by telephone and delete or destroy the material/information. 93 Atkins -McGuire, Elisha From: Monica <monica_Wagner 7@hotmail.com> Sent Thursday, February 14, 2019 2:41 PM To: Parks Subject: Lights at Dante Fascell To whore it may concern, I have been an active participant in the Tenis community at Dante Fascell for over S years. I am part of several women's teams. My children have taken lessons and have attended the camps at Dante for many years too. I think &at installing lights at Dante would allow us to enjoy the courts even more. I strongly believe we would greatly benefit f -om it and it will bring many people to the courts that can only play at nighttime. Best Reg 3rds, Monica Brambilla �Zll Atkins -McGuire, Elisha From: Nancy Levy <lopezlevy@hotmail.com> Sent: Thursday, February 14, 2019 3:13 PM To: Pa rks Subject: Court Lights at Dante Fascell Hi, My name is Nancy Levy and I (pay to) play tennis weekly at Dante fascell. I would like to know if you will be installing lights any time soon. You guys have made so many awesome upgrades to the courts and the addition of lights would get me and my family to play there not only days, but nights as well. Please let me know. Best, Nancy Levy Please excuse the typos ... this was sent from my iPhone. 95 Atkins -McGuire, Elisha From: Susie Ashbel <sashbel1 @yahoo.com> Sent: Thursday, February 14, 2019 5:14 PM To: Parks Subject: Fwd: Dante tennis > I am writing to let you know how much I enjoy playing tennis at Dante Fascell. It is a very well run and well maintained facility. Ben Carroll does an excellent job as tennis director. I am on 3 teams at Dante and would love to see lights added to the cc urts so we can play at night. > Regards > Susie A shbel > Sent from my iPhone Email secured by Check Point Atkins -McGuire, Elisha From: Rafael Rodon <rafaelrodon@gmail.com> Sent: Friday, February 15, 2019 11:42 AM To: Pa rks Subject: Dante Tennis Court Lights Dante Tennis program has never been better with improved management, staff, court surfaces, drainage and coming soon parking. Big limitation especially during eastern standard time months is the lack of lights. Time is now to plan, fund and install lights that are sensitive to surroundings and can be operated to extend the tennis day for all programs and players. Thanks. Rafael Rodon Sent from my Whone 97 Atkinsi-McGuire, Elisha From: Stacy Gatcliffe <raygat@hotmail.com> Sent: Friday, February 15, 2019 7A2 PM To: Parks Subjectt Tennis court lights To whom it may concern, WantedIto reach out to say that my family and I really enjoy the tennis facilities at Dante Fascell, and would even more so if the ccurts had lights for night time play. Looking forward to seeing that addition hopefully in the near future. South Miami Resident, Stacy Atkins -McGuire, Elisha From: Tatiana Silva <tatsiiva@bellsouth.net> Sent: Saturday, February 16, 2019 9:35 AM To: Parks Subject: Lights at Dante To whom it might concern: Yesterday I was in a match at Dante and a group of ladies and I were talking about how amazing it will be to have lighted courts at this facility. it will be community building since it will allow 9 to 5 working people to excersice. More couples could play together and older/sun intolerant people could also exercise in a healthier way. Thanks in advance for supporting this initiative. Best regards, Tatiana Silva Sent from my iPhone Email secured by Check Point 99 Atkins --McGuire, Elisha From: Kimberly Jieafa <kjieafa@gmail.com> Sent: Monday, February 18, 2019 2:35 PM To: Parks Subject: Dante Fascell a I'm writing today to let you know how much Dante Fascell would benefit from having lights out on the tennis courts. It would bring many night teams to Dante and create revenue for the park. A lot of people play at night around Dante and have to 0o else where. Thank yo j for your consideration Kim Jieafa Sent frc m my Whone 100 Atkins -McGuire, Elisha From: Gabecerra <gabecerra@aol.com> Sent: Friday, March 15, 2019 10:45 AM To: Parks Subject: Lightning for Tennis Courts Dear Sirs, I am a resident of the City of South Miami for the last 18 years and also, a weekly user of the tennis courts. We need the courts to have lights as many other courts in the surronding parks/cities, so, more players can enjoy them and also, give more revenue to the city. I hope this project will happen and we can use the courts longer hours through the year. Sincerely, Gabriel Becerra 8500 SW 57th path, South Miami, FI 33143 Email secured by Check Point 101 Atkins -McGuire, Elisha From: D Groves <dgroves64@yahoo.com> Sent: Saturday, March 16, 2019 9:55 AM To: Parks Subject: Dante Fascell Tennis Center Dear Sir/Madam, For the past 8 years I have played league tennis at Dante Fascell Park. I am very pleased with the facility, especially all of the improvements over the past few years. I am hoping that the City will consider adding lights to the facility so we can enjoy night tennis along with all of the leagues that play during the day. I know many people work during the day and can only get to the courts at night. think lighting would be a tremendous addition. Additionally, I think adding 1 or 2 more courts would also be a great improvement. There seems to be space for it where the existing underused racquetball courts are located. Thank you for your attention and I hope you consider adding lights to make Dante Fascell Park an even better tennis venue! Denise Groves Email secured by Check Point 102