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Res No 003-21-15623RESOLUTION NO.: 003-21-15623 A Resolution authorizing the City Manager to negotiate and to execute a contract for improvements to Fuchs Park including a new pedestrian pathway and ADA improvements. WHEREAS, the Mayor and City Commission have approved of Resolution No. 238-18- 15271 related to design and engineering construction documents for a perimeter asphalt trail and various project -related improvements at Fuchs Park; and WHEREAS, through the City's consultant, Marlin Engineering, Inc., city staff has finalized construction documents, secured permits from both Miami -Dade County DERM and City of South Miami Building and Zoning Department, and solicited the subject project for construction under Request for Proposal PR #2020-16 (1st Solicitation); and WHEREAS, the lowest bidder was selected and on Tuesday, September 1, 2020, a Resolution to approve a contract for the project failed by 2-3 vote; and WHEREAS, following the City Commission's vote, City staff modified the project work scope to limit it to the construction of a pedestrian (ond bicycle friendly) pathway along the perimeter of the pond only. Approximately $69,000 of the project related improvements (as estimated by the project engineer/architect) such as lookout spaces and a pre-fab shelter were eliminated from the work scope. Staff resolicited the revised project under Request for Proposal #PR2020-25 (2"d Solicitation); and WHEREAS, the lowest and most responsive bidder for the 2"d solicitation was UAG Construction LLC at $458,408.53, which is only $10,820.19 lower than the lowest bidder on the 1st solicitation, which was a bid from Unitec Inc. at $469,228.72; and WHEREAS, City staff is presenting three (3) options before the Mayor and City Commission as outlined in the attached memorandum associated with this Resolution. 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 execute a contract with Unitec Inc. for an amount not to exceed $469,228.72 for the scope of the work described in the 1-5t Solicitation. The total expenditure will be charged to the following accounts: $250,000 from Capital Improvement Fund, 301-1790-519-6450, which has a current available balance of $816,983 and the balance difference to be charged to Parks & Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of $806,985 before this request was Res. No. 003-21-15623 made. Section 3. Corrections. Conforming language or technical 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 will not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution will become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 5 1h day of January2021. ATTEST: c'� CITY C ERK � READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTIO THEREOF% CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: 3-2 Mayor Philips: Yea Vice Mayor Welsh: Nay Commissioner Harris: Yea Commissioner Liebman: Nay Commissioner Gil: Yea 2 Agenda Rem NoA. City Commission Agenda Item Report Meeting Date: January 5, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Rem Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and to execute a contract for improvements to Fuchs Park including a new pedestrian pathway. 3/5 (Mayor Philips) Suggested Action: Attachments: Memo-Fuchs_Pathway_Project_QLP_ docx Reso-Fuchs_Pathway_ProjectCArev. docx Res No 238-18-15271.pdf Unitec Inc. Proposal.pdf UAG Construction Proposal.PDF Unitec Email Confirmation.pdf Option A -Final Construction Plans.pdf Option A -Final Retaining Wall Plans.pdf Option B-Final Construction Plans.PDF Option B-Final Retaining Wall Plans.PDF III R South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: January 5, 2021 SUBJECT: A Resolution authorizing the City Manager to negotiate and to execute a contract for improvements to Fuchs Park including a new pedestrian pathway and ADA improvements. BACKGROUND: The Mayor and City Commission have approved Resolution No. 238-18- 15271 related to design and engineering construction documents for a perimeter asphalt trail and various project -related improvements at Fuchs Park. Through the City's consultant, Marlin Engineering, Inc., city staff has finalized construction plan documents, secured permits from both Miami - Dade County DERM and City of South Miami Building and Zoning Department, and solicited the subject project for construction (1'T Solicitation—RFP #2020-16). The lowest, most responsive bidder was selected and on Tuesday, September 1, 2020, a Resolution to approve a contract for the project failed by 2-3 vote, pertaining to the construction of a new perimeter asphalt pathway and various project -related improvements at Fuchs Park. Following the City Commission's request, City staff modified the projects work scope to limit it to the construction of a pedestrian pathway along the perimeter of the pond only. All project related improvements such as lookout spaces and a pre-fab shelter were eliminated from the work scope. Staff resolicited a new Request for Proposal PR#2020-25 for the amended/abridged version of the subject project. The lowest and most responsive vendor for the 2"d solicitation was UAG Construction at $458,408.53, which is only $10,820.19 lower than the 15, solicitation and proposal bid from Unitec Inc. at 469,228.72. 2 TRSoutiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Three (3) Options: Option A Authorize the City Manager to negotiate and to enter into an agreement with Unitec Inc. in the amount of $469,228.72 for a new pedestrian pathway and various project -related improvements at Fuchs Park. In summary, this capital improvement project entails the construction of a new, walking loop pedestrian pathway/trail (asphalt) along the perimeter of the pond at Fuchs Park, two (2) lookout spaces featuring a retaining wall and pedestrian and bicycle railing, one (1) polygon pre-fab shelter, ADA access improvements to existing restroom facilities and covered picnic shelter, removal of invasive species within project design site; removal and/or relocation of native tree species which are either in direct conflict with project design site, possess constructability concerns or mortality. The width of the pathway fluctuates between eight (8) and ten (10) feet and there are at total of sixty-one (61) trees to be addressed within the project area. Bidder(s) First Solicitation Bid Price: Unitec Inc. $469,228.72 ✓ UAG Construction $512,656.21 Florida Engineering & Development Corp $572,617.11 Magnum Construction Management, LLC $601,941.81 Vercetti Enterprises $646,578.00 BC&E $669,234.62 C&I Construction & Design Inc. $698,108.25 Waypoint Contracting Inc. $739,440.82 AF USA Construction Corp $741,213.87 Pabon Engineering, Inc $882,192.02 Pursuant to review, it was determined that the lowest and most responsive bidder for the first solicitation project was Unitec Inc. Staff consulted with the contractor's reference at the City of Miramar and received positive feedback. In addition, the City of South Miami recently contracted Unitec Inc. for construction of bicycle lanes along SW 64' Street from SW 62"d Avenue to SW 57Lh Avenue. 2 3 TARSoutiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Furthermore, staff has contacted Big Ron's Tree Service, LLC ("Big Ron") in regard to the removal of sixty-one (61) trees identified in the construction plans, Special Details Sheets, pages 17 through 20. For comparative purposes, Big Ron has provided a proposal estimate in the amount of $70,277.50 ($1,152/tree) whereas the recommended vendor, Unitec Inc., is charging the City $40,810 ($669/tree). Unitec, Inc. has listed Native Tree Service as a subcontractor. Native Tree Service is a registered and active vendor with the City and has performed quality work in the past. Option B Authorize the City Manager to negotiate and to enter into an agreement with UAG Construction in the amount of $458,408.53 for a new pedestrian pathway at Fuchs Park. This improvement project involves the construction of a new, walking loop pedestrian pathway/trail (asphalt) along the perimeter of the pond at Fuchs Park, ADA access improvements to existing restroom facilities and covered picnic shelter, removal of invasive species within project design site; removal and/or relocation of native tree species which are either in direct conflict with project design site, possess constructability concerns or mortality. Bidder s Second Solicitation Bid Price: UAG Construction LLC $458,408.53 ✓ Florida Engineering & Development Corp $495,866.42 LR Infrastructure LLC $496,145.31 HIS Construction Development & Investment Inc. $511,965.35 Unitec Inc. $519,574.64 Municipal Contractors $546,082.75 Magnum Construction Management, LLC $546,865 Waypoint Contracting Inc. $674,889.56 Metro Express Inc. $724,222.62 C&I Construction & Design Inc. $887,404.93 4 South emiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Option C Reject the project altogether. Email Confirmation: City staff has confirmed that Unitec Inc. will honor its original proposal, including terms, conditions, and bid price in the amount of $469,228.72 for RFP #PR2020-16. Contingency Funds: A ten percent (10%) contingency pay item is inclusive of the lump sum bid amount for unforeseen conditions that may arise during the construction phase. Unitec Inc Option A: $426,571.56 project cost + $42,657.16 contingency = $469,228.72 UAG Construction LLC Option B: $416,735.03 project cost +41,673.50 contingency = $458,408.53 Project Purpose: The purpose of this project is to improve accessibility in our parks, to make our community more livable through active and beautiful parks, and to provide opportunities for physical activity, fitness and mental health. Furthermore, the City has completed a 10-year Parks Master Plan which supports the addition of a pedestrian pathway/trail along the perimeter of the pond. FUND & ACCOUNT: The total expenditure, which includes contingency funds for unforeseen activity, will be paid from the following accounts: $250,000 from Capital Improvement Fund 301-1790-519-6450, which has a current available balance of $816,983, balance difference from Parks & Recreation Capital Improvement Fund 301-2000-572-6450, which has a current balance of $806,985. ATTACHMENTS: Resolution Resolution No. 238-18-15271 Proposals— Unitec Inc. & UAG Construction LLC Email Confirmation from Unitec Inc. Option A -Final Construction Plans Option A -Final Retaining Wall Plans Option B-Final Construction Plans Option B-Final Retaining Wall Plans 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO.: A Resolution authorizing the City Manager to negotiate and to execute a contract for improvements to Fuchs Park including a new pedestrian pathway and ADA improvements. WHEREAS, the Mayor and City Commission have approved of Resolution No. 238-18- 15271 related to design and engineering construction documents for a perimeter asphalt trail and various project -related improvements at Fuchs Park; and WHEREAS, through the City's consultant, Marlin Engineering, Inc., city staff has finalized construction documents, secured permits from both Miami -Dade County DERM and City of South Miami Building and Zoning Department, and solicited the subject project for construction under Request for Proposal PR #2020-16 (1st Solicitation); and WHEREAS, the lowest bidder was selected and on Tuesday, September 1, 2020, a Resolution to approve a contract for the project failed by 2-3 vote; and WHEREAS, following the City Commission's vote, City staff modified the project work scope to limit it to the construction of a pedestrian (and bicycle friendly) pathway along the perimeter of the pond only. Approximately $69,000 of the project related improvements (as estimated by the project engineer/architect) such as lookout spaces and a pre-fab shelter were eliminated from the work scope. Staff resolicited the revised project under Request for Proposal #PR2020-25 (2"d Solicitation); and WHEREAS, the lowest and most responsive bidder for the 2"d solicitation was UAG Construction LLC at $458,408.53, which is only $10,820.19 lower than the lowest bidder on the 1st solicitation, which was a bid from Unitec Inc. at $469,228.72; and WHEREAS.. City staff is presenting three (3) options before the Mayor and City Commission as outlined in the attached memorandum associated with this Resolution. NOW, THEREFORE, BE IT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHE 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 execute a contract with for an amount not to exceed $ for the scope of the work described in the Solicitation. The total expenditure will be charged to the following accounts: $250,000 from Capital Improvement Fund, 301-1790-519-6450, which has a current available balance of $816,983 and the balance difference to be charged to Parks & Recreation Capital Improvement, account number 301-2000-572-6450, which has a balance of $806,985 1 6 RESOLUTION NO.: 238-18-15271 A Resolution authorizing the City Manager to negotiate and enter into a contract with Marlin Engineering, Inc. to complete construction documents for a perimeter asphalt trail at Fuchs Park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Marlin Engineering, Inc. to provide construction documents for a perimeter asphalt trail around the existing lake at Fuchs Park; and WHEREAS, all improvements within this project shall be in accordance with the American with Disabilities Act (ADA) including providing access to the existing pavilion, restroom facilities, and lakeside benches; and WHEREAS, the next firm in the City's professional services rotation list, Marlin Engineering, Inc., has submitted a proposal which includes but is not limited to pre -design services, geotechnical and survey services, project management and permit coordination with Miami -Dade County Department of Regulatory and Economic Resources (DRER), specification and bid package preparation, final signed and sealed construction documents, anticipated/preliminary construction costs, as well as post assistance with pre -bid conference(s) and construction administration services; and WHEREAS, this engagement will help bring the City's park system one step closer to making our community more livable and accessible for everyone, as well as provide opportunities for physical activity to improve fitness and mental health; and WHEREAS, the total expenditure shall not exceed $71,085. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to negotiate and enter into a contract with Marlin Engineering, Inc. to complete construction documents for a perimeter asphalt trail at Fuchs Park for an amount not to exceed $71,085. The total expenditure shall be charged to account number 301- 2000-572-6450, which has a balance of $1,321,642 before this request was made. Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 131' day of December. 2018. Page 1 of 2 8 Resolution No. 238-18-15271 ATTEST: k1A, , 6,1",( CITY CLERK APPROVED: MAYOlf READ AND AP ED AS TO FO COMMISSION VOTE: 5-0 LANGUA E LITY AND CU ION Mayor Stoddard: lea TH Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebmanyea CITY KTTOANEY Commissioner Welsh: Yea Page 2 of 2 9 Agenda item No:Ba. City Commission Agenda Item Report Meeting Date: December 13, 2018 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a contract with Marlin Engineering, Inc. to complete construction documents for a perimeter asphalt trail at Fuchs Park. 3/5 (City Manager -Parks & Recreation) Suggested Action: Attachments: Memo -Fuchs Trail.docx Resolution -Fuchs —Trail engineering drawings.docx Consultant Project Proposal -Fuchs Park 120618.pdf Marlin Professional Service Agreement.pdf 10 CITY OF SOUTH MIAMI h(ek)Aiami OFFICE OF THE CITY MANAGER ScutINTER-OFFICE MEMORANDUM THE CITY Of PLEASANT LIVING TO: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: December 13, 2018 Agenda Item No.: SUBJECT: A Resolution authorizing the City Manager to instruct and pay Marlin Engineering, Inc. to complete construction documents for a perimeter asphalt trail at Fuchs Park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, city staff desires to engage Marlin Engineering, Inc. to provide construction documents for a perimeter asphalt trail around the existing lake at Fuchs Park. All improvements within this project shall be in accordance with the American with Disabilities Act (ADA) including providing access to the existing pavilion, restroom facilities, and lakeside benches. As the next firm listed in the City's rotation, Marlin Engineering, Inc. has submitted a proposal which includes but is not limited to pre -design services, geotechnical and survey services, project management and permit coordination with Miami -Dade County Department of Regulatory and Economic Resources (DRER), specs and bid package preparation, final signed and sealed construction documents, anticipated/preliminary construction costs, as well as post assistance with pre -bid conference(s) and construction administration services. Excluding post design services, the anticipated length of service is approximately twenty-four (24) weeks commencing after the notice to proceed. This engagement will help bring the city's park system one step closer to making our community more livable and accessible for everyone, as well as provide opportunities for physical activity to improve fitness and mental health. EXPENSE: Amount not to exceed $71,085. AccouNT: The total expenditure shall be charged to account number 301-2000-572- 6450, which has a balance of $1,321,642 before this request was made. ATTACHMENTS: Resolution Proposal — Marlin Engineering, Inc. Marlin Engineering, Inc. Professional Service Agreement K 11 'MARLIN December 6, 2018 Quentin Pough, CPRP, CPSI Director, Parks & Recreation Department City of South Miami Re: Architectural/Engineering Services — Fuchs Park Perimeter Trail Dear Mr. Pough: Marlin Engineering, Inc. proposes to provide the services identified below pursuant to the Professional Services Agreement provided by the City of South Miami ("City") for Professional General Engineering and Architectural Services, dated March 31 st, 2017. 1. General The project will consist of providing contract documents to construct a new perimeter asphalt trail (minimum 8') around the existing lake at Fuchs Park, located at 6445 SW 81 Street. All improvements within this project shall be in accordance with the American with Disabilities Act (ADA) including providing access to the existing pavilion areas, restroom facilities and lakeside benches. The scope of work outlines the effort required for the production of the construction documents which will be in accordance with City of South Miami Parks and Recreation Guidelines and Miami Dade County DRER Standards and Specifications. II. Scope of Work Task 1 — Pre -Design Services, Geotechnical and Survey Services a) Soil Borings including an Engineer's Report/Recommendations for a proposed multi -use asphalt trail. The Engineer's Report/Recommendation shall be reviewed and approved by the City. 1. Field Investigation 2. Engineering, Technical Services and Report Preparation 3. Signed and Sealed Report to be provided to the City of South Miami. b) Boundary and Topographic Survey (see attached scope of services for additional details) 5 12 Page 2 of 5 Deliverables provided under Task 1: • Signed and sealed Geotechnical Report. • Signed and sealed Topographic and Boundary Survey Task 2 — 60% Plans b) Project General Tasks — Project Management and coordination with the City of South Miami and permitting agencies. Includes all project management meetings with affected stakeholders. c) Prepare a complete contract set of plans including 1. Key Sheet 2. Tabulation of Quantities 3. General Notes 4. Baseline Layout Plan 5. Geometry and Signage Plan (Up to a maximum of 2 concepts for horizontal geometry). 6. Grading Plans and Details 7. Structural Analysis and Design 8. Erosion Control Notes 9. Erosion Control Details d) Structural Design and Production of Plans — Including structural design, development of vertical wall geometry, general notes, wall plan and elevations (control drawings), sections and details, reinforcing bar list. e) Permitting — Coordination with DRER and the City of South Miami. Provide responses to comments generated from each submittal and attendance to meetings with the agencies. f) Construction Cost Estimate — Prepare a construction cost estimate to be included in 60% and 100% percent submittal documents. g) Quality Control and Peer Review — Perform quality control and peer review of contract documents. If requested by the City of South Miami, a copy of the marked up set of plans and/or specifications will be provided showing the consultant's QC review on each scheduled deliverable. The submittals shall include the name of the consultant staff that performed the QC review for each component. h) Specification and Bid Package Preparation - Prepare specifications and bid documents as required by the City of South Miami. Deliverables under Task 2: • 60% construction documents. Construction cost estimate. MM Miami • Fort Lauderdale • Tallahassee - Puerto Rico 305.477.7575 • www.marlinengineering.com C.1 13 Page 3 of 5 Task 3 —100% Plans • Incorporate the review comments from 60% plans submission in the 100% plans. • Submit the 100% plans for City review. Once all comments are addressed, or if no comments or corrections are necessary, then submit the final signed and sealed construction documents and specifications to the City. Deliverables under Task 3: • 100% construction documents. • Final signed and sealed construction documents. • Updated construction cost estimate. Task 4 — Post Design Services Attend pre -construction meeting. Assume four (4) hours for attendance at the pre - construction meeting. (4 hours) Provide written responses and/or revisions to all requests for information (RFls). Assist with the review and technical evaluation of Contractor's request for change orders, and claims, and provide recommendations and cost evaluations to the City. Assume four (4) hours for responses to one (1) request for information (RFI's) per month. (48 hours —12 month construction duration). Review shop drawings, product data, and other submittals to determine compliance with the plans and specifications. Assume two (2) hours to review two (2) sets of shop drawings. (4 hours) Task 5 — Construction Administration Services Construction Administration Activities include: • Monitor Contractor Implementation and compliance with the plans. • Provide a weekly status report • Attend progress meetings as necessary (Assume 2 visits/Week x 4 hrs = 8 hrs/week x 16 weeks = 128 hours) Ill. Subconsultants The below listed subconsultants will assist in the performance of the Work. Subconsultant Name Specialty or Expertise American Testing Materials Engineering I Geotechnical Engineering Deliverable: Signed and Sealed Geotechnical Report. Miami - Fort Lauderdale - Tallahassee - Puerto Rico 305.477.7575 - www.marlinengineering.com 7 14 Page 4 of 5 IV. Schedule of Work — Time of Performance The anticipated length of service for Tasks 1 — 3 shall be twenty four (24) weeks commencing after the Notice to Proceed. Consultant shall submit the Deliverables and perform the Work as depicted in the table below. Task 4 schedule shall be determined based on the bid dates and construction award period. SCHEDULE OF. DELIVERABLES T�Ita�- ilctivify i :. Major Tasks S_ ub=Task; Actittity, or pel(verables, DurWlon..: Delivery , ate . 1 Pre -Design Services, and Testing 4 weeks +4 2 0% Plans 4 weeks +8 Review by the City 2 weeks +10 3 100% Plans and Permits 4 weeks +14 Review by the City 2 weeks +16 4 Post Design Services TED TBD Deliverables: At the completion of each task, Marlin will provide to the City all files associated with each deliverable to include drawings files in DWG and PDF formats. V. Compensation Consultant shall perform the work detailed in this Proposal for a Total fee of $71,085.00 and 00 cents. The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount unless approved in a supplemental work order.. SUMMARY OF COMPENSATION Task or AC PVItjh . `Task Name andlbr Activity Description 'Feeknount Fee Basis 1 Data Collection/Survey/Geotechnical $24,620.00 Lump Sum/Not to Exceed 2 60% Plans and 100% Plans $29,420.00 Lump Sum 3,4 Post Design Services $5,525.00 Not to Exceed 5 Construction Administration Services $11,520.00 Not to Exceed Total $71,085.00 VI. Exclusions from Basic Services The following services are excluded from this scope of services: aj Environmental studies and permitting MMiami • Fort Lauderdale • Tallahassee • Puerto Rico 305.477.7575 • www.martinengineering.com 15 IX. Project Manager Consultant's Project Manager for this Project will be Mr. Jose Santiago, P.E. Submitted by: Revlewed and approval In concept recommended by: Department Director Procurement Manager City Manager Miami • Fort Lauderdale • Tallahassee - Puerto Rico Page 5 of 5 305.477.7575 • www.marlinengineering.com 9 16 October 5th, 2018 Quentin Pough, CPRP, CPSI Director, Parks & Recreation Department City of South Miami 5800 SW 66 Street South Miami, Florida 33143 Office: 305-668-3867 Re: FUCHS PARK 6445 SW 81 Street South Miami, FL BOUNDARY AND TOPOGRAPHIC SURVEY PROPOSED SCOPE OF SERVICES: As per your request, Marlin Engineering Inc. will provide the following Surveying Services, linked to the above captioned project: Survey Services: • Set Vertical and Horizontal Control o Vertical Control in National Geodetic Vertical Datum (N.G.V.D.) of 1929. o Horizontal Control will be established in State Plane Coordinates by Static Methods Florida East Zone, NAD83 (1999). • Boundary and Topographic Survey shall include the following: o Digital Terrain Model (D.T.M.) and Spot Elevations Every 25 feet within the property limits. o Drainage As -Built within the Property Boundary. o Location of trees. (Identification of trees will be provided by others) o Extend Topo within the R/W to the Edge of Pavement (Adjacent to the Park), along the following streets: ■ S.W. 80h Street S.W. 810 Street S.W. 65d' Avenue o Provide Baseline Control and Topo along S.W. 64" Avenue from R/W to R/W. 14ot.itTtliidiu Unr_9coried • Locate Underground Utilities. • Tree Identification. • Hydrographic Survey of Pond/Lake. SPECIFICATIONS: All field data with the exception of electronic data will be recorded in field books. Additions or modifications to the scope, as well as resulting CAD and Project Management time, will be invoiced per hourly fees listed below. 10 1700 NW G6'^ Ave. Suite 106 1 Plantation. Florida 33313 IT: 305.477.7575 1 F:954.800.6045 I suneyl�marlinengineering.com 17 AIIARLIN QUALIFICATIONS: 1- All Procedures in connection with this project will be performed in strict accordance with the with the most current "Standards of Practice" set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5.1-17. Florida Administrative Code. pursuant to Section 472.027, Florida Statutes. 2- This estimate is based on information provided by City of South Miami. 3- This estimate is a Lump Sum Amount price payment. ESTIMATED FEE: Our estimated fee to perform the services as requested by the City of South Miami shall be a Lump Sum Amount of S21,120.00. As always, Marlin Engineering Inc. is prepared to commence upon receipt of your written Task Work Order. Field: 3 Man Survey Crew Office: Sr. Project Manager CADD Technician Survey Technician $1000.00/day Estimated 16 days $ 150.00/hr. Estimated 8 hours $65.00/hr. Estimated 16 hours $60.00/hr. Estimated 48 hours Total: ACCEPTANCE: $ 16,000.00 $ 1,200.00 $ 1,040.00 $ 2.880.00 $ 21.120.00 The return of an executed copy of this proposal constitutes authorization to proceed. Marlin Engineering Inc. appreciates the opportunity to submit this proposal and we look forward to being of service. if you have any questions with respect to this proposal, do not hesitate to contact us. On behalf of MARLIN ENGINEERING Inc, I thank you again. for the opportunity to work with you on this important project. APPROVED BY: The above agreement is hereby acknowledged and Marlin Engineering. Inc. is authorized to proceed with the above requested services. DATE: CLIENT f DATE: MARLIN ENGiNEERIF G INC. Sincerely. Marlin Engineering, Inc. Omar S. Carcamo Survey Manager 10/5/?018 1700 NW 6611' Ave. Suite 106 1 Plantation. Florida 33313 1 T: 305.477.7575 1 F: 954.800.6045 1survey"somariiilengineerin&com 11 18 American Testing Materials Engineering, LLC, dba ATM Eng. 1950 West 84th Street Hialeah, FL - 33014 Phone:305-646-1888 # $ I n $ :954-587-2479 Fax #: 305-646-1887 Ordered by Bill To Marlin Engineering Marlin Engineering Jose Santiago Jose Santiago 1700 NW 66th Avenue, Suite 106 1700 NW 66th Avenue, Suite 106 Plantation, FL 33313 Plantation, FL 33313 Date Project M1,500.00 9/18/2018 SW 80th St., Between 64Ave. & 65 Ave. Mia Qty Item Description Rate 10 Boring 10 Soil Borings 15' Deep @ $10.00 L.Ft. 150.0010 Boring 10 Soil Borings 15' Deep @ S10.00 L.Ft. 150.00 1 Eng. Letter Engineer's Report/Recommendations for 500.00 500.00 Proposed Bike Path NOTE: 50% RETAINER IS REQUIRED TO SCHEDULE THE JOB. Total $3,500.00 AUTHORIZATION I, the undersigned hereby authorize ATM Engineering, LLC. to perform the work as per the description stated above for the company named under "Bill To". Being authorized signatory, I acknowledge that the company named under "Ordered By" will be ultimately responsible for paying all the invoices resulting from this Estimate Form. I also acknowledge that I have been authorized by such company to make this claim and the information on this form is correct to the best of my knowledge. Any changes or acicitions to the work specified in this proposal need to be authorized separately. Signature 12 19' CITY OF SOUTH MIAMI Coasahoar Mro Propowl Worksbcd Props: Fuchs Park Propel No.: Desorption: Consultant Name: Marlin Engineering. Ine. Contract Na.: Date: 12M=18 Work Order No: 0 M N STAFF CLASSIFICATION Jo Ctasstflcatlon Assigned Stall Approved Rats tar. Project Mngr Rafael Lagos Rate: $150.00 Sorter Enginaor Rox Matamoros iL. Rate: 8125M Erg/8r. Corsi Msp DurnnalalG. Bunch Rate: $90.00 Erglneer Imam Ellas D1as Rate: ST5.00 8eMar D n John Slankorahlp Rota: $75A Sr. Slntc Prod Ningr Julle Vsrs Rate: $150.00 Mot Engineer Barbara Russell King Rate: S 1250 Staff Hou ey Task Salary Coat ay Task Average Rate Per Task Task mane houhours Cosy Task hourman Cost! Task hoursmanCosV Task manhoum Cast/ Task manhour Cost! Task manhour COW Task Man Cost/ Task 1 2 Pmjed General Task 3 $450 3 S375 15 $1.350 3 $226 3 5225 27 $2.625 S97 22 3 4 Key Shool/Ganeral Notes 1 5150 4 $Soo 9 Soto 14 S1.460 S104 29 5 i 6 Baseline Layout Plan 1 S150 4 $500 17 $1.530 4 S300 4 S300 30 $2.780 S92 61 7 9 Geometry and Signage AnalysisMans 10 1 N S150 4 S500 17 $1.530 4 $300 4 S300 30 S2.780 S92.67 11 Grading Plans and Details 1 $150 4 S500 17 S1.530 4 S300 4 $300 30 S2.760 S92 67 12 I 1 1 13 Erosion Control Notes 1 S125 6 5540 7 S665 1 S96 00 14 15 Erosion Control Details 1 S125 6 SS40 7 S665 ? 595.00 16 17 Structmi AnalysisfDesign 44 $3.300 a $1.200 40 $5.000 92 $9.500 1 SWIM t8 19 Permitting 3 S450 3 $375 16 S1.440 3 S225 3 S225 28 $2.715 11 $96 96 20 21 Tabulaum of ouantium 2 S3W 2 4 a S910 S113.75 S250 5380 22 23 Construction Cost Estimate 2 S300 2 $250 4 S380 8 S910 j S113.75 24 Specifications and Bid Documents 1 S150 1 $125 6 S540 8 NIS SIOV88 25 Ouahly Control and Pool Review 1 $150 1 S125 6 $540 a S815 S101.88 26 Post Design Services 5 $750 10 $1.250 30 $2.700 6 S450 5 S375 56 $5.525 $98.66 27 Construction Administration 128 $11.520 128 S11.520 S90.00 Total Staff Hours 21 40 281 68 23 8 40 481 ; Total Staff Cost 53.150.00 S5.000.00 $25.290.00 S5.100.00 51.72S.00 S1.200.00 S5.000.00 $46.40.00 $"so Total Xi of Work by Position 4A% 8.3% 58.4% 14.1% 4.0% 1.T% Note: Fee for the Principal(s) of tho firm are not to be Included above as the rmiliphar is not applicable to their hours. The fee is to be shown below and entered as a separa Estimate of M$2's Fee Total hours 1 hour = S i Notes: 1. This shoot is to be used by Prime Consultant to calculate the Grand Total Fee and one is to be used for each Subconsullant 2. tilanuaW enter tea from each subconsullant. Unused subconsultant rows may be hidden 3. Where applicable the basis for work activity descriptions shall be the FICEIFDOT Standard Scope and Staff Hour Estimation Handbook. 4. Enter tho multiplier value in the fiord alter the word 'mugrpiier Mammum of 2 decowl pants. 8.3% 1 • SUBTOTAL ESTIMATED FEE: muldpiler 1.00 S46.48S.00 addillar al Services (Ally SuboonsuIlAnt: Merlin Engineering Survey S21.120.00 Subconvillant: ATM Geotedunlcal S3.500.00 Suboonsultant PrunaWs Fee Remora Soria $ - 2 • SUBTOTAL ESTIMATED FEE: $71.085.00 Geolachnical Field/Lab Testing: Survey Fee (o Survey Crew Fee): Other Mrsc. Fee: Enter Fee Description 3 • SUBTOTAL ESTIMATED FEE: $71.085.00 Additional Services (Allowance) Reinibureables (Allowance) GRAND TOTAL ESTIMATED FEE: $71.035.00 E—K—H-13"96 PROFMOOMMMVICIAGREMEW u� - and � S TM MREEINE ff nade and entered Into this _ ! dsyof Ama 20n_by and between the Chy of Sosnh MW4 a nxm1cW cm pm afti (herebrba r %nvd to as Omer or C" by and dun* its Clty Mir (herettsaf0er referred to as CITY or Cigr )and *1 Aft%A kL 1G i c bj% W o Is mahorimed to do budness b►t m Staoa of Ronda, %imm chudkom referred to as-dto VONLSULTANST`� in oanddffiadmi of the pry and the mutual cavenants contained in this AGREEMENT, the parties are m the fb0ovft terns and cmWkiore:; 1.1 A Nlotke to Proceed va be blued by the City MlanW. or hit design Now:i ft tins dpkg of this AGRWENT. This AGREE 49W does not eon4ios on the CONSULTANT any =dwbe ruts to perform w w on behalf of the Ownw other shun dte wo& desa *W in one or more Nlodee to Proceed (hadnaker rdwred to as die'WORK"), nor does it obligate the Omer in any ma mw to gue work for des CONSULTANT. 1.2 The CITY agmm that It wW ftmrM to the C0WWLTANT avaWft data and dwimmm In the CITY posseadan p$rabft to the W= to be performed under ddt AGRBE14EN T prompdy doer the Issuance of the Ndodee to Promed and upon wRitm request of do CONSULTANT. 2.0 of Serer. Tha.COMMMANT AW Who dte work as set fgab to *a Scants 3.0 M m JK 3.1 The aersio s to be rwAaW by the CONSULTANT for any WORK dm11 be oontnom,= upon @Go* of a wftm Nlodca to lhoceed from the CITY sub®aqu,et to the exeardon of this AGRWENT and shalt be completed widsln the rinse set fw& .In the Notice to Proceed or asdeer doaanent signed by the 3.2 A oemon" won of tints vW3 be granted in the eves dwe is a deby on she pact of the CITY in full Its part of the AGRE VENT. dwe of scope of work or should any odur eY m bepad die control of die CONSULTANT rwder performance dhb dudes Imp. 4.0 Buk gf =Ed= The fees for swAm of the CONSULTANT dual be date lrted by ors of des idowbs rrs ft& or a. comUnadon the as n Adly dw CITY and the CONSULTANT 4.1�Au�sunt The fee for a to k or a seo P�e of work ntal► be a fbmd sum as mutu* aVeed upon by the CITY and the CONSULTANT and If said: an agreement is mached. It shag be In wdit abed by the CONiSWANIT and die City Nanoer and ast dwd hereto as ATTA lER9T& 4.2 Hourly rate fete If there Is no fixed sum or if additional work is requested widzout an agreement as to a tbad suns, the CITY to pay, and the CONSULTANT agrees to for the services pursuant to this AGREEMIENT, fees In accordance with the hourly rates that shall Include a1I PqPaaofas sasuassa 135 14 21 was, beneft overhead and profit and that strati be In writing shed by the CONSULTANT and the City ManW and attached hereto as ATTACHMWL 5.0 ftmmu and ftreW The CITY will rrwm monthly pgmetms or partW to the CONSULTANT for all authorized WORK performed during the previous calendar nwnd as set forth in the schedule of payment as set forth in ATTACOdPo EW A or, If no schedule of payment enh)Wt is attached to this AGREEMENT then papnent vMl be made 30 days failowft the receipt of CONSULTANT's Invoice as the work progresses but only for do work acaragy ined and approved In wrWq by the Chy Manger. 6.0 AD services shall be pedwmed by the CONSULTANT to the fiction od the CITrs rerpresentaft who shall decide all . difficulties and disputes of whaam nature which nay arise under or by reason of this AGREEMENT. tAn prosecution and fltifiilment of the serolem and the character. quality. amount and value. The represerhtstihre's decisions upon all ddms, questions, and disputes shall be ftal, Bond slve LvA bbWkq upon the parties unim such determinatlon is clearly arbitrary or unr$asoble. In the evens that the CONSULTANT does not concur In the juA�rhte be of the as to any decisions nude by him, CONSULTANT shall his written objections to the City Manqer and shag abide by the decision of the 7.0 Ail reports and reproducible phm and other data by the CONSULTANT for the purpose of this AGREEMENT shag beaonhe the prapergr of the CITY without restriction or fimitation. 8.0 �R�. rw CITY ruerm the ftk to audit the records of the CONSULTANT related to this AGRE64ENT at any tone during the execution of the WORK and for a period of one -year aft 6W palmtent Is nude. This provision Is applicable only to projects that are on a time and cost basis. 9.0 MMMA If the contract amount exceeds the t6hreslhold amount provided In s. 2VA17 for catepq four, the CONSULTANT shag execute a truth -men tion certtftate stating that wW rates and other factual unit costs supporting the ao am accurate. eorrhpfete4 and current at the time of eomractinhg. In such even; the contras fee and any additions therhag eto sbe adjusted to awhWe any softmht sums by the City determines the contract price was increased due to inodoarraoe, or noncurrent wage rates and other factual unit costs. All such contm* ct ents must be trade widdn one year ftilowing the end of the contract. I0.0 The CONSULTANT ftg not assign or transfer its under this AGREEMENT wWWA the eonpresa written count of the CITY. The CITY wig not unreaswhably w d andfor deer its consent to the at4mum of the CONSULTANT's rights. The CITY may, In its sole discretim allow the CONSULTANT to assign its dutnes„ oblintlon: and responsibilities provided the ats%ntee meets an of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by R wItIma prior written consent of the CITY. Any aattnment or subtontracnd dng In violation hereof shall be void aunenforceable 11.0 The employment of unauthohked aliens by the CONSULTANT is cared aon of Federal law. If the CONSULTANT lahovain* employs urhauthoriaed aliens, such violadon "I be cause for unilateral canoetiation of this AGREEMENT. This applies to any sub -CONSULTANTS used by the CONSULTANT as well. The CITY reserves the right at its dlstredon, but does not assume the obligation, Pop 52 of" T1W= P.ft" rmhs=r6 130 15 22 to require proof of valid ckboer 4 or. in the ata7 o" proof of a valid Ween card for each person employed In the perfwnwof work or provW g she goods amYor mvkes for or on bedra4f of the C 17Y including pevscns mmpbyed by any tnd rc c on. �► roan" thb ram, the CITY does not assume any obtpdon or reokwy m enforce or ensure oentplbmoe with the applicable In for 12.0= The CONSULTANT warrmes dhat k has not employed or rained any conVW or TANT�onlicir or secure ft contact=W d= he has not paid or Bead to pay &M company or person other than a bona We employee wori ft so* for the CONSWANT any tom. amnrub:ion, pt+oentage fee. Sft or any other mulderadons count upon or resulting from the award or =Wg of this comm For Nuch or vk6don of dds warramys the CITY shop have dw riffit oo anrad this oantrM wldtow 13.0 Is sty understand and WeW that the CRY m�► a this Ikfor any reason or no reason and wkWa pwmb:yr by el : d to e to Ptooead e�udrori fil�ORlt, or. If a Notice w Proceed Is ka" CITY may ate this AMMDIiNiflby wrteoen notice to CONSULTANT. and In either @,vent the CITY'h sole won to the CONSULTANT shall be oxygiomt for the work =audwrked and of ft . lrayrn�tshali he wed an the of the work with dw � by the CONSULTANT up to the dine of rerndnadon. Upon terndnadon. the CITY *all be e ndded to a ref and of any monies paid for any period of tw for which no work was pe�rfonhhed. 14.0 I Thb AGREEMENT shall vermin In force undl the end of the terrrb which Includes d audiorbed rmmzk or unless otherwise wndwed by to CITY. The tern of this t Is thus (3) years ti+om the bsuance of the Nodw to Proceed and one two. year opgon•to. renew. The opdon to renew Is at the discretion of the City Hhnavr. The CITY tor- ibm a she coma whhout cause following 30 da'1rs a+dranced note m the CITY to 1�Iowwer, In na went the term mooted Rae M yam fOftftthe lssnanco ofdie Notice to Proceed. 15.0 In do am either party fatb to comply wide the provblons of this AGRE MNT, the wed part► deck m the other party In default and notliy, the d parer in writing. If 1s in deftft the CONSULTANT WM only be for any mnphsed p Mfessioreat seraleaes and CONSULTANT shall not be entldsd m any eamh�qucemtbi or day �rrahgea.la tfie went efiat GAMT, i!has been naves for such professional senriess not compkm4 the A1vP s1tt1 rewrn such am to the aTY wtthln can (10) days after notlae that ald sums ayes due. In the went of a litigation beaveen dm parties arising out of or relatlq In any way► to d is AGRERMAT or a breath theses each party d1 beer No am costs and W feet. 16.0 The C.0WLTANT to Cam* With Mrs boffanoe od Edon requttemeahQ dmt are wt= to AiTAC MEN7 B.to ftAGREEMMT.. 17.0 bdmft tr4g Nod in dtb AGREEIGHT dM pnm m the C3TY boom e nlrOyUg maw CONSULTANTS CONSULTANTS to perbrin the same or similar smtvlaeo. I LO GW@& 2akw= aM Lmm The COWLTANT arm m abide and be gmye rued by amend ruler, ons4* and � ws veal bearblished mwddpaL county. stue g on do VVM Uhr MW on this prole m The CONSULTANT Is reph-ed to complete and sin all Adw ts; Iridudlog Public End -I ► Crime: AM* form (atraclv4 pursuant to FS 287.133(3) (a), as r+equked by the Mrs sett badon. If any, awe to thb Pqp53of" ?ice P. Peo IQ MIG 137 16 23 AGREEMENT. 19.0 I CONSULTANT shaE be respotesible for pgment of aE lederzL state. amUer lod tam related to the W=*, Inclusive of sides tau if applicable. . 20.0 Free CONSULTANT shall con* with CiTrs Drug Free dVorsCpD m which is trade a part of this AGREEMENT by sdwence. 21.0 CONSULTANT is an Independent entity under this AGREENiCIV'1' and nodft contained herein shall be construed to auto a partnership. 22.0 NCO ILTANT $greess to provide Its senkes duft the tarn of this AGREEMENT in accordance with a0 kafatal, rules, roguk"sn. and bealtft and safev Stull! !ifs of the federal, state aid C14Y, which may be applicalde o0 the soMee berg pt'oW at 23.0 CONSULTANT shard secure d necessary business and license at its sole eunse peprior to executing the AGREEMENT 24.0 .__ . - d.. -executingThis AGREEMENT consdtutes the entif+e of the partles. Woo rpoi a n, all the and of the parties and wpwaedes say ptfor end ttnd8r3�3ted11�, � m' tay0tiadmf, vvritt�h or ores. This AGRE39NT crag► not be named or anweded a ept In stgtaed by" party houL ThIs AGRE64ENT M be btredtrG upon and inure to the beneRc of ft City of South Miami rind CONSULTANT and to their reapecdse heirs, suemssors and . No neon or amendment of any term or provisions of this AGREEMENT dW be valid or Wig g unless k aomples wish this petgraph. This j AGREEMENT, In prterA and dds p n rapli. in parch dwo dnall hat be try or amended by acts or omissions of the pardes. if this AGREEMENT was approved by i ftot resolution of the C by C.osmnlsdon, or if such approval is required by ordinance or dta City Clman no amsesadtsaettt to this AGREEMENT shall ha vald unless approved by writtmt nwokdw of the City Commission. 25.0 1MV TrIaL CITY and CONSULTANT Wwwingly, Ir, ev ab'Iq voiut uw* and - irttetattorrlsy � ve snany rl�et have to a � � in Staoe or oCourt ut of mqact to anyp� this or the Pnce of the Work do eesnder. 26.0 Mdft of huMd Caft This AGREEMENT may be ewcuted in several coup, each ofwhIch shall be construed as an o . 27.0 Ruka dintdintm , agdow Throvg%xm tick AGREEMENT the pronouns that are used nay be aftioned for tttsle, feathale or neuter, whenever applicable and the ftular war sssb: toad for pkral and plural words sulaft for singular why apOW& 28.0 If any term or .--vision of this AGREEMENT or the MI 'an f t0 any person or ch+cl, na tee dull, to any euoent; be 11WM or utsetdar+oealsle, the rest of this AGREEwiE1VT, or the a"coda n of such term or won to persons or dr+s onstanees other rhea those to whieh k Is held Invalid or - eaMe, shall not be affected thweby and each and eve y other term and provldon of this AGREEMENT shall be valid and en%roeabie to the fuilmt went pernd ed by law. 29.0 muladve Remedies: The duties and obl�atiota tneposed by the contract if any, and the rl& and rmefs ava&& ham. and In partlttr but without tlnitattot% the warranties, guarantees and obtigsdons imposed upon CONSULTANT by the Contract Docudtettts, R any, and this AGREEMENT and the r ghts and remedies avallable to the CITY hereunder, shall be In addition toi and shall not be used to any way as a Iitmitadon of. any rWm and remedies avalkWe at bw or in equity. by special game or by other provisions of the Contract Documentss if any, or this AGREEMENT. In order to endde any parry to euercise mW remedy reserved oo It in this Page 84 of 44 Tk=m F. gaps 1anum1a 139 17 24 AGREEMENT, or esdsting In law or In euity, k shad not be necessary to fve notice, ocher than such nodcaa as ma* herein exprm* req* d. No resteady conferred upon or resaved to mW paM hermo, or m6ft at bw or In equity, shall be eve of airy odher aver remedy or mmB&e4 but each and my rich remedy shag be tunuh *a mud shall be to addWkm to every other,an* &m under this AGREEMENT or hereafter mbftat law or in egft. No ddq orombdon to exerdse any r*t or porter amrullhg upon any dull" h or my such d& or power or shell be construed to be awalver thereof butmW such 4 t and power any be amcbed from ulna to *m as ohm astray be deemed mWedloht. 30.0 - CITY and CONSWANT apnea dot no fa We to eaterdse and no d ► In a tg any rW* power or prWege under ft AGREEMENT on the part of either party shall operate as a wab ar of my power, or privllep wider dds At ENT. No waiver of thls AGRE!Mff, in whole or pam Indwft the p wMom of thk may be bnpW by air act or r Wad an and will ally bevalld and enforeeabfe R In w rft and duly 4atwAW by each of the parties to d t AGREEMENT. Any waiver of any .condhlon ar phrovlcan of this AGREDOW w1H not consdalte a waiver of . any other tmv% concIltson or In oftmh her+eat norwM a e Adw of mW breach of ow or succeeft be+aada. The �ha+ato ertat+eedft REEMEIdT as to any ate- bread or de#auh shag not act as a vvasm of any mbseVm W mth or dWWL 31.0 action &H be taka by the CONSLILTANT, nor wdl k pern- any sae or omisd o w" rmk in ftcrImbafto aV1 t any perso% bxkft employee or ap cmu for w4byineet on the bask of race, creed. color, �.nationalWW% rei&% ate, sm 6=01d status, marital stamm eduddW,, saaa�lal or physical or -lei disabillq as poosalbed by haw and do kw1Q tke afffirmadve action to ensure that such disatnclnatton does not lobe place, The CONSULTANT shag cono with theAnherkms with Dbabdides Act and kwA ado afgrumam action to woure that mhch d dminadon does not take place. The City F of South mhmfs m ft pmcdoea soft to emio with all app@cable %derd regulations ring errghlaimhente9oftand 6-1-59 miqlnelsq. pmcdari In general. Thus, ag h*Aduak and ambles seelft to do wo& for the CITY are end to comply with aq eai erygpWI* �daton, ink the more of the Urdaed Sues &"%W trhent of juake pmw tng to employmmt dwky and Poem By sWnB this AGREWENT. the CONSULTANT hereby cerdBes under penalty of perfury, to the CITY. that CONSULTANT Is in conVilance with all app cdde more and laws gavmdng alidorlimM Pmcftm 32.0 SoMmIOLLm This AGREEMENT and the pelfornhanoe of serwom hereurAer VA he gave W by the laws of dw Stare of Rom, with a Wuslye venue for the ramhWon of .mW RoddL 33.0 o " O � AGREEMW S not become e�afy+® bet County, undf k has boen- 0cuted by bosh paroles h and approved by the Cky Common If such WWW Is by Ckys Ct mwq and the efiecdve date shall be the dace of its mmutlon by d hu parW so mecuft k or if C.it Comn*don is aired by the Cky s Chartere then the approval by City Commie ion. why is tamer. 34.0 It is spacMcafly understood and agreed that no odw Iverson or endty shall be a third -party beneflcW7 hereunder. and that none of provlslons of this AGREEMENT shall be for the benefit of or be enforceable by PAW SS of 68 Thmm P. Pep Im 12=14 130 18 25 anyone other than the parties hereon, and that only the parries hereto shall have any rtou hereunder. 35.0 tpdmr A=rmm& The parties hereto owee to execute any and all other and further docufients as wd& be neoeuery In order to rarrtfy9 corrflrnrh, and effectuate the Interuand purposes of this X0 M=MLB§Mm Tina: is of the mmence o(thk AGRE 941 MT. 37.0 ThisAGRE94ENT shag not be car suvwl more saw* apbm etdu r waftL A0 P heretor r vvho hereto dog n delauk esponMeforlmof In lure to perform its under this AG= If caused by acts of God, chrti commotion, strikes, labor d#:puoes, or governmental deronds or moments that could not be rmasanaW woad and the offerts avoided or ndtpuA Each party shall notliyi the other of any such occurrence. 39.0 Submumuft If agowed by thb AGNME ff, the COMULTAPIT shag be as 64 resporf m the CITY for tore arts and onMons of Its subcontrartor:/suboonsuhenta as It Is ftr do arts and one of people dlrecty empkgW by It AD subcontracoars/subcon:ultants and their end if allowed by" AGRMENT, least be appronted by the CITY. The CC MLTANT zW require each subcosetrr- r. who Is appr wed by the CITY, to opw In the stilmmet to observe and be bound by as oblirdom and co ens of this AGREED E t1T to Which MNSULTANT Is bound. 40.0 PuMic CONSULTANT and all of In aubcmazcwm are required to co6 CITmp wtdh the puidic records loaf ((s.l 1�.070�1)) atle pr+ovg goods andlor s of the Y and do CONSULTANT, under such condhions, shall lnocrporate this paragraph In ag of Its m nuacfor thk Project. Under such condition, CONSULTANT and Its subcontractors are specificaf y required to: (a) Keep and maintain public records requIred by the public genq to perform the serAM (b) Upon r born th® public s amodian of pubk records„ provide the public cry veld a copy of tare requested r+ecortls or allow the n8cord: to be Inapeooed or copied wltdn a tune as a cost dot does not ®coast the cost p vdded in dit dhapter or as otherwise provided by law; (c) Sure that public record: that are esoN q p w conOdendal and m comptfrom public records disclosure reqroll'al are not m cept as sudhori>oed by law for the duredw of the contract term and "Wft cmPledon of the corntratt if the conaattor does not transfer the records to the pMc agency; and (d) Upon conch of the conte'act: transfer, at no cost; to the PUM agency all public records In won of the eontraceor or Imp and min pubk records regdmd by vamdm a� rem toedw pu publk to 'doom of o cormact; eth eoria oor �destroyt any dupa� p�V reds 1� arm etontpt or oonRdMW and wcenrpt from public records disclosure if the contractor Ies and rnaLgmlm pttb'11e records upon et:n Lion of the eontirect, the eomractorr sw nteet ap app�abte regtdrernetts for mWnkg public records. All records scored eIft-u nk* must be provided to the public agency, upon request from the public oSe*s cuswdkn ed public record In a fomut tilt Is compatible with the Informaadon technology► System of the public wry• IF THIS CCWMCTOR HM QUEMOM PAGAMI14G THE APPLICATION OF CHAPTER so 9j, FLONDA STATUM, TO THE CONTRACTOR'S OLM TO PROVIDE PULUC RECORDS RELATING TO THIS CONTRACTg CONTACT THE CUSTODOM OF PUEUC RECORDS AT 305-663-6340; E-mall: mmenert southslug .Rods 6 0 30 sunset: Daly% South MlamL F. 33643. 41.0 NO= Whenever notice shall be required or permitted herein. It shall be pwmof" Then es F: Fope rtrrumre tO 19 26 ddivered by hand deMawy. a -mad (or slmdw elQ.ctnonic tM=nkdwN facsitnlle transmisdon or certified mail, with return receipt requested and shall deemed • ddeiverd an the date shown on die e.mall or delivery coidh a ion for any fadm0a awsminlon or. If by cerdfied nvA the data on the return receipt or die date shown as the date Same was refused or unclaimed. If hand _iiv�er+ed to the CI1Y. a copy must be stamped with the of fief City recelpt sump shaving the date of deN . other Ase the doannent shall not be carrddered to haw+e bow delivered. Notices shall be dellvered to the followving WAviduals. or and" at the addresses (IncludIng e-nha* or faWmile vransmbdon numbers sot forth below: To CITY: City ManW. 6130 Sunset Dr. South Mlant Fl. 33143 Tek (" 669-2510 Faic (3" 1163■634S E-r1t$il: saleicander@southmiamiflgov With copies to City Attorney 613E0 Sunset Dr. South MhmL FL 33143 Tek (305) 667.2664 Imc (M) 34143N To CONSULTANT: 42.0 Cam= The CONSULTANT mud hs r�preseritedie who d tics A ENT hereby certifies under pen ty of perjhuy flat the CONSULTANTT and its •r+tp ownta a hewn and have . die corporate pow and that dW have cormphd with all applicable legal requlraments necessary to adopt coon and dellm this AGREEIW and to sesame .die Thies and ob4gadons cried hereunder; and that this AGREEMIT is drdf► ootecuoed and dehverW by an authorized corporate of 1wo In acoordanca with such o0 ..s powers to bind lire CONSULTAW ham. and constimas a walldd and binding obllgadan enforceable In a000rda--a with its terms, conditions and provtsIm IN WITNESS WHEM®F, tfhls AGREE14ENT was signed on or b*re the date Im above written subject to the terms and eondbions on forth herein. 8Y City of Mhml Br. efl i f ti� merle K M en6ndew. CHC s cry uerk ► PWs7ot86 F.ft" IWIM1b 141 20 4A gum ssw Nn% UVW, lWomas F."Fam Esq. C[wAmrmi hp goof w 142 21 28 ?V�QV f ��AI O lA ran rtritst pt�SMt �tv�+ai ADDENDUM T® PROFESSIONAL SE CE AGREEMENT matsemi Ee and he' hoe! uai 8meeee RFQIIPWIOI&n The City and CONSULTANT agree that a separate rotational list wlil be dedlcatred for work perfomed under a continuing professional service contract/ as specified in the Scope of Sen4m, for "Certified Arborh to Servim..° and a separate rnotatlonal list will be established for all CCNA professional services. `Certified Arbodsts SerAces" Is defbned as: o Seruhm: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure eornplianee with the regulations outpned In Section 20.4.8.1 of the CWs land Development Code. The review hndudes the initial site insp®cdm followed up by the determination of mitigation and a final Inspection. When needed, assist City Departments with other issues related to the maintenance, preservation, and protection of trees on both private and public properly. The n tftul list for "Certified Arbodo S~ will rotate emy three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under fbur (4) separate but similar Professional Sem os, Agreements. T�yT --�- •� _ SOf jy r parse of Signatory) Read and Approved as to Form, Language, Lq3llty and won them • - =� Thornas F. Pepe, aty Attomeyy r .1-000' r--� •S§WV& MOM By: tern Ale�der, any Manager 22 29 ATTACHMENT A 116COMPENUTION119 PROMMMAL SE9MCE AGREEMENT Par 59 d 66 P.Paa IWIVIO1a 143 23 30 Professional General Engineering & Architectural Services RFQ #PW12016-22 Wage -Rates Summary • Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 ProMana gr $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Des er/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landsca Architect $125.00 Landscape Architect $115.00 Landscape Architect Intem $70.00 Arborist $75.00 LMOty Coordinator $90.00 Surveyor / Mapper $85.00 Survey Technician $60.00 7zan Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior administrative Assistant $65.00 Clerical $45.00 24 31 INSURANCE & INDENNIFICATION REQUOREMENTS WNA.s�cvaca3�� sSaw EqftweftarAA--O&- AwW3wvhxe 1.010 IMMM A. VWd'mut Ilntidng Its kWW. the contractor. consultant or conaedting firm (hereirutimr Maired to, as "RRiM" with regard to liesurance and lnde n1flcadon requirements) " be required to procure and maintain at Its own mWem during the life of the Contract Insurance of the and in die mbdnwn amounts stated below as will pratact the FIRM. from dalms which any arbe out of or result from the cwv= or the pefoom of the contract whfi the Chy of South Mink vdmther such cWm b galmt the FIRM or any subpar, or by anyone arecefy or him* ernplovd by any of Shen or by anyone for whose acts any of then may be liable. L No Insurance required by the CITY shag be issued or written by a surplus Ones carrier unless authorised In writing by the CITY and such audroradon shall be at the C" Y's sate and absolute discr+eftm The FIRM dW purchase Insurance fr=n and shall mahetaln to Insurance with a company or companies tawfully audeorised to sell Insurance in the Sum of Florfde. on forms approved by the State of Flom. as will protect the FMK at a minimum, from all claims as set forth below which may arise out of or result *= the FHWs operations under the Contract and for which the RRM may be WS* Odk whather sine all ona be by the FIRM or by a Subconvactor or by anyone dimelly or indirectly Toyed by any of them, or by anyone for whose acts any of diem may be liable: (a) Balms wWw workers! compmatick dbablllty benefit and other similar emp`ayee bwAt acts which are applicable to the Work to be performed; (b) marts for damages became of bodily Injurys oecupadwW sickness or or dash of the FIRM err : (c) cams for dams became of ba ft Injury. dckness or diseam or death of any person other than the FIRlri's employeeem (d) claims for Ban ges rooted by useral personW injury bablilgr coverW. (e) claims for darnagm ather than to the Work hseK becum of injury to or destruction of UNSIble property, kxkWlq toss of use resulting there from (I) claims for damWs becaeuse of body lnjwy,, death of a person or property damage arising out of owners#etps maltn0enance or use of a motor vehkk (g) claims for bodSy Injury or property dame arising out of eam#Naed operatiow and (h) dhims Imolf g contractual tiaNty insurance applicable to the FlW9 obgations under the Contract. 1.011 Fbu& Innumn Cimff& The FIRM shall provide and maintain in force and effect until all site Work to be perforated under this Contract has been completed and accepted by CITY (or for such duradon as Is odwrwise spedRed herelnafner) the Insurance coverage written on Florld3 approved im nand as set forth below. 1.012 at the staautory amount as tb ail ennployees in compliance with the "Workers' Corttpensation Laws' of the State of Florida Including Chapter 440. Florlda Scawtes as presently written or hereafter amended, and all applicable federal lawn. Pate 60 of" IWIMIG� ,as 25 32 In addition, the polides nit Induft Snployeri WNW at the smanary coaerage ae-mm 'The RRM shag &rdw b=e that aU of Iw Sub —in- actors n bnain appropriate kvgk of VIlorioer's Common tiraaranm 1.015 CammgmWC=pmbmdmGm=LLbMlotlnarmmviAbroWfbrineadormmm as well as autarnoblte lbbMW, compered aperadons and products liabliky, cmiu acaW lkbft, Sou erabSlg► of inosrest Stith arose kbliitjr pmvbion, and personal injury and properep damage nabft wish Ondts of $I.O00,000 combined aingte Ilndt per ocarmce, and $2,0M000 ° $1 M ° 1Medtd bmnmc 85 per person: ° Propev Dante $500.M each occurmcel 1.014 itssmlme shall be wdttm on a Ronda approved form wide the same eoe+e W as the primary hsummee polity but in the amount of $1.000,1100 per cbbn and $2,00tIbf W Annual tea. C4mrgp must be afforded on a form rm nsoreaMdm than dm [scan edition of the Compssbers:lve General Ud ft fxAW,,wWiMrMrIcdw es toed by the InmY=we Services Otllce, and anal bsdudec (a) P -artd Operadon (b) n iferst Conwactm (c) Products andler Gold Operadom Has" (d) Essplorsiat, Come and Underg =nd Hmerd Caverap (e) Broad t ftoperr/ Damage (t) Broad Form Contractual Cove W apple to the qwac Contract bndudtgg any hold harmless andfor 11de utficadoon agreement (S) Personal Injury Caere whh Employee and Contractual 6ocludons remove$ with mars Itm>sa of cawnp equal to those re*red for Badly Injury LiabEltj► and PM" DMW • LOIS adds mbnimum b is of One MMI*n Dollars ($I.00a000ua0j plus an additional One Mi$on Dollar ($1, umbrella per oaurrence co INbftiw Badly Injury LWft and Property Damp Llal ft. umbrella coverage mum be worded on aform rm more remkdve than the latest edition of dw Business AutomoldlelAabftpaocp. without ressrkdve endorsements, as tiled by with the staff of Ronda, and must hWudec (a) Owned Vd*hL (b) craned and Wn.Owned Vehios (e) 6nplay d Non-owner*p 1.016 �U=1iACTSe The RRM agree: that If any part of the Work wader the Contract is sublet: dw subcontract shall contain the Same inwrance pro Mon as required by of the R m, odser than tine Fire and SwWed Comae Mumma and subsda—g-the word Subcontratter for the word MRM and subsdtam tits word FIRM for CITY where andicMe. 1.017 C. In the ment that this contrast Isvalves the oonmcdon of a strucom; the RRM shall mainah wits an Insurance Company or Insurance Companies aoaeptabla to the CITY. fornVAD Rkk bouranee on buiMbigs and:trumv% Including Vann A 1Maiidous Mbchlef eoroemge, white in the cease ct cors:trucdors, Mduding t�oundadona, additions, attachments and aQ permarnmt tbctnres belongft co and consdtuft a part of Page 61 of" Thom= W. ftVa sarruaono 148 26 33 said buffdbW or strucalres. The policy or policies shall also cover machinery. if the can of noNtery Is Included In the Contract or if the maciftery is located In a building d at Is bebtg renovated by reason of this contrace. The amount of Insurance must; at all timek be at Nicer equal to the rephaceneat and acmal cub value of the Insured "properq. The pricy shag be in the name of the CITY and the R rm, as their interest play appear, and shall also Dover the Interests of all Subcontractors performing Work D. Aq of the provisions set fords in Miscellaneous seedon herein below shall apphy to this ewarae unless it would be dearly not applicable. 1.+018 F. If any notice of canswdladon of Insurance or chaW In coverage is issued by the Insurance ce company or should any Insurance nave an =Whudon date that wN occur dusvt the period of this contract the FIRM sW be respo- W - for securing other e I onriee prior to such aancetladon. dwgp or eagradw so as to provide aontht "cutvemp as spadhed in this section and so as to maintain coverage duff the No of this Contract G. AN deduce must, be declared by the FIRM and moat be approved by the CITY. At the opdon of the CITYo eidter due FIRM shall elate or re& such deducdble or the RRM dWI procure a Bond. In a form sadshcory to the City covering the same. H. The potldes shall contain w avver of subro�don against CITY where applicable, stall o We* provide ttwt such policy or are primary over any odmr collectible btsu m that CITY may have. The CITY reserves the rWrt at airy dine to request.a copy of do acquired policies for review. Ad policies sWI contain a "save ability of Inter' or "crass Imo' clause writimm obtAIonn for prembum payment of the CITY as weD as Bono acaua9hWft provision covwft the RPJWS duty to indemnify the City as provided In this Agreement. 1. Befbre starting the Wort` the FIRM shall deliver to t9tt CITY cerdlicates of such hwvanm acoeptaMe to the CITY, as well as the Insurance binder, If one Is Issued, the hauranee poky. Incluiq the declaration page and all applicable etudoraernenta mW provide the rams, address and telephone number of the Insurance Mot or broiusr through whom the policy was obtebned. The Insurer shall be rated AVU or bsmer per AM. Bends Key Radng Gulde. latest edition and authorized oo issue woe in the State of Rorida. AD insurance poWes euast be written on forma approved by the State of Florida and they must remain in full force and a%t for th+e dwadon of the contract period with the CITY. The FIRM my be required by the CITY, at In sole Edon, to provide a "cerd5ed coW' of the Policy (as defined in Article i of thli docwm* which chug Include the dedaradon page and all requires endorsements. In addidon, the FIRM shall deliver, at the time of delivery of the Insurance eardAtam tone following endorsemerttsc (3) a pollcy prov1donn or an endorsement with substantlally similar provisions as follows: "Tha City of South Miami is an adds ImW baud. The [mum shall pair all sums that the City of �{S,out�h Miami becomes I*ty o to pay as dunoges because of ``ofw"..l Int1�" y , Oproperty &nqe • or "pemonal and advertising bW and It wig provide to the City all of the coverage that is typically provided under the standard Ronda approved forms for aommerda9 general Ibtbility coverage A and coverage r: FNF 63 of 66 VWM=F.ftPO IW13=16 147 27 34 S£ eh "mated xq ao/pue All:) mpjo ssol .so awedua asp &qPnpu!'4spamp uopmuuoc tq'nA*OMIM GM= JO PUPI AMP mumdw p1m umq % uW Its Asd P42 su 1J aU bijawmvDv spp japun suopd"o sum asp;O cmmmi ,to e�vs3uua wd � we u; Mtppow .ro � s: as umppul �ttawaa� PP 3no sawn�p;o AN PON uo 10 Omw 8upx euoAm.so vulpa so of hm %GA 's:mlE' .Wp ;o AWe ao.tavas.4uo�gns/�oa�.attoa q %% SIP 1 I to 3= F000mw '80t a =A Atm to Vnpuoxp ouopgwo 4.jojA uml&u E p 3no SuMn Auadoud An as almap -so mol ap q Pus mmuW .to uomW Aim tpwp m #oa Aniul .soj mpp Mqpnptq wm ao PuP1 Amp wiep m =opup smi Aimp uamm Aq Vdpw Pus m dui %'moo q WjgW WwSp Aso eip W04 ao--§--MAOMU JO oa PWUMP VW& MAN Jo'Aq RJWW 09 AY 43W" oeqpft F 3e Pm uopwnm 410mm uwft Am &Qmm ao &qnp mm jwd pwin4l Pm a4 Welp 1 Pug a% pbpjw %% $ ols mmm lonpiq po no ao =Mdrpnl W4 vim viump %um vonq 941vwpp p Pua An suoq sswpmq a Ptts womma ' 1 ul'AmPioi Pn om'PmPPI'Axuuqm IAA uuw au VIAM a*jo man uo Jo *am ftn euoft Jo uum etp;o 3lmy jw .to G*uawm a&p = anp hAW&W SAID etlt w Slqur= R MP ZOO 10 3FM 81P SYnP aSIX aqua mq o' Pvap1m An p qW P s+=i AlPMDPA PUB =boos UUM OU mmimbovI Pajagmin PUB OMPOP ' aAP mP a AP a* A9 ftpm ul paq wpm mpm MIA Ali Ana s Aq Paml eI limp wuzwmq oN wlgsodac Mp 81W{sla►'aaoW FWD& MM 0* PM MOM esp Ul #WULMI A1M ism d =%d qpWS mquW Anu WW G* *JSAWAJJzmmdly qM AR bald An p Pa u - so q" aq q1 Aq Pu1abi jo Woo= UWJW Aim A9 uoa3e�vo� gnSpa' q WVM aA Ai pwjWW Wmo asp p um SMm =M.M a kd a4 paael90 1 ewmq UM WW Up q3 Wn tM P JOJ NPPQW AMP 3Pq91P P %S F i MM C63ou6AM)f WPP .sad qqFmM qqa OOOWI$p =wm op iq " pmaift MaH t uo ewwml ul Pus i6W spy tq u 'AWJ s tau ca aummomm jo •AOsuam `ram asmppie AD ow = AWAPP P qqa slow Palpm AI AD etp as "AAPP u9 PP UWDgpaU eU vanu An m* mod asp swupm a.to p*uw can AMW mp Abl = Appam as 3u m a* P NPU uaupm PCPs ouP (01) = pi was p AD alsRUIO AM umpim FWM 4PMM 10 pmvjpm lwmuxud ;o 3u8u ke&vou.6% tro- 2qppuopopwwsqWupWAqpdqUw a ux! .gsup 4ppmwp qqm 3sassuas wa us; .0 uolslOW mod s (;) F. .9 o4lloe M affifttm employee% successors and asa4M Including their attorneys fees, In the Adem of any action In law or equity brought asainst diem and arising from the neg%ent error. ombskm or act of the Rm% Its SulaContr emr or any of their agents, represerhtativet, etloyees, or assigas, andfor arising out of or Incident for this grwmft or Incident to or madting from the performance or non-performance of the RWs d4pdons under this AGREEMENT. J. The Firm agrees and re cogtfta flat netdter the CITY nor its ofRoers, afliEiams. •mplayes. successors and assf gns dmQ be held Qable or. for any claims, Induding the attests and a pmm of defttdiq such elms which my remit from or arise out of actions or entlsstons of the Rrn% Its contracoar//suboonaasoor or any of their agent, repr tl4ei6 en oeyees, or assW% or anyone acting du=0 or an behaliof the deem, and arisg out of or Bona ring the work or wient that Is occurrlrg on the Crffs property. In revlaaring apprawrfng or rejecting any s knisdons or acts of the frm. CITY In no way assumes or dwes or Ilabitlt;r for the acts or omisdons of the I:ft% its eorutractorlsubcontrmtor or any of their agent, represer es. wnployee% or assIM or anyone acting through or on behalf of them. K. TMRnnhudmdutytoprovldeadekmwManattF, ey or law firm approved by the Cky of South Aktml, which approval win not be unreasonably whhhetd. L Howw, r. as to professional contracts, and pumuant to Section 725.08 (1). Rorlda Stag m& none of the ptrovistans set forth herein above dust are in conflict wk h sick subpara�aph shall appl i and this subparay* shall set forth the role btfity of the design profwslomaf concerting Indmmhtif[cadon. Thus, the deign pro%sslonars ob ns as to the Chi► and Its agencies, as well as to Its officers and empfagrees. Is to bedemntfy and hold them harmless from lkb fidm damages. !oases, and costs. Including; but not Ilnhtted to, reasonable morneye fam to the extent caused by the neg%em, reddessnesa. or Intendonatly wrongful conduct of the design professional and other persons employed or udfized by the desi p professional In the performance of the contraact. TKIS IS INCLUDED IN THE GENERAL CONDITIONS END Of SECQK+I Pap 64of" Thaw= F. Pege rerruaore 149 29 36 PROPOSAL SUBMITTAL CHECKLIST FORM "CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK" RFP #IPR2020.16 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 n;I _ n�__,:r_;.cnv The City, at its X discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. J X Schedule of Values. EXHIBIT 1, Attachment C Insurance and Indemnification, EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Signed Contract Documents (All — including General Conditions and Supplementary Conditions if attached) EXHIBIT 4, S & 6 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 Is of 110 37 RESPONDENT QUALIFICATION STATEMENT CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-16 The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past S years 12 _ In the past 5 years On Schedule 12 b) In the past 10 years 30 In the past 10 years On Schedule 30 2. List the last five (5) completed similar projects. a) Project Name: 235 Alcazar Owner Name: Atlantic Broadband Owner Address: 1681 John F. Kennedy Causeway, North Bay Village, FL 33141 Owner Telephone: (305) 968-7917 Original Contract Completion Time (Days): 60 days ---- — Original Contract Completion Date: 2/20/2020 Actual Final Contract Completion Date: 2/20/2020 Original Contract Price: $ 49,898.00 Actual final Contract Price: $ 49.898.00 b) Project Name: Beach Redundant Owner Name: Atlantic Broadband Owner Address: 1681 John F. Kennedy Causeway, North Bay Village, FL 33141 Owner Telephone: (305) 968-7917 Original Contract Completion Time (Days): 180 days Original Contract Completion Date: 6/2018 Actual Final Contract Completion Date: 612018 Original Contract Price: $ 602,000.00 Actual Final Contract Price $ 602,000.00 C) Project Name: Miami GArdens Concrete Restoration 16 of 110 75 Owner Name: Mastec Owner Address: 18455 NE 2 AVE Miami Gardens, FL 33179 Owner Telephone: (305) 907-3946 Original Contract Completion Time (Days): 15 days Original Contract Completion Date: 3/2020 Actual Final Contract Completion Date: 312020 Original Contract Price: $15.785.70 Actual Final Contract Price: $15,785.70 d) Project Name: Doral Expansion Owner Name: Atlantic Broadband Owner Address: 1681 John F. Kennedy Causeway North Nay Village, FL 33141 Owner Telephone: (305) 968-7917 Original Contract Completion Time (Days): 180 days Original Contract Completion Date: 11/2018 Actual Final Contract Completion Date: 11/2018 Original Contract Price: $ 167,020.78 Actual Final Contract Price: $167,020.78 e) Project Name: San Soucl Dome Owner Name: Atlantic Broadband Owner Address: 1681 John F. Kennedy Causeway North Bay Village, FL 33141 Owner Telephone: (305) 968-7917 Original Contract Completion Time (Days): 120 days Original Contract Completion Date: 312019 Actual Final Contract Completion Date: 312019 Original Contract Price: $103,311.00 Actual Final Contract Price: $103,311.00 17of 110 76 3. Currentworkload Name Head Ertl Move OwnerProject Atlantic Broadband (305) 9664917 $717,949.10 Asphalt Routine Maintenance FOOT-Distrcit 6 Maintenance (305) 470-5229 S 150,DOD.00 Bridgewater Atlantic Broadband (305) 968-7917 $ 698,240.40 Carriage Hills Atlantic Broadband (305) 968-7917 $ 654.468.00 Installation of Bicycle Lanes with Separation from Travel Lanes City of South Miami (305) 403-2063 $ 398.457.00 4. The following information must be attached to the proposal. a) RESPONDENTS home office organization chart. b) RESPONDENT's proposed project organizational chart c) Resumes of proposed key project personnel, including on -site Superintendent. S. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi -Government Agencies for which you have done business within the past five (5) years. Name of Agency: City of Miramar Address: 2300 Civic Center Place Miramar, FL 33025 Telephone No.: (954) 602-3315 Contact Person: Alexander Shershevsky Type of Project Underground Construction- Install conduit along Miramar Parkway I of 110 rh Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project 19 of 110 781 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-16 Respondent must list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Other. Subcontractor Name Address Telephone, Fax & Email aterlal Testing Services Universal Engineering Sciences 7260 58 Miami, FL33166 (305) 249-8434 Poligon Shelter REP Services, Inc. 165 W. Jessup Ave. ongwood, FL 32750-414 (407) 853-3560 jacqui@repservices.coi Sheet Steel Retaining Wall, Concrete Cap Piling Plus, Inc. 4856 ocalre Blvd Boca Raton, FL 33487 (954) 570-5068 pilingsplusdavid@yahoo Tree removal and relocation Native Tree Service 15733 W 117 AVE Miami, FL 33177 (305) 233-1178 (305) 238-8878 This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 20 of 110 cam 79 NON -COLLUSION AFFIDAVIT CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-16 STATE OF FLORIDA COUNTY OF MIAMI-DADE Katiuska Hurles being first duly sworn, deposes and states thac (1) He/She/Theyis/are the President (Owner, Partner, Officer, Representative or Agent) of Unitec Inc. the Respondent that has submitted the attached Proposal; (2) HelShelThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or Indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed., sealed and delivered in the presence of: 1 � < By: 1 1 Z.d= ss Signature Katiuska Hurles, President Wit ess Print Name and Tide August 17, 2020 Date ACKN0WLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the 17th day of August , 20 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) Katiuska Hurles and whose name(s) islare Subscribed to the within instrument, and helshelthey acknowledge that he/shelthey executed it. 21 of 110 80 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: ucty{oidf�N�1PsR�8 do kw sajog •ulwoo dw L406�0 � 0 uotsslwtttc? • • . '' ulVS-�llARndtie�N ' L4"� Notary Public, State of Florida Javier Parera (Name of Notary Public Print, Stamp or type as commissioned) X Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. 22 of 110 81 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020- it 6 Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub -contractor, supplier, Sub -consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity In excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112. Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to City of South Miami [print name of the public entity] by Katiuska Hurles, President [ rint individual's name and title] for unitec Inc. [print name of entity submitting sworn statement] whose business address is 14250 NE 18 Avenue North Miami, FL 33181 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0817802 entity has no FEIN, include the Social Security Number of the individual (If the signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, Including, but not limited to, any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling 23 of 110 82 interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, will be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement [Indicate which statement applies.) X Neither the entity submitting this sworn statement nor any of Its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active In the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor IisL [attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, .FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this 17th day of Personally known OR Produced identification (Type of identification) Form PUR 7068 (Rev.06111192) 24 of 110 UdffU)0`4_Mrdk" RE1DIU055!WW0)NotaryPublic—StateofMy commission expires (Printed, typed or stamped commissioned name of notary public) BJ DRUG FREE WORKPLACE CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020.16 Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug -free workplace program will be given preference in the award process. Established procedures for processing tie Bids or Proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified In subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the procurement of the commodities or contractual services that are under bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign this statemen4 and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENTS Signature: l Print Name: KatiuskB Hurles Date: August 17, 2020 25 of 110 84 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-16 TO THE CITY OF SOUTH MIAMI We, Unitec Inc. , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-16 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and MARLIN ENGINEERING (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub -contractor's names): Universal Services, REP Services, Inc., Piling Plus, Inc., Native Tree Service to comply with such act or regulation. CONTRACTOR Witness BY: Katiuska Hurles Name President Title 26 of 110 85 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-16 The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent', must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondents name appears on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: httpPvw wdmsmvflo icr. ,-__ss oP_c_rarions/state ourchasi vendor information/convic[ d coo ended_ disctbi0,ntory_conip.;: DECLARATION UNDER PENALTY OF PERJURY I, Katiuska Hurles (hereinafter referred to as the "Declarant") state, that the following facts are true and correct (1) 1 represent the Respondent whose name is Unitec Inc. (2) 1 have the following relationship with the Respondent PreSiriant (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (d Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) 1 have reviewed the Florida Department of Management Services website at the following URL address: scriminatory_complaints_vendor lists — ' (4) 1 have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondents name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor Ust Federal Excluded Parties List _ Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Under penalties of perjury, and as the person authorized to sign this statement. I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. Katigska Hurles [ name of Dedaran[) By: (Signam of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the 17th day of August , 20 2O , before me, the undersigned authority, personally appeared Katiu�Hurles who is personally know to me or who provided the following identification and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. 27 of 110 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL Ito 1AVIER PARERA * Nowy Publk -State of Fwdb • * • F Commission A GG 0607 MyComm EomsMay23 MI 28 of 110 Notary Public, State of Florida Javier Parera (Name of Notary Public: Print, Scamp or type as commissioned.) 87 RELATED PARTY TRANSACTION VERIFICATION FORM CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-16 Katuiska Hurles , individually and on behalf of Unitec Inc. ("Firm") have Name of Representative CompanylVendorlEntity read the City of South Miami ("Ciity")'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined In section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the N/A city, or with any person or agency acting for the city, other than as follows: _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent Investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: N/A (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: N/A (if necessary, use a separate sheet to supply additional information that will not flt on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5)1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. 29 of 110 88 (6)1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: N/A (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X TurchasinglVendor Registration112.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither 1 nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (1) any member of the City Commission; (ii) any city employee; or (III) any member of any board or agency of the City other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City In which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons immediate family (i.e. spouse, parents, child RPA and sisters) have also responded, other than the following: IIVV// (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation Into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement. I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is in full compli with the above �/ ' emenu. Signature: _ / Print Name a Title: Katiuska Hurles, President Date August 17, 2020 30 of 110 89 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (S) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the Immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance In office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may In no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) further prohibition on transacting business with the city. 31 of 110 90 No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though Incorporated by recitation. Additionally, no person included in the term defined In paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included In the term defined in paragraph (b)(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person Included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disdowre. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I I Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of o f f idol position prohibited No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. 32 of 110 91 No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. 0) Prohibition on outside employment (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I -I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from Individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest (1) Certain appearances and payment prohibited (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt_ (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional service& No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional 33 of 110 92 or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person Included in the terms defined In paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided In section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 34 of 110 93 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-16 This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, Katiuska Hurles makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the fads stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Exec tedthis 17th da f August 2o2l). Signature of Representative Katiuska Hurles, President Unitec Inc. Print Name and Title Print name of entity being represented END OF SECTION 35 of 110 94 2020 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P98000023322 Entity Name: UNITEC INC. Current Principal Place of Business: 14250 NE 1811H AVENUE NORTH MIAM1, FL 33181 Current Maillttg Address: 14250 NE 18TH AVENUE NORTH MIAMI , FL 33026 US FEI Number: 65-0817802 Name and Address of Current Registered Agent: HURLES, KATIUSKA 14250 NE 18TH AVENUE NORTH MIAN 1, FL 33181 US FILED Jan 15, 2020 Secretary of State 0144855089CC Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, In the State of Flodda. SIGNATURE- 0 . Electronic Signature of Registered Agent Officer/Director Detail Title VP Title PRESIDENT Name ESCORCIA, JORGE Name HURLES, KATIUSKA Address 5100 SW 148TH AVENUE Address 11401 KNOTWAY City-State-ZiX SOUTHWEST RANCHES FL 33331 City -State -ZIP: COOPER CITY FL 33020 Date t hereby caMy Hui Hie btfomurtion Wkafed on this report or supptenw131 report to true and accurate and Htat ►►W etecbunk signature shall hove the same legd efhaet as lrmade under osth; that r ®m an altk or dlreetor of the corporation or Hie recohw or trustee awowemd to execute this report as required by Chapter $07, Florida Statutes; and that my name appears above, or on w aMV—'urtent' M all other Ob empowered, SIGNATURE: KATIUSKA HURLES PRESIDENT 01/15/2020 Electronic Signature of Signing Officer/Director Detail Date 95 o06iii'.. Local Business Tax Receipt (' QT Miami -Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 7147358 BUINIESS UWADCRTtOR RE6E1Pf NO, EXPIRES UNtTEC RENEWAL SEPTEMBER 30,2121 14250 NE 18TH AVE 7563566 Must be dleplaved at place of business NORTH MIAMI FL 33181 Pursuant to County Cade Chapter SA - Art. 9 & 10 OWNS SEC.MEOFBU En UNITEC INC 196 GENERAL BUILDING CONTRACTOR eR1 11E11111 CGC1527259 ay TAEmttEcras $45.00 07/30/2020 Worker(s) T CHECK21-2D-066561 This Laos? Bonham Tn Race[ pt only confines payment or Me Local Business Tex. The Bscolpt is not a license, "ret or a certification otthaVidor's gnotifications, to do busimmm Holder must comply with any Bovemmentel ar nongovernmental m9uletory levee end requirements which apply to the husiness. The RECEIPT NO. above must be displayed an all commercial vehicles - Miami -Dade Code Sac IIe476. For mom inrannalloa, visit BB10B.IIIIB�dfldGBRldealgllac142 ¢osste- Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL-00 NOT PAY 7147358 BUMM RANEABPATW11 UNErEC 14250 NE 18TH AVE NORTH MIAMIFL33181 OWNER UNREC INC Workers) LBT otcmnm EXPIRES RENEWAL SEPTEMBER 30, 2021 7424393 Moat be dmpleyed et place of business pursuant to County Code 0, Chapter BA— Art. 9 & 10 SeEmPEeF9,SoNEte 196 SPECIALTY ENGINEERING CONTRACI4nTA CUC1224567 h $45.00 07/30/2020 CHECK21-20-066563 This Local Bealsen Tat Reoelpt onlyurd permpR¢IYn rncel &ninenTea. Ths YeselptisnMaIicama, pnmk,¢re wNfintien ofthekoldeYe;ppyjS6 mY,t do hoelnea. 11", mttoomplpvAhenp pvrefinerdel m noapooermeeaial npdemmy laws sodnghimNub which applytadW haalna. The REBEIPTRO. shun man IN dloplayed on eY amnarciel nhldn-Mimd-0ade fade Se¢ ea-176 Formate Irdarmation, vlak Mell6silenidsdaawAsse¢IIaeW 97 Ron DeSantis, Governor STATE OF FLORIDA Halsey Beshears, Secretary Up% r DEPARTMENT OF BUSINESS-AND:P_ROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ► Y - _x- THE GENERAL CONTRWCTOR HEREIN' -IS CERTIFIED,UNDER THE PROVISIONS OF CHAPTER 489, FLORIDkSTATUTES ti" Ir' HURL -ES, KATIUSKX 3= 14250'NE 18TH AVENUE `-NORTH:MIAW FL 3318f�",' LICENSE°NUMBER: CGCl'52M EXPIRATION:DATEI AUGUST 31, 2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. R RICK SCOTT. GOVERNOR JONATHAN 7ACH EM, SECRET AKY dbOr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND- PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY &`EXCAVATION CO HEREIN IS CERTIFIED UNDER THE PROVISIONS OFLHAPTER 489, FLORIDA STATUTES "hoc G. MURLES, WI;USKP� j _.:UNITEC ' 11'40.11<1 COOPER Cl FL.3i76 Y L SE•NOMBER. CUC1224567 EXPIRATION DATE: AUGUST 31, 2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. 42 r This is your license. -It is unlawful for anyone other than the licensee to use this document. W=9 Request for Taxpayer For, (Rev. oaober2018) , w Identification Number and Certification Give Form to the requester. Do not Department at the Treasury Internal Revenue Service ► Go to www.1rs.gov1FbnnW9 for instructions and the latest infonmatiom send to the IRS. 1 Name (as shown on your € =rne tax return). Name Is required on this line; do not leave this tine blank. Unitec Inc. 2 Business narne/disregarded entity name, if different from above Unitec M � 3 Check pew appropriate box for federal tax classification of the n whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see c instructions on page 3): ❑ Individual/sole proprietor or ❑ C Corporation R1 S Corporation ❑ Partnership ❑ Trust/estate mo single -member LLC Exempt payee code (If a* ❑ Umited liability company. Enter the tax classification (C=C corporation, S=S corporation, P,Partnershlp) ► p Note. Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC €s e another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. W p�' ❑ Other (see Instructions) ► Kopi„ to agod, e?„ u si S Address (number, street, and apt. or suite no.) See Instructions. co Requester's name and address (optional) 11401 Knotwa 8 City, state, and ZIP code Cooper Citv FI 33026 7 List a000unt number(s) here (optional) •oft Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it Is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. I Social security number or Employer identification number 765— 0 1 8 1-1 1 7 1 8 1 0 2 Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report al Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TiN. See the Instructions for Part ll, later. Sign signature of Kati U Ska H U rieS Digitally signed by Katiuska Hudes Here U.S. person ► Date: 2020.022714:63:08-05'017 Date ► General Instructions Section references are to the Intemal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov1For7nW9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an information return with the iRS must obtain your correct taxpayer identification number (TiN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns Include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tUtion) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) 100 Javier Parera Office Manager Arelt Rivas Check In Clerk Sonia Guerrero Payroll Clerk Kathy Hurles General Manager Fidel Castillo Install. Warehouse Edwin Davila Install. Sup. Ashley De Armas Admin. Asst. Fernando Marrero Const. Warehouse Roberto Rodriguez Permit Coordinator y O Unitec Organizational Chart Jorge Escorcia Tech Ops Manager Joel Balmaseda Lazaro Gonzalez Juan Carlos Escorcla Osmany Cedeno Installation Manager Construction Sup. Construction Manager Construction Sup. Jose gas Install. Sup. Installers Sub Contractors Jonathan Fernandez Lead Dispatcher Daniel Guzman O.0 Tech Renato Tenorio Dispatch sup. Antonio Diaz Dispatcher Osmany Amador I I Tony Arocha I I Jaime Mondrason Foreman Foreman Foreman Construction Laborers Sub Contractors Adel Torres Dispatcher \\unitm-fst\hr documents\uniwc\orgainzational chart\organizational chart 052517.do, MIGUEL FERNANDEZ 17600 SW 89th Ct, Palmetto Bay, FL 331571305-812-12291 mfernandez@unitecus.com Profile 7 years' experience in heavy civil construction project management, cost estimating, scheduling, quality control, contract compliance, FDOT and City compliance, maintenance of traffic, coordination of subcontractors, suppliers and field personnel. Ability to communicate in English and Spanish with owners, subcontractors, personnel and government agencies regarding project issues. Education UNIVERSITY OF FLORIDA, GAINESVILLE, FL Bachelor of Science, Civil Engineering, GPA 3.0814.0 Experience PROJECT MANAGER J UNITEC INC. I APRIL 2020-CURRENT • City of Miramar - 2" HDPE conduit installation along Miramar Parkway from Tarpon Drive to A cadia Drive and from SW 64 Ave to S.R. 7 - Miramar, Florida - 2020 • FDOTMiami Dade - maintenance contract to repair existing asphalt pavement on various sections of State Roads in Miami- Dade County PROJECT MANAGER I ENGECON CONSTRUCTION, INC. I JANUARY 2014-MARCH 2O20 • Airport Access Road Improvements, Phase 1-3 - Road and Bridge Construction, Drainage, Sidewalk, Signalization, Lighting - Vero Beach, Florida - 2018 • NW California Blvd & NW University Blvd. Intersection Improvements - Road Construction, R-)undabout, Sidewalk - Port St. Lucie, Florida - 2017 • Tamarind Ave. Beautification (Palm Beach Lakes Blvd. to 251h St)- Milling and Resurfacing, Sidewalk - West Palm Beach, Florida - 2016 • Savona Blvd. Sidewalk and Bridge (Gatlin Blvd. to Becker Road) - Sidewalk, Drainage, Pedestrian Bridge - Port St. Lucie, Florida - 2015 • T5500 (SR5 From Valkaria Road to 1st St)- Milling and Resurfacing, Turn Lane Construction, Drainage - FDOT, Brevard County, Florida - 2015 • ESNO7 (Okeechobee Blvd. SB Ramp Improvements/Exit 99)- Milling and Resurfacing, Exit Ramp (.instruction, Drill Shaft - FDOT, Palm Beach, Florida - 2014 • Clematis St Improvements (Tamarind Ave. to Sapodilla Ave.) - Milling and Resurfacing, Sidewalk - West Palm Beach, Florida - 2014 102 Skills & Certificates TECHNICAL • Microsoft Office, Primavera P6 Project Management, Bluebeam, AUTO CAD, Wondershare Video (;converter CERTIFICATES ATSSA Florida Advance Work Zone Traffic Control Certification, DEP Qualified Stormwater Management Inspector • FDOT 100% score in the two FDOT jobs I ran. References • A.vailable upon request 103 PROPOSAL SUBMITTAL CHECKLIST FORM "CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK" RFP #PR2020-25 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 Sur Electronic Bid System (E-Bidding). To register as a business, go to httosd/network.demandscar.com/ The City, at its X discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. ✓ X Schedule of Values, EXHIBIT I, Attachment C ✓ Insurance and Indemnification, EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 ✓ Signed Contract Documents (All — including General Conditions and X Supplementary Conditions if attached) EXHIBIT 4, 5 & 6 ✓ X Respondents Qualification Statement X List of Proposed Subcontractors and Principal Suppliers X Non -Collusion Affidavit J X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace ✓ X Acknowledgement of Conformance with OSHA Standards X J Affidavit Concerning Federal & State Vendor Listings _77- X Related Parry 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. F4Nk 9X*7Z1:14iI ►I 15 of 129 104 UAG Construction LLC 490 NW 5 River Drive Miami FL 33128 Andy Diaz Phone: 305-504-9937 Fax: 888-672-9865 Email: ADiaz@UAGConstruction.com 105 ILL UAGCONSTRUCTION P L A N - C R E A T E - S U S T A I N City of South Miami Procurement Division 6130 Sunset Drive South Miami, Fl 33143 Attn: Steven P Kulick Chief Procurement Officer RE: Construction of New Pedestrian Pathway at Fuchs Park RFP # PW2020-25 Mr. Kulick 490 NW South River Dr. Miami FL 33128 Phone: (305)901-1228 December 1, 2020 UAG Construction is please to present our bid proposal for the above mentioned project. With over 20 years of combined experience in FDOT Roadway projects UAG brings a unique skill set that will be applied to this project to ensure its timely completion. Over the past 4 years UAG Construction has successfully self -performed the following scopes: • Drainage o Storm Water Management o French Drain / Exfiltration Trenches o Manhole and Utility Adjustments o Clearing Concrete Removal o Asphalt Removal o Site Clearing o Debris Disposal • Asphalt o Trench Restoration o Miscellaneous Asphalt for Pedestrian Paths o Roadway Asphalt Material Purchasing ■ Crew Management - Subcontracted • Concrete o F, D, E, Valley Curb 0 4" Ft 6" Sidewalk 0 6" Driveways o Flumes UAG is a growing company with personnel that have a variety of skill sets. Below please find a listing of our active personnel 106 • (2) Project Managers • (4)Superintendents • (1) Office Manager • (3) Operators • (4) Skilled Laborers Below please find our list of equipment and resources • 308 Caterpillar Excavator • T190 Bobcat • CB14 Caterpillar Roller • Tampers • Street Saws • Concrete Cutting Saws • Demolition Hammers • Construction Trailer • Utility Vehicles In addition to our owned resources we have open equipment rental accounts with the following venders • Kelly Tractor • Synergy Equipment • Marcinkoski Gradall • Action Rental UAG Construction is currently approved as a Prime Bidder with FOOT in District 4, District 6, and Florida Turnpike. We have attached our Payment and Performance Bond for reference. UAG Construction is looking forward to the relationship with the City of South Miami. Sincerely, Andy Diaz Senior Project Manager Waco 2 of 107 ��■- NIEL-SON, HOOVER & COMPANY, INC. May 14, 2019 The Florida Department of Transportation Manager, Contracts Administration Office 605 Suwannee Street, M.S. 55 Tallahassee, FL 32399 RE: UAG CONSTRUCTION LLC To Whom It May Concern: This is to advise you that our office provides Performance and Payment Bonds for UAG Construction LLC: Their Surety is Travelers Casualty and Surety Company of America, which carries an A.M. Best Rating of A++ XV and is listed in the Department of the Treasury's Federal Register. Based upon normal and standard underwriting criteria at the time of request, we should be in a position to provide performance and payment bonds for UAG Construction LLC in the amount of $15,000,000 for single projects and a total bonding capacity of $30,000,000. It must be understood; however, that we reserve the right to review all contractual documents prior to final commitment to issue any bonds. UAG Construction LLC is an excellent contractor and we hold them in high regard. We feel extremely confident in them and encourage you to offer them an opportunity to execute any upcoming projects. This letter is not an assumption of liability, nor is it a bid or performance and payment bond. It is issued only as a bonding reference requested by our respected client. Sincerely 7 Ian A. Nipper Attorney -In -Fact 8000 Governo s Square Boulevard Sine 101 Miami Lakea, FL 33016 P: 30S.722,2663 F 305.5589650 www.melsonhondsmm 108 Travelers Casualty and Surety Company of America TRAVELERS Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company. and St. Paul Fire and Marne Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies), and that the Companies do hereby make, constitute and appoint IAN A NIPPER of MIAMI LAKES Florida . their We and lawful Altomey-in-Facl to sign, execute, seal and acknowledge any and all bonds, recognizwces, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and exacutng or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have mused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February. 2017. eiropqN18 egmN% State of Connecticut City of Hartford as By: Robert L. Raney, Se t or Vice President Or this the 3rd day of February. 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vim President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes thereln contalri by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. �� Yin My Commission expires the 30th day of June, 2021 r rim ` � W.j— This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America. Travelers Casually and Surety Company, and SL Paul Fire and Marine Insurance Company, which resolutions are now in full force and effecL reading as follows: RESOLVED, that the Chairman, the President, any Vice Chalrman, any Executive Vice President, any Senior Vim President, any Vice President, any Second Vim President the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -In -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President. any Vim Chairman, any Executive Vim President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it Is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional urdertaking shall be valid and binding upon the Company when (a) signed by the President, any Vim Chairman, any Executive Vice President, any Senior V,m President or any Vim President. any Second Vim President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Companies seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal. if required) by one or more Attomeys-In-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and It is FURTHER RESOLVED, that the signature of each of the following officers: President, any Exemfive Vim President, any Senior Vice President, any Vice Resident, any Assistant Vice President, any Secretary. any Assistant Secretary, and the seal of the Company may be affixed by faciimie to any Power of Attorney or to any certificate relating [hereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate beating sutlr facsimile signature or famimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and faciimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America. Travelers Casualty and Surety C mpany, and St. Paul Fire and Marine Insurance Company, do hereby mrtiy that the above and foregoing is a true and correct copy of the Power of Adomey executed by said Companies, which remains In full form and effect. Gated this 14th day of May , 2019 t �ne0 r ; n 8 aware O °.��.f �[w f Kevin E. Hughes, Ass taut Secretary To verify the authent/dty of this Power cfAttcrney, please fall us art-800-421-3880. Please refer to the above -named Attorney -in -fact and the details of the bond to whitely the power is attached 109 SCEHDULE OF VALUES FUCHS PARK PERIMETER TRAIL CITY OF SOUTH MIAMI DATE: 10/26/2025 Pay Item Description junit I QtY Unit -Cost Cost lS) PERMITS PERMIT FEES LS 1.00 $1.575.00 $1.575.00 101-1 MOBILIZATION IS 1.00 $53.550.00 $53.550.00 102-1 MOT LS DA 1 180 $R 694.00 $R 694.00 104-10-3 SEDIMENT BARRIER IF 1267.00 $1.70 $2154.60 0104-11 FLOATING TURBIDITY BARRIER LF 870.00 $7.58 $6594.00 0104-18 INLET PROTECTION SYSTEM EA 3.00 $274.75 $824.25 107-1 LITER REMOVAL AC 20.53 $71.60 $1470.00 107-2 MOWING AC 16.10 $91.30 $1470.00 110-1-1 CLEARING AND GRUBBING AC 0.57 S69193.16 $39440.10 0120-6 EMBANKMENT CY 1997.00 $16.55 $I6501.80 120-71 REGULAR EXCAVATION CY 459.00 $18.70 $8583.75 0160-4 TYPE B STABILIZATION SY 1535.00 $4.79 $7 350.00 0162-1-12 PREPARED SOIL LAYER FINISH SOIL LAYER 12"AVG. SY 1250.00 $7.20 $8998.50 0285-701 OPTIONAL BASE BASE GROUP 01 SY 1176.00 $8.81 SI0355.63 0334-1-11 SUPERPAVE ASPH CONC TRAF A TN 90.00 $140.00 $12600.00 0400-0-11 CONCRETE CLASS NS. GRAVITY WALL CY 13.50 $I 008.54 $13 615.35 0400-4-5 CONCRETE CLASS IV SUBSTRUCTURE CY 20.00 $1274.18 $25483.50 0415-1-5 REINFORCING STEEL SUBSTRUCTURE La 2699.77 $3.89 $10500.00 0455-133-3 SHEET PILING STEEL- F&I PERMANENT SF 3209.96 $41.05 $131791.30 0515-2311 PEDESTRIAN BICYCLE RAILING ALUMINUM ONLY 42"TYPE 1 LF 357.00 $69.12 S24675.00 0522-2 CONCRETE SIDEWALKAND DRIVEWAYS 6"THICK SY 22.00 $102.14 $2247.00 5274 DETECTABLE WARNING SF 8.00 $79.75 $630.00 570-1.2 PERFORMANCE TURF SOD SY 1250.00 $6.83 $8531.25 0580-1-2 LANDSCAPE COMPLETE - LARGE PLANTS LS 1.00 $12600.00 $12.600.00 700-1-SO SINGLE SIGN POST RELOCATE AS 6.00 $210.00 $1260.05 DRAWINGS AS -BUILD DRAWINGS LS 1.00 $5250.00 $5250.00 CONTINGENCYCONTIGENCY (10%1 LS 1 2.1 41 3.50 Submitted by: Name: Andy UAG Construction LLC Company Diaz -Representative Print Signature EXHIBIT 3 CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-25 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali 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 & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (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. 1 RFQ Dated: 11 / 19/2020 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 Respondent's 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 95 of 129 111 at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations. explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors 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 Ciry, 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 underscands 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, 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: LUMP SUM BASE PRICE: $458,408 dollars and 53 cents Alternates: #1 #2 A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non -responsive. 5. The ENTIRE WORK for the project in accordance with Exhibit /, Scope of Services, Attachment A, B & C must be completed, in full, within 180 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 UAG Construction LLC River Dnve, Miami FL 33128 305-504-9937 & 305-901-1228 C 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. 96 of 129 112 B. 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, 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. 9. By submitting this proposal, 1, 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 1st DAY OF December 20 20 . PROPOSAL SUBMITTED BY: UAG Construction LLC Cocopanyy Andy lliaz of Per on Authorized to Submit Proposal Signature T Representative Title 305-504-99371305-901-1228 Telephone Number 888-672-9865 Fax Number ADiaz@UAGConstruction.com Email Address END OF SECTION 97 ul129 RN ACORr CERTIFICATE OF LIABILITY INSURANCE DATE(MMDDrrrrY) !'3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statemont on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Frao Insurance inInc. 100 South Missouri Avenue Clearwater. FL 33756 CONTACT NAME: PHONE. (BCC} 277-1620 X 4e00 :'AX: (727) 70-7.0704 EfIAIL ADDRESS: INSURERS(S) AFFORDING COVERAGE NAIL# INSURER A: Frank Winston Crum Insurance Company 1160D INSURED FrankCrrrt LICIF UAG Constnertion, LLC 100 South fAssouri Avenue Cleart:ater. FL 33756 INSURER B: INSURER C: INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 6376$4 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSRC SUBR M0 PCUCY NUMBER POLICY EFr (I.1knriyYYY) POUCY EXP JUU'D rYYYY) UUITS COWE'Zi CI-1;,GENERALLIAEIL'TY CLAWS AIAIE ❑ CCCLR AcAAtGAJLM111 ArPUESPEP, PCl_(:Y a?RC tECT ❑LCC OTN.EA L',;CttOCCUSENCC S Rz-11T=_D =RE1.13E51Ea S GErrL VED E.11,Ai,i cre R:xr.) S raRSCN1L S ACC• 1`1rlr<Y S 3 E AL AGG3EGA;c S r`r C+:1:C75•Ci l:i•.Gr �G < AUTCMOBILE LtABtL'TY 41F AUTC CWN'"DA'J•QB schrcu-Er CNLY AUTCIS 11REO Ali r:iS NCw-V'.:` U CNLY AUTCS C!.LY rCl!?1N_C EING:E j10. (Ea.=' 1—!j s cSot;; YIN_' JO .Pa peg!.^ 5 1rz L\' IrUURY J'a u:a!Cr•I; S ^G-=RTI'rA :!a ,[ i UMBRELLA LtAD EXCESS UAS :)cCt:: CUkVS1.4 -z CED I FET_t;Tk?-; S $ A :1CPK:RS AtiD ESt='LOYE+a' L' 1JLSTY �ii-i A.Cr :Fi ERP. Eki ER EXCLMEM (Nsndatary to 4H) .f yco, ac:u::•c un;c• DESCRI?7!Or: Cr OPERATIVIS bcicx NIA C0 t'vC2 01QCC4 Ct:Gt��=2G ti2t Ol:D 2G x P_R STATUE G"riE+Z E L Eq : i r.LC ENT $'.CtL' Cc•: F I. C:SF:-S TA E :t=t C'r'er: rl. n1_-EaSE-iu„'L".:!'l"!+'fi 3I,aC<:-C.0 DESCRIPTICN OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 10i. Additional Remarks Szhedute. may he attached if rncre space is required) Effective 07i24.+2C17, coverage is for I001,-o of the employees of FrarkCrum Ieaseo iC UAG Construct,on. LLC (Clie (it) for w•hcm ttic client is rero wig hours to FrankCrLltn. Coverage is not extended to statutory employees. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF.=_ THE EXPIRATION DATE THERECF. NOTICE WILL EE DELIVERED ,N ACCORDANCE 'ANTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE South Miami City Hall, Building Department, Sylva Martin Suilcirg 6130 Sunset Drive South Miami, FL 33143 ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD s 19E8-2016 ACORD CORPORATION. All rights reserved. IS 114 ACORO CERTIFICATE OF LIABILITY INSURANCE 16.� DATE(MMIDD/YYYY) 6/5/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. —WM-RTANT: If e certificate holder Is an ADDITIONAL INSURED, the po lcy es must have A1301TIONAL INSUMD provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lasa Links btsurance 2000 Ponce De Leon Blvd Ste 530E Coral Gables FL 33134 GUMS, PHONS FAX (A/C.No Ext : 305-330-6218 (A/C, No): 305-204-9563 ADDRESS: info@lasalinks.com INSURER(S) AFFORDING COVERAGE NAIL 0 INSURER A : UNITED SPECIALTY INSURANCE CO, A, IX 12537 INSURED UAG Construction, LLC 490 NW S fiver Dr Miami FL 33128 INSURER B : WESCO INSURANCE CO, A-, XV 25011 INSURER C : EVANSTON INSURANCE CO, A. XV 35378 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE LSD VVVD POLICY NUMBER MMIDO MMIDD LIMITS A X CCOAMERCIAL GENERAL LIABILITY CLAIMS -MADE ]OCCUR Renewal of DC100087-03 6152020 615/2021 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 100-000 MED EXP (Any one person) $ 5,000 PERSONAL 3 ADV INJURY $ 1,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PCLICY a ECT LOC 0-HER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMProP AGG S 2,000,000 Employee Benefits Liabllit� $ 1,000,000 B AUT01/ OBiLE LIABILITY ANY AUTO ONNED SCHEDULED AUTOS AUTOS ONLY X HRM NON -OWNED AUTOS ONLY X AUTOS ONLY UAAU080061 12/192019 12/192020 (Ea accident) S 1.000,000 BODILY INJURY Per ( person) S X BODILY INJURY (Per aaident) $ (Per accident) $ $ C X UMBRELLA LIAR OWEss LIAB X OCCUR CLAIMS -MADE Renewal Of MKLV2EUL103364 6/52020 6/52021 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS* LIABILITY YIN AOFFlNY CPROPCRRIEETOR/PbS6ERARTNEEDV?M UTIVE iMEXCLUOED (Mandatory In NH) If yyeess describe under DESCFUPTION OF OPERATIONS below N / A STATUTE I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPT= OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached N more space Is required) GC Licenw #CGC1521395 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of Soun Miami ACCORDANCE WITH THE POLICY PROVISIONS. 6130 Sunset Dr. AUTHORIMD REPRESENTATIVE South Miami FL 33143 ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 116 EXHIBIT I SCOPE OF SERVICES ATTACHMENT C CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020- 16 "SCHEDULE OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENTS PROPOSAL UNRESPONSIVE 69 of 110 38 SCEHDULE OF VALUES CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK CITY OF SOUTH MIAMI Pay Item Description Unit City Unit -Cost Cost (S) ROADWAY PERMITS PERMIT FEES LS $ 11000.0 $ 1,000.00 101-1 MOBILIZATION LS 1.00 $ 42,000.0 $ 42,000.00 102-1 MOT LS/DA 1/180 $ 60.00 $ 10,800.00 10410-3 SEDIMENTBARRIER LF 1267.00 $ 2.00 $ 2.534.00 0104-11 FLOATING TURBIDRY BARRIER LF 670.00 $ 10.00 $ 8,700.00 0104-18 INLET PROTECTION SYSTEM EA 3.00 $ 350.00 $ 1.050.00 107-1 LITER REMOVAL AC 20.53 $ 21.50 $ 441.40 107-2 MOWING AC 16.10 $ 100.00 $ 1.610.00 110-1-1 CLEARING AND GRUBBING AC 0.57 $ 18,000.00 $ 10,260.00 0120-6 EMBANKMENT CY 997.00 $ 9.00 $ 8,973.00 120-71 REGULAR EXCAVATION CY 459.00 $ 9.00 $ 4,131.00 :i1604 TYPE B STABILIZATION SY j j 1564.00 $ 7.00 $10,948.00 0162-1-12 PREPARED SOIL LAYER, FINISH SOIL LAYER, 12"AVG. SY 1250.00 $ 4.00 $ 5,000.00 OZSS-701 OPTIONAL BASE, BASE GROUP 01 SY L205.00 $ 10.0 $ 12,050.00 0334-1-11 ISUPERPAVE AS PH CONC, TRAF A TN 92.33 $ 145.00 $ 13.387.85 0400.0-11 CONCRETE CLASS NS. GRAVITY WALL CY 13.50 $ 550.00 $ 7,425.00 04004-5 CONCRETE CLASS IV, SUBSTRUCTURE CY 20.52 $ 50.80 $ 1,042.42 0415-1-5 REINFORCING STEEL, SUBSTRUCTURE LS 2770.08 $ 13.75 $ 38,068.60 0455-133-3 SHEET PILING STEEL-, F&I, PERMANENT SF 3283.76 $ 42.90 $ 140,873.30 0515-2311 PEDESTRIAN/BICYCLE RAILING, ALUMINUM ONLY, 42"TYPE 1 LF 366.00 $ 77.00 $ 28,182.00 0522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK SY 2200. $ 95 00 $ 2,090.00 527-2 DETECTABLE WARNING SF 8.00 $ 50.00 $ 400.00 570-1-2 PERFORMANCE TURF, SOD SY 1250.00 $ 3.50 $ 4,375.00 0580-1-2 LANDSCAPE COMPLETE -LARGE PLANTS LS 1.00 $40,810.00 $ 40,810.00 SHELTER SHELTER (Poiigon SSG 8'X9' or equal) EA 1.00 $ 28,500.01 $ 28.500.00 700-1-50 SINGLE SIGN POST, RELOCATE AS 6.00 $ 150.00 $ 900.00 DRAWINGS CONTINGENCY AS -BUILD DRAWINGS I LS $ 1,000.00 $ 1,000.00 CONTINGENCY 10% % S 42,657.16 $ 42,657.16 TOTAL 5 469,228.72 70 of 110 39 CONTINUED EXHIBIT I SCOPE OF SERVICES ATTACHMENT C CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-16 "SCHEDULE OF VALUES" SUBMITTED THIS 17th PROPOSAL SUBMITTED BY: Unitec Inc. Company Katiuska Hurles Nre of Peron Authorized rp P posal Sighturee ' �_V/� / President Tide DAY OF AugUSt 20 20 . (305) 947=5226 Telephone Number (305) 947-9307 Fax Number khurles@unitecus.com Email Address END OF SECTION 71 of 110 40 Act Dw CERTIFICATE OF LIABILITY INSURANCE DAe�s/2Gro I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conddions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCE0. RSC Insurance Brokerage, Inc. 3350 S Dixie Hwy Miami FL 33133 PHONE (305)446-2271 F C N0 Oanue-San "DRESS. K-Certificates*risk-strategies.com INSU S AFFORWIG CDYERAGE NAILS INSURERA:FCCI Insurance Co 10176 INSURED Unitec, Inc. 14250 RH 18th Avenue North Miami FL 33181-1502 INSURERe:Monroe Guaranty Ins Co 32506 INSURERC:NOrth River Ins CO 20141 INsuRERD:Dnderwriters at Lloyds, London INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER:CL208570119 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERRFlCA-E MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MBR LTII TYPE OF WSURgNCE AWL GUAR POLICYNUM IER POLICYEF POUCYEJD' LIMAS A R CORIERCIALGENERALMASILITY CLAIMS -MADE ❑% OCCUR EACH OCCURRENCE s 1,000,000 PREMISES (Ea murnmm, $ 300,000 MED EXP G19 S 10,000 R =100027467.03 8/8/2020 B/8/2031 PERSONAL 4ADV INJURY s 11000,000 GENLAGGREGATEUMITAPPLIES PER R „❑ �T, PRO- JECT ❑ LOC GENERALAGGREGATE s 2,000,000 PRODUCTS-COMP,VPAGG s 2,000,000 s OTHER IITY MBINEDSINGLELIMIT (Ea sI 3 1,000,000 BODILY INJURY (Per pa80n) S B rO 3CREDULED AUTOSAUIOS Fny CA100003567-05 8/8/2020 8/8/2021 BODILY DUURY(Per ardIlem) 3 PROPERLY DAMAGE 3 AUTOS ED AUTOS If R UIIPELLALIAB I R OCCUR EACH OCCURRENCE s 4,000,00 AGGREGATE $ 8,000 000 C EXCESBUAB DLAIM" *E DEC R RmvMvN s D 3 9821246262 $1812020 0/0/2021 Y/ORIGiRSCOMPENSATION 8 PER A AND EMPLOYERS' LIASILM YIN AWPROPiIETORTARTNEPJEXECUTNE OiFiCE9MEMBER EXCLUDED? (MaMPmr}NNH) NIA NC0100D59268-01 8/8/2020 8/e/2021 E.L. EACH ACCIDENT 5 1,000,000 EJL.DISEASE-EAEMPLOYEE 5 1,000,000 If yyeezz aaal0e uMer DES'20PrIONOFOPERADONSb EL.DISEASE-.POLICYLIMIT 11000,000 D Prefes.ioaal Liability SCP2019004023 8/8/2020 0/0/2021 A A33mpele $1.000,000 096udep Par Clem $5, 0DO DESCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES(ACORD 101, AOdPoPnel R9m9da SchedYN, mry be M,hsd If mom space a regalred) The Certificate Holder is Additional Insured with respects to General Liability per form attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of South Miami THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PubLic Works A Engineering ACCORDANCE WITH THE POLICY PROVISIONS. Department AUT11ORREDREPRESEWAM15 4795 SW 75th Avenue Mimi, PL 33155 M Christian/MARPER ACORD 25 42014101) INSI 25 InuTt) ©1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 41 EXHIBIT 3 CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-16 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 i (Scope of Services, Attachment A, B & 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 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. I Dated: 8/4/2020 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. il. 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 Respondent's 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 76 of 110 42 at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors 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, 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: LUMP SUM BASE PRICE: $ 469,228 dollars and 72 cents Alternates: # 1 #2 A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non -responsive. S. The ENTIRE WORK for the project in accordance with Exhibit i, Scope of Services.. Attachment A, B & C must be completed, in full, within 180 calendar dan m 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 Katiuska Hurles 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. 77 of 110 43 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, S 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. 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 17th PROPOSAL SUBMITTED BY: Unitec Inc. Company Katiuska Hurles Na a of Person Authorized Submi proposal Si w President Tide DAY OF August 20 20 . (305)947-5226 Tele hone Number (3�5) 947-9307 Fax Number khurles(ftnitecus.com Email Address END OF SECTION 78 of I10 44 EXHIBIT 4 CONSTRUCTION CONTRACT CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-16 f THIS CONTRACT was made and entered into on this _ day of JanK 9 t , 202 by and between Unitec Inc. (hereafter referred t as I. "Contractor'), and the City of South Miami (hereafter referred to as "Owner"), through Its City Manager (hereafter referred to as "City"). Contractor, for the consideration set forth herein, 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 part 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 properly approved, written change orders, in lawful money of the United States, the Lump Sum amount oh Four hundred sixty nine thousand, two hundred twenty-eight dollars a nd�venty_two_ en s Dollars(S 469,228.72 ) (sp.0 o wao.",c.,"..) ("Contract Price"). 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 Contract 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. B. The Work must be completed in 180 calendar des. In the event that Contractor falls 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 pardculariy set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of $2 360.00 dollars per day, 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 if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful performance 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 79 of 110 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 to the City. In such event, no further payment to Contractor 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 CONTRACTOR: Unitec Inc. Signature: Print Signatory's Name: Katiuska Hurles Title of Signatory: President ATTESTED: / {Iy' OWNER: CI F SOUTH I 1 Signature: IV1 & Signature: , n—(2,c. NkeAp A. Bayne Shari Ka r City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Sign City Attorney 80 of 110 EXHIBIT S CONSTRUCTION CONTRACT GENERAL CONDITIONS CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-10 ARTICLE I — DEFINITIONS 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 Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, islare ambiguous and open for interpretation. In addition, these definitions 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: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications, or correction. Application for Payment: A form approved by the City's consultant (CONSULTANT), if any, or the City Manager which Is to be used by CONTRACTOR in requesting progress payments. Ed; 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. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order. A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from 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 timeframe for completing the work. Cites 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 Manager 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 including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings Issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to 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. D= A period of twenty-four hours measured from the beginning of the day at 12-01 a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. Des: 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 81 of 110 allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run will not be included. The last day of the period 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. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to 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. Drawings: 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. Field 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 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non -conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility for the 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 Proceed: 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 die body of the policy, including all endorsements. Eff. 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. Shop Drawings: 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. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. S2ecifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor; An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: 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 list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event 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 null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by City Manager to be minor "punch list" work. 82 of 110 SupF1ier, 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. Surety: 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 all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein 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. ARTICLE 2 — PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. 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 give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents 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. Forfeiture of Bid Security/Performance and Payment Bond if any are required by the applicable RFP• 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR 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 five years after final completion and acceptance of the Work with the liability equal to one hundred percent (10076) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(I ), 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. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 83 of 110 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: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time 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 Construction: 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 (5) 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 is 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 (5) 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 Suppliers: 2.10 Within five (5) 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 84 of 110 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 organization 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 listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed desorption 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. ARTICLE 3—CORRELATION INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that 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". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, 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 properly 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 85 of 110 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 listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (Q Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (i) Drawings of a smaller scale 0) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availabilitv 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 specified in the Contract Documents. Other access to such lands or rights -of -way for CONTRACTORS 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, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. 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. Differing Site Conditions: 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 86 of 110 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4A.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 5 — INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences and procedures of construction. 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. I.I 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 -Built" 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. It 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 All 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 87of 110 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, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of 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 materials 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 agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non -conforming Work. The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered 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 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 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 indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents 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. 88of 110 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 settle 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 Royalties: 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 and hold harmless 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. Permits 6.15 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 Lighting; 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: 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. 89 of 110 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 that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated 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 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 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. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I 1 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. Shop Drawings 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 90 of 110 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 will 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 Up; 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by 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 clean his portion of Work involved in any building 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. 6.29 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 cost to CONTRACTOR. Public Convenience and Safely: 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 dosed 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 Provisions: 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 91 of 110 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 indemnifying party in the performance of the construction contract Responsibilia 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 lines, utility 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, stating 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 Cooperation with Governmental Departments. Public Utilities Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties') owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, cracks, piping, wires, cables, conduits, poles, guys, etc, including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if 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 called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. 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. 92 of 110 6.38.1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such weight as will 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 site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public 6.38.5 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 Existins!Property Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered 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 parties 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 after 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 OWNER or others will cause CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, 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 facilities 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 CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lads of such notice to CONSULTANT will be construed as acceptance by 93 of 110 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 — CrMS RESPONSIBILITIES, 8.1 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 duties 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 portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION. City's Representative: 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 I through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANTs 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 Florida. Visits to Site• 9.2 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 Interpretations: 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 will 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. Measurement of Ouantides: 9.4 All 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. Rejecting Defective Work: 94 of 110 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article 1. It 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 testing must be approved in writing by the City Manager. AiI 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. Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with CONSULTANT's 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. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 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 IN THE WORK, 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 Artide I I or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates 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. 10.2 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 Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT's Field Order would entitles 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. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph 10.2. 10A 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 It 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 95 of 110 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. ARTICLE 1 I — CHANGE OF CONTRACT PRICE, 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 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 (including drawings and designs); 11.2.2 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. IIA 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. 11.5 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 extension 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 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will 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. 1 I.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 I ML If CONTRACTOR disagrees with CONSULTANT's 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 Miami - 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 costs 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 benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. 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. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection 96 of 110 therewith. CONTRACTOR must notify the City Manager of all cash 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 fails 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. If 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". 1 1.8.4 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. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 1 1.8.6 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. 1 1.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 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 11.5. 1 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 1 1.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 1 1.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 1 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 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 11.8. When both additions and credits are involved in any one change, the net will 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. 97of 110 ARTICLE 12 • TIME FOR COMPLETION UOUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work 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 ContractTime 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 (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time 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. 12.5 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 CONTRACTOR's 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 will 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. Other 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 following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, 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 98 of 1 1 0 ARTICLE 13 —GUARANTEE. 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 Final 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 Final 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 fall 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. 135 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 ARTICLE 14 - PAYMENTS AND COMPLETION. Payments 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 falls 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 lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated In the Work but delivered and suitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER's title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. 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 99 of 110 estimate, either certifying in writing its approval of payment and present the partial payment estimate 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 estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain ten (107/9) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any Interest earned on the retainage will accrue to the benefit of OWNER. 14.2 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 list of items that need to be completed and, within 5 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. 255.07, Fla. Star] 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 Tide 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 "Liens"); 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 will constitute a representation by him to OWNER, based on CONSULTANTS on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that 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 100 of 110 (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 payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR's payment 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, 14.6.5 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 clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by 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 e-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. Acceptance of Final Payment as Release 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 101 of 110 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. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12A 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 5% in the case of Final 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 WORK AND TERMINATION. 15.1 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. City May 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 fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of 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 notice, 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 will 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 102of 110 retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 15.4 Upon seven m 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 will be made for profit for Work which has not been performed. I SAA OWNER 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 Removal of Equipment 15.5 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 promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR 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 Contract 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 Independent 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 CONSULTANT's 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, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 —MISCELLANEOUS. 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 Contract 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 limitation, 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. 103 of 110 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 TRIAL. 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 -ATTORNEYS FEES JURISDICTION ]VENUE 1 GOYERNING LAW. 18.1 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 Contract is in Miami -Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between OWNER and CONTRACTOR 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 Florida. ARTICLE 19 - PROJECT RECORDS. 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 days 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 a@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 104 of 110 19.3 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 — SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation is, 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 CONTRACTOR. 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, 221 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 managers 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 Managers sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR ARTICLE 23 — FORCE MAIEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, 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 have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this 1 7thday of August , 20 20. CONTRA CTO Unjtec Inc J Signature: J Print Signatory's Name: Katiuska Hurles Title of Signatory: President 105 of 110 ATTESTED: OWNER: Signature: u aw Signature Nke A. Pa City Cerk Read and Approved as to form, Language, Legality, and Execution Thereof: j. .;ignar,� e. City Attorney 106 of 110 CITY OF SOUTH MIAMI I/ Shari Karnali City Manager EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#P R2020-16 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: MARLIN ENGINEERING, INC. 1700 NW 66 Avenue Ste 106 Plantation, FL 33313 Ph:305/471-7S75 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 one 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 1, 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 180 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 data 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. I. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this day of , 20L— CONTRACTOR: U i ec Inc. Signature: Print Signatory's Name: Katiuska Hurles Title of Signatory: President 107 of 110 ATTESTED: Signature: 1 � Nken A. Payn City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: Signatur . City Attorney OWNER: CITY OF SOUTH MIAMI Signature: Shari Karnali City Manager END OF SECTION 108 of I10 EXHIBIT I SCOPE OF SERVICES Attachment A CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-16 1. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies and services necessary to provide a completed project that meets all of the needs described in this SCOPE OF SERVICEs and as otherwise described in this RFP (the Work). The Work includes but is not limited to keeping the project site clean and safe; furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off - duty City police officer if required by the City; and any other goods and services necessary to perform the Work. The Work is to be performed in accordance with the specifications and the contract documents that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and utilities so that the utilities can mark the approximate location of all underground facilities, including power lines, telephone lines, cables and pipes for gas, water and sewage on the construction site prior to any excavation. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), as well as all laboratory tests, engineering and architectural specifications, drawings and plans, that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City As -Built plans for all of the Work. Permit fees are waived for permits issued by the City of South Miami. Taxes and permit fees charged by other government entities are the responsibility of the Contractor. All work is to be done in accordance with all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City of South Miami Land Development Code, all applicable ordinances of Miami -Dade County and the City of South Miami and the Americans with Disabilities Act (ADA). 38 of 110 II. SPECIFIC REQUIREMENTS: The City is soliciting proposals from highly qualified firms for the successful construction and installation of a new pedestrian pathway/trail along the pond's perimeter at Fuchs Park, in accordance with the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachment A, B & C. Contractor is responsible for reviewing the specifications, contract documents, tree survey details, and engineering construction plans that are part of this RFP. The Contractor's work includes site grading, leveling, and preparation of the groundwork for the installation of the new pedestrian pathway/trail at Fuchs Park. III. SITE LOCATION: The construction project is located at the City of South Miami's Fuchs Park, located at 6445 SW 81 n Street, South Miami, FL, 33143. IV. DESIGN PLANS & SPECIFICATIONS: Design Plans for this project are included as Exhibit 1, Scope of Services, Attachment B, "Design Plans & Specifications." Tree survey and trail construction contract plans are included as "Design Tree Survey Fuchs Park — Version 1" and, "Design Tree Survey Fuchs Park — Version 2." V. PROJECT DURATION: After permits have been secured/approved, the Respondent is responsible for completing this project within one -hundred and eighty (180) 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 S:00 p.m., on weekdays, Monday through Friday— Section 74 S and 7-16 of the City's Code of Ordinances. VI. LUMP SUM PRICING: Proposal pricing shall be submitted in a "Lump Sum" by completing Exhibit 3 "Construction Bid Form" shall include demolition and prep -work at each site, installation of a new pedestrian pathway/trail and associated structures, in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachment A, B & C. It is the City's intention to award this project to a single Contractor. VII. SCHEDULE OF VALUES The Schedule of Values are included as Exhibit 1, Scope of Services, Attachment C. 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 C. RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES" FORM. 39of 110 WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES FORM," THE RESPONDENT SHALL CARRY THE TEN (1 PERCENT CONTINGENCY IN THEIR TOTAL BASE BID. IT IS THE INTENT OF THE CITY TO AWARD THE ENTIRE PROJECT TO A SINGLE CONTRACTOR BASED ON THE "LUMP SUM" AMOUNT SUBMITTED. VII1. WARRANTY: Respondent/Contractor should include the following with their bid: Applicable warranty and/or guarantees of manufacture warranties, workmanship/labor and installations including any conditions and response time for repair and/or replacement during the warranty period and life expectancy under normal use. Failures during the warranty period shall be repaired or replaced to the satisfaction of the City. The work must be guaranteed to be free of defects for a minimum of one year from the date of issuance of the certificate of use. END OF SECTION 40 of 110 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-16 "DESIGN PLANS & SPECIFICATIONS" Includes: "Design Tree Survey Fuchs Park — Version I" "Design Tree Survey Fuchs Park — Version 2" Prepared by: MARLIN ENGINEERING, INC. 41of110 EXHIBIT 2 Insurance & Indemnification Requirements CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFPttPR2020-25 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any subcontractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY 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; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM 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: Worker' 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 lies) must include: Employers' Liability at the statutory coverage amount The FIRM must further ensure that all of its Subcontractors maintain appropriate levels of Workers 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 Hazard Coverage 91 of 129 W 116 (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 Liabili4jt 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 polity, 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 APPLICABLE: 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 starring 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 A-VII or better per A.M. Beses 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 92 of 129 117 damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B'; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy 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." E If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM 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 : 11 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 arty 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 attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litiganon: 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 wt 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 4om 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 725.0E (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 employers, is to 93 of 129 E 118 indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 94 of 129 119 EXHIBIT 4 CONSTRUCTION CONTRACT CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-25 THIS CONTRACT was made and entered into on this 1 st day of December , 2020 by and between UAG Construction LLC (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"). Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: 1. 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 part 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 properly approved, written change orders, in lawful money of the United States, the Lump Sum amount of: Four Hundred Fifty -Eight Thousand Four Hundred Eight Dollars and Fifty -Three Centsbollars (S 458,408.53 ) (Spell Dollar Amount above) ("Contract Price"). 5. 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 Contract 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. 8. The Work must be completed in 180 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 $2.360.00 dollars per day, 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 if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful performance 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 98 of 129 120 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 to the City. In such event, no further payment to Contractor 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 Contact whichever is the later date. IN WITNESS WHEREOF, the parties hereto have executed this Contact 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 Contact CONTRACTOR: UAG Construction LLC Signature: Print Signatory's Name: Andy Diaz Tide of Signatory: Representative ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: Signature: Nkenga A. Payne Shari Karnali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof. Signature: City Attorney 99 of 129 121 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-25 ARTICLE I — DEFINITIONS 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 Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, islare ambiguous and open for interpretation. In addition, these definitions 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: dclnd : Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents. Drawings and Specifications, by addition, deletions, clarifications, or correction. Application for Payment: A form approved by the City's consultant (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order. A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from 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 timeframe for completing the work. CiM. 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. CCU Manager: 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 including but not limited to the solicitation for Bid. CONTRACTOR'S Bid, the Bonds, Insurance endorsements. Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price- The total moneys payable to 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. Dgx. A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. Days: 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 100 of 129 0J 122 allowed by the Contract Documents, the day of the act, event or default from which the designated period of Lime begins to run will not be included. The last day of the period 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. Defective Work Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to 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. Drawings: 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. Field 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 10.2. A modification may only be issued after execution of the Contracc, it must be in writing and signed by the parry against whom the modification is sought to be enforced. Non -conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility for the 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 Proceed, 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. Proiecc The entire construction operation being performed as delineated in the Contract Documents. Policy: 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 polity, including all endorsements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. ,Shop Drawipga; 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. Samples, Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Soecifications: 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 ocher Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: 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, an 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 lis[' 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 null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by City Manager to be minor "punch list' work. 101 Df 129 M. 123 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. SureV 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 all labor, services and materials used on the project Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice, The term "Notice" as used herein 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. ARTICLE 2 — PRELIMINARY MATTERS Award, 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. 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 give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Polity 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. Forfeiture of Bid Security/Performance and Payment Bond if any are required by the applicable RFP 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR 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 five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 25S.05(I), 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. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 102 of 129 124 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• 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time• 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Proiett: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time 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 Construction: 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 (5) 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 is 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 (5) 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. Oualifications of Subcontractors Material men and Suppliers: 2.10 Within five (5) 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 103 of 129 125 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 organization 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 listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, 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. ARTICLE 3—CORRELATION INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the enure Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article I . 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it 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". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished and installed without change in the Contact 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 pacdces of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contact min proof, and for making equipment and utility installations properly 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 co 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 104 of 129 126 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 listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (i) Drawings of a smaller scale 0) Drawings and Specifications are to be considered complementary to each other ARTICLE 4—AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS 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 specified 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, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. 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 ocher 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. Differing Site Conditions: 4A CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing of. 105 of 129 3 127 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 5 — INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence, 6.1 CONTRACTOR must supervise and direct the Work It will be solely responsible for the means, methods, techniques, sequences and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred co 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 -Built' 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. It 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 All 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 106 of 129 M 128 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, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of 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 materials 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 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 uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered 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 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 incent 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 indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents 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. 107 of 129 im I F_1*1 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 insetted 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 settle 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 Royalties. 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 and hold harmless 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. Permits 6.15 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 Ligbfin 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: 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. 108 of 129 130 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 that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated 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 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks. pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 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. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 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. Shop Drawings 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 samped 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 - r 109 or 129 yy 131 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 will 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 Up• 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by 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 clean his portion of Work involved in any building 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. 6.29 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 cost to CONTRACTOR. Public Convenience and Safety: 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 Provisions: 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 110 of 129 0 132 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 parry and persons employed or utilized by the indemnifying party in the performance of the construction contract. Responsibility 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 lines, utility 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, stating 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 Cooperation with Governmental Departments Public Utilities Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order chat 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 called to the fact chat 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 patties 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 in 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. 111 of 12s 133 6.38.1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such weight as will 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 site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 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 Existing Property Improvements, 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered 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 parties 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 starring any such additional Work. If CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, 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 facilities 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 CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by 112 of 129 134 CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cosc 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 cosc from the Contract Price without violating the intent of the Contract. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.1 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 duties 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 portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION City's Representative• 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 I through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANTS 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 Florida. Visits to Site, 9.2 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 Interpretations: 9.3 CONSULTANT will issue, with reasonable promptness, such written darifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will 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. Measurement of Quantities: 9.4 All 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. Rejecting Defective Work 113 of 129 `ley I 135 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It 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 testing 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. Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28,inclusive. 9.7 In connection with CONSULTANT's 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. Decisions on Disagreements, 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 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 IN THE WORK, 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 Contact 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 indicates 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. 10.2 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 Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT's Field Order would entitles 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. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 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 It 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 ttaottzs VIF 136 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. ARTICLE I I — CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 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 (including drawings and designs); 1 1.2.2 Method or manner of performance of the Work 1 1.2.3 OWNER -furnished facilities, equipment, materials, services, or site: or 1 1.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be created as a Change Order or entitle CONTRACTOR to an equicable 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. 11.5 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 extension 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 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will 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: 1 1.7.1 By negotiated lump sum. 1 1.7.2 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 I S%. If CONTRACTOR disagrees with CONSULTANT's 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 Miami - Dade County and may only include the following items: 1 1.8.1 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 costs 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 benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. 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 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection 115 of 129 P 137 therewith. CONTRACTOR must notify the City Manager of all cash 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 fails 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. 1 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If 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". 1 1.8.4 Rentals of all construction equipment and machinery, except hand cools, 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. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 1 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 1 1.8.7 The cost of utilities, fuel and sanitary facilities at the site. 1 1.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 1 1.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 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 ocher 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. 1 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 1 1.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 1 1.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work. disposal of materials or equipment wrongly supplied and making good any damage to property. 1 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph I I.B. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 1 1.10.1 A mutually acceptable firm fixed price: or if none can be agreed upon. 1 I.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 1 1.1 1 The amount of credit co be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will 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. 116 of 129 UN 138 ARTICLE 12 - TIME FOR COMPLETION LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work 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 race 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 dme 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 (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time 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. 12.5 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 CONTRACTOR's 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 will 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. Other 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 following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, 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. 117 of 129 139 ARTICLE 13—GUARANTEE. 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 Final 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 Final 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 Managers 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. ARTICLE 14 - PAYMENTS AND COMPLETION Payments 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 falls 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 lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data. satisfactory to the City Manager, which establishes OWNER's title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. 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 118 of 129 a 140 estimate, either certifying in writing its approval of payment and present the partial payment estimate 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 estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, 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 Contract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 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 list of items that need to be completed and, within 5 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. 255.07. 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. Contractors Warranty of Title 14.3 CONTRACTOR warrants and guarantees that tide to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by 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 ocher person. Approval of Payment 14.4 CONSULTANTS approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSULTANTS on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that 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. 143 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 119 of 129 141 (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 payment from a Subcontractor or Supplier. the same amount of money will be withheld from CONTRACTOR's payment 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. 14.6.5 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 clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.6.8 of liquidated damages payable by 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 e-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. Acceotance of Final Payment as Release 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 120 of 129 142 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. 14.112 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final 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 I S — SUSPENSION OF WORK AND TERMINATION 15.1 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 Managers 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. City May 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 fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of 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 notice, 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 will 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 121 of 129 143 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 will be made for profit for Work which has not been performed. 15AA OWNER 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. Removal of Equipment 15.5 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 promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR 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 co 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 Contract 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 Independent 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 CONSULTANT's 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, decertifies Substantial Completion, decercif es final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16—MISCELLANEOUS 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 Contract 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 limitation, 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. 122 of 129 1ry-11 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 parry within twenty-one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIAL 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION I VENUE I GOVERNING LAW 18.1 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 Contract is in Miami -Dade County. Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between OWNER and CONTRACTOR 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 Florida. ARTICLE 19 - PROIECT RECORDS 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.1 19.0701) 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 30S-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. r 145 19.3 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 — SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation is, 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 CONTRACTOR, 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 chose of CONTRACTOR. ARTICLE 22—ASSIGNMENT. 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 MAIEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a patty or chat 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 have executed the Gggneral Conditions to acknowledge their inclusion as part of the Contract Documents on this 1 day of December , 20 20 , CONTRACTOR: UAG Construction LLC Signature: Print Signatory's Name: Andy Diaz Title of Signatory: Representative 124 of 129 146 ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: Nkenga A. Payne City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof. Signature: City Attorney Signature: 125 of 129 Shari Karnali City Manager 147 EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-25 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. CONSULTANT's, if any. and OWNER's Designated Representative's name, address, telephone number and facsimile number are as follows: Consultant: MARLIN ENGINEERING, INC. 1700 NW 66 Avenue Ste 106 Plantation, FL 33313 Ph: 3051477-7575 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 1 sets of Contract Documents without charge. Any additional copies required will be furnished cc 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 1, 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 rake precedence. F. The Work must be completed in 180 calendar days unless a shorter time is sec 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 data 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. I. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this I day of December , 2020. CONTRACTOR: UAG Construction LLC Signature:�� Print Signatory's Name: Andy Diaz Tide of Signatory: Representative 126 of 129 MI.] ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: Nkenga A. Payne City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: City Attorney Signature: END OF SECTION 127 of 129 Shari Kamali City Manager 149 RESPONDENT QUALIFICATION STATEMENT CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-25 The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: a c) 4 The Sands of Key Biscayne -Pool Paths The Sands of Key Biscayne Association Inc. 605 Ocean Drive, Key Biscayne FL 33149 305-361-5737 Original Contract Completion Time (Days): 21 Days Original Contract Completion Date: 02/11/2019 Actual Final Contract Completion Date: 02/ 18/2019 Original Contract Price: $58,739,54 Actual Final Contract Price: S58,739.54 Project Name: I-75 Express Segment AIB Owner Name: Community Asphalt Corporation Owner Address: 14005 NW 1 S6th Street, Miami FL 33018 Owner Telephone: 305-829-0700 Original Contract Completion Time (Days): 150 Days Original Contract Completion Date: No Date Actual Final Contract Completion Date: May 2019 Original Contract Price: S67,999.77 Actual Final Contract Price S156,314.77 Project Name: The Sands of Key Biscayne -Common Areas The Sands of Key Biscayne Association 16 of 129 160 Owner Name: The Sands of Key Biscayne Association Owner Address: 605 Ocean Drive Key Biscayne FL 33149 Owner Telephone: 305-361-5737 Original Contract Completion Time (Days): 420 Days Original Contract Completion Date: June 19, 2020 Actual Final Contract Completion Date: May 2020 Original Contract Price: S2,183,704.44 Actual Final Contract Price: $2,500,701.14 d) Project Name: SR 826 Express Lanes Owner Name: Community Asphalt Corporation Owner Address: 14005 NW 186th Street, Miami FL 33018 Owner Telephone: 305-829-0700 Original Contract Completion Time (Days): Original Contract Completion Date. August 2017 Actual Final Contract Completion Date: April 7, 2020 Original Contract Price: S4,019,723.96 Actual Final Contract Price: S4,804,644.19 e) Project Name: T6410-Marathon Emergency Push Button Owner Name: Halley Engineering Contractors Inc. Owner Address: 13901 NW 118th Avenue, Miami FL 33178 Owner Telephone: 305-883-0055 Original Contract Completion Time NSA (Days): Original Contract Completion Date: NIA Actual Final Contract Completion Date: July 30, 2020 Original Contract Price: $224,725.20 Actual Final Contract Price: $234,047.10 17 of 129 151 3. Current workload Project Name 244- 90 SW 17th Road Owner Name Warren Strifling Telephone Number 305-603-2514 Contract Price $1,130,425.84 255-5711 Granada Blvd Brandon Yarckin $536,415.00 331-Tuelieve Tamarac Prime Time Constructio 305-500-2408 $58,481.75 262-Bike Lanes 64th St Unitec. Inc 305-947-5223 5281,502.40 4. The following information must be attached to the proposal. a) RESPONDENTS home office organization chart. b) RESPONDENTs proposed project organizational chart. c) Resumes of proposed key project personnel, including on -site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi -Government Agencies for which you have done business within the past five (5) years. Name of Agency: Florida Deparment of Transportation Address: 605 Swuwannee Street, Tallahassee FL 32399 Telephone No.: 866-374-3368 Contact Person: Type of Project: 18 of 129 152 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 129 153 4A. Office Organization Chart Principal: Daniel Buraglia Office Manager (Account Payables & Receivable): Katherine Reyes Senior Project Manager. Andy Diaz 4.13 Proposed Project Organizational Chart Project Manager: Andy Diaz Assistant Project Manager: Mike Delgado Superintendent: Julio Suarez Accounting: Katherine Reyes 154 i ANDRES DIAZ DE VILLEGAS 490 NW S RIVER DRIVE MIAMI, FL 33128 PRONE: (305)901-1228 A DIAZ@ UAGCONSTRUCTION.CON1 As a Senior Project Manager of UAG Construction Mr. Diaz brings a wealth of knowledge and experience. He is well versed in the processes of how to successfully manage construction projects, personnel, and equipment from an operations perspective. He provides the experienced and knowledge at every facet of the construction process as it relates to Civil Construction on small and large projects. At UAG Construction Mr. Diaz has been an integral part of building the self -performing crew with labor and equipment. Currently he oversees 2 crews with manpower of 4 and a fleet of 5 pieces of equipment consisting of Excavator, Skid steer, compacting roller, concrete cutting saws and plate compactors. PAr. Diaz past experience on equipment such as: CAT 300 Class Excavators, Komatsu 300 and 400 Class Excavators, Volvo EX 300 Class Excavators, John Deere Backhoes and Front Loaders, Bornag 190 Rollers, John Deere Articulated Off Road Dump Trucks, Gradall XL 3300, Volvo EW 180 Wheel Excavators, Cat D4 — D-6 Bulldozers, Komatsu D30's to D60's Bulldozers, John Deere Motor Graders 670G, Wirtgen Milling Machines. F ROFESSIONAL ACTIVITIES o Construction Training Qualification Program (CTQP)- Asphalt Level I & II, Earthwork Level I & 11, QC Manager o American Traffic Safety Services Association (ATSSA)-Advanced MOT v Occupational Safety & Health Association (OSHA)-10 & 30 Hour Certification EXPERIENCE V2017 — Present UAG CONSTRUCTION, LLC - MIAMI, FL Sr. Project Manager. Oversee the civil division of the company along side Principals of the company. Directly manage and coordinate - --the-daily-progress-and-performance-of projects: Coordinate -and -facilitate execution of work with FDOT and CEI-as well as all field personnel and on -site subcontractors. 0-_Manage--and-track-purchase-orders;-contracts; and -maintain -vendor -and -subcontractor relationships. o Develop cost database and maintain prices for bidding and estimating current and future projects. o Manage and oversee field operations and track project progress within the company. o Direct company employees including Project Superintendents and Field Labor. o Effectively track, update and maintain project scheduling V2009 — 2/2017 COMMUNITY ASPHALT CORP- MIAMI, FL 9/2015- 2/2017 Sr. Project Manager o Managed team consisting of Jr.. Project -Managers, Project Engineers,. and Field Superintendents for multiple projects in excess of $50,000.000.00 o Developed and update project schedules using FDOT approved format a Worked and completed several successful CSI's (Cost Saving Initiatives) with FDOT and their Construction Engineers o Created and tracked weekly cost reporting that allowed Project Managers to forecast their projects accurately o Worked directly with different departments within the Company finding and implementing different practices to ensure efficiency and productivity. 166 11/2012- 9/2015 General Superintendent a Responsible for placement, coordination, and dispatching of over 100 employees spanning across 3 counties. o Projects ranging from $100,000 to $300 million. o Managed 12 direct report supervisors across a variety of projects. o Coordinated between Project Management and Field to ensure proper implementation of scope of work. o Lead efforts in developing creative and innovative solutions to improve efficiency across projects. o Track and modify daily production rates of earthwork seeking optimal extraction conditions. o Developed and implemented trucking production reports that greatly reduced equipment down time. o Responsible for dispatching, scheduling, and monitoring 6 Maintenance of Traffic crews. 11/2010-11/2012 Project Manager o Lead review process, assessment and election of subcontractor scope buyout. o Create, implement and manage primavera completion schedule. o Manage subcontractor coordination and scheduling for entire job. o Responsible for submitting and approval of project payment requisition. o Handled submission and c;ose out of all delay claims. 1/2009-11/2012 Field Superintendent MIC Orange Line Metro Rail Project o Responsible for subcontractor supervision, coordination, and scheduling o Mange scheduie and painting Maintenance of Traffic devices for daily and nightly road closures. a Assist in the scheduling of critical path work with project General Superintendent 8/2007 — 8/2009 MK Contractors LLC- MIAMI, FL 8/2007 - 8/2009 Assistant Project Manager o Allocate and track disbursement of funds associated with all subcontractor change orders. o Negotiate, review and execute contracts with prospective subcontractors. o Attend and participate in OAC and weekly subcontractor meetings. a Assist in preparation of contractor monthly payment requisitions. o Finalizing buyout of remaining items need to finish the project. v Logging and tracking subcontractor and owner change orders and supporting documentation. 7/2004-7/2007 Project Engineer _o_Responsib.le.for_pr_eparing, logging, and -tracking -all subm[ttals,_transmittal_s, and samples as well as owner and subcontractor change orders a Attend -and -participate -in -weekly OAC and subcontractor -meetings. - 7/2003 — 7/2004 Estimator a Perform take -offs for all trades, excluding concrete & rebar. o Develop bid books and presentation binders for prospective developers 5/2002- 7/2003 Assistant Superintendent o Assist General Superintendent with preparation of daily reports and field survey for sitework. a Responsible for maintaining up to date history and track changes for on -site construction plans. EDUCATION o FLORIDA INTERNATIONAL UNIVERSITY— Miami, FL a Master of Science in Construction Management (2010) o FLORIDA INTERNATIONAL UNIVERSITY — Miami, FL o Bachelor of Science in Business Administration (2006) 156 PROJECTS 2/2017 — Present UAG Construction — Senior Project Manager — Miami, FL AIA Hollywood Beach — Civil Roadway FDOT T-4462 FIN 432323-1-52-03 - Project Value $3,500,000 Projected Completion 2020 Project consists of 1.5 miles of roadway reconstruction along AIA at Hollywood beach UAG Construction is a subcontractor to Community Asphalt OHL for large scope of work. - 'UAG Construction self -performing work includes, clearing of existing concrete sidewalk and curb, placement of new subgrade and limerock base for both roadway and sidewalk areas, installation of drainage structures, and adjustment of storm drain and water valve utilities - UAG subcontracted work consisting of concrete, drainage, pavers. Coordinating on a daily basis with CEI and design team on design matters and challenges with tie into Side Street and varying elevations. 826 Express Lanes -Civil Roadway FDOT E6105 FIN 4326878-1-52-01 Project Value: $4,500,000 Projected Completion 2020 Design Build project in District 6 FDOT with implementation of express lanes along 826 from Flagler to 1-75. - UAG is a subcontractor to Community Asphalt OHL for all 5 tolling facilities for express lanes. - Self Perform work consists of Site work earthwork, excavation, Grading, Building Erection and Placement, Gantry Erection, Bollards. - UAG Subcontracted work concrete slabs, prefabricated buildings, all electrical infrastructure. 1-75 Segment AB —Gravity Wall / Hub Building E8M05 FIN 431281-1-52-01 Project Value: $150,000 Completed 2018 Gravity Wall and Misc Hub Building Items Installation of 450 LF of Gravity Wall for Southbound Florida Turnpike just south of Miramar Parkway. UAG was responsible for site grading and material purchasing. HUB and Tolling buildings o Bollard Installation ------------ .-.._ ._--------- .... ---------- -- ---- --- - o Condensate Drain Installation 11/2010 — 2/2017 Community Asphalt Corp. —Senior PM / PM -Miami, FL OrangeLine MIC (Miami Dade) o Project value: $10,000.000 o The Orange Line project was a JV between Community Asphalt, Tower and, Odebrecht. The project consisted of a new segmental bridge for a future metro rail service that would link to the lv:iami International Airport. Community Asphalt's scope consisted of roadway construction for the entire project. This included the reconstruction of NW 4111 Street as well as new 48" storm water system that ran along that corridor. We were also successful in milling and resurfacing SR 112 and the new facility parking lots. Tamiami Trail to Krome Ave (Miami Dade) o Project Value: $8,000.000 o Project consisted of minor drainage work, milling and resurfacing, and concrete F curb removal and replacement Krome Ave (Davis to US1) (Miami Dade) o Project Value $9,000.000 o Project consisted of new drainage for north and southbound, roadway widening, guardrail, signalization, and milling / resurfacing 157 SW 112" at Florida Turnpike (Miami Dade) o Project value: $10,000.000 o Community Asphalt was tasked with widening the existing off ramp to southbound Florida -urnpike traffic. The entire median in the corridor was removed and reconstructed at a higher elevation to create new slope for the finished roadway. SR 9 from NW 27'Ave to 195 (Miami Dade) o Project value: $12,000,000 o SR 9 was widened two feet on both north and southbound for almost 5 miles. There was some minor drainage as well, but the bulk of the work was in the widening and milling / resurfacing SR 856 William Lehman Causeway (Miami Dade) o Project value: $10,000.000 o The William Lehman Causeway had a new turning lane put in for their westbound traffic. This project also had new signalization for the intersection of SR 856 and Biscayne Blvd. In addition to the widening this project has milling and resurfacing done from the Biscayne Blvd intersection to the bricigr. Coral Way (SW 241" St) from 37"" Ave to 12" Ave (Miami Dade) o Project value: $10,000,000 o This projects main objective was to solve the problem with the root intrusion into the roadwi y by all the large Banyan trees. There was a modified F curb created for this project that would prever.' the roots from future intrusion into the roadway. The project also had new drainage scope, signalization, and concrete curb / sidewalk. SR 441 (E4N82) DB o Project value: $30,000.000 o This project was a design build project between Watman Group and Community Asphalt. This project consisted of complete roadway reconstruction from Hollywood Blvd to Sterling. This project required all new storm drain, sanitary sewer, and waterline. In addition to the drainage scope there was new F curb, traffic separators, sidewalk, D curb, and retaining walls to be completed. This project also had the excavation of two large retention ponds on Farragut St. This was the only project that I was involved with in which we were the CAR contracting. We managed the assessment, containment, and removal of all contamination within the project corridor. While I was Project Manager there were no issues with contamination spreading outside of the containment zones. 168 MICHAEL DELGADO 490 NW S RIVER DRIVE MIAMI, FL 33128 PHONE: (30S)901-1228 MDELGADO@a UAGCONSTRUCTION.COM As an Assistant Project Manager Mr. Delgado is responsible for day to day coordination's with both office and f iled teams. He maintains daily communication with the project inspection team and with owner representatives. Mr. Delgado is responsible for tracking and forecasting the projects progress and for Documenting and provided notification for any issues the need resolution. In addition to his role as Assistant Project Manager he Is also UAG Construction's Fleet Manager. He is responsible for coordination of delivery and use for all equipment. This role provides key experience in the management of equipment, daily production rates, as well as maintenance cycles. EDUCATION Florida International University - Miami, FL Bachelor of Arts: Liberal Arts (2006) EXPERIENCE 9.12019 — Present UAG CONSTRUCTION, LLC - MIAMI, FL Assistant Project Manager a Schedule and track daily progress with UAG field team a Schedule and track scope being performed by subcontractors o Issue Request for Information a Prepare and track project submittals a Provide project closeout documents a Assist in preparing and issue subcontractor contracts and material purchase orders v Attend-anrrparticipate in weekly -progress meetings -----_�___. - -- --- --._ ------ --_-----. W2016 — 9/2019 UAG CONSTRUCTION, LLC - MIAMI, FL Project Superintendent a Supervised and coordinated project execution. a Monitor daily activities and daily safety procedures during project duration. o Conducted and assisted with submittal reviews to ensure compliance with specifications. a Prepared daily logs with subcontractor activities on project site, as well as tracked all deliveries, inspections and equipment on project. a Maintained up to date as built drawings. a Assisted with creating weekly and monthly schedules. a Coordinate all close out items, including punch list, warranties and certificates. PROFESSIONAL ACTIVITIES a OSHA Certified 169 PROJECTS 5/2016 — Present UAG Construction — Project Superintendent —Miami, FL Active Proiects ' 2/2018 — Present UAG Construction — Senior Project Manager — Miami, FL AIA Hollywood Beach — Civil Roadway FDOT T-4462 FIN 432323-1-52-03 Project Value $3,500,000 826 Express Lanes -Civil Roadway FDOT Project Value: $4,000,000 9/2019 —present UAG Construction — Assistant Project Manager— Miami, FL SR AlA-Civil Roadway FDOT Project Value: $3,500,000 Active Projected Completion 2020 160 JULIO SUAREZ 490 NW 5 RIVER DRIVE MIAMI, FL 33128 PHONE: (305)741-9687 JSUAREZ@UAGCONSTRUCTION.00tr1 EXPERIENCE 10/2017 — Present UAG CONSTRUCTION, LLC- MIAMI, FL Supervisor/ Foreman Project supervisor to coordinating daily operations in the field. Overseeing field labor and managing company equipment and operators. a Heavy equipment operator and maintenance of company owned equipment. o Responsible for daily work coordination of on -site employees and subcontractors. o Assist with field operations and project tracking a Maintain and ensure clean work environment while meeting and enforcing all safety procedures. o Ensure that work is performed in accordance with contractual and quality standards. o Keep track of daily paperwork such as timesheets, schedules, email correspondence, delivery tickets and receipts.' o Participate in training and other forms of continuous improvement initiatives. i 014 — 2015 PCL INDUSTRIAL CONSTRUCTION CO.- MIAMI, FL Heavy -Equipment Operator o Provide and schedule maintenance of equipment to provide a safe working environment. o Knowledgeable with site plans, machine capabilities, safe digging procedures within each project. o Meticulously adhere to verbal or written instructions regarding all aspects of the job. 2009-2014 KIWEIT SOUTHERN- Miami, FL ROAD WORK FOREMAN_ 9/2007-8/2009 FODALE -Miami, FL FOREMAN 5/2003 — 8/2007 MARK'S BROTHERS INCE- MIAMI, FL Assistant Superintendent Responsible for managing, coordinating and supervising major projects in the company's airport division. o Inspects construction site to monitor progress and ensure conformance to engineering plans, specification and construction and safety standards. o Responsible for designing and implementing quality control programs for airport projects. a Coordinates the implementation of maintenance -of -traffic plans for airport and highway construction. o Assist management with payment requisitions, contracts and change orders. o Supervises the procurement of materials. 7/1998 — 5/2003 Foreman Supervised and managed utility crew on numerous projects. o Coordinate daily activities with superintendent o Ensured proper installation of water, sewer and drainage utilities. o Reviewed shop drawings for conformance of plans and specifications. PROFESSIONAL ACTIVITIES o OSHA 30 PROJECTS 10/2017 — Present UAG Construction — Supervisor — Miami, FL SR A1A-Civil Roadway FDOT Project Value: $3,500,000 Active Projected Completion 2020 Completed Projects 5/2003—8/2007 Mark's Brothers Inc — Assistant Superintendent - M iami, FL Airport Concourse 'A-B' Extension Apron & Utilities Project Value: $ 20,000,000 Airport Concourse'A-i3' Extension Apron & Utilities Project Value: 5 19,000,000 5/2003 — 8/2007 Utilities — Foreman - Miami, FL Reconstruction of SW 8th Street Project Value: $ 8,300,000 Northside Utilities and Drainage Project Value: $ 3,000,000 Reconstruction of SW 8th Street Project Value: $ 8,300,000 162 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-25 Respondent must list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Other: Subcontractor Name Address Telephone, Fax & Email N10'l!Signage Acme Barricade 3400 Burris Rd, Davie FL ;14 954-321-8205 Striping RoadRunner ifialealiGirdensIFT 804 NW 80th Avenue 11 —Lnfa@ACMEBarricadt 305-885-9448 , Tracking C&-A-Trucking 13351 NIV IIth Str C Fl, 310)9 407-467-4353 Material Vulcan 12201 N\A' 25th Street, liami FL 33182 305-591-4100 Fax305-592-8576 Material White Rock 8300 N\V 122 Avenue ialeah FL 33018 305-822-5322 Info,i) WR uarries.com Asphalt Ranger Materials 7800 N\V 122nd Aver ialeah FL 33018 e 305-718-8070 Fax: 305-718-8184 Landscape NI&M Grounelt Or.KS 16645 SW 235 Street FlornestoidFl 8 ; � 786-601-2677 : 7 8 - n - 28 ; mmgroundivorkdS@ya This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 20 of 129 S.com oo net 163 NON -COLLUSION AFFIDAVIT CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-25 STATE OF FLORIDA COUNTY OF MIAMI-DADE Andy Diaz being first duly sworn, deposes and states that (1) He/She/Theyis/are the Representative (Owner, Partner, Officer, Representative or Agent) of UAG Construction LLC the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy. connivance, or unlawful agreement on the part of the Respondent or any other of its agents. representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of. By: Signature Andy Diaz Print Name and Title 12/01/2020 Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE ) On this the 1st day of December , 20 20 , before me, the undersigned Notary Public of the State of Florida, p onally ppeare�dd (Name(s) of individual(s) who appeared before notary) d() j GZ and whose name(s) is/are Subscribed to the within instrument, and he/sh hey acknowledge that he/she/they executed it. V,Iy Q.>...P14 Katherine Reyes 21 of 129 Y= Commission if GG133503 j.. : Expires: October 9, 2021 "�h- Bonded thru Aaron Notary 164 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: 22 or 129 State (Name of Notary Public Print Stamp It„RypiA Personally known to me, or Personal identification: rype of Identification Produced / Did take an oath, or Did Not cake an oath. Katherine Reyes Commission 0 GG133503 Expires: October 9, 2021 9oed Iltru Aaron Notary 165 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-25 Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub -contractor, supplier, Sub -consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. by This sworn statement is submitted to City of South Miami [print name of the public entity] Andy Diaz, Representative [print individual's name and title] UAG Construction LLC for [print name of entity submitting sworn statement] whose business address is 490 NIV S River Drive Miami FL 33128 and (if applicable) its Federal Employer Identification Number (FEIN) is 46-1192152 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling 23 of 129 166 interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, will be a prima facie case that one person controls another person. A person who knowingly enters Into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] x Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of JUly I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida. Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this 1st Personally known OR Produced identification (Type of identification) Form PUR 7068 (Rev.06/11/92) ZkQ " (Signature] IL day of December .20 20 Katherine Reyes �_ Commission f G0133503 Notary Public — State o < Explfrs: October 9, 2021 Bonded thru Aaron Notary My commission expires (Printed, typed or stamped commissioned name of notary public) 24 of 129 167 DRUG FREE WORKPLACE CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-25 Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contactual services, a Bid or Proposal received from a business that certifies that it has implemented a drug -free workplace program will be given preference in the award process. Established procedures for processing tie Bids or Proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing. possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (I), notify the employees that, as a condition of working on the procurement of the commodities or contractual services that are under bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to. any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign this statement and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT's Signature: _ Print Name: Andy Diaz Date: 12/01 /2020 25 of 129 168 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-25 TO THE CITY OF SOUTH MIAMI We, UAG ConstrLICtion LLC , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR202020-25 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and MARLIN ENGINEERING (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub -contractor's names): to comply with such act or regulation. COIyIITReCTOIj, _ BY: Andy Diaz Name Representative fide 26 of 129 Wime 169 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-25 The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent', must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondents name appears on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http'//www.dms.mygorida.con-dbusiness operations/state purchasing/vendor information/convicted suso ended discriminates complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY 1 Andy Diaz (hereinafter referred to as the "Declarant') state. that the following facts are true and correct (1) 1 represent the Respondent whose name is UAG Construction I.LC (2) 1 have the following relationship with the Respondent Renrrsentative (Owner (if Respondent is a -- sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) 1 have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.m)rflorida.com/business — operations/sca[e_purchasing/vendor—information/convicted—suspended—di scrimi natory_complain ts_vendor _lists (4) 1 have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondents name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable _ Convicted Vendor List Suspended Vendor List Discriminatory Vendor List _ Federal Excluded Parties List _ Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Under penalties of perjury, and as the person authorized to sign this statement. I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. Andy Diaz (Print name By: (Signature of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this a 1st day fy December appeared following identification and t foregoing Affidavit as the Declarant. 20 20 . before me, the undersigned authority, personally an oath or . lPP1� Plop ;�Q,... •a, Katheri Reye .e Commission PGG73350s 2� of 2s Expires: October 9, 2021 Bonded thru Aar on Notary 170 WITNESS my hand and official seal. Notary blic, State o orida NOTARY PUBLIC:,""".: ^.,''-'!s: ; Katherine Reyes SEAL CnmmlSSlon a GG13350S Expires: OC10ber 9,(26'fhe of Notary Public: Print, or Bonded 1hN Aaron No" or type as commissioned.) 28 of 129 171 RELATED PARTY TRANSACTION VERIFICATION FORM CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-25 1 Andy Diaz , individually and on behalf of UAG Construction LLC ("Firm") have Name of Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics, Section 8A-I of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or hent-fit nCne the per n al gai"AbeaefjLafany other—per-6oR-eF3,usi}IeSS-eHti"inside-e&the-nepn Bi-0" benefit anticipated through the performance of the contract. 29 of 129 172 (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third parry before any board, commission or agency of the City within the past two years other than as follows • (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:1PurchasinglVendor Registration112.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the Ciry, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Ocher Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement. I declare that I have read the foregoing statement, chat I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: -I' -\_V_k —W 1 Print Name & Title: Andy Diaz Representative 39 of 129 173 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP #PR2020-25 This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed bystaff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, Andy Diaz makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE Daniel Buraglia Pricipal Andy Diaz Nick Hamann Representative Principal For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this 1st day of December 120 20. kL Signature of Representative Andy Diaz, Representative UAG Construction LLC END OF SECTION 35 of 129 174 Pough, Quentin To: Atkins -McGuire, Elisha Subject. FW: Fuchs Park Pedestrian Pathway Solicitation Attachments: Unitec Bidding Document.PDF From: Leslie Gonzalez <Ionzalez@unitecus.com> Sent: Friday, December 11, 202012:30 PM To: Kulick, Steven P <SKulick@southmiamifl.gov> Cc: Kathy Hurles <khuries@unitecus.com>; Mike Fernandez <MFernandez@unitecus.com>; Webster, John <1Webster@southmiamifl.gov>; Pough, Quentin <QPough@southmiamifl.gov>; Riverol, Alfredo <ARivero @southmiamifl.gov> Subject: RE: Fuchs Park Pedestrian Pathway Solicitation Good Afternoon Mr. Kulick, As per Ms. Kathy Hurles, Unitec will honor the attached proposal; same terms, conditions and bid price for RFP #PR2020-16. Our bid price for this solicitation is $469,228.72. Thank you, '� UNITEC Leslie Gonzalez Business Manager Phone: 306.947.5223 x 102 Mobile: 786.208.6128 Email Igonzalezounitecus.com 14250 NE 18" Avenue North. Miami Florida. 33181 www.unitecus.com A Cenifted DBEAWBE/SBE Firm From: Kathy Hurles <khurles@unitecus.com> Sent: Friday, December 11, 202012:18 PM To: Mike Fernandez <MFernandez@unitecus.com>; Leslie Gonzalez <lonzalez@unitecus.com> Subject: Fwd: Fuchs Park Pedestrian Pathway Solicitation Begin forwarded message: From: "Kulick, Steven P" <SKulick0southmiamifl.eov> Date: December 11, 2020 at 11:31:06 AM EST To: Kathy Hurles <khurles@unitecus.com> Cc: "Webster, John" <WWebster@southmiamifl.gov>, "Pough, Quentin" <QPouah@southmiamifl.¢ov>, "Riverol, Alfredo" <ARiverol@southmiamifl.gov> Subject: Fuchs Park Pedestrian Pathway Solicitation iFFl Re: RFP PR2020-16 Good morning, In accordance with my conversation with Leslie, please confirm by return email that Unitec will honor the attached proposal; same terms, conditions and bid price for RFP #PR2020-16. The bid price for this solicitation, as proposed by Unitec, is $469,228.72. The City appreciates your cooperation. Thank you, Steven Kulick, C.P.M. Chief Procurement Officer/Procurement Division City of South Miami - 6130 Sunset Drive - South Miami, FI 33143 Ph: 3051663-6339, Fax: 3051663-6346 - Email: skulickCa)southmiamifl.aov 2 176 CITY OF SOUTH MIAMI CONTRACT PLANS COMPONENTS INDEX OF ROADWAY PLANS SHEET NO. SHEET DESCRIPTION 1 KEY SHEET I SUMMARY OF PAY ITEMS 1 TYPICAL SECTION A PROJECT SHEET LAYOUT S GENERAL NOTES 6 .10 THAN. PUN II LOOKOUT DETAILS 12 SIGNING AND PAVEMENT MARKINGS Kd . 5-5 RETAINING WAt15 • THIS SHEETS ARE INCLUDED IN THE INDEX ONLY TO INDICATE THAT IT 15 PART OF THE CONTRACT PLANS, THESE SHEETS ARE CONTAINED IN A SEPARATE DIGITALLY SIGNED AND SEALED DOCUMENT. DESIGN TEAM 'ME ENGINEER: PROJECT LOL.,...,.. 6iw0n EUmi SinA, boa. 17M NW 661h Ausom. 5uile 106 Punta¢¢¢, R. 31313 PIVn Rya) I7D5mD F-VU) 669b06s OWNER: Cllyor6oulhmuml 6130 S. Dme SouOMieml, FL33143 PMr.(305)66 39 GOVERNING DESIGN STANDARDS: Florida Department of Transportation, 2019 Manual of Uniform Minimum Standards For Design. Construction and Maintenance for Streets and Highways. Florida Department of Transportation. 172019-20 Design Standards ¢Book (DSOSI Red applicable Design Standards Revisions (DSRS) at the following website: http://www.fdot.gov/Toedway/Deslgn5tendards/5tandards.shtm FUCHS PARK TRAIL 6445 SW 81ST STREET 0 GOVERNING STANDARD SPECIFICATIONS: Florida Department of Transportation, 2019 standard Specifications for Road And Bridge Construction At the following website: http://www.Idpcgev/proprammanagemem/Implemented/SpecBooks T..as 10, ELECTED OFFICIALS Philip K. Stoddard, Mayor N.T.S Walter Hams, Vice -Mayor Josh Liebman, Commissioner Luis Gil, Commissioner Robert Welsh, Commissioner I South Miami TI IE CITY OF PLEASANT LIVING THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY Roxana P Matamoros 2020.07.29 16:28:19-04'00' ON THE DATE ADJACENT TO THE SEAL PRINTED COPIES OF THIS DOCUMENT ME NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTROMC COPIES. PLANS ENGINEER OF RECORD: MARLIN E N OI N E ER I NG RO%ANA MATAMOROS P.P. A., T7979 Ilo6 NN ee Ave.. so, 1M. IYN .nnro Doll olasn . u IN. aIM END - 2 DIG BEFORE „U BEFORE YOU DIG � wwN.mhmaNwrun ION CONTRACCONSTRUCT No I FISCAL I SHNO EET I N/A 1 19 CITY OF SOUTH MIAMI MIAMI-DADE COUNTY CONTRACT PLANS COMPONENTS INDEX OF ROADWAY PLANS SHEET NO. SHEET DESCRIPTION 1 KEY SHEET 2 SUMMARY OF PAY ITEMS 3 TYPICAL SECTION 4 PROJECT SHEET LAYOUT 5 GENERAL NOTES 6 • 9 TRAIL PLAN 10 LOOKOUT DETAILS 11 GRAVITY WALL DETAIL 12 LANDSCAPING DETAILS 13 - 16 STORM WATER PREVENTION PLAN •17 - 20 SPECIAL DETAILS SHEETS ••S•l . S-5 RETAINING WALLS • THIS SHEETS ARE INCLUDED FOR INFORMATION PURPOSES ONLY. THEY ARE NOT PART OF THE CONTRACT PLANS. •• THIS SHEETS ARE INCLUDED IN THE INDEX ONLY TO INDICATE THAT IT IS PART OF THE CONTRACT PLANS, THESE SHEETS ARE CONTAINED IN A SEPARATE DIGITALLY SIGNED AND SEALED DOCUMENT. DESIGN TEAM CIVIL ENGINEER: PRO Mulin Enginccring, Inc. 1700 NW 66 th Avenue, Suite 106 Plantation. Ft. 33313 Phonc:(954) B70.5070 Faa:(9.S4)600.6045 OWNER: City of South Miami 6130 Sunset (hive Smith Miami. FL 33143 Phone: (305)663.6339 GOVERNING DESIGN STANDARDS: Florida Department of Transportation, 2020 Manual of Uniform Minimum Standards for Design. Construction and Maintenance for Streets and Highways. Florida Department of Transportation, FY2019-20 Design Standards eBook (DSeB) and applicable Design Standards Revisions (DSRs) at the following website: http://www.fdot.gov/roadway/DesignStandards/Standards.shtm GOVERNING STANDARD SPECIFICATIONS: Florida Department of Transportation. 2020 Standard Specifications for Road and Bridge Construction at the following website: http://www.fdot.gov/programmanagement/imp/emented/Spec800ks FUCHS PARK TRAIL 6445 SW 81 ST STREET 91t� i JECT LOCATION (7A South 11 11 (-IT)'' O1 11 l_A'S,AN I I IVIN(j N.T.S p �MATgA/•,*1 0%10 %%C E NSF O' '� THIS ITEM HAS BEEN DIGITALLY .�, � •� No 779T9 • SIGNED AND SEALED BY T-12•S �p=. STATE OF .,4i T•}3•S ��0��••�cL p,: •`�tti`� ON THE DATE ADJACENT TO THE SEAL O a'O PRINTED COPIES OF THIS DOCUMENT ARE rrrir�NAt�tS��, NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. 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POLIGON PRE-FAB SHELTER SCHEMATIC DRAWINGS SLOG TYPE- 55G 9X9 ROOF TYPE MULTI NOTE- ALL REDO FL MOMS. ENGINEERING DRAWINGS. CALCULATIONS AND FOOTING DESIGN SHALL BE PNOVIOEO By POLIGON -STOP Of BANK CONCRETE PAD LINKS —WATER EDGE API TYPICAL DOUR - N Lei N5L \ u - COLUMN u S V) 3J16' SAW COT JOINT. I-1JY DEEP lWIFRIN 12 HOURS) CONCRETE PAD LIMITS SAW CUT JOINT DETAIL Mrs. ASPHALTIC PATH- 6.9 _ f-_. -- L 14.0 --I I I 3.77 I 6.46 s>r I I 6-CONCRETE J \I SAW IHINT HYE SW SE SFE DETAIL THIS SHEET LOOKOUT CONCRETE PAD DETAIL N.T.S. SLAB FOOTING SCHEDULE WBM �3� NERIFOHLING - FI SEE MUGON DESIGN SEE POLMAN DESIGN ;OR APPROVED EQUAL OW APPROVED EDUAL "VISIONS MARLIN DATEOES[R P r SHEET E N° I N E E B I N O „ FUCNS PARE TRAdL NO. R°NANA YXTAYOPD; E.E. NoS S]9�I B 1� South Miami LOOKOUT DETAMS 10 'J' I '..0 "It'SI I, 3111tl tl3JN11 .., . 03WJ15 I11Y1111U 311, ]IAtltlll313 . V 133M 51.1 1. W'OJ3tl ]Y IJ11f0 3. 1 V 4 � � e a . 4 3 a w �3 ca ti Q 3 w oI J N ~ - C Zi �p S. 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Q2 V ~OZ� Ix to Q < Wa 0 W; O W`QW0WWW0� W W°p UIx-IX 2 ~O 0= zcc cx cc �`a oco� C� tiWm ZE w1� ti +, ki O tia Q W O�-UQ WMW 2 a0 W O� a,- w 4W M aWW d►-�uOat ..+ii a,�>o A.aW MwtnW Ci = I.MW O �y�IW Rpy U0 W 4?0.0.MT UMMMUMMM 00 WWW �,- ma V M: Uti_ U; 0z0 �Oaa W M Q� 1. o 2-,O- max WO W�. wao¢aQZa 2I W-7 QQ >2 4a 0 '� ti ,W 2i Oa 2 a NM W-� a 022zaz04x W, zW OW i p.,:ry ^1V vi QO W� O W WZ2 Q2 m 1--,U0a Qa m U�WMMU�UZ� G K►.a mUa U+ +^i M*,A 4i ao Ci.-�.•-.-.-.- QU QaQ WU ILa I6 aMO xuW STABILIZATION PRACTICES: SHALL BE IN ACCORDANCE WITH DEP DOCUMENT NO. 62-621.300(4)ra) STRUCTURAL PRACTICES. - SMALL BE 1N ACCORDANCE WITH DEP DOCUMENT NO. 62-621.300(4Na) WASTE DISPOSAL: A WASTE MATERIALS - ALL WASTE MATERIALS SHALL BE COLLECTED AND STORED IN A METAL DUMPSTER WITH A SECURE LID IN ACCORDANCE WITH ALL LOCAL AND STATE LAWS. ALL TRASH AND CONSTRUCTION DEBRIS FROM THE SITE SHALL BE DEPOSITED IN THE DUMPSTER. THE SUPERINTENDENT SHALL COORDINATE WITH THE LOCAL UTILITIES TO HAVE THE DUMPSTER EMPTIED AT LEAST TWICE A WEEK AND THE WASTE TAKEN TO AN APPROPRIATE LANDFILL. NO CONSTRUCTION WASTE MATERIALS SHALL BE BURIED ON SITE, THE SUPERINTENDENT SHALL ORGANIZE TRAINING FOR THE EMPLOYEES IN THE PROPER PRACTICES WHEN DEALING WITH WASTE MATERIALS, THE SUPERINTENDENT SHALL BE RESPONSIBLE FOR POSTING AND ENFORCING WASTE MATERIAL PROCEDURES. B. HAZARDOUS WASTE - HAZARDOUS WASTE MATERIALS SHALL BE DISPOSED OF IN ACCORDANCE WITH ALL LOCAL AND STATE LAWS OR AS DIRECTED BY THE MANUFACTURER. THE SUPERINTENDENT SHALL ORGANIZE THE PROPER TRAINING FOR EMPLOYEES IN THE PROPER PRACTICES WHEN DEALING WITH HAZARDOUS WASTE MATERIALS. THESE PROCEDURES SHALL BE POSTED ON THE SITE. THE PERSON WHO MANAGES THE SITE SHALL BE RESPONSIBLE FOR ENFORCING THE PROCEDURES. C SANITARY WASTE - SANITARY WASTE SHALL BE COLLECTED AND DISPOSED OF IN ACCORDANCE WITH ALL LOCAL AND STATE LAWS. THE SUPERINTENDENT SHALL COORDINATE WITH THE LOCAL UTILITY FOR COLLECTION OF THE SANITARY WASTE AT LEAST THREE TIMES A WEEK TO PREVENT SPILLAGE ONTO THE SITE. D. RUBBISH, TRASH, GARBAGE, LITTER, OR OTHER SUCH MATERIALS SHALL BE DEPOSITED INTO SEALED CONTAINERS. MATERIALS SHALL BE PREVENTED FROM LEAVING THE PREMISES THROUGH THE ACTION OF WIND OR STORM WATER DISCHARGE INTO DRAINAGE DITCHES OR WATERS OF THE STATE. OFFSITE TRACKING: A. STABILIZED CONSTRUCTION ENTRANCE SHALL BE PROVIDED TO REDUCE SEDIMENT TRACKING OFFSITE. THE MAJOR ROAD CONNECTED TO THE PROJECT SHALL BE CLEANED ONCE A DAY TO REMOVE ANY EXCESS MUD, DIRT OR ROCK RESULTING FROM CONSTRUCTION TRAFFIC. ALL TRUCKS HAULING MATERIALS OFFSITE SHALL BE COVERED WITH A TARPAULIN. B. GENERAL CONTRACTOR SHALL DENOTE On PLAN THE TEMPORARY PARKING AND STORAGE AREA WHICH SHALL ALSO BE USED AS THE EQUIPMENT MAINTENANCE AND CLEANING AREA, EMPLOYEE PARKING AREA. AND AREA FOR LOCATION PORTABLE FACILITIES. OFFICE TRAILERS, AND TOILET FACILITIES. HEAVY CONSTRUCTION EQUIPMENT PARKING AND MAINTENANCE AREAS SHALL BE DESIGNED TO PREVENT OIL, GREASE, AND LUBRICANTS FROM ENTERING SITE DRAINAGE FEATURES INCLUDING STORMWATER COLLECTION AND TREATMENT SYSTEMS. CONTRACTORS SHALL PROVIDE BROAD DIKES, HAY BALES OR SILT SCREENS AROUND, AND SEDIMENT SUMPS WITHIN. SUCH AREAS AS REQUIRED TO CONTAIN SPILLS OF OIL. GREASE OR LUBRICANTS. CONTRACTORS SHALL HAVE AVAILABLE, AND SHALL USE, ABSORBENT FILTER PADS TO CLEAN UP SPILLS AS SOON AS POSSIBLE AFTER OCCURRENCE. C ALL WASH WATER FROM CONCRETE TRUCKS, VEHICLE CLEANING, EOUIPMENT CLEANING, ETC SHALL BE DETAINED ON SITE AND SHALL BE PROPERLY TREATED OR DISPOSED D. IF THE ACTION OF VEHICLES TRAVELING OVER THE GRAVEL CONSTRUCTION ENTRANCES IS NOT SUFFICIENT TO REMOVE THE MAJORITY OF DIRT OR MUD, THEN THE TIRES MUST BE WASHED BEFORE THE VEHICLES ENTER A PUBLIC ROAD, IF WASHING 15 USED, PROVISIONS MUST BE MADE TO INTERCEPT THE WASH WATER AND TRAP THE SEDIMENT BEFORE IT 15 CARRIED OFF THE SITE, E ALL MATERIALS SPILLED, DROPPED, WASHED, OR TRACKED FROM VEHICLES ONTO ROADWAYS OR INTO STORM DRAINS MUST BE REMOVED IMMEDIATELY. SPILL CLEAN UP IN ADDITION TO THE GOOD HOUSEKEEPING AND MATERIAL MANAGEMENT PRACTICES DISCUSSED ABOVE. THE FOLLOWING PRACTICES SHALL BE FOLLOWED FOR SPILL PREVENTION AND CLEANUP: A. SPILL CLEANUP INFORMATION SHALL BE POSTED ON SITE TO INFORM EMPLOYEES ABOUT CLEANUP PROCEDURES AND RESOURCES. B. THE FOLLOWING CLEAN-UP EQUIPMENT MUST BE KEPT ON -SITE NEAR THE MATERIAL STORAGE AREA GLOVES, MOPS, RAGS, BROOMS, DUST PANS, SAND, SAWDUST, LIQUID ABSORBER, GOGGLES, AND TRASH CONTAINERS. C. SUFFICIENT OIL AND GREASE ABSORBING MATERIALS AND FLOTATION BOOMS SHALL BE MAINTAINED ONSITE AND READILY AVAILABLE TO CONTAIN AND CLEAN-UP FUEL OR CHEMICAL SPILLS AND LEAKS. D. ALL SPILLS SHALL BE CLEANED UP AS SOON AS POSSIBLE. E- WHEN CLEANING A SPILL, THE AREA SHOULD BE WELL VENTILATED AND THE EMPLOYEE SHALL YEAR PROPER PROTECTIVE COVERING TO PREVENT INJURY. F. TOXIC SPILLS MUST BE REPORTED TO THE PROPER AUTHORITY REGARDLESS OF THE SIZE OF THE SPILL G. AFTER A SPILL, THE PREVENTION PLAN SHALL BE REVIEWED AND CHANGED TO PREVENT FURTHER SIMILAR SPILLS FROM OCCURRING. THE CAUSE OF THE SPILL, MEASURES TO PREVENT IT, AND HOW TO CLEAN THE SPILL UP SHALL BE RECORDED. H. THE SUPERINTENDENT SHALL BE THE SPILL PREVENTION AND CLEANUP COORDINATOR AND IS RESPONSIBLE FOR THE DAY TO DAY SITE OPERATIONS. THE SUPERINTENDENT ALSO OVERSEES THE SPILL PREVENTION PLAN AND SHALL BE RESPONSIBLE FOR EDUCATING THE EMPLOYEES ABOUT SPILL PREVENTION AND CLEANUP PROCEDURES. MAINTENANCE: ALL MEASURES STATED ON THIS EROSION AND SEDIMENT CONTROL PLAN, AND IN THE STORM WATER POLLUTION PREVENTION PLAN. SHALL BE MAINTAINED IN FULLY FUNCTIONAL CONDITION UNTIL NO LONGER REQUIRED FOR A COMPLETED PHASE OF WORK OR FINAL STABILIZATION OF THE SITE. ALL EROSION AND SEDIMENTATION CONTROL MEASURES SHALL BE CHECKED BY A QUALIFIED PERSON AT LEAST ONCE EVERY SEVEN CALENDAR DAYS AND WITHIN 24 HOURS OF THE END OF A 0.5" RAINFALL EVENT. AND CLEANED AND REPAIRED IN ACCORDANCE WITH THE FOLLOWING: A. INLET PROTECTION DEVICES AND BARRIERS SHALL BE REPAIRED OR REPLACED IF THEY SHOW SIGNS OF UNDERMINING, OR DETERIORATION. B. ALL SEEDED AREAS SHALL BE CHECKED REGULARLY TO SEE THAT A GOOD STAND IS MAINTAINED. AREAS SHOULD BE FERTILIZED, WATERED, AND RESEEDED AS NEEDED. C. THE COMPOST SOCK FILTRATION DEVICE SHALL BE INSPECTED PERIODICALLY FOR HEIGHT OF SEDIMENT AND CONDITION OF DEVICE. COMPOST SOCK SHALL BE REPAIRED TO ITS ORIGINAL CONDITIONS IF DAMAGED. SEDIMENT SHALL BE REMOVED FROM THE COMPOST SOCK WHEN IT REACHES ONE-THIRD THE HEIGHT OF THE COMPOST SOCK. D. THE CONSTRUCTION ENTRANCES SHALL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR FLOW OF MUD ONTO PUBLIC RIGHTS -OF -WAY. THIS MAY REQUIRE PERIODIC TOP DRESSING OF THE CONSTRUCTION ENTRANCES AS CONDITIONS DEMAND. E. THE TEMPORARY PARKING AND STORAGE AREA SHALL BE KEPT IN GOOD CONDITION (SUITABLE FOR PARKING AND STORAGE). THIS MAY REQUIRE PERIODIC TOP DRESSING OF THE TEMPORARY PARKING AS CONDITIONS DEMAND. F. OUTLET STRUCTURES IN THE SEDIMENTATION BASINS SHALL BE MAINTAINED IN OPERATIONAL CONDITIONS AT ALL TIMES. THE SEDIMENT BASINS/DITCHES SHALL BE CHECKED MONTHLY FOR DEPTH OF SEDIMENT. SEDIMENT SHALL BE REMOVED FROM SEDIMENT BASINS OR TRAPS WHEN THE DESIGN CAPACITY HAS BEEN REDUCED BY 10% AND AFTER CONSTRUCTION IS COMPLETE. G. ALL MAINTENANCE OPERATIONS SHALL BE DONE IN A TIMELY MANNER BUT IN NO CASE LATER THAN SEVEN CALENDAR DAYS FOLLOWING THE INSPECTION. H. DIVERSION DIKES SHALL BE INSPECTED MONTHLY. ANY BREACHES SHALL BE PROMPTLY REPAIRED. 1. A MAINTENANCE REPORT SHALL BE COMPLETED DAILY AFTER EACH INSPECTION OF THE SEDIMENT AND EROSION CONTROL METHODS. THE REPORTS SHALL BE FILED IN AN ORGANIZED MANNER AND RETAINED ON -SITE DURING CONSTRUCTION. AFTER CONSTRUCTION IS COMPLETED, THE REPORTS SHALL BE SAVED FOR AT LEAST THREE YEARS. THE REPORTS SHALL BE AVAILABLE FOR ANY AGENCY THAT HAS JURISDICTION OVER EROSION CONTROL. J. ALL REPAIRS MUST BE MADE WITHIN 24 HOURS OF REPORT K. THE SUPERINTENDENT SHALL ORGANIZE THE TRAINING FOR INSPECTION PROCEDURES AND PROPER EROSION CONTROL METHODS FOR EMPLOYEES THAT COMPLETE INSPECTIONS AND REPORTS. SPILL PREVENTION AND CONTROL: THE FOLLOWING ARE THE MATERIAL MANAGEMENT PRACTICES THAT WILL BE USED TO REDUCE THE RISK OF SPILLS OR OTHER ACCIDENTAL EXPOSURE OF MATERIALS AND SUBSTANCES TO STORM WATER RUNOFF. A GOOD HOUSEKEEPING I SUPERINTENDENT SHALL INSPECT PROJECT AREA DAILY FOR PROPER STORAGE, USE, AND DISPOSAL OF CONSTRUCTION MATERIALS. 2. STORE ONLY ENOUGH MATERIAL ON SITE FOR PROJECT COMPLETION. 3. ALL SUBSTANCES SHOULD BE USED BEFORE DISPOSAL OF CONTAINER. REVISIONS DESCRIPTION MARLIN SHEET ENGINEERING SSnn((tt T FUCHSPARKTRAIL NO. ROXANA MATAMOROS P.E. No$7JYJ910 1100 NW 66 Ave.. Su. 106 • Pl.m.11ua n South Miami I1317 STONY WATER POLLUTIONS PREVENTION PLAN 14 U051 477•ISIS • C.A. No. 6104 , "J"Y") '000"C2'MI. 31. tl3. 03N3f . 031M15 AllYll910 311, JIN "113 3N1 S, 1 . ll Nl . OtlO 111]11. 3Nl tO u 2z :d M El am is `ems w r o° w1 Sy C r m tz 61� o Wooi 26 .g 5 m a ° W m o: w'. G �au¢w W �¢ `NOY rz zW o F = 8W om `:a:Y rz `xTp 2t1 me S r Wi- ma /z a L -I1 K¢ v - ¢¢ zOK•i'e z 'EY O W _ K yN 0 m¢ �a a41 'i t � NOa n C N4 w Ya ¢y FNn w z z ` is zi wNW inn Kos 0Q O ; W 6¢N 44m o ° gym. N c o c W OQ N jam¢ SNW o° N 2° > W z 45 g W 17- 18t TO DRIPII TODyRItP TO ;- TO DRIP __ DRIP I N UNE LINE r i�}�itii``.iti'i>.5�i?1i,}�?i� iti7i lT}%�i il' PALM TREE$ DCCIDUOU5TREES CONIFEROUS -TREES r X 4- HORIZONTAL \ RAIL, TYPICAL @ 4- LONG, MAX. MULTIPLE RAILS, AS REQUIRED 7 X 4' POST, _ TYPICAL PALMS -AND SMALL TREES LARGE TREES -AND BUSHES NOTES: 1. NO TRUCKS OR HEAVY EQUIPMENT ALLOWED WITHIN BARRIERS, ONLY HAND LABOR ALLOWED. 1. NO CONSTRUCTION MATERIALS, SOIL DEPOSITS, OR SOLVENTS SHALL BE ALLOWED WITHIN BARRIERS, 3. BARRIERS ARE TO BE IN PLACE PRIOR TO ANY CONSTRUCTION ACTIVITIES WITHIN TREE AREA. 4. BARRIERS ARE TO STAY IN PLACE UNTIL ALL PAVING, CONSTRUCTION, AND HEAVY EQUIPMENT IS REMOVED FROM THE AREA. TREE PROTECTION BARRIERS DETAIL NTS SPACING OF POSTS TO BE 6-10 FEEV APART FILTER FABRIC YATFRIAI FOR ADDITIONAL STRENGTH, FILTER FABRIC CAN BE ATTACHED TO A 6-INCH (MAX) MESH WIRE SCREEN WHICH HAS BEEN FASTENED TO THE POSTS SECURELY BOUND WIRE TIE 7X7 WOOD STAKES WIRE OR NYLON BALES REQUIRED FOR �_ BOUND BALES DURABILITY 7 PER BALE FLOWf EXISTING GRADE BALE TIES - 4' RECESS 4' (MIN.) SECTION ANCHORING BALES SHEET FLOW l I 1 SYNTHETIC BALES STAKED DOWN STAKES SINGLE ROW OF SYNTHETIC BALES TO BE PLACED PRIOR TO THE START OF ROUGH GRADING ROUGH -GRADING SYNTHETIC BALES - SYNTHETIC BALES ANGLE FIRST STAKE + TOWARD PREVIOUSLY LAID BALE & PLACE S CURB b rt t -CURB 6 TIGHTLY TOGETHER �t GUTTER f }t GUTTER — - y— + II Y 1, J 0 INLET PROTECTION DEVICE INLET PROTECTION DEVICE PARTIALLY COMPLETED INLET ELEVATION PARTIALLY COMPLETED -INLET (TYPE III (TYPE I) CURB f 6 CURB & GUTTER (`� GUTTER Ii11 i'tl }}} j ll !"till It _ _ I :1.1 I-:1•i INLET PROTECTION DEVICE A ` INLET PROTECTION DEVICE COMPLETEDINLET (TYPE 1) COMPLETED INLET (TYPE 11) SYNTHETIC—BALES-011 APPROVED BARRIERS NTS FILTER FABRIC MATERIAL SECURELY FASTENED TO THE SILT FENCE INSTALLATION DETAIL POSTS OR TO THE USED WIRE NTS - MESH WOOD OR APPROXIMATELY 8 INCHES OF STEEL POST _FILTER FABRIC MATERIAL MUST EXTEND INTO A TRENCH AND BE ANCHORED WITH COMPACTED BACKFILL FATERIAL RUNOFF_ 1 L-APPROXIMATELY 4' X 4' TRENCH DITCH -BOTTOM -INLET ATTACHING TWO SILT FENCES --■ - ---Epp. t€� ®� POST THE END POST OF THE SECOND FENCE INSIDE THE END POST OF THE FIRST FENCE _ ROTATE BOTH �� " ---" POSTS AT LEAST 180 DEGREES IN DRIVE BOTH A CLOCKWISE POSTS 18 DIRECTION TO DiRF rIo'+ of uuru>rc wn1F�S INCHES INTO CREATE A TIGHT SEAL WITH THE THE FABRIC FLAP AND BURY F BURY' B MATERIAL REVISIONS DESCRIPTION DATE DE RIOT N MARLIN SHEET ENOINEERINO �ilvFUCHSPARBTRAIL No. ROXANA MATAMOROS P.E. NO;Wll10 SouthMiami �6 1700 WIN 66 An.. SIc 106. P14R19W. FIL 31117 ST7OM WATER POLLUTIONS PRBVM"ON PLAN :L 130%1 417457S ' CA. No. 6104 fLSFRf tOATFS fF1NFf fFllFa I ! ll 11 j{ tt T S 2 4 [# + fsls"it a a a a a7• a S i a! a. itt i -i4 { Iffil t( �' iii}}i�tt i� j ��{� ieE I�ii ii !}ll =???lDDI _'Dl±la-DlD±lDt±? I II? i1 H?111 DDIIIlI 5 a£- i R i 99 3 a i --� R t � 1 11 E I i '_ R S '_ - 7 E i- -I aj t �`� ��t�eti§Fi�}!��§�I��l i�ts3i}►,�aD!`i,t§ Itt ',;I§alto R! las`{aj aa�t�alt4tdt t!lttt; ss t• - - I .I `wo iz Z h F e 4 O Uy T � U 4 h f fit ,`s �L cn 0 d lilt €f 5 e F jt ! F[ l i gp i L I e S 5 I P t P P G e 5 ff: '=171i 31HHI]IIIIIIII�IIIlllllalllll311111 _ _ �geaeeaieceta=. 5 I 4 'p 9 E t 4• 9 4} i I !{�tft�tf��+:ii�}l�tlfif{lH��I��I1�lElllltHfilitli�`l�� Jy i ` ii ll I a l ii�iil,I` • �® a c� • o Q m In tD • �� • 3 •to � m • • $ Legend PmRo.ee sM1ouwa-Rem.ea T^'B0-'y • o-mwm sin a.waean -Pmposdl P.vgnanl-PevlseU • R'lii CmlicMemtn • IIlebwle �C R.Z. I. Speomnn Te RMMI Feel Tree Survey for Proposed Pedestrian Pathway at Fuchs Park l� B. R.lo • T "tloo15peOni" u 125 25 sa 75 IN City of South Miami NFVII NS ^ / (o \ FUCHS PARK TRAIL SNo ocscxlaao" 61 cf I10 South Miami SPECIAL DETAILS SHEETS :a BEGIN WALL IA ENO WALL IA STA3 STA 33M7.43 ` BEGIN WALL.48 WAIL 18 CONTRACT PLANS COMPONENTS STRUCTURE PLANS EXTERIOR FACE OF WALL IA SHEET NO. SHEET DESCRIPTION 54 RETAINING WA45 (SHEET 1 OF 51 BORING L S.p RETAINING WALLS (SHEET ] OF 5) B BORING B B RETAINING WALLS (SHEET 3 OF 51 4� BOR f $4 RETAINING WALLS (SHEET 4 OF 5) ,y a 5-5 RETAINING WALLS (SHEET 5 OF 5) ` b .... 6 INTERIOR FACE OF WALL IA \ ulhgFFFF' a CLOIB ,.... R SEE ROADWAY SHEET N0. 10 `.�JE. ANN v, THIS ITEM HAS BEEN DIGITALLY CONSTRUCTION A FOR CURVE DATA \J. ySC E Ny�; AS a, SIGNED AND SEALED BY SNARED USE PATH ,5�5 No 77896 ON THE GATE ADJACENT TO THE SEAL q•P': STATE PRINTED COPIES OF THIS DOCUMENT ARE OA;: FL O RIO P' ��, NOT CONSIDERED SIGNED AND SEALED RE VERIFIED FSSIC) N...... AND THE SIGNATURE MUST AL ON ANY ELECTRONIC COPIES. FF'FIIIIII�„` PI AN - WAI I id - RETAINING WALL b PEDESTRIAN F BEGIN WALL IA TOP DF BICYCLE RAILING STA 11+47.43 EL. 6,50 AT SHOULDER BOTTOM OF CONCRETE CAP -� END WALL IA STRUCTURAL PLANS EL fiJ9 AT TOP OF CAP -_ CONCRETE CAP - �, - PpOPOSEO LRAOE BEGIN WALL IS STA 11a48.53 ENGINEER OF RECORD: m EL. a rT EL. T es EL 8SG AT SHOULDER 5 EL. 9.19 AT TOP OF CAP MARLIN O ENGINEERING -S EL. -3.50 _ - EL. -1.88 EL. -0.10 IIIUE ANN VERS •P.E. No.: 77896 -10 31'-3%' 45-9$' NW 66 AveSte. FL 33313 VO6 .. • Plangtlon. Z'74ST5106 MEASURED ALONG FACE OF WALL 14'B (305) CA. Na. 610A LBE LWAHATS A9I1 ALWAYSA L811 CALL 0 BEFORE YOU DIG 1 nl"�'fi6e''�H'W'•' DFVFIOPFD FIFVATION _WAII IA Www.mlkunaNne.mm °'°"° MARLIN E H O 1 N E E R 1 N O/.1 `' FUCHS PARE TRAIL SHEET NO. .. RIDE AMR VERS •P.E Ne.: 1iB9{L I IO 1IN WILa,,. ate. 1EA. R.nE...H»I1I '1 SOUL Miami RETAIAM (PALLS ISHEETI OF 5) 5-1 HEN .H,i,f.4 RETAINING WALL & PEDESTRIAN ] BICYCLE RAILING ENO WALL IC CLO19 \ STA 15H9 76 SEE ROADWAY SHEET NO.) FOR CURVE DATA END WALL 18 15 BORING STA I4+75.35 8-4 BEGIN WALL IC b ee 4 wS, 1R '� CONSTRUCTION $ Qy SHARED VSE PATH PI AN - WAI I if 3 3 RETAINING WALL D PEDESTRIAN / BICYCLE RAILING END WAIL IN pgDpOSED GRADE BEGIN WALL IC STA .35 EL. 806 SHOULDER l ENO WALL IC EL. 8.35 ATAT 35 AT TOP OF [AP STA .41 AT15�1976SHOULDER EL. HOULDER 8.A1 AT S& EL. )0 AT TOP OF CAP 5 0 EL -0.9A EL. -059 1-10 MEASURED ALONG FACE OF WALL 36'-3 4' Q OFVFI OPFI) FI FVdTfON -WAIT if ""'°x' MARLIN l°° /� 1 SHEET cxoixeeniuoL FUCHS PARK TRAIL ND. IUIIE A:x VE"S •",F� Nu.; hl94111O l ` no .. su.T.x..a,a..0 uns °� South Miami RE TAMING WALLS !SHEET 3 OF 51 5-3 �nasi annn • e i •ree-ss•clnto allm aaeun e37r3S ffW o3NDIS 177Y1191O 3113 3INOU13373 3N1 SI 133NS SIN1 !0 ON033V 7YI3Iid0 391 • t W x V kn i [NXa 8O_ w R' p kea O , c ! � 6, o z a a ,n N a x i� Q �. a tAm ,n �,ti W,W L6 oLLS Lu W a x Q a '~^ W W k to d W w W W W W W a 4 to to i NI p ti p a " H in W Qjui It ¢ 3 2 ti v I.. w a OW uui O as F LU W °a w o U. x Ln z Q w in r- � W E uj I. tn W W qtu try QWLU +� Y1 r— .f'.l ^? kn a — �n L Zo•�ra 2 0 i u t CL W tQ g. ~ Fes- Wig ti 1-4 W V1 >�nh Ln tY w •o •• p H Uj wv; w Ln ¢h �l o IA�- 0, Z.LU ` ~ �> 0w cc I. W O W a a 0 0 ti W Lq Ln ti a CO WO �ta 2 x z a it h a i a it ' h a �3 W W Q IS Q r w4 WLn �a Q Uj w ai_ aN W$i � 1 AliIq r 1LL I ' O H~-'036W3 WIN .If W 4 tea` ¢ J w U � wtn `n it RETAINING WALL 1A CONSTRUCTION STATION CURB FACE OF CONCRETE CAP TOP OF CONCRETE OFFSET FROM fL CONSTRUCTION(FT.) CAP ELEVATION 11+47.36 6.00 6.79 11+63.43 6.00 7.41 11+97.98 6.00 8.14 12+48.53 6.00 9.19 RETAINING WALL 18 i fL CONSTRUCTION STATION CURB FACE OF CONCRETE CAP TOP OF CONCRETE OFFSET FROM 4 CONSTRUCTION (FT.) CAP ELEVATION 12+48.53 6.00 9.19 13+60.00 6.00 8.89 14+38. 94 6.00 653 14+48, 94 16.00 630 14+58.94 16.00 8.25 14+68.94 16.00 8.40 14+75.35 6.00 8.35 I RETAINING WALL IC fL CONSTRUCTION STATION CURB FACE OF CONCRETE CAP TOP OF CONCRETE OFFSET FROM fL CONSTRUCTION (FT.) CAP ELEVATION 14+75.35 6.00 8.35 15+20.00 6.00 8.70 REVISIONS MARLINFUCHS ENGINEERING I41 (� PARK TRAIL SHEET No. DESCRIPTION RR// I (0 RETAINING WALLS (SHEET 5 OF 5) 5-5 JULIE ANN VERS •P.E. No.: At'ii1 1700 Nw 66 A".. Ste. 106 • R M1600h. FL 33113 ,A1 South Miami ISM ul.Isrs • CA. No. 6104 ld", 5/]/2014 10 st 24 Ay 1 NafsX.NW019001000 rNr N1 P.•. r.•.n)p1/OOr000v�srrucrwetN,r.��ny 1"o 0 12.5 25 50 F uc hs Pa rk •a NO 11 •a \� S w 8 Legend - Proposed Shoulder - Revisetl No Survey • 6-Invasive Species 0lepodtlon - Proposed Pavement.Revisetl • 0-No CanEkMemain d- Reboale %opom6 HeadvA 0 1-Preserve 0 5-Dead �Cnllcd RWZara • z- speamen Tree Ramoval 0 6-Remove Tree Surveyor Proposed Miami6hway at Fuchs Park 0 7-Rebeale speaman 75 100 75 too City of South Miami f South EXHIBIT I SCOPE OF SERVICES ATTACHMENT C CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-16 "SCHEDULE OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENTS PROPOSAL UNRESPONSIVE 69 of 110 SCEHDULE OF VALUES CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK CITY OF SOUTH MIAMI Pay Item Description Unit Qty Unit -Cost Cost ($) ROADWAY PERMITS PERMIT FEES LS 101-1 MOBILIZATION LS 1.00 102-1 MOT LS/DA 1/180 104-10-3 SEDIMENT BARRIER LF 1267.00 0104-11 FLOATING TURBIDITY BARRIER LF 870.00 0104-18 INLET PROTECTION SYSTEM EA 3.00 107-1 LITER REMOVAL AC 20.53 107-2 MOWING AC 16.10 110-1-1 CLEARING AND GRUBBING AC 0.57 0120-6 EMBANKMENT CY 997.00 120-71 REGULAR EXCAVATION CY 459.00 0160-4 TYPE B STABILIZATION SY 1564.00 0162-1-12 PREPARED SOIL LAYER, FINISH SOIL LAYER, 12"AVG. SY 1250.00 0285-701 OPTIONAL BASE, BASE GROUP 01 SY 1205.00 0334-1-11 SUPERPAVE ASPH CONC, TRAF A TN 92.33 0400-0-11 CONCRETE CLASS NS. GRAVITY WALL CY 13.50 0400-4-5 CONCRETE CLASS IV, SUBSTRUCTURE CY 20.52 0415-1-5 REINFORCING STEEL, SUBSTRUCTURE LB 2770.08 0455-133-3 SHEET PILING STEEL-, F&I, PERMANENT SF 3283.76 0515-2311 PEDESTRIAN/BICYCLE RAILING, ALUMINUM ONLY, 42" TYPE 1 LF 366.00 0522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK SY 22.00 527-2 DETECTABLE WARNING SF 8.00 570-1-2 1PERFORMANCE TURF, SOD SY 1250.00 0580-1-2 LANDSCAPE COMPLETE - LARGE PLANTS LS 1.00 SHELTER SHELTER (Poligon SSG 8'X9' or equal) EA 1.00 70D-1-50 SINGLE SIGN POST, RELOCATE AS 6.00 DRAWINGS AS -BUILD DRAWINGS LS CONTINGENCY CONTINGENCY 10% % % TOTAL $ 70 of 110 CONTINUED EXHIBIT I SCOPE OF SERVICES ATTACHMENT C CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-16 "SCHEDULE OF VALUES" SUBMITTED THIS DAY OF PROPOSAL SUBMITTED BY: Company Name of Person Authorized to Submit Proposal Signature Title Telephone Number Fax Number Email Address END OF SECTION 20 71 of 110 EXHIBIT 2 Insurance & Indemnification Requirements CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-16 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY 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; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM 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 Hazard Coverage 72 of 110 (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 APPLICABLE: 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 A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which 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 73 of 110 damage', or "personal and advertising injury' and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy 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." 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 attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of 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 74 of 110 indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 75 of 110 EXHOBOT 3 CONSTRUCTION OF idEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020- i 6 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 I (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 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. in submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: 8/4/2020 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 Respondent's 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 76 of 110 at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors 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, 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: LUMP SUM BASE PRICE: $ 469,228 dollars and 72 Alternates: # 1 #2 cents 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. 5. The ENTIRE WORK for the project in accordance with Exhibit i, Scope of Services Attachment A, B & C must be completed, in full, within 180 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: Katiuska Hurles 14ZOU Nt 18 Avenue North Miami FL 33181 (305) 947-5226 rRn� ctA7_ zn-7 Contact Person Katiuska Hurles 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. 77 of 110 8. If a Respondents Cost B 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, 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. 9. By submitting this proposal, I, on behalf of the business that I represen4 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 17th DAY OF August 20 20 . PROPOSAL SUBMITTED BY: Unitec Inc. Company Katiuska Hurle N e of Person Authorized Subml foposal Sr tut President (305) 947-5226 Tel hone Number (3�5) 947-9307 Fax Number khurlesOu nitecus.com Email Address END OF SECTION 78 of 110 SCEHDULE OF VALUES CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK CITY OF SOUTH MIAMI Pay Item Description Unit Oty Unit -Cost Cost ($) ROADAAY PERMITS PERMIT FEES LS $ 1,000.00 $ 1,000.00 101-1 MOBILIZATION LS 1_00 $ 42,000.012 $ 42,000.00 102-1 MOT LS/DA 1/180 $ 60.00 $ 10,800.00 104-10-3 SEDIMENT BARRIER LF 1267.00 $ 2.00 $ 2.534.00 0104-11 FLOATING TURBIDITY BARRIER LF 870.00 $ 10.00 $ 8.700.00 0104-18 INLET PROTECTION SYSTEM EA 3.00 $ 350.00 $ 1,050.00 107-1 LITER REMOVAL AC 20.53 $ 21.50 $ 441.40 107-2 MOWING AC 16.10 $ 100.00 $ 1.610.00 UD-1-1 CLEARING AND GRUBBING AC 0.57 $ 18,000.00 $ 10,260.00 0120-6 EMBANKMENT CY 99700 $ 9.00 $ 8,973.00 120-71 REGULAR EXCAVATION CY 459.00 $ 9.00 $ 4.131.00 01604 TYPE B STABILIZATION SY 156coo $ 7.00 $ 10,948.00 0162-1.12 PREPARED SOIL LAYER, FINISH SOIL LAYER, 12"AVG. SY 1250.00 $ 4.00 $ 6,000.00 0285-701 OPTIONAL BASE, BASE GROUP 01 SY 1205.OD $ 10.0 $ 12,050.00 0334-1-11 SUPERPAVE ASPH CONC, TRAF A TN 92.33 $ 145.00 $ 13,387.85 0400-0-11 CONCRETE CLASS NS. GRAVITY WALL CY 13.50 $ 550.00 $ 7.425.00 D40D-4-5 CONCRETE CLASS IV, SUBSTRUCTURE Cy 20.52 $ 50.80 $ 1,042.42 0415.1-5 REINFORCING STEEL, SUBSTRUCTURE LB 2770.08 $ 13.75 $ 38,088.65 0455-133-3 SHEET PILING STEEL-, F&I, PERMANENT SF 328&76 $ 42.90 $ 140,873.30 0515-2311 PEDESTRIAN/BICYCLE RAILING, ALUMINUM ONLY, 42"TYPE1 LF 366.DO $ 77.00 $ 28,182.00 0522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK SY 22.00 $ 95.00 $ 2,090.00 527-2 DETECTABLE WARNING SF 8.00 $ 50.00 $ 400.00 570-1.2 PERFORMANCE TURF, SOD SY 1250.00 $ 3.50 $ 4,375.00 0580-1-2 LANDSCAPE COMPLETE - LARGE PLANTS LS LOD $40,810.00 $ 40,810.00 SHELTER SHELTER (PollggonSSG 8'X9'orequal) EA Lop $ 28,500.00 $ 28,500.00 700-1-50 SINGLE SIGN POST, RELOCATE AS 6.00 $ 150.00 $ 900.00 DRAWINGS AS -BUILD DRAWINGS IS $ 1,000.00 $ 1,000.00 CONTINGENCY CONTINGENCY 10% % % $ 42,657.16 $ 42,657.16 TOTAL $ 469,228.72 70 of 110 CONTINUED EXHIBIT I SCOPE OF SERVICES ATTACHMENT C CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-16 "SCHEDULE OF VALUES" SUBMITTED THIS 17th DAY OF August zo 20 . PROPOSAL SUBMITTED BY: Unitec Inc. Company -Katwiska Hurles N ie of Person Authorized S a P 6posal Si ure President (305) 947=5226 Telephone Number (305) 947-9307 Fax Number khurles@unitecus.com Email Address porno