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Res No 108-21-15728RESOLUTION NO.: 108-21-15728 A Resolution authorizing the City Manager to negotiate and enter into a contract with Kenco Sign & Awning LLC., for the installation of a new gateway entry monument sign to be placed at Dante Fascell Park. WHEREAS, the City Mayor and Commission desire to construct a new gateway entry monument sign at Dante Fascell Park; and WHEREAS, the new gateway entry monument sign has been budgeted in the Capital Improvement Program section of the City's budget; and WHEREAS, the City developed a design and prepared construction documents for the new gateway entry monument sign at Dante Fascell Park; and WHEREAS, quotes were solicited, and the City received a total of two (2) cost proposal in response to the solicitation; and WHEREAS, pursuant to a competitive selection process, it was determined that Kenco Sign & Awning LLC., is the most responsive and responsible bidder for this proposal.; and WHEREAS, the City desires to provide a contingency of $10,000 over the proposal amount to address for unknown factors that may arise during the work; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Kenco Sign & Awning LLC., for the installation of a new gateway entry monument sign to be placed at Dante Fascell Park for a total amount not to exceed $261,500 which includes a $10,000 contingency. WHEREAS, the expense for this project shall be charged to the Capital Improvement Program Parks & Recreation Fund account number 301-2000-572-6450 with a current balance of $460,012. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Manager is authorized to negotiate the price, terms and conditions and to execute a contract with Kenco Sign & Awning LLC., for the installation of a new gateway entry monument sign to be placed at Dante Fascell Park for a total amount not to exceed $261,500. The City Manager is authorized to expend up to $10,000 to address any condition that the contractor, using reasonable diligence, could not have foreseen when formulating its bid. A copy of the approved form of contract is attached. The expenditure shall be charged to the Capital Improvement Program Parks & Recreation Fund account number 301-2000-572-6450 with a current balance of $460,012. Page 1 of 2 Rescr No. 1 08-21 -1 5728 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 shall not affect the validity of the remaining portions of this resolution. Section 5: Effective Date: This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 7th day of September, 2021. ATTEST: APPROV q CITY CL K MAYOR READ AND APPROVED AS TO FORM, LANGUAGE, A ITY, AND EXECUTI H OF EY COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 2 of 2 Agenda ftem No:11. City Commission Agenda item Report Meeting Date: September 7, 2021 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a contract with Kenco Sign & Awning LLC., for the installation of a new gateway entry monument sign to be placed at Dante Fascell Park. 3/5 (Commissioner Liebman) Suggested Action: Attachments: FMe mo_Entry_Sign_at_DF_9-1-21.docx fReso_Entry_Sign_at_DF_9-1-21.docx RFP DANTE FASCELL ENTRY SIGN 8.3.21 Carev.pdf KENCO_SIGN_Bidding_Document.PDF SUN BIZ KENCO SIGN 8.31.21.pdf DEMAND STAR RFP PW2021-418.31.21.pdf Proposal Summary RFP PW2021-418.31.21.pdf DBR ALM 10000544308-0805 PW2021-41.pdf EMAIL Kenco Sign Bid Clarification 8.31.21.pdf SoutYO' hMiami 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 Kamali, City Manager DATE: September 7, 2021 SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a contract with Kenco Sign & Awning LLC., for the installation of a new gateway entry monument sign to be placed at Dante Fascell Park. BACKGROUND: The City desires to construct a new gateway entry monument sign at Dante Fascell Park. The City developed a design and prepared construction documents for the new gateway entry monument sign at Dante Fascell Park. The scope of work for construction will include but is not limited to tree relocation, tree root pruning, tree protection and tree installation; electrical work related to sign and landscape lighting, landscape installation; irrigation work including an irrigation pump station; structural work including reinforced concrete footing, foundation and wall; rough and fine grading; and fabrication and installation of an architectural sculptural sign including City logo and letters. A solicitation for construction bids was advertised the first week of August 2021. The City received two (2) proposals in response to the solicitation. It is confirmed that Kenco Sign & Awning LLC., is the most responsive and responsible bidder for this proposal. Below are the two proposals received: Contractor Bid Price Kenco Sign & Awning LLC. $251,500.00 Waypoint Contract. $306,320.00 A contingency amount of $10,000 will be included over the proposal amount of $251,500 to address for unknown factors that may arise during the work. AMOUNT: Amount not to exceed $261,500 which includes $10,000 for contingency. FUND & ACCOUNT: The expenditure shall be charged $261,500 to the Capital Improvement Program Parks & Recreation Fund account number 301-2000-572-6450 with a current balance of $460,012. ATTACHMENTS: Resolution RFP #PW2021-41 Kenco Sign & Awning LLC., Proposal Kenco Sign & Awning LLC., Sun Biz Proposal Summary RFP #PW2021-41 Demand Star back-up RFP #PW2021-41 Daily Business Review Advertisement RFP #PW2021-41 Email from Kenco Sign & Awning dated 8/31/21 on the Bid Contract Amount 2 South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI DANTE FASCELL PARK GATEWAY SIGN FABRICATION AND INSTALLATION PROJECT RFP #PW2021-41 SUBMITTAL DUE DATE: August 31, 2021 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposal", "RFP" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PW2021-41, DANTE FASCELL PARK GATEWAY SIGN FABRICATION AND INSTALLATION PROJECT. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B & C) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the "Closing Date") on August 31, 2021 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. PRE -BID MEETING VIA VIDEO CONFERENCING: A Pre -bid meeting for this solicitation will occur at 10:00 A.M. local time on August 17, 2021. The Pre -bid meeting will be conducted by the Procurement Division through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, August 31, 2021. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Nkenga A. Payne, CMC, City Clerk of South Miami I of 125 5 DemandStar Registration and User Account Sign -in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. DemandStar is committed to helping all government agencies source qualified suppliers for COVID-19 emergency response. Governments If you are a government agency who needs Ebidding capability to receive supplier responses online, please fill out this form and we will get back to you immediately. Ebidding is offered at no charge to governments Suppliers If you are a business who can help respond to the many emergency response bids on the DemandStar network, please click here to create your account and get notified of bidding opportunities. r DEMANDSTAR If you do not have an account with DemandStar, click on "Create Your Account" otherwise, if you have an account, click on the "x" in the upper right-hand corner of this message and it will bring you to the following user sign in page. 2 of 125 SCOPE OF SERVICES and SCHEDULE OF VALUES DANTE FASCELL PARK GATEWAY SIGN FABRICATION AND INSTALLATION PROJECT RFP #PW2021-41 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I, ATTACHMENTS A. B & C. 3 of 125 SCHEDULE OF EVENTS DANTE FASCELL PARK GATEWAY SIGN FABRICATION AND INSTALLATION PROJECT RFP #PW2021-41 TENTATIVE SCHEDULE No Event Date* Time* (EST) I Advertisement/ Distribution of Solicitation & Cone of Silence begins 8/3/21 1:00 PM NON -MANDATORY PRE -BID MEETING VIA ZOOM VIDEO CONFERENCING 2 Members of the public may view the meeting via Zoom at https://zoom.us/.i/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. 8/ 17/2021 10:00 AM 3 Deadline to Submit Questions 8/20/2021 10:00 AM 4 Deadline to City Responses to Questions 8/25/2021 10:00 AM DEADLINE TO SUBMIT RFP RESPONSE: 5 The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https.//network.demandstar.com/ 8/31 /2021 10:00 AM E-BID OPENING VIA VIDEO CONFERENCING 6 VIA THE ZOOM PLATFORM at https://zoom.us/i/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. 8/31/2021 10:30 AM 7 Projected Announcement of selected Contractor/Cone of Silence ends 9/7/2021 7:00 PM END OF SECTION 4 of 125 INSTRUCTIONS for RESPONDENT DANTE FASCELL PARK GATEWAY SIGN FABRICATION AND INSTALLATION PROJECT RFP #PW2021-41 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT". I . Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm's Proposal; and d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter will apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10:00 AM August 20, 2021 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick(&-southmiamifl.gov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City's website. 10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Section 8A-7, of the City's Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision -making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. 6 of 125 10 g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub- consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub- contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/E-bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent's risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten (10) calendar days of the request. The City will not be responsible for the return of samples. 7 of 125 11 e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal will be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for this Project. 20. Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in responds to this solicitation does so with the understanding and agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of 8 of 125 12 South Miami and its officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent's contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance 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. 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 28.6. 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. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 30. Pre -proposal Conference Site Visits: If a Mandatory Pre -proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre -proposal conference. 9 of 125 13 No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E- bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to reject all E-bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent's E-Bid Form, if any, and a Respondent's Cost and Technical Proposal if it is included with this Solicitation Package. 33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E- bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). An E-bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. E-bid Protest Procedure. See attached EXHIBIT 9. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as N/A. 38. Availability of Contract - Any Governmental or quasi -governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi -governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful E-bidder(s)/proposer(s). 39. Non -Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 10 of 125 14 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent must cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions will govern the interpretation of this RFP: "Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Best and Final Offers". On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re -score the Respondents submittals and, will continue the re -scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re -advertised. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager. I I of 125 15 47. Force majeure. 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. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2AI1 rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 12 of 125 16 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B Dante Fascell Park Gateway Sign Fabrication and Installation Project RFP #PW202-41 "SCHEDULE VALUES" Prepared by: Stantec WHEN SUBMITTING THE BID PACKAGE, RESPONDENTS ARE TO PROVIDE A LUMP SUM PRICE PER THE "SCHEDULE OF VALUES" LOCATED IN EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT B. FAILURE TO SUBMIT THE SCHEDULE OF VALUES WILL RENDER A RESPONDENTS PROPOSAL NON -RESPONSIVE. 41 of 125 Item QTY Unit Description Unit Price Total Extended No. General: Provide all permitting fees, insurance I I Lump Sum and bonds Mobilization: Provide work required to mobilize equipment and personnel to begin work at project 2 I Lump Sum site. This line item also includes demobilization of equipment and personnel at completion of job. Demolition: Furnish all, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the project in full and 3 I Lump Sum complete accordance with the shown, noted, described and reasonably intended requirements of the plans. Restoration: Furnish and provide a restored site including but not limited to repairing any 4 I Lump Sum intentional or incidental damaged or impacts to existing sidewalks, concrete, asphalt, curbing, utilities, grass and plant material Tree Relocation: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for complete 5 I Lump Sum noted, shown, described and reasonably intended tree relocation; including but not limited to root pruning, hand watering and pressure treated wood bracing. Tree protection: Furnish and provide tree protection in accordance with plans, including but 6 I Lump Sum not limited to root pruning, chain link fencing, bracing and hand watering. Clearing and grubbing: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for 7 I Lump Sum complete noted, shown, described and reasonably intended for a cleared and grubbed site. Provide all work required to clear site of existing sod, remove trees noted on plans and disposal of all material. 42 of 12S Fill: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for complete 8 I Lump Sum noted, shown, described and reasonably intended fill. Work shall include the necessary grading to achieve the desired site grading. Fill shall meet requirements noted on the drawings Excavation: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for complete noted, shown, described and reasonably intended 9 I Lump Sum site excavation.Work shall include the movement of material onsite to achieve the desired site grading. Work shall also include all costs to haul, and dispose of all deleterious excavated material not suitable for use onsite. Grading: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for complete 10 I Lump Sum noted, shown, described and reasonably intended site grading. This work shall include surveying, staking and any activity and equipment necessary to deliver a completely graded site Sign Support Wall & Foundation: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for complete noted, shown, described I I I Lump Sum and reasonably intended sign foundation and wall with Oolight veneer, including but not limited to survey, excavation, subgrade preparation and compaction, reinforcement, concrete structure including reveal, positive drainage and veneer. Signage Design: Furnish and provide detailed 12 I Lump Sum shop drawings for sign and sign components including but not limited to all lettering, bird piece, "O" ring, aluminum cap and all attachments 43 of 125 Signage: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for complete noted, shown, described and reasonably intended sign, including but not limited to all lettering, bird piece, "O" ring, aluminum cap and all attachments. The sign, sign components and sign attachments, as depicted on A-1. A-2 and A-3 of the construction drawings, shall be fabricated by one of the companies listed below. This shall include the City logo including the orange ring and bird pieceand the "support"post and "top cap" as well the text/letters "South Miami" and "The City of Pleasant Living" As a part of this bid submission, the sign fabricator/sub-contractor submitting this bid is to provide photographic examples of five (5) projects fabricated by their firm in the last 5 years that are 13 1 Lump Sum manufactured in the same manner as called for in these drawings, (sculpturally engineered and fabricated channel letters and sculptural logo elements with all sign faces, front, back, top and bottomof 1/8 marine grade aluminum, welded and finished to a high automotive grade finish or standard). Also provide the name, address phone number and e-mail address of the architect, designer, owner, client of each example shown should be provided with current contact info for each. Failure to provide the above information to the City as part of the bid submission may be grounds of rejection of the bid. The workmanship, installation, paints and finishes of the Dante Fascell Park Gateway Sign shall be guaranteed for a minimum of seven (7) years with refinishing, replacement or repairs by the fabricator/contractor at no cost to the city. Failure to provide the above information to the city as part of the bid submission may be grounds of rejection of the bid. 44 of 125 Electrical: Furnish and install materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for A fully functional electrical system noted, shown, 14 I Lump Sum described and reasonably intended in the drawings, including but not limited to foundations, pedestals, light fixture and junction box embeds and attachments and irrigation pump system Irrigation System: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for I5 Lump Sum complete noted, shown, described and reasonably intended fully functioning full coverage automated irrigation system, including but not limited to Hoover centrifugal pumping system Fence Removal & Relocation: Furnish and install all materials, equipment, machinery, tools, 16 Lump Sum apparatus, means of transportation and labor necessary for complete noted, shown, described and reasonably intended fence system Landscape: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for complete 17 Lump Sum noted, shown, described and reasonably intended landscape: including but not limited to fine grading, soil backfill, excavation, hand watering, mulch and pressure treated wood bracing. Project Close Out: Provide and perform all close out procedures required in the City's General Conditions. Also provide all maintenance 18 ( Lump Sum material, including tools, spare parts, extra materials, and similar items, and deliver to location designated by the City. Provide all test reports and records as well as all warranties and product manuals. 45 of 125 Mitigation Trees: To be used for tree mitigation 19 1 Allotment should it be required by DERM. If tree mitigation $2.500.00 $2,500.00 allotment is not used or required, the funds shall be returned to the City. Contingency: To be used for unforeseen 20 1 Lump Sum conditions and at the disposal and discretion of the $25.000.00 $25.000.00 City. Any unused funds shall be returned to the City. Bid Total $ SUBMITTED THIS PROPOSAL SUBMITTED BY: Company Name of Person Authorized to Submit Proposal Signature Title DAY OF 20 Telephone Number Fax Number Email Address END OF SECTION 46 of 125 EXHIBIT I SCOPE OF SERVICES ATTACHMENT C Dante Fascell Park Gateway Sign Fabrication and Installation Project RFP #PW2021-41 "Construction Drawings, Plans and Specifications" Includes: "Site Map Location/Boundary Survey." Prepared by: STANTEC 47 of 125 CITY OF SOUTH MIAMI CAPITAL IMPROVEMENTS PROGRAM INDEX OF SHEETS SHEET NO. SHEET DESCRIPTION C-01) COVER SHEET C-01- C-02 SITE PLAN S-1 SIGNAGE WALL NOTES AND PLAN S-2 SIGNAGE WALL DETAILS E400 GENERAL NOTES & LEGEND E-101 ELECTRICAL SITE PLAN E-102 SINGLE LINE DIAGRAM E-103 ELECTRICAL DETAILS L moll DRAWING SUBMITTAL LOG 8 SHEET INDEX L-0002 - LM LANDSCAPE GENERAL NOTES LD-101 LANDSCAPE DISPOSITION PLAN LS-101 SITE PLAN LS-mi SITE DETAILS LP-101 PLANTING PLAN LPW - LP-502 LANDSCAPE DETAILS LP-601 PLANTING SCHEDULE LL-101 LANDSCAPE ACCENT LIGHTING PLAN IR-101 IRRIGATION PLAN IRMI IRRIGATION NOTES & DETAILS IR•502 - IRS03 IRRIGATION DETAILS SU-1 TOPOGRAPHIC SURVEY FOR REFERENCE ONLY (DRAWINGS BY OTHERS) A-1 MAIN SIGN ELEVATION A-2 - A-3 MAIN SIGN ELEVATION - DETAILS THE SCALE OF THESE DRAWINGS MAY HAVE CHANGED DUE TO REPRODUCTION Iv crr•�uc4rrw .r�.oarn •rpu�ass rti of ra+r.no-r 00 KPKorr4 asLQ mr�e+o rmuory ro�br �rpenNbsaW[..►altlnb� rh Oco�P'"+aanngr w�/.W+p vrN ra+4d {b�+ec rvrodcro- nwbawrrWt+arow rm Mol rurPArrh {brK .OHr�r• � •� T........APPFOA g........ GATEWAY ENTRY SIGN DANTE FASCELL PARK SOUTH MIAMI, FLORIDA z)-Ea ntec 901 Paste do -.can bard Suite 9m CorolGutAst. Fkvdo 33134 Tat 305-445-2900 Fox.30544S.3344 www.stonlec can 48 o1125 DEVELOPED FOR: CITY COMMISSION: MAYOR: SALLY PHILIPS COMMISSIONER: LUIS GIL COMMISSIONER: JOSH LIEBMAN COMMISSIONER: BRIAN COREY COMMISSIONER: WALTER HARRIS PROJECT No. 215616132 JULY 2021 100% SUBMITTAL urrrrovtO GV CARLOS AI. HERM'M. P E REGIST:RED LNGINCER N0, 47650 SIATF OF FLORd A i a a ! g$�• e , d tier ZAP. y�7 :'•;h'::' ja ll li e a a I� it 'All ' f��'daa��pfj3a �AllIHa ' F - �g . m • 6� e ' 2 :? __ ., •.w•r r,aM of � • _--_ N•w er �.o. � �~ .12 _. 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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/sub-consultant, 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 Sub-contractor/sub-consultant 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 Sub-contractor/sub-consultants 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; 83 of 125 - 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: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • 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: • Owned Vehicles. • Hired and Non -Owned Vehicles • 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 Sub-contractor/sub-consultant 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 Sub- contractor/sub-consultants 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. 84 of 125 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 FIRM's 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 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 85 of 125 issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorneys fees, paralegal fees and Investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractorlsub-contractor/sub-consultant 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/sub-consultant 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/sub-contractor/sub-consultant 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/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 86 of 125 EXHIBIT 3 Dante Fascell Park Gateway Sign Fabrication and Installation Project RFP #PW202141 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Karnali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter Into a Contract with the City of South Miami In the form included In this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachment A, B 8 Q for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terns 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) � q4h X21 Addendum No. t f-2- Dated:9c.i1 , 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: 1. 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 Contras Documents. The Respondent hereby acknowledges that no additional examination% 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 b1d, or proposal price, has taken 1pto 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. HI. 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. 87 of 12S Iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work No additional examinations, Investigations, explorations, tests, reports or similar Information or data In respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and In accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required In subsection II above, d. Respondent has given the City written notice of all conflicts, errors 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 Valdes, 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 allows: LUMP SUM BASE PRICE 1 DO— dollars and 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 project th accordance with Exhibit 1, Scope of Services, Attachment A. B & C shall be completed. In full. within I SO calendar daMfrom 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: ,kOvSH q+�if(/I1J?I¢ �GG Address: " Y Telephone: 38"7.2 �ft f 9s �f-!i10a36 Facsimile: Contact Person P&WMosjeAh .�iYe- .,So4tY 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. 88 of 125 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation. are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 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 penury 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 j� DAY OF &p-4. 20_XL. ROPOSALJUBMITTEDt� BY: GNGt2 .. -A 4 dF�v�tna Z, mA &i Name s/ Signs re Title , ,7-7 Telephone Number 3�/ --Y—" 77 •2-960 Fax Number / ��lQowll`nm Email Address END OF SECTION 119 of 125 item No. QTV Unit Description UnitPrice Total Extended I I� Lump Sum General: Provide all permitting fees, insurance and bonds � �( /00o,00 !(��ar� i Mobilization: Provide work required to mobilize 2 1 Lump Sum equipment and personnel to begin work at project site. This line item also includes demobilization of �iG,00��• D 6 equipment and personnel at completion of job. 1 Demolition: Furnish all, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the project In full and �, �yy� 2,3✓ 100 3 I I Lump Sum ,�� complete accordance with the shown, noted, described and reasonably intended requirements of the plans. Restoration: Furnish and provide a restored site Including but not limited to repairing any 4 1 Lump Sum intentional or incidental damaged or impacts to existing sidewalks, concrete, asphalt, curbing, utilities, grass and plant material Tree Relocation: Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for complete / �" (�►�� Q �� 7 ��f� S 1 Lump Sum noted, shown, described and reasonably intended / tree relocation: including but not limited to root pruning, hand watering and pressure treated wood i bracing. Tree protection: Furnish and provide tree In Including but j�� /O � Jfa�, Q�j 6 I Lump Sum protection accordance with plans, � not limited to root pruning, chain link fencing, .1 bracing and hand watering. Clearing and grabbing: Furnish and install all mauls, equipment, machinery, tools, apparatus, means of transportation and labor necessary for �00 7 1 Lump Sum complete noted, shown, described and reasonably ` i intended for a cleared and grubbed site. Provide all work required to clear site of existing sod, remove trees noted on plans and disposal of all material. 42 of 125 Filh Furnish and Install all materials, equipment. machinery. tools, apparatus, means of labor 7; L transportation and necessary for complete 8 I i Lump Sum noted, shown, described and reasonably intended i fill. Work shall Include the necessary grading to i achieve the desired site grading. Fill shall meet !+ I requirements noted on the drawings Excavation: Furnish and install all materials, equipment; machinery, tools, apparatus, means of transportation and labor necessary for complete noted, shown, described and reasonably intended 9 1 Lump Sum site exravation.Work shall Include the movement + of material onsite to achieve the desired site grading. Work shall also Include all costs to haul, 1j and dispose of all deleterious excavated material not suitable for use onske. Gradlnjr. Furnish and install all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary for complete 10 1 Lump Sum noted, shown, described and reasonably intended site grading. This work shall include surveying, staking and any activity and equipment necessary to deliver a completely graded site Sign Support Wall dr Foundation: Furnish and install all materials, equipment, machinery, tools., oU apparatus, means of transportation and labor necessary for complete noted, shown, described I I 1 Lump Sum and reasonably intended sign foundation and wall with Oolight veneer, including but not limited to survey, excavation, subgrade preparation and i compaction, reinforcement, concrete structure I Including reveal, positive drainage and veneer. 12 i I 1 Lump Sum Signage Design: Furnish and provide detailed shop drawings for sign and sign components Including but not limited to all lettering, bird piece, i "O' ring. aluminum cap and all attachments 43 of 125 I Slgnage: Furnish and Install all materials, equipment, machinery, tools, apparatus. means of �Q e, J� transportation and labor necessary for complete 01..7 noted, shown, described and reasonably intended sign, Including but not limited to all lettering, bird piece, "O" rin& aluminum cap and all attachments. The sign, sign components and sign attachments, as depicted on A-1, A-2 and A-3 of the construction drawings, shall be fabricated by one of the companies listed below. This shall Include the City logo including the orange ring and bird pleceand the "support"post and "top cap* as well the textlletten "South Miamr and "The City of Pleasant Living" As a part of this bid submission, the sign fabricator/sub-contractor submitting this bid is to provide photographic examples of five (S) projects fabricated by their firm in the last S years that are 13 1 Lump Sum nunufactured in the same manner as called for in these drawings, (sculpturally engineered and fabricated channel letters and sculptural logo elements with all sign faces, front, back, top and bottomof 1/8 marine grade aluminum, welded and finished to a high automotive grade finish or standard). Also provide the name, address phone number and e-mail address of the architect, designer, owner, client of each example shown should be provided with current contact Info for each. Failure to provide the above information to the City as part of the bid submission may be grounds of rejection of the bid. The workmanship, Installation, paints and finishes of the Dante Fascell Park Gateway Sign shall be guaranteed for a minimum of seven (7) years with refinishing, replacement or repairs by the fabricator/contractor at no cost to the city. Failure to provide the above information to the city as part of the bid submission may be grounds of rejection of the bid. 44 of 12S Electrical: Furnish and Install materials, equipment machinery, tools, apparatus, means of transportation and labor necessary for A fully 14 I Lump Sum functional electrical system noted, shown, de>cribed and reasonably intended in the drawings, including but not limited to foundations, pedestals, I light fixture and junction box embeds and attachments and irrigation pump system 1 i Irrigation System: Furnish and Install all m&rials. equipment, machinery, tools, apparatus, means of transportation and labor necessary for Is Lump Sum complete noted, shown, descried and reasonably Intended fully functioning full coverage automated Irrigation system, Including but not limited to Hoover centrifugal pumping system Pence Removal & Relocadon: Furnish and Install all materials, equipment, machinery, tools, 16 Lump Sum apparatus, means of transportation and labor necessary for complete noted, shown. described and reasonably intended fence system Landscape: Furnish and Install all materials, OtS � equipment. machinery, tools, apparatus, means of transportation and labor necessary for complete 17 Lump Sum noted, shown, described and reasonably intended landscape, including but not limited to fine grading, soft baddill, excavation, hand watering, mulch and pressure treated wood bracing. Project Close Out Provide and perform all dose out procedures required in the City's �t�CD cJ General Conditions. Also provide all maintenance 18 1 Lump Sum material' including tools, spy Pam, extra materials, and similar items, and deliver to location designated by the City. Provide all test reports and records as well as all warranties and product ' manuals. 45 of 125 Mitigation Treex To be used for tree mitigation 19 I ( Allotment should It be required by DERM. If tree mitigation $2,500.00 ;2,500.00 allotment is not used or required the funds shall be returned to the City. E Contingency: To be used for unforeseen 20 1 Lump Sum conditions and at the disposal and discretion of the $2S,000 00 ;2S,000.00 City. Any unused funds shall be returned to the I City. I� Bid Total 60 $ 9-��Z { SUBMITTED THIS DAY OF 44 g q-6- ' 20 2 � XP OPbSAL SUBMITT Y: p ?GO sigh ay j Wl�l �Lc 30 %la7.2 — �596 mp4ny ® Telephone Number a i7woo !(/abob 3�k-1,P77--o?qb I Fax Number v M;�Z� L o�rrfaers,�/�FrVOY cow SiAna re Emai Address Dkmelr Tide 1 END OF SECTION 46 of 125 EXHIBIT 4 CONSTRUCTION CONTRACT Dante Fascell Park Gateway Sign Fabrication and Installation Project RFP#PW2021.41 by THIS CQNTRACT'vj rpade and enttrcd Into on this day of�e/l%L�s/1Q� .202� and between C f G rn Is - A t an i rat, 1 C hereafter referred to as "Contractor"), and the City of South MhIml (hereafter referred 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 hems 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 arty 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 Contraq subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful monev of the United States, the Lump Sum amount of. Two Hundred Fihv One Thousand Five Huntlretl _ _Doll= ($251,500.00) tss+oarawnrwu ("Co�itract Price'). S. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be included in the Concoct 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 mom 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 amount of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. S. The Work must be completed in I SO 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 S LOOM dollars per day. 9. It is further mutually agreed between the parties hereto that ga Payment and/or Performance Bond ("Bond') Is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City deems the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, Contractor mum at its expense within five (S) business days after the recelpt of notice from the City so to do, furnish m additional bond or bonds in such form and amount and with "of in 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. I I.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 dace. 12AII provisions, conditions and restrictions contained in the bid document entitled Instructions to Respondents are made a part of this agreement by reference. Any conflict between that document and this contract or the exhibits to this contract are to be resolved by the City Manager In the managers sole and absolute discretion. IN WITNESS WHEREOF, the parties harem have executed this Contract on the day and date sec 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: S/ M1— I i �+C Signature /" Print Signato" ! y�ett: TQyrNNd Y,I, Title of signatory: (ll wlr ATTESTED OWNER: OF SOU 71AMI Signature: Signature. Nken Payne Shari Karnali City Clerk City Manager Read and Approved as to Form, Language, Legality. and Execution Thereof. Signature• City Attorney 91d@5 EXHIBIT S CONSTRUCTION CONTRACT GENERAL CONDITIONS Dante Fascell Park Gateway Sign Fabrication and Installation Project RFP #PW2021-41 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, is/are 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: Addendw 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. M The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder. Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work 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. age 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 QZ The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami. FL 33143, or manager's designee, unless the context wherein the word Is used should more appropriately mean the City of South Miami. QU Man&= 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 Contact 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. Q= A period of twentydour hours measured from the beginning of the day at 12.01 am. and it will be presumed to be a calendar day unless specifically designated as a business day. JYa: The number of twenty-four (24) hour periods following the event to which the word "days" refers commenting at 12:01 am. at the start of the next day. Therefore. In computing any period of time prescribed or 92 of 125 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. Defecthrd 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. Held 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 101. 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 unsadafaetory, 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. The entire construction operation being performed as delineated in the Contract Documents. Pollee: The term "policy" as used in the Contract Documents means the Insurance binder, if It Is issued, the declaration page of the policy and the body of the policy, including all endorsements. BE": Request for Proposal. Scone 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 One is used clearly means otherwise. Shop Drawin= 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. S=Ies:, Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontr =r. 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 Com lion: 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 ('imitation to any degrft other than for the repair of minor "punch Iise' Items; or if there be no such certification, the date when firAl 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. 93 of 125 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 AumZ 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 seared 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. Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole dlseredon. 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 Bld, 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 s€gnature of a parry 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 SecudWPerformance and P =ent 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 2.3.4.2.35. 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 2SS.OS(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. 23 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 (S) years. 94 of 125 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 Reeresentation: 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 Tlme commences to run. except with the written consent of the City Manager. Before Startfng Construcdon: 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 Suoo,� ilers: 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 95 of 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—CORRi±LATION. 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 Ardcle I. 32 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 33 The words "furnish" and "furnish and Install", "install", and "provide' or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean "furnish and install complete In place and ready for service". 3A Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the Indicated functions, must be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULTANT before Installation. The above requirement is not intended to include major components not covered by or Inferable from the Drawings and Specifications. 3S 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 wip 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 Manufacturers 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, wiill be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULTANT, as the material or product so specified. Proposed equivalent 96 of 125 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 i) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE COF401TIONS REFERENCE POINTS Avaliability 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 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,Ske 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: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those Indicated In the Contract Documents, and 97 of I2S 4.41 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for In this Contract. The City 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. 45 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 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 Supervisors) 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, sultabiy 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 6S 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. Egulmt = Produce and Substitutions: 6.6 Materials, equipment and products Incorporated In the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal equipment wilt 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 98 of 125 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. 6.61 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 tale 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 uinstalled within five (S) 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. 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 Subcomractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. "of 12S 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. 6.122 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 Royce 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 attorneys 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: 6.1 S CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and Inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated In the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and 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 fighting lines without specific approval of CONTRACTOR Laws and R=Iadons: 6.17 CONTRACTOR must comply with 0 notices, laws, ordinances, rules and regulations applicable to the Work If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, It must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. if CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, Including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. 100 of 125 Taxes: 6.1 B 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 andProtection: 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. 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 entides 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, sic (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, an samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified dearly 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. 6.2S CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is only for conformance with the design concept of the Project and for compliance with the Information given In the Contract Documents. The review of a separate item as such will not indicate review of the assembly In which the items functions. CONTRACTOR must make any corrections required by CONSULTANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re -submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers 101 of 125 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 dosed, 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. lndemnifkatlon: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The Indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege that the Injuries arose out of the sole negligence of OWNER or CONSULTANT. 102 of 125 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 as 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 aq Insurance coverage required by Section S.I 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 Respmsibifity for Connection to Existing Work 6.3S 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-cf- ways of streets, highways. public carrier lines, utility Ones, 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 Cooper ilon 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" j 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 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 possrixle time. 6.371 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 Prerfiises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the (frnits Indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 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. 103 of 125 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 1 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 furnlsh, 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. Protectidn of Existing P=2M 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. 71 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 ring 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. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR's cost 104 of 12S I 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an Item(s) or service(:) 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 I ARTic E 8 — cans RESPONSE muTIES. 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. 8S 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 explred; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. CCW Reoms� entative• 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 miners 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 ail 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 Ouanttties: 9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. Ali linear surface measurements will be made horizontally or vertically as required by the item measured. Rejig Defective Work: 9.S 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. 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 IOS o(12S 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 Qr;iYMg. 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 CONSULTANTS responsibility for Change Orders see Articles 10. 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disageements: 9.10 CONSULTANT" be the initial interpreter of the Construction Documents. Limitatio s on Consultanes Rq=ns 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 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 CONSULTANTs Field Order would entities CONTRACTOR to an Increase In the Contract Price or extension of Contract Tine, 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.S It is CONTRACTOR'S responsibik to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract rime and the amount of the applicable bonds will be idjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE 11 — CHANGE OF CONTRACT PRICE. i 106 of 125 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 I€mited to changes to or in: 11.Z I Specifications (including drawings and designs); 11.22 Method or manner of performance of the Work 11.2.3 OWNER -furnished facilities, equipment, materials, services, or site; or '11.2.4 Acceleration In the performance of the Work 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work Is specifically and expressly provided for In a written Change Order, or as otherwise provided in another section of the Contract Documents. I I A 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 accord*m*. I I S If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable idjustment 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 I L& 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. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with 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 1n 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 i 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 cosh must be limited i 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 1 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 Item 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 rash discounts will accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus 107 of 12S 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 hum and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined In accordance this section 11.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all In accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 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. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes In the Work not to exceed two percent (2%) of the increase in the Cost of the Work 11.9 The term "Cost of the Work" does NOT include any of the following; 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph I I.S. 11.91 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR`S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9S 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 wrongfy supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 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 faced percentage (not to exceed 15%). 11.1 1 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. ARTICLE 12 - TIME FOR COMPLETION. LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. III Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract Therefore, the Work must be commenced on the date specified In the Notice to Proceed and completed within the time specified for completion of the work. 108 of 125 112 CONTRACTOR must proceed with the Work at such rue of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing In the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided In section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified In the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project Liquidated damages are hereby fixed and agreed upon between the parties, recognising 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. 12.31 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TiME will be based on written notice delivered to the City Manager and CONSULTANT within five (S) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be Incorporated in a written Change Order. 12 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 Florlda 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 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 109 of 125 that is issued hat 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. 13A 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 (S) business days by CONTRACTOR at his own expense and redetivered 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 13.6 If equipment is being provided, the standard manufacturer's warranty information must be delivered to OWNER for all equipment being proposed and, If required by the warranty, such equipment must be Installed by an authorized instailer before final payment is made. If the manufacturers warranty is issued to the respondent/contractor, RespondendContractor must assign it to the City. 1 ARTICLE 14. PAYMENTS AND COMPLETION. Paymerht# 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 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 II,r_Mpi. 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 S days after the list of Items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch Ifst 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. 25S.07, Fla. Stat] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 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 clear of all Qens. 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 Bgmmt 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. 14S CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been Incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request other than amounts that are In dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with I I 1 of 125 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 bgreement 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 i 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, 14.61 the Work for which payment is requested cannot be vertfied, 14.6.3 daims of Liens have been fled or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 114.6.4 the Contract Price has been reduced because of modifications, 14.6.5 OWNER has corrected 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 a -mail, or fax. which notifies CONTRACTOR that the funds have been transferred In to the account linked to the card for the amount listed on the Invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions. Accep=e of Final Pgarrnent as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER $rid a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and lmresolved. 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, ii2of12s 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. 14.12.4 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 Cerdficadon'l 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 1 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 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 1 or Article 12. r1aY 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 iCONTRACTOR 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 expellent. 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 knd CONTRACTOR will be the same as If the termination had been issued pursuant to Section I SS 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 113 of 125 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. I SAA OWNER reserves the right in the event CONTRACTOR cannot provide an items) or service(s) in a timely manner as requested to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract Remaml'of Foioment I S.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 fiable 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 Ma, &W 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 falls to act on any Application for Payment within thirty (30) calendar days after It is submitted, or OWNER falls to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation. then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contras will not be considered terminated. In lieu of terminating the Contract, If CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten (10) calendar days' notice to the City Manager and CONSULTANT stop the Work until it has been paid an amounts then due. indemnification of Indeoendent Consult= 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER. CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER. at CONSULTANTS request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de -certifies a payment application, decerdfies Substantial Completion, decerdfies 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 (imitation, the warranties, guarantees and obligations Imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, will be In addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error. omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such Injury or damage. 114 ol125 I ARTICiLE 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 1URISDICTION / VENUE r 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 - 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 (5) business day's written notice. 19.2 CONTRACTOR and ail of its subcontractors are required to comply with the public records law (s.l 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 8gency 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. 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. I IS of 125 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 !hereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARMCLE 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, 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 2 I — 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 Rot limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or ether Industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties win use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 448.095(2) 24.1 As a condition precedent to entering into this Agreement, and In compliance with Section 448.095, Ra. Stat, Contractor and Its subcontractors must register with and use the E-Verify system to verify work authorisation status of all employees hired after January I, 2021. i 24.1.1 Contractor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(I), Fla. Stat or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.� A A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.S Any contract termination under the provisions of this Section may be challenged no later than 20 j calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is Gable for any additional costs incurred by the City as a result of termination of any contract fora violation of this Section. 116 of 125 24.1.7 Subcontracts. Contractor or subcontractor must Insert In any subcontracts the times set forth In this Section, Including this Subsection, requiring the subconum rs to include these causes in any lower tie subconuaccs. Contractor Is responsibie for romPlunce by any subeantractor or lower t r subcontractor wish the dames sec forth In this Section and Contractors failure to enforce compliance Is a substantial and material breach of this Aip a nent. IN WITNESS WHEREOF, the parties hereto We executed the dtions to e<knowkdre their I ion as part of the Cmtract Dacuma me on this V day of 20 CONiRACTO • C Cd 34hOIJIAVVIM2,6Lt Si6muwre: /I Prim Sigatorys Thin of 518mato .�1/Ii1Bir AiTEMD. OWNM C OFC OF SOUTH I SlynatuM $iLktl.� A Payne Surf Kumg City Clark City and Approved as to Form, Lwgwre, Lgdk), and Eusallon Thereof; $Igrutu- ✓ t:Tt Amernq END OF SECTION Haw EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT Dante Fascell Park Gateway Sign Fabrication and Installation Project RFP #PW2021-41 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:, if any, and OWNER's Designated Representative's name, address, telephone number and facsimile number are as follows: Consultant: Stantec 901 Ponce de Leon Blvd Suite 900 Coral Gables, FL 33134 Ph: 30S/445-2900 Fax-30S/44S-3334 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 'X sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to the reproduction cost. D. The Scope of Services, also referred to as the Work In the contract documents, is as set forth In the RFP and In the attached EXHIBIT I, Attachments A, B & C to the RFP and if there Is a conflict the attached Exhibit will take precedence. E. Contractor must comply with the Insurance and indemnification requirements is set forth in the RFP and In the document set forth In the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in 150 calendar dem 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 FacilWes 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. I -I. 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 tke Supplementary Conditions to acknowledge their inclusion as part of the Contract on this C5 day of 2O-2L j CONTRACTOR: S wi /h aL"L Signature: Print Slgnatotys Name Title of Signatory: — 110 of 125 ATTESTED: OWNER CITY OF S40UTH MI MI i Sigmtum Signature: L Nkenga Payne Shari Kamali City Cle City Manager Read and Approved a to Form, Language, Legality, and Execution Thereof. 1 Siplatu 7 CRY Attortwy END OF SECTION 119 01125 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A DANTE FASCELL PARK GATEWAY SIGN FABRICATION AND INSTALLATION PROJECT RFP#PW202141 I. General Requirements: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the "Work"). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) 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. This includes but is not limited to keeping the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing 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, privacy screening 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 all of the Work. 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 member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, 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 required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. 38 of 125 The work associated with this project should be reflected in the Respondent's proposal and "Schedule of Values Form, "Scope of Services," Exhibit 1, Attachment B. All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachments A, B & C, 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, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park, public playground safety standards, rules and guidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday —See Section 7-IS and 7-16 of the City's Code of Ordinances. IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. 11. Site Location: See EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT C. I. SPECIFIC REQUIREMENTS: a. PROJECT DESCRIPTION The City is soliciting proposals from highly qualified firms for construction of a gateway monument sign in Dante Fascell Park. Work covered under this contract shall also include and is not limited to tree relocation, tree root pruning, tree protection and tree removal and installation; electrical work related to sign and landscape lighting, landscape installation; irrigation work including an irrigation pump station; structural work including reinforced concrete footing, foundation and wall; rough and fine grading; and fabrication and installation of an architectural sculptural sign including City logo and letters. b. DESIGN PLANS & SPECIFICATIONS: Please refer to Exhibit 1, Scope of Services, Attachment C. c. PRICING - LUMP SUM PRICING: Proposal pricing must be submitted in a "Lump Sum" by completing Exhibit 3 "Respondents Bid Form" and must include all cost associated with completing this project as outlined in the scope of services and associated design construction plans. It is the City's intention to award this project to a single Contractor. The lump sum price must be in accordance with Respondent's Schedule of Values See Exhibit 1, Scope of Services, Attachment B. RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES LISTED IN THE SOLICITATION, IF ANY. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. 39 of 125 d. SCHEDULE OF VALUES: RESPONDENTS ARE TO COMPLETE THE SCHEDULE OF VALUES FORM. SEE EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT B. WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES FORM," THE RESPONDENT MUST CARRY THE TREE MITIGATION ALLOTMENT, IF ANY, AS WELL AS ANY CONTINGENCY IN THEIR TOTAL BASE BID. 111. Construction Notes: Values utilized for the purpose of this RFP are approximate. Contractor is responsible to field verify the areas, and quantities as per the limits defined by the site plan. IV. Project Duration: The project duration and completion for this project is 150 calendar days from issuance of a Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. V. Warranty: RespondentlContractor must include the following with their proposal: Applicable warranty and/or guarantees of all material and labor, including: • any conditions; and • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • life expectancy of LED lighting under normal use; and • Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and • the term of the warranty. At a minimum, Respondent/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract See Exhibit 5. VI. Bonds: A PERFORMANCE AND PAYMENT BONDS ARE REQUIRED FOR THIS PROJECT. PLEASE REFER TO EXHIBITS 7 & 8. END OF SECTION 40 of 125 Kulick, Steven P From: Kulick, Steven P Sent: Tuesday, August 31, 2021 1:23 PM To: Raymond Webb Cc: Webster, John; Aurelio Carmenates; Riverol, Alfredo; Payne, Nkenga Subject: RE: Dante Fascell Park Gateway Sign Project Ray, Thank you for your prompt response. 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: skulick@southmiamifl.gov From: Raymond Webb <ledpartnersfl@gmail.com> Sent: Tuesday, August 31, 2021 1:21 PM To: Kulick, Steven P <SKulick@southmiamifl.gov> Cc: Webster, John <JWebster@southmiamifl.gov>; Aurelio Carmenates <ACarmenates@southmiamifl.gov>; Riverol, Alfredo <ARiveroI@southmiamifl.gov>; Payne, Nkenga <NPayne@southmiamifl.gov> Subject: Re: Dante Fascell Park Gateway Sign Project Good Afternoon Steve, This email is to confirm that our firm is bidding the lump Sum Bid Price of $251,500.00. If you have any questions or concerns, please let me know. We appreciate your business. Respectfully, I Ray Webb On Tue, Aug 31, 2021 at 11:50 AM Kulick, Steven P <SKulick@southmiamifl.sov> wrote: Re: RFP #PW2021-41 Good morning, The City is in receipt of your proposal for the referenced solicitation. A review of your proposal has found a discrepancy in your Lump Sum Bid Price between Exhibit 1, Attachment B. "Schedule of Values," and Exhibit 3 "Respondents Bid Form, copies attached. Exhibit 3, "Respondents Bid From" has a Lump Sum Bid Price of $230,000; Exhibit 1, Attachment B, "Schedule of Values" includes a Lump Sum Bid Price of $251,500. A check of the math on the Schedule of Values confirms the total as $251,500. The Bid Tabulation Sheet, copy attached, produced by the Demand Star E-Bid platform also has a Lump Sum Bid Price of $251,500. Please confirm by 4 PM today and by return email to my attention, it is the intention of your firm to bid a Lump Sum Bid Price of $251,500. Note: The Cone of Silence is in effect. All communications regarding this solicitation must be in writing. 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: skulick@southmiamifl.00v C o»nlw.ur� /1[LfIM1.V N"t �1Mp A[INIMWNI (NVI' ANMN Sincerely, The LED Partners Team 386-672-1590 Office 386-677-2910 Fax 386-527-6506 Cell 3 8/3l/2021 Detail by Entity Name rg ^�_r^"_.""�.�^r._��.�„� r//I .Iii1I II;. III//:/ /!r I �ri/:!�!: •. �/1.1 f; J' f( DeRartrnent of State / Division of CcarpAratist_ / Searcli Becords / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company KENCO SIGN AND AWNING LLC ing Information Document Number L12000036255 FEI/EIN Number 45-5041877 Date Filed 03/13/2012 State FL Status ACTIVE Principal Address 1539 GARDEN AVE. HOLLY HILL, FL 32117 Mailing Address 1539 GARDEN AVE. HOLLY HILL, FL 32117 ELegistered gent Name & Address WEBB, RAYMOND K 1539 GARDEN AVE. HOLLY HILL, FL 32117 Authorized Person(j) Detail Name & Address Title MGR WEBB, RAYMOND 1539 GARDEN AVE. HOLLY HILL, FL 32117 Annual Resorts Report Year Filed Date 2019 04/30/2019 2020 05/05/2020 2021 04/30/2021 0413M021 —ANNUAL REPORT View image In PPF fcrnaat Qa105.QQ20 -- ANNUAL REPORT View image in PDF format search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=Ent tyNameBdirectionType=lnitial&searchNameOrder=KENCOSIGNAW 204 I/L 813112021 Detail by Entity Name t1012019 —.ANNUAL_ REPORT View Image in PDF format 011712018-- ANNUAL. REPORT View image in PDF format I LII;i11C12017 — ANNUAL. REPORT View image in PDF format I MM112016•— ANNUAL. REPORT View image in PDF format I M4123=15 —ANNUAL REPORT View Image in PDF format �3j91201A — ANNUAL. REPORT View image in PDF format fiAMM013 ANNUAL. REPORT View image in PDF format ilE M31201 Florida Limitedllabi{ity. View image in PDF format 1 205 searchsmbiz.org/inquirylCorporationSearchlSearchResultDetail?inquirytype=EntityNameBdirecUanType=lnibal&searchNameOrder-KENCOSIGNAW_.. ue- 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L12000036255 Entity Name: KENCO SIGN AND AWNING LLC Current Principal Place of Business: 1539 GARDEN AVE. HOLLY HILL, FL 32117 Current Mailing Address: 1539 GARDEN AVE. HOLLY HILL, FL 32117 FEI Number. 45-5041877 Name and Address of Current Registered Agent: WEBB, RAYMOND K 1539 GARDEN AVE. HOLLY HILL, FL 32117 US FILED Apr 30, 2021 Secretary of State 3180317683CC 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 Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail Title MGR Name WEBB, RAYMOND Address 1539 GARDEN AVE. City -State -Zip: HOLLY HILL FL 32117 i hereby certify that the information indicated an this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath, that 1 am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: RAYMOND K WEBB PRESIDENT 04/30/2021 Electronic Signature of Signing Authorized Person(s) Detail Date 206 Member Name CITY OF SOUTH MIAMI Bid Number RFP PW2021-41 Bid Name DANTE FASCELL PARK GATEWAY SIGN PROJECT 3 Document(s) found for this bid 20 Planholder(s) found 1025 NOTIFIED SupplierName Addressl City State PostalCode DeclaredAttributes Allied Signa a Corp169 Megill Road Farmingdale NJ 07727 Campus Construction Group Inc 7925 NW 12th Street Miami FL 33126 Hispanic Owned, Small Business D&S Steel inc 19450 SW 5th place Dunnellon FL 34431 Dodge Data 4300 Beltway Place, Ste 150 Arlington TX 76018 Don Bell Signs 365 OAK PL PORT ORAlN FL 32127 Doral Digital Reprographics 5701 NW 79 Ave. Doral FL 133166 Hispanic Owned, Small Business Down to Earth, Inc. 2701 MAITLAND CENTER PARKWAY Maitland FL 32751 EIGHTY EIGHT PRINTS LLC 290 NE 71ST STREET Miami FL 33138 African American Owned, Small Business Expose Yourself 5967 NW 31st Ave Fort Lauder FL 133309-2207 Small Business Faulkner Inc of Miami 7275 W 20th Ave Hialeah FL 33014 Gecko Group 120 Madeira Avenue Coral Gable FL 33134 Gemstone Builders LLC 4907 N. University Dr. Lauderhill FL 33351 Kenco Sign and Awning LLC 1539 Garden Ave Holly Hill FL 32117 Small Business M.C. Harry & Associates, Inc. 2780 SW Douglas Road Miami FL 33133 Na sac Corporation 782 NW 42 AVE STE 635 Miami FL 133126 Pontifex Construction Group Inc. 8720 SW 83rd Street Miami FL 33173 RED CIVIL LLC 10720 Miami FL 33165 Sesco Lighting, Inc. 222 W Maitland Boulevard Maitland FL 32751 TechGrou One, Inc 304 Indian Trace Weston FL 33326 Nay oint Contracting Inc. 1PO BOX 558482 Miami FL 33255 Hispanic Owned, Small Business, Woman 207 CIO X Lo va C X z v x a c z c a W) 0) x x a d cc o m x x W � Q tic Q M X X J Q uUA z = � r , x x � O O cu �, m z c o z .� i X X C z Uo Q 7 o 0 cW C a � C ei W m 3 °' x x N e Cr c a W E C N a c u` 3a a W z �.+ a z o M x x V1 z Q F.. z O vl z 0� w X X Q z Jin z O X X W O z off z Q Q x x of O o� 3 .0 m cr J LL a H x x cn W a OWC O z m 0 x z t m Y x x W 10 a car p N 1A M a � � LM N M z Q N Vf (D z a m p " oC z Q a Y 3 ° z W ]L �,4r ALM Disco.I r. Connect. Compete. ALM Media, LLC PO Box 936174 Please Remit To: Atlanta, GA 31193-6174 CITY OF SOUTH MIAMI Attention To: NKENGA "NIKKI" PAYNE NKENGAA. PAYNE 6130 SUNSET DR SOUTH MIAMI, FL 33143 PLEASE RETMN THIS SECTION WITH PAYMENT Daily Business Review Miami Dade Invoice Date: 08105/2021 Customer#: 9005479 Daily Business Review Miami Dade Customer No: 9005479 Invoice g: 10000544308-0805 Invoice Date: 08/05/2021 Due Date: Due Upon Receipt AMOUNT DUE: S122.75 Amount Remitted T(ARInal Invoice a Description Amount 10000544308-0805 Placement/Position: Bids/Heamgs/Meetings/Ordinances/Bid Notices & RFPs $122.75 Run Dates: 08/05/2021 Ad Size: 2 x 6.90 Inches Subtotal S122.75 CITY OF SOUTH MIAMI - RFP #PW202141 Total Due $12275 Visit our online payment portal at https://www.aimpaymentcenter.com to pay via credit card For billing questions, please small: ALMcollecdon@aim.com. AGIV ALM Discover. Connect. Compete. 209 MIAMI DAILY BUSINESS REVIEW PaNdhed Dairy except Saturday. Sunday and Legal Holidays M., Miami -Dade Count, Fonda STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida', that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - RFP Y.PW202141 in the XXXX Court, was published in said newspaper in the issues of 0810512021 arrrr CITY OF SOUTH MIAMI DANTE FASCELL PARK GATEWAY SIGN FABRICATION AND INSTALLATION PROJECT RFP ►iPW2021-41 SUBMITTAL DUE DATE: August 31, 2021 at 10 AM Aftiant further says that the said Miami Doily Business Review is a newspaper published at Miami, in said Miami -Dade The City is hereby requesting sealed proposals in response to this County. Florida and that the said newspaper has heretofore RFP YPW202141, DANTE FASCELL PARK GATEWAY SIGN FABRICATION AND INSTALLATION PROJECT. The purpose of this Solicitation is to been continuously published in said Miami -Dade County, Florida contract for the services necessary for the completion of the project in each day (except Saturday, Sunday and Legal Holidays) and a000rdence with the Scope of Services, (EXHIBIT 1, Attachments 4 B 8 C) has been entered as second class mail matter at the post and the plans and/or specifications, if any, described in this Solicitation office in Miami in said Miami -Dade County, Florida. for a period (hereinafter referred to as "the Project' or'Projecl'). of one year next preceding the first publication of the attachetl Interested persons who wish respondto this Solicitation can obtain the copy of advertisement; and athant further says that he at she Complete Solicitation package by accessing the following webpage: has neither paid nor promised any person, firm or corporation httpd/www.southmiamifl.gov/ which is the City of South Miami's web any discount. rebate, commission or refund for the purpose of address for solicitation information. The City will only receive submittals securing this advertisement for publication in the said electronically through the DemandSter Electronic Bid System (E-Bidding). newspaper. To register as a business, go to httpsJ/networkdemandstar.cc W Proposals must be received electronically through DemandSlat, no later than 10:00 A.M. local time (the 'Closing Date' on August 31, 2021 and LJ any Proposal received by the City through DemandStar after 1000 a.m. local time on said date will not be accepted under any circumstances. Swor and subscribed before me this Hand delivery will not be accepted. 5 y I A GU . D. 2021 PRE -BID MEETING VIA VIDEO CONFERENCING: A Pre -bid meeting for this solicitation will occur at 10..00 A.M. beat time on August 17, 2021. The Pre -bid meeting will be conducted by the Procurement IS L) Division through video conferencing using the Zoom platform. Members of GUILLERMO GA CIA personally known to me the public may view the meeting via Zoom at https://Zo_0m.usJ/3056636339, or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636W9. ;pIr CHRISTIMLYNNRAVIX N ; E-BID OPENING VIA VIDEO CONFERENCING: e Commission C GG 277771 Expires November 19, 2022 P Boded ThatT Fain Luurmm8W3857010 The opening of E-Bids for this 31,Solicitation2.he occur r will c AM. local time '°7 on (the Closing Date, August 31, 2021. The City Cleric will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at httpsJ/zoom,uW30566367.39 or listen to the meeting on a dedicated phone line by dialing +1-786.635--1003 Meeting ID: 3056636339. Nkenga A. Payne, CMC, FCRM City Clerk of South Miami 815 21-57/0000544308M 210