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Res No 118-21-15738RESOLUTION NO. t 1 8_91 _1 s7gg A Resolution authorizing the City Manager to execute a contract related to professional construction services from Leadex Corporation for new park improvements at South Miami Park. WHEREAS, on September 15", 2020, the Mayor and City Commission passed and adopted Resolution No. 115-20-15555, related to the complete design construction documents for new park improvements at South Miami Park; and WHEREAS, in summary, new park improvements entail demo of the existing rock -filled -in pool area and support facilities; site restoration; new swings, playground, and outdoor fitness structures; poured -in -place rubber safety surface; tree improvements; ADA and pedestrian access stripping improvements, as well as concrete sidewalk access to new amenities; and WHEREAS, on November 12, 2020, the City received a grant award from the Florida Recreation Development Assistance Program ("FRDAP") in the amount of $50,000 to be used towards construction of a new playground structure at South Miami Park; and WHEREAS, through the Procurement Division, the City's Parks and Recreation Department issued a Request for Proposal ("RFP") on Friday, April 9, 2021 for construction services related to the aforementioned park improvements. The City received responses from eight (8) firms and a total of nine (9) proposals/bids; and Bidders Bid Price Alternate Bid Note s Thunder Demolition $13,000 Bid non -responsive Tadeos Engineering LLC $262,931.50 Withdrew bid proposal Leadex Corporation $390,597.79 $352,662.96 ✓ Staff recommended Campus Construction Group Inc. $415,000 UAG Construction $386,266.05 M&J General Contractors $415,841.14 Hartec Group Inc. $488,133 Stonehenge Construction, LLC $510,841.25 WHEREAS, City staff recommends entering into a contract with Leadex Corporation based upon past related work experience with the City and throughout Florida's tri-county region (Palm Beach, Broward, and Miami -Dade counties), quality of work, Certified Playground Safety Inspector (CPSI) credentials from the National Recreation and Park Association, and compliance with the terms of the RFP; and WHEREAS, the proposal/contract amount shall not to exceed $352,662.96. A 10% contingency in the amount of $35,266.30 is included for unforeseen conditions at the discretion of the City Manager. Pagel of 2 Res. No. 118-21-15738 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 hereby authorized to enter into an agreement with Leadex Corporation in the amount of $352,662.96 for new park improvements at South Miami Park. The City Manager is also authorized to expend up to a 10% contingency in the amount of $35,266.30 for unforeseen conditions. The total expenditure will be paid from the following accounts: • $50,000 from FRDAP Grant Fund, account 106-2004-572-6450, which has a current available balance of $50,000. $60,000 from Park Impact Fund, account 117-2000-572-3450, which has a current available balance of $60,000. $277,929.26 from Parks & Recreation Capital Improvement Fund 301-2000-572-6450, which has a current balance of $1,943,000. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 5' day of October, 2021. ATTEST: APPROVED: �) !19 ' we4z k CITY CLE MAYOR 9 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 2 of 2 Agenda Item No:2. City Commission Agenda Item Report Meeting Date: October 5, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Rem Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute a contract related to professional construction services from Leadex Corporation for new park improvements at South Miami Park. 3/5 (City Manager -Parks & Recreation Dept.) Suggested Action: Attachments: Memo-SMP Improvements (QP).docx Reso-SMP Improvements (QP1).docx FRDAP Project No. A21127.pdf Construction Plans.pdf Leadex Alternate Proposal - Bid -Burke Playground Equipment.pdf Leadex Proposal.pdf Leadex Original Bid Proposal -Landscape Playground Equipment.PDF RFP Advertise ment.pdf Tadeos Engineering Email Thread.pdf CITY OF SOUTH MIAMI • OFFICE OF THE CITY MANAGER SouthMiami INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: October 5, 2021 SUBJECT: A Resolution authorizing the City Manager to execute a contract related to professional construction services from Leadex Corporation for new park improvements at South Miami Park. BACKGROUND: On September 15th, 2020, the Mayor and City Commission passed and adopted Resolution No. 115-20-15555, related to the complete design construction documents for new park improvements at South Miami Park. In summary, new park improvements entail demo of the existing rock -filled - in pool area and support facilities; site restoration; new swings, playground and outdoor fitness structures; poured -in -place rubber safety surface; tree improvements; ADA and pedestrian access stripping improvements, as well as concrete sidewalk access to new amenities. The project limits for all improvements herein are located on the northeast end within the existing fenced -in area at South Miami Park as illustrated in the attached construction plans, Sheet No. C-0. GRANT FUNDING: On November 12, 2020, the City received a grant award from the Florida Recreation Development Assistance Program ("FRDAP") in the amount of $50,000 to be used towards construction of a new playground structure at South Miami Park. According to the grant agreement, the project must be completed before April 30, 2023 and all reimbursement requests and closeout documents submitted within sixty (60) days after completion. PROCUREMENT PROCESS: Through the Procurement Division, the City's Parks and Recreation Department issued a Request for Proposal ("RFP") on Friday, April 9, 2021 for construction services related to the aforementioned park improvements. The City received responses from eight (8) firms and a total of nine (9) proposals/bids as outlined below. 2 South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Bidders Bid Price Alternate Bid Note(s) Thunder Demolition $13,000 Bid non -responsive Tadeos Engineering LLC $262,931.50 Withdrew bid proposal Leadex Corporation $390,597.79 $352,662.96 ✓ Staff recommended Campus Construction Group Inc. $415,000 UAG Construction $386,266.05 M&J General Contractors $415,841.14 Hartec Group Inc. $488,133 Stonehenge Construction, LLC 1 $510,841.25 Thunder Demolition is non -responsive because its proposal quoted demolition only. City staff interviewed the second lowest bidder, Tadeos Engineering LLC ("Tadeos"), on Wednesday, May 26, 2021. On Thursday, May 27, 2021, the Procurement Division accepted Tadeos' response/bid withdraw based on an erroneous proposal submittal. Refer to the attached email dated on Thursday, May 27th City staff recommends entering into a contract with the third lowest, most qualified and responsive firm, Leadex Corporation, based upon past related work experience with the City and throughout Florida's tri-county region (Palm Beach, Broward, and Miami -Dade counties), quality of work, Certified Playground Safety Inspector (CPSI) credentials from the National Recreation and Park Association, and compliance with the terms of the RFP. Leadex Corporation will be responsible for all work and services as outlined in the RFP and construction documents, including supply and install of Burke playground structures and Greenfield's outdoor fitness equipment at South Miami Park. VENDOR & EXPENSE: Leadex Corporation. Proposal/contract amount shall not exceed $352,662.96—Alternative Bid. A 10% contingency in the amount of $35,266.30 is included for unforeseen conditions at the discretion of the City Manager. FUND & ACCOUNT: The total expenditure ($387,929.26), which includes contingency funds for unforeseen activity, will be paid from the following accounts: • $50,000 from FRDAP Grant Fund, account 106-2004-572-6450, which has a current available balance of $50,000. • $60,000 from Park Impact Fund, account 117-2000-572-3450, which has a current available balance of $60,000. • $277,929.26 from Parks & Recreation Capital Improvement Fund 301- 2000-572-6450, which has a current balance of $1,943,000. SoutYe) hMiami THE CITY OF PLEASANT LIVING ATTACHMENT(S): CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Resolution FRDAP Project No. A21127 Construction Plans: SMP Playground & Park Improvements Bid Tabulation Report Proposal — Leadex Corporation Alternate Bid: Burke Playground Equipment ✓ Original Bid: Landscape Playground Equipment RFP Advertisement Tadeos Engineering LLC — Email Thread/Communication 4 FLORIDA DEPARTMENT OF RonDeSanOs Governor Environmental Protection Jeanette Nunez Lt. Governor Marjory Stoneman Douglas Building Noah Valensteln 3900 Commonwealth Boulevard Secretary Tallahassee, FL32399 November 12, 2020 Mr. Quentin Pough CPRP, CPSI Director City of South Miami 5800 SW 66 Street South Miami, FL 33143 Re: South Miami Park Playground & Fitness FRDAP Project No. A21127 Dear Mr. Pough: The attached contains the fully executed grant agreement for the above referenced project. Please visit our website at htWs://floridadep.gov/Grants, to read and familiarize yourself with the FRDAP Administrative Rule, the required Commencement Documentation Checklist, as well as the Project Status Report Form. This information has been provided on the website for your review, as it will be extremely helpful and ensures compliance with the administrative requirements of this grant. In addition, the Project Completion Documentation Checklist and the Reimbursement Schedules can be found on our website when that time approaches. Reminders: 1. Construction cannot begin until all project commencement documentation has been submitted and approved by this office. This process should be completed 180 days from the execution of your grant agreement by (June 5, 2021). Once again, the commencement checklist and other forms may be found at https:Hfloridadep.gov/Grants under FRDAP Commencement Forms. 2. Quarterly status reports are required - January 5, May 5, and September 5. Please be sure to summarize work accomplished, problems encountered (if any), and provide color photographs of development progression. 3. The Department will not process your reimbursements request until the Grantee completes the project and staff reviews and approves all Completion Documentation and the final as -built product. 7 Mr. Quentin Pough Page Two November 12, 2020 4. The project should be completed before the completion date set forth in the grant agreement (April 30, 2023) and all reimbursement requests and closeout documents submitted within sixty days after completion. If you have any questions, please contact our office at (850) 245-2501. We look forward to working with you on this project. Sincerely, Tamika Bass Community Assistant Consultant Land and Recreation Grants Section Florida Department of Environmental Protection Mail Station #585 TMB/ Attachment (1) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: South Miami Park Playground & Fitness A1127 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399 3000 (Department) Grantee Name: City of South Miami Entity Type: A Local Government Grantee Address: 5800 SW 66 Street, South Miami, FL 33143 FEID: 59-6000431 (Grantee) 3. Agreement Begin Date: Date of Expiration: upon execution June 30, 2023 4. Project Number: A21127 Project Location(s): 4300 SW 58th Avenue, South Miami, FL 33143 (If differentfrom Agreement Number) Project Description: New playground and picnic tables. 5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per Sources : $509000.00 ® State ❑Federal Line Item No.1728, GAA, FY2020-2021 $50,000.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $50,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Tamika Bass Name: Mr. Quentin Pough or successor or successor Address: 3900 Commonwealth Blvd Address: 5800 SW 66 Street MS# 585 South Miami, FL 33143 Tallahassee, FL 32399 Phone: 850-245-2501 Phone: 305-688-3867 Email: tamika.bass@floridadep.gov Email: QPough@southmiamiil.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby ;rir-rwnnratPti hu rPfPrP-nr-P.- 1Z Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 5Z Attachment 2: Special Terms and Conditions 09 Attachment 3: Grant Work Plan i! Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements iJ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy availablc at https:-,tfacts.tldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): Iff Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form W Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. A1127 Rev. 6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 1 (a)(1): Federal Award Identification Number(s) Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. City of South Miami GRANTEE Grantee Name By 10/16/2020 ;Authorized Signature) Date Signed Shari Kamali / City Manager Print Name and Title of Person Signing State g9MM da Departmgntrof aumental Protection DEPARTMENT e aven DeHaven Date:2020.11.05 By 17:36:23 -05'00' Secretary or Designee Date Signed Callie DeHaven, Director, Division of State Lands Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Az=ment No. A 1127 Rev. 6/20/18 10 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1 of 11 Rev. 5/6/2020 11 S. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverablcs will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement_ Attachment 1 2 of 11 Rev. 5/6/2020 12 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: hMs://www.mYfloridacfo com/Division/AA/ManuaWdocuments/RcferenceGuideforStateExpenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request, A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency_. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: w%v%v.myfloridacfo.com/Division/AANendors/default.htin. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the teens of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government. the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. SaIM/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Attachment 1 3of11 Rev. 5/6/2020 13 c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable: The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase FAWpment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting Attachment 1 4 of 11 Rev. 5/6/2020 14 period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. e. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. 1nmmce Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee 4bligrations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and Attachment 1 5of11 Rev. 5/6/2020 15 to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing Attachment 1 6of11 Rev. 5/6/2020 16 resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. Attachment 1 7 of 11 Rev. 5/6/2020 17 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a 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 bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, 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 Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a 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 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. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terns of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole Attachment 1 8of11 Rev. 5/6/2020 18 option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: httg://dos Myflorida com/libMC -archives/records-management/general-records-scllcduleao. 27. Audits. a. jgggctor General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form Attachment 1 9of11 Rev. 5/6/2020 19 number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: hyM:\lapps.fldfs.com\fsaa. d. Pmof of Transactions, In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commnrgling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipienfs, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Attachment 1 10ofll Rev. 5/6/2020 20 Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 5/6/2020 21 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. A1127 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is South Miami Park Playground & Fitness. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins the first day of the fiscal year for in which this Agreement was entered into, through the Date of Expiration. b. Extensions. There are no extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur after approval of the final delivereable(s). c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match a e ® ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ® ❑ a. Fringe Benefits, which shall be calculated at the rate of 40% of direct salaries. ® ❑ b. Indirect Costs, which shall be calculated at the rate of 15% of direct costs. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ® ❑ Rental/Lease of Equipment ® ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. S. Insurance Requirements Attachment 2 1 of 2 Rev. 6/2=020 22 Required Covem—e At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The minimum limits shall be as follows: $200,000/3009000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall comply with the workers' compensation requirements of Chapter 440, F.S. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed -price subcontracts pursuant to this Agreement, which require prior approval. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2 2 of 2 Rev. 6/22/2020 23 ATTACHMENT 3 GRANT WORK PLAN FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Project Name: South Miami Park Playground & Fitness Grantee Name: City of South Miami FRDAP Project # A21127 SUMMARY: The Grantee shall complete the Project Element(s), which were approved by the Department through the FRDAP Application Evaluation Criteria, pursuant to Chapter 62D-5, Florida Administrative Code (F.A.C.). Any alteration(s) to the Project Element(s) as submitted in the Grantee's application and listed in the Grant Work Plan is considered a significant change, must be pre -approved by the Department, and may require a formal Amendment to this Agreement. All work must be completed in accordance with the FRDAP Program, and local, state and federal laws, the approved Project plans, all required permits, and the Florida Building Code. Prior to the Department issuing a "Notice to Commence" to the Grantee, as specified in Attachment 6 of the Agreement, Program Specific Requirements, the Department must receive evidence of and have approved all Deliverables in Task l . For the purpose of this Agreement, the terms "Project Element" and "Project Task" are used interchangeably to mean an identified facility within the Project. The Project is located at 4300 SW 58th Avenue, South Miami, FL 33143 and is considered a "Small Project" pursuant to paragraph 62D-5.055(6)(a), F.A.C. Retroactive Project. ❑This Project has been approved as a "Retroactive Project." Retroactive Projects are eligible for a FRDAP grant award if they otherwise meet the FRDAP rule criteria, funds are available, and Project Costs have occurred within one (1) year prior to the approval for funding by the Governor. ®This Project has not been approved as a "Retroactive Project." Project Completion: The Project Completion Date for this Agreement is April 30, 2023. Budget: Reimbursement for allowable costs for the Project shall not exceed the maximum Grant Award Amount outlined below. There is no match required on the part of the Grantee under this Agreement. The total estimated Project Cost provided below is based on the approved FRDAP Application. A detailed cost analysis will be provided in the Deliverables for Task 1, prior to the Department issuing the "Notice to Commence." All final Project Costs shall be submitted to the Department with the payment request. Maximum Grant Award Amount: $50,000.00 Required Grantee Match Amount: $0 Total Estimated Project Cost: $50,000.00 Match Ratio: 0% DEP Agreement No.: A] 127, Attachment 3, Page 1 of 3 FRDAP FY18-19 N Scope of Work/Tasks Deliverables Due Date Financial Consequences TASK 1 DELIVERABLE 1 LA. Development of Commencement The Department will issue "Notice to Commence" upon 180 calendar days The Department shall terminate the Project Agreement if the required Documentation Checklist (DRP-107)1. receipt and approval of: after Execution of Deliverables are not submitted and Agreement2 approved by the Department. 1.B. A Cost Analysis Form, with detailed budget LA. All applicable Project specific Commencement (and In -House Cost Schedule(s), if applicable). documentation listed on Commencement Documentation Checklist (DRP-107) l.B. A Cost Analysis Form, with detailed budget (and In - House Cost Schedule(s), if applicable). Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, Project inspection, and other similar fees are eligible for reimbursement. However, reimbursement, if requested, shall not exceed fifteen (l 5%) of total Project Cost, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule. The Grantee may not proceed with development of the Pro ect until Notice to Commence has been issued. TASK 2 DELIVERABLE 2 2.A. Development of Primary and Support Project The Grantee may request reimbursement upon Department Due April 30, 2023, which shall No reimbursement will be made for Deliverables) deemed unsatisfactory by Elements, which includes: receipt and approval of: also be the Project the Department. Payment(s) will not be New playground and picnic tables. Completion Date made for unsatisfactory or incomplete 2.A. Development of required Project Elements. work. In addition, a Task may be 2.B. Development of Completion of terminated for Grantee's failure to Documentation Checklist (DRP-111). 2.B. All applicable Project specific Completion perform. documentation listed on Completion Documentation 2.C. Completion of Final Status Report (DRP- Checklist (DRP-111) 109). 2.C. Final Status Report (DRP-109). The Grantee may request reimbursement for allowable budgeted expenses and costs pursuant to the Agreement that are directly related to the successful development of the Project site. Reimbursement shall not exceed the Grant DEP Agreement No.: Al 127, Attachment 3, Page 2 of 3 FRDAP FYIS- 19 N Award Amount, less any reimbursement requested for in Deliverable 1, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule below. Ten percent (10%) of the Grant Award will be retained until the Project is designated complete by the Department. Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the requirements for funding under the FRDAP; approved plans and application approved for funding. Upon review and written acceptance by the Department's Grant Manager of the Project Completion Certificate and the Deliverables under each Project Task, the Grantee may proceed with the payment request submittal. Payment Request Schedule: Following Department approval of all Deliverables, the Grantee may submit a single payment request on Exhibit C, Payment Request Summary Form, DRP-115, along with all required documentation as outlined in the Financial Reporting Procedures (DRP-110), as applicable, to support payment. A payment request submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks. Endnotes: 1. FRDAP documentation is available at httns:Hfloridadcl2.govAands/land-and-recreation-grants/content/frdop-assistance and/or from the Land and Recreational Grants Section, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS# 585, Tallahassee, Florida, 32399-3000. 2. Project Agreement is subject to termination if Commencement documentations under Task l are not received and approved by the Department within 180 calendar days of the Project Agreement execution. 3. Due Date will not be extended beyond the Grant Period as outlined in Subsection 62D-5.058(7), F.A.C. DEP Agreement No.: A] 127, Attachment 3, Page 3 of 3 FRDAP FY18-19 N Q! STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F. S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. 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 Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services�a,floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 27 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department'; 'DEP'; "FDEP" or "Grantor'; or other name in the agreement) to the recipient (which may be referred to as the "Recipient". "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. Ilili�yl�. PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at Rw►,Nv.cfda.Qov Attachment 5 1 of b BGS-DEP 55-215 rcviscd 7/2019 28 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http•/hvww.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http:/hvww.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflarida.com/audacn/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 7/2019 29 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hyR://harvester.census.gi v/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditQdep.state. fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (httpJ/flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.971 F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS-DEP 55-215 revised 7/2019 30 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 13GS-DEP 55-215 revised 7/2019 31 EXHIBIT — l FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Reci cent Pursuant to this Agreement Consist of the Following: Federal Program A Federal A enc CFDA Number CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources Etc. Etc. BGS-DEP 55-215 Revised 7/2019 Attachment S, Exhibit 1 5 of 6 W tv Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal nrn"am and .9hnw eotal .ante resnurre_c awarded fnr matching. State Resources Awarded to the Recipient Pursuant to this A cement Consist of the Following Matching Resources for Federal Pro Ins: Federal Program A Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Note: Ifthe resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total statefinancial assistance awarded that is subject to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97 F. State CSFA Title State Program State CSFA or Appropriation A State Awarding Agency Fiscal Year' Number Funding Source Description Funding Amount Category General Appropriations Act Line Item 1728 — Fixed Capital Outlay Original Florida Recreation 2020-2021 37.017 Florida Recreation Development S50,000.00 140002 Agreement Development Assistance Assistance Program Grants from General Revenue Fund and Florida Forever Trust Fund Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. I, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [httos•//aoos.fldfs.com/fsaalsearchCatalog.asl)x], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [httos:l/at)ps.fldfs.com/fsaa/state project compliance.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Subject to change by Change Order. Attachment 5, Exhibit 1 6of6 a05-ORP 55-215 R.W'M a019 w tlr STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ATTACHMENT 6 1. Project Submittal Forms. Administrative Forms, Reimbursement Forms, and Guidelines referenced in this Agreement may be found at httns:// loridadep.govAands/land-and-rccreatioti-grants/contcni/frdan-assistance, or by contacting the Department's Grant Manager. 2. Notice to Commence. Prior to commencement of the Project, the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on the Commencement Documentation Checklist, DRP-107. In addition to the Checklist items, the Grantee shall submit a copy of all executed subcontracts to the Department. Upon satisfactory approval by the Department, the Department will issue written "Notice to Commence" to the Grantee to commence the Project. The Grantee SHALL NOT proceed until the Department issues the "Notice to Commence." Until the Department issues the "Notice to Commence," the Department is not obligated to pay or reimburse Grantee for fees, costs, or general expenses of any kind that were incurred prior to the "Notice to Commence," except for Pre - Agreement Expenses as more fully described in subsection 62D-5.054(34), F.A.C. 3. Site Plans. Project site facilities must be attractive for public use and compatible with the environment. Plans and specifications for Project site improvements and facilities must be in accordance with current engineering and architectural standards. The Grantee should emphasize the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. The Grantee may alter a conceptual site plan only after written approval by the Department. The Grantee shall have final site plans (site, engineering, and architectural) prepared for the Project and sealed by a registered architect or engineer licensed in accordance with the laws of the State of Florida (collectively the "Project Plans"). The Grantee must deliver a complete original, signed, and sealed set of the Project Plans to the Department before the Department will issue a "Notice to Commence." 4. Project Completion. All work under this Agreement must be completed no later than 60 days before the expiration date of the Agreement, known as the "Project Completion Date." The Department may require the Grantee to do additional work.before designating the Project "complete." If the Project has not been designated as complete by the Department by midnight of the Date of Expiration, the Project funds will revert to the revenue fund from which they were appropriated (paragraph 62D-5.058(7)(a), F.A.C.). 5. Project Completion Certification. To certify completion, the Grantee will submit to the Department the Project Completion Certification, DRP-112, available online and incorporated herein by reference. The Project must be designated complete prior to the Department releasing final reimbursement. The Department shall designate the Project complete upon receipt and approval of all deliverables and when Project site is open and available for use by the public for outdoor recreation purposes. The Department will release the retainage when the Department approves the Completion Documentation set forth in paragraph 62D-5.058(7)(d), F.A.C. The final payment of the retained amount will be processed within thirty (30) days of the Project designated complete by the Department. 6. The following modifies paragraph 8.d, Attachment 1, Standard Terns and Conditions: a. Reimbursement for Costs. Attachment 6 1 of 3 Rcv. 51&2020 34 Project Costs will be reimbursed as provided in paragraph 62D-5.058(2)(a), F.A.C., and in the Project Agreement. The Grantee is eligible for reimbursement, in whole or in part, for Department -approved Pre -Agreement Expenses and, if applicable, costs associated with Retroactive Projects, through the Project Completion Date of this Agreement. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, cost(s) must meet all FRDAP requirements, financial reporting requirements, and rules and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://w%,%%,.myfloridacfo.coni Division/AAIManuals/documents/RefercnceGuideforStateExpenditures.pdf. i. Pre -Agreement Expenses. Pursuant to subsection 62D-5.054(34), F.A.C., Pre -Agreement Expenses means expenses incurred by a Grantee for accomplishment of an eligible FRDAP project prior to full execution of the Project Agreement. Parties hereby acknowledge and agree, Grantee is entitled to submit for cost - reimbursement eligible Pre -Agreement Expenses, which are expenses Grantee incurred for the accomplishment of the Project prior to full execution of this Agreement. 7. The following is added to paragraph 8, Attachment 1, Standard Terms and Conditions: k. Project Costs. The Department will reimburse Project costs pursuant to paragraph 62D-5.058(2)(a), F.A.C., and as provided herein. Project costs, except for Pre -Agreement Expenses, shall be incurred between the effective date of the Agreement, and the Project Completion Date as set forth in the Project Completion Certification determined and identified herein. If the total cost of the Project exceeds the grant amount and the required match (if applicable), Grantee must pay the excess cost. 1. Cost Limits. Pursuant to paragraphs 62D-5.058(2)(a) and (b), F.A.C., project planning expenses, such as application preparation, surveys (boundary and topographic), title searches, project signs, architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible Project costs provided that such costs do not exceed fifteen percent (15%) of the total Project cost. 8. The following hereby replaces paragraph 8.h, Attachment 1, Standard Terms and Conditions: h. Annual App—mgriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation from the Recommended Application Priority List by the Florida Legislature. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. It is further understood that Grant Awards may be revised by the Department due to the availability of FRDAP program funds. 9. The following replaces paragraph 10, Attachment 1, Standard Terms and Conditions: Status Reports. a. The Grantee must utilize, Project Status Report Form, DRP-109, available online and incorporated herein by reference, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates and proposed work for the next reporting period. The Project Status Reports must be submitted to the Department's Grant Manager no later than January 5, May 5, and September 5. The Department's Grant Manager has thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. b. Additionally, the Grantee shall comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online: https://floridadcp.aoviparks/florida-scom- outdoor-recreation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory (FORI) system (hns://floridadep.gov/parks/florida-outdoor-recreation-inventor). 10. Site Dedication. a. Land owned by the grantee and developed or acquired with FRDAP funds must be dedicated in perpetuity as an outdoor recreational site for the use and benefit of the general public in accordance with Rule 6213-5.059, F.A.C. Land under control other than by ownership of the Grantee such as by lease, must be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the Project Completion Date as set forth in the Project Completion Certificate. The dedications must be recorded in the county's public property records by the Grantee. Execution of this Agreement by the Department constitutes an acceptance of a Project site(s) dedication on behalf of the general public of the State of Florida. Attachment 6 2 of 3 Rev. 5/6/2020 35 b. Should the Grantee's interest in the land change, either by sale, lease, or other written legal instrument, the Grantee is required to notify the Department in writing of the change no later than ten (10) days after the change occurs, and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. 11. Management of Project Sites. a. Site Inspections. Grantees must ensure by site inspections that facilities on the Project site are being operated and maintained for outdoor recreation for a minimum period of twenty-five (25) years from the Project Completion Date set forth in the Project Completion Certificate. The Project site must be open at reasonable times and must be managed in a safe and attractive manner. b. Non -Compliance. The Department will terminate an agreement and demand return of the program funds (including interest) for non-compliance if a Grantee fails to comply with the terms stated in with the Agreement. If the Grantee fails to comply the Agreement, the Department will declare the Grantee ineligible for further participation in FRDAP until such time as the Grantee comes into compliance. c. Public Accesmbility. All facilities must be accessible to the public on a non-exclusive basis, without regard to age, sex, race, religion, or ability level. d. Entrance Fees. Reasonable differences in entrance fees for other FRDAP projects may be allowed on the basis of residence, but only if the Grantee can clearly show that the difference in entrance fees reflects, and is substantially related to, all economic factors related to park management, and it is not simply related to the amount of tax dollars spent by the residents for the park; and that a definite burden on the Grantee in park maintenance costs clearly justifies a higher fee for nonresidents. e. Native Plantings. In developing a FRDAP project with program funds, the Grantee must primarily use vegetation native to the area, except for lawn grasses. f. The Grantee will obtain Department approval prior to any current or future development of facilities on the Project Site(s), which is defined in subsection 62D-5.054(46), F.A.C. This Agreement is not transferable. 12. Procurement Requirements for Grantee. The Grantee must secure all goods and services for the Project according to its adopted procurement procedures. 13. Signage. The Grantee must erect a permanent information sign on the Project site that credits funding (or a portion thereof) to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. The sign must be made of appropriate materials, which are durable for a minimum of twenty-five (25) years after the Project is complete. The sign must be installed on the Project site and approved by the Department before the Department processes the final Project reimbursement request. 14. Termination and Ineligibility. In addition to the remedies provided elsewhere in this Agreement, if the Grantee fails to comply with the terms stated in this Agreement or with any provisions in Rule Chapter 62D-5, F.A.C., the Department will terminate this Agreement and demand return of the program funds (including interest). Furthermore, the Department will declare the Grantee ineligible for further participation in FRDAP until the Grantee complies. Further, the Grantee agrees to ensure that all necessary permits are obtained prior to implementing any Grant Work Plan activity that may fall under applicable federal, state, or local laws. 15. Conversion. The Project Site acquired and/or developed with FRDAP assistance must be retained and used for public outdoor recreation. Should the Grantee, within the periods set forth in subsections 62D-5.059(1) and (2), F.A.C., convert all or part of the Project site to other than public outdoor recreational uses, the Grantee must replace the area, facilities, resource, or Project site at its own expense with an acceptable project of comparable scope, and quality. Attachment 6 3 of 3 Rev. 5/6/2020 36 EXHIBIT No. I SCOPE OF SERVICES Attachment A NEW PLAYGROUND & FITNESS STRUCTURE IMPROVEMENTS AT SOUTH MIAMI PARK RFP #PR2021-35 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; 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. After being awarded the contract but prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, cables and pipes for gas, water, and sewage on the 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 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. All work is to be done in accordance with Exhibit 1, Scope of Services, Attachments A, B, C & D and public playground safety standards, rules and guidelines; all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City of South Miami Land Development Code, all applicable ordinances of Miami -Dade County and the City of South Miami and the Americans with Disabilities Act (ADA). 39 of 112 ATTESTED: OWNER: CITY OF SOUTH MIAMI (n� 1 Signature: ,W Signature: C� xc�-J� Nkeng . Payn Shari Karnali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ✓ ity Attorney ATTESTED: Signature: Nkengiok Payne City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof. Signature: Attorney OWNER: CITY O SOUTH MIAMI i Signature Shari Karnali City Manager 110 of 112 EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT NEW PLAYGROUND & FITNESS STRUCTURE IMPROVEMENTS AT SOUTH MIAMI PARK RFP #PR2021-35 A Consultant: In accordance with ARTICLE I of the General Conditions the consultant (CONSULTANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER's designated representative as identified in the Supplementary Conditions. CONSULTANT's, if any, and OWNER's Designated Representative's name, address, telephone number and facsimile number are as follows: Consultant: SRS ENGINEERING, INC 5001 S.W. 74 Court Suite 201 Ph: 305/662-8887 Fax: 3051662-8858 B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSULTANT or from substituting another "person" to act as CONSULTANT. C. Plans for Construction: The successful CONTRACTOR will be furnished sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to the reproduction cost. D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP and in the attached EXHIBIT I. Attachments A. B. C & D 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 75 calendar das unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. G. CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground facilities and conditions that may affect the Work. It is agreed by the parties that no additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this 20 day of MAY , 20 2L CONTRACTOR: LEADEX CORPORATION Signature: L—� Print Signatory's Name: F K I FONSECA, P.E. Title of Signatory: PRESIDENT 109 of 112 ARTICLE 23 — FORCE MAJEURE. 23.1 Neither parry 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. ARTICLE 24- E-VERIFYf448.095(2) 24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat, Contractor and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January I. 2021. 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 subcontractors 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. Scat 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. 24.1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20 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 liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this 20 day of MAY .20 21, CONTRACTOR: LEADEX CORPORATION Signature: Print Signatory's ame: FRANK J FONSECA, P.E. Title of Signatory: PRESIDENT 107 of 112 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 all of its subcontractors are required to comply with the public records law (s.119.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 30S-663-6340; E-mail: npayne@southmiamM.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. A TICLE 20 — SEVERASILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 — INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 — ASSIGNMENT. 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 executpA �yRNTRACTOR. 15.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten (10) calendar days' notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnificallon of Independent Consultant 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER, CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSULTANT's request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de -certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLLE 16 — MISCELLANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom It is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIAL, 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION I VENUE / 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 WGIDWRACTOR, and to conduct an audit of the financial 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 ("Initral Certification') by CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re -certified. ARTICLE IS — SUSPENSION OF WORK ANp TERMINTION. 15.1 The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSULTANT, which will fix the date on which Work will be resumed. Except for the City Manager's exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or Insolvent, or If he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly falls to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 15.4 Upon seven (7) calendar days' written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination, minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. I SAA OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the Intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part Contractor May Stop Work or Terminate 104 of 112 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 OWNER has 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 e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions. Accepsance_of Final Payment m Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the rase of Substantial Completion and 5% in the case of Final Completion. 103 of 112 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 list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure and phase. [See Sec. 255.07, Fla. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Tide 14.3 CONTRACTOR warrants and guarantees that tide to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens`; and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an Interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of EMent 14.4 CONSULTANT's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSULTANT's on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is In accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article 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 tide to any Work, materials, or equipment has passed to OWNER free and dear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials Included in the request for payment that have not yet been incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed In the payment application with reasonable clarity as to the reason for withholding payment with the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract 102 of 112 through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 131 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1. will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or Incurred thereby. 133 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 redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non -Conforming Work or failure to meet delivery schedules may result in the Contract being found in default ARTICLE 14 - PAYMENTS AND COMPLETION. Payments to Cont or 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 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 performed4hAWshed labor, services or materials, directly or 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above -stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.31 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 (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment In the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract 12.6 No damage claim for delay Is allowed and CONTRACTOR's sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Rorida 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, whicWer!42ippl1cable and If more than one is applicable, the one that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for Items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR falls to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 1 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work w€II 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, unloachng, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 1 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 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 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 1 1.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for ail bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 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: 1 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 1 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION. LIQUIDATED DAMAGES AND CHANGE OF THE COMI ACT TIME. 99 of 112 10.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE 1 I — CHANGE OF CONTRACT PRICE. 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 OWNER -furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change In the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. if any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. 11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data In determining the cost of the Change Order, the costs will be limited to those listed in section 11.7 and 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract 11.7 The value of any Work covered by a Change Order or of any claim for an Increase or decrease in the Contract Price will be determined in one of the following ways: 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 in the direct employ of CONTRACTOR in the performance of the Work described In the Change Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work Payroll costs must be limited to: salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided It was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must nAf?f61-2City Manager of all cash discounts that are available Measurement of Quantities: 9A All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article 1. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. if CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing must be approved In writing by the City Manager. All consequential cost of such Inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings. Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with CONSULTANrs responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES IN THE WO L 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 ?rder, 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, ian equitable adjustment will be made as provided in Article I 1 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 Qf 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 thle Change Order. 10.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT's Field Order would entities CONTRACTOR to an increase In the Contract Price or (,extension of Contract Time, it must submit a written notice of intent to demand a Change Order within enty-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 i paragraph 6.21 and except as provided in paragraph 10.2. 10A The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 97 of 112 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 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract ARTICLE 8 — CITrS RESPONSIBILITIES, 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 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 expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION. 00 Representative: 9.1 CONSULTANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER'S representative during construction are set forth in Articles I through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANTs decision, In matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided In this contract, all claims, counterclaims, disputes and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding In accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site - observations as an experienced and qualified design professional, he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications_ and _Interpretations: 9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles l I and 12. 96 of 112 give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or In any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine Its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor may it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULTANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Pro RnM Improvements: 6.38 Any existing surface or subsurface Improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract ARTICLE 7 - WORK BY OTHERS. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR's Work 7.3 CONTRACTOR must do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to 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%P&Q1 of CONSULTANT. operation and local conditions. "Street Closed" signs must be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and In particular, the City of South Miami Police Department, before the street is closed and again as soon as It is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanimaovision 6.3 I 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. Indemni cation• 6.32 Contractor must comply with the Indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document Indemnification is limited to damages caused in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR's subcontractors, sub -subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Rjes ibili for Connecdo Existing Wo 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of - ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described In this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project Cam. operation 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'l 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 CONTRAM19desires to relocate the item. CONTRACTOR must 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 Orawingi -and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. CONTRACTOR must make any corrections required by CONSULTANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re -submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each approved sample must be kept in good order, in a book or binder, in chronological order or in such other order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULTANT's 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 conveniencac4 ft 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 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated In the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. -Electrical Power and Lighting 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: Y 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be Its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. IDlscrimination• 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. Taxes; 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Wmt wd Promeation: 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. Emergenclese 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. The City Manager reserves the right, in the City Manager's sole and absolute discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Mi;gBb#iMyesidents 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 plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSULTANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 CONTRACTOR must inserted In all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Patent Fees and Ro lya des: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and must defend all such claims in connection with any alleged infringement of such rights. 91 of 112 Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as If given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and In good order and annotated to show all changes made during the construction process. These must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of "As -Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. Labor. Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work 6.4 All materials and equipment must be new, except as otherwise provided In the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment must be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work, Materials Equipment. Products and Substitutions• 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it is understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and If, in the opinion of CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6A Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project All such Work must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non -conforming Work: The City of f"*kliami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (i) Drawings of a smaller scale 0) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 —AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specked 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. D-iering Site Conditions: 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE S — INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract ARTiCLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintend n reinafter referred to as "Supervisor" at the Work site who must be designated in writing by C OR, before CONTRACTOR commences the 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—CORRELATI0N. INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed In accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article 3.2 The Contract Documents are complementary; what is called for by one is as binding as If called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANrs attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words "furnish" and 'furnish and install", "install", and "provide" or words with similar meaning will be interpreted, unless otherwise specifically stated to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULTANT before Installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected In accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, must be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, Including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product The term "equal" or "equivalent", when used in connection with brand names, will be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", CONTRACTOR must use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any 88 of 112 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to In the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the City Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Corn lep tion: 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 aalifications of Subcontractors. Material men and Suppliers-: iers: 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 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 DocumWV %2to 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 Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract Notice: The term "Notice" as used herein means and includes all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served If delivered in person to the Individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. .A,RTiCI+E 2 — PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, In the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to perform the work In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Ecution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided In Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document Forfeiture of Bid SecuriWPerformance and Payment Bond if any are reg uir by the applicabie REP: 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 2.3A, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(I), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded in the public records of Miami -Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 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. Contra is Pre -Start Representation: 86 of 112 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. Def ' e Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. field Order: A written order issued by CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if Issued by CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non -conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, City Manager will execute and deliver the Contract to him. Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform Its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Po_ lick 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. RED 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 phase is used clearly means otherwise. Sip Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Sam lames, 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. Subcontractor, An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event will the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by CONSULTANT, will be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by City Manager to be minor "punch list" work. 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. S-ureM. 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 85 of 112 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS NEW PLAYGROUND & FITNESS STRUCTURE IMPROVEMENTS AT SOUTH MIAMI PARK RFP #PR2021-35 ARTICLE I —DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, 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: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications, or correction. Application for Payment A form approved by the City's consultant (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder. Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surecy in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order, A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the timeframe for completing the work Ct)L 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. Cil;X Manager. Includes the City Manager's designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work - Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract CONSULTANT: The person identified as CONSULTANT in the Supplementary Conditions or, if none, then OWNER's designated representative as identified in the Supplementary Conditions. Dav: A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. D s: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run will not be included. The last day of theBpeifimtilso computed will be included unless it is a Saturday, 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 date. 12.All 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 patties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Contract. LEADEX CORPORATION CONTRACTOR: Signature: Print Signatory's Name FRANK J FONSECA, P.E. Tide of Signatory: ATTESTED: 1 Signature: 'V Nken . Payne City Cle k Read and Approved as to Form, Language, Legality, and Execution Thereof: Signat re: City Attorney PRESIDENT OWNER: CITI OF SOI T MIAMI Signature. Shari Kama i City Manager 83 of 112 EXHIBIT 4 CONSTRUCTION CONTRACT NEW PLAYGROUND & FITNESS STRUCTURE IMPROVEMENTS AT SOUTH MIAMI PARK RFP #PR2021-35 THIS red into on this �J day of DCTOBL-"7Z . 20 2/ , by and between Leader COrpOration (hereafter referred to as "Contractor ), and of South Miami ere ifter referred to as "Owner"), through its City Manager (hereafter referred to as "City"). Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: I. Contractor must furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work 2. The Contract Documents must include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby agrees to pay to Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written chang orders, , in lawful money of the /UTnited,/pS.tates,, the Lump Sum amo nt of. �y��1 __ 4.. �U('lQµ S X! n t F/i / T// S!>(�iu?�/a rs �i /ji/iEG /t(tlJd'/'n fy- wo Dyson Dollars($ 3�af66"L .y ("Contract Price"). 5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be / included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent will have no right to additional compensation for such work. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6. If the Work is expected to require more than one month, Owner will make monthly partial payments to Contractor an the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by Contractor, less the reainage (all as provided for in the Contract Documents), which is to be withheld by Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. B. The Work must be completed in 75 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 $4 000.00 dollars per day 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City deems the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, Contractor must, at its expense within five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor will be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in theOWIH14¢ and in the form satisfactory to the City. Work activity is limited to the hours from 7:00 a.m. through 5:00 p.m., on weekdays, Monday through Friday— Section 7-15 and 7-16 of the City's Code of Ordinances. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. II. SPECIFIC REQUIREMENTS: The City is soliciting proposals from highly qualified firms for i.) demo and removal of the existing rock -in pool and surrounding support facilities ii.) furnish and installation of new playground and fitness structures and support facilities as outlined in the construction plans at South Miami Park, located at 4300 SW 58 Avenue, South Miami, FL 33143. All work shall be completed as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachment A, B, C & D. Respondents shall review enclosed specifications, engineering construction plan documents, tree survey details. Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). III. SITE LOCATION: The construction project will be held at the City of South Miami's South Miami Park, located at 4300 SW 58 avenue, South Miami, FL, 33143. IV. DESIGN PLANS & SPECIFICATIONS: "South Miami Park Playground and Park Improvement Design & Construction Plans" for this project are included as Exhibit 1, Scope of Services, Attachment B, including "Tree Disposition Plan." A copy of the geotechnical studies report is also included as Exhibit C, Attachment C, "Geotechnical Studies Report." V. PRICING - LUMP SUM PRICING: Proposal pricing must be submitted in a "Lump Sum" by completing Exhibit 3 "Respondents Bid Form" and shall 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. SCHEDULE OF VALUES: RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES FORM. EXHIBIT D." WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT D. WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES FORM," THE RESPONDENT MUST CARRY THE TREE MITIGATION ALLOTMENT AS WELL AS THE CONTINGENCY IN THEIR TOTAL BASE BID. 40 of 112 RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES LISTED ON THE PAY ITEMS, IF ANY. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. VL PROJECT DURATION: After permit(s) have been secured/approved, the Respondent is responsible for completing this project within seventy-five (75) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. VII''. Warranty: Respondent/Contractor should include the following with their E-bid: Applicable warranty and/or guarantees of all material and labor, including: • any conditions; and • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • life expectancy of LED lighting under normal use; and • Failures during the warranty period 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 to be free of significant defects in workmanship and materials for a period of one (1) year. If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. SPECIAL NOTE A PERFORMANCE AND PAYMENT BOND IS NOT REQUIRED FOR THIS PROJECT. END OF SECTION 41 of 112 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B NEW PLAYGROUND & FITNESS STRUCTURE IMPROVEMENTS AT SOUTH MIAMI PARK RFP #PR2021-35 "South Miami Park Playground and Park Improvement Design & Construction Plans" "Tree Disposition Plan" Prepared by: SRS ENGINEERING, INC. 42 of 112 VI N Pri 4 L 1N3W-/\Nd IlVPdSV Kol 0 J Y Z J _Z Q S C) S CD Ili I W SVV 83d 36 Ol 3Sd8 401Hl .2 S1NIOf' >IlVM301S A0 3-l8b'1 NVIJ 1NIOf„d„ 3dJd >I-ldM= � ONIl� I ow- d c a l3 >i-lvm3aIS M3N c 1NIC'" '0'd ('d)a) 3N1-1 M/dbl ; 1N10f >I-IdM3aIS 301M „9-,O L ?J03 „V-,6 A�13A3 IV d '>IIVM3aIS 301M ,8 803 ,8 ,A?DA3 IV d AlVM3aIS 301M ,S �103 ,S ,k83A3 IV 1) :(338dOl3ddd 3d3HM) 3 38 7VHS SlNIOf a3M`dS/-108iNOO „8„ 3 dJll N S � , v p —3b1831dW NOISNddX3 ---) )IN38d „Z/ l .,S/ L „d„ 3d�ll (S1NIOf 3d ki N3dO) „d„ 3dAi II 0 U z�_ Frd �UF w J w z� X X X z O + w w U W> / LLU no WF CLWrn aLL &z LU3 m aSa 0 L X X/I M 1, AWN 1 PROPOSED SWING FEN E SET AREA REFER TO CIVIL PLANS ( ) 2-BELT SEATS - X 1-BUCKET SEAT 1-EX RESSION SWING CON RETE BAND (REF R TO SHEET L-2.1 x (REFER TO IVIL PLANS) FOR DETAILS) "34AFETY ZONE PROPOSED ,�,�; ' /. CANOPY oA PROPOSED 2- YEAR OLD TREE TYP. ( ) > PLAYGROUND EQUIPMENT (SEE REFER TO SHEET L-2.1 LANDSCAPE ( N SCAPE FOR DETAILS ) PLANS) i I` ,'�` � 51�h IN Ihi � U) } LO N LLJ Of U li CO V ) Q Z Q Of NW LL U � Q Q 2E U o W J a o o W w J N J C I � (n W z � W coLU Q � W U W H * C/) T— S i LANDSCAPE SPECIFICATIONS 1. GENERAL 1.01 The contractor shall obtain and pay for all permits related to this section of work unless previously excluded. 1.02 Before changes or substitutions can be made du to unavailability of plant material, submit evidence of having undertaken Landscape Architect. of locating plant material that is acceptabl 1.03 In the case of discrepancy in the plant quantities etween the plan drawings, plant call outs, plant list or plant schedule, the r�i�mber of plants or square footage of the planting drawn on the plan drawings shall be deemed, a prevail. 1.04 Evidence of inadequate protection following diggit ig, carelessness in transit, or improper storage or handling shall be cause r rejection. 1.05 Submittals: Contractor to submit all product subm ttals 8 weeks prior to installation of plantings. a) Product Data: submit manufacturer product data an( literature describing all products required by this section to the Landscape Architect for approval. b) Samples: submit samples of each product and mat 'al where required, to the Landscape Architect for approval. Label sample to indicate product, characteristics and locations Samples will be reviewed for appearance only. Com Hance with other requirements is the responsibility of the Contractor. c) Plant sources: submit sources of plants to the Land cape Architect for approval. 1.06 Pre -Construction Conference: Contractor shall s+edule a pre -construction conference with the Landscape Architect at leas{ seven (7) days before beginning the work, to rev questions the Contractor may have regarding the work, Odministrative procedures during construction and project work schedule. 1.07 The Landscape Architect shall be informed of the progress of the work so that the work may be observed at the following kel times in the construction process. a) Site Conditions Prior to Start of Planting - to review oil and drainage conditions b) Completion of Plant layout staking- review of plant IE yout c) Plant Quality- Review of plant quality at time of deliv ary and prior to installation. The Landscape Architect reserves the right to E elect and observe all plants at the nursery prior t( a particular defect or substandard element can be rrected at the nursery as determined by the landscape architect, the agreed upon remedy may be applied by the nursery or provided that the correction allows the plant to meet the requirements stipulated in this section. Any work to correct defects sh ill be at the contractor's expense. The landscape architect may choose to attach their seal to each plant or a representative sample. Viewing or sealing of plants by the Owner's representative at the nursery doe preclude the landscape architect to reject the plant aterial while on site. d) Completion of the Planting- review the completed p! nting. 1.08 The Landscape Architect shall inspect all work for Sub 3tantial Completion upon notice of completion. Upon completion and re-il of the Landscape Architect, the Landscape Architect wil recommend to the Owner the Acceptance of the work. 1.09 Following Acceptance, maintenance of the plant mate ial shall become the Owners responsibility. The Contractor shall provide program at the time of Acceptance. Make periodic inspections of the Owners maintenance during the guarantee period. Submit writ keep the guarantee valid. 1.10 It is the responsibility of the contractor to be aware of Oil surface and subsurface conditions, and to notify the Landscape the health of plantings. Do not proceed with work until sati factory conditions have been corrected. 1.11 All plant material shall be guaranteed for a period ogone (1) year from the time of Acceptance. of all repairs or renewals necessary in tho Owner with a typewritten recommended maint4 report to the Owner of any corrective measures in writing of any circumstances that would nega 1.12 Sod shall be guaranteed for a period of 90 days from the time of Acceptance. Replacement sod under this guarantee shall beguaranteed for an additional 90 days from the date installation. Repair any damage caused by sod replacemen at no cost to the Owner. 1.13 Plants shall be healthy, free of pests and disease, anc in flourishing condition at the end of the guarantee period. Plants shall be free of dead and dying branches and branch tips, bear foliage of normal density, size and color. 1.14 Replace dead plants and all plants not in a vigorous, t iriving condition, as determined by the Landscape Architect, during and at the end of the guarantee period, without cost to C soon as weather conditions permit and within the specified lanting period. a. Replacements shall closely match adjacent specim 3ns of the same species. Replacements shall be subject to all requirements stated in these specifications. b. Make all necessary repairs caused by plant replacement activities. c. The guarantee of all replacement plants shall extend for an additional one year period from the date of their acceptance after replacement. In the event that a replacement plant acceptable during or at the end of the said extended guarantee period, the Owner may elect either one more replacement, with ut guarantee, or credit for each item. 1.15 At the end of the guarantee period, the Landscape Ar hitect will inspect the work for Final Acceptance. Upon completion of all repairs or replacements necessary, in the judgeme Landscape Architect, the work will be recommended for Fin I Acceptance by the Owner. EXHIBIT I SCOPE OF SERVICES ATTACHMENT C NEW PLAYGROUND & FITNESS STRUCTURE IMPROVEMENTS AT SOUTH MIAMI PARK RFP #PR2021-35 "GEOTECHNICAL STUDIES REPORT" Prepared for: SRS Engineering, Inc By: Nelco Testing & Engineering Services, Inc. 56 of 112 REPORT OF SUBSURFACE SOIL EXPLORATION GEOTECHNICAL EVALUATION AND RECOMMENDATIONS SOUTH MIAMI PARK 4300 SW 58" AVENUE SOUTH MIAMI, FLORIDA OCTOBE112020 Prepared for: SRS ENGINEERING, INC. 5001 SW 741h COURT, SUITE 201 MIAMI, FLORIDA 33155 NELCO TESTING AND ENGINEERING SERVICES, INC. 13370 SW 131' Street, Suite 105 Miami, Florida 33186 57 of 112 H1dEq,' O 1 c NELED m`s II zaW 4 TESTING & ENGINEERING SERVICES. INC. October 12'h, 2020 SRS Engineering, Inc. 5001 SW 70 Court, Suite 201 Miami, Florida 33155 Reference: Report of Subsurface Soil Exploration and Recommendations Evaluation of Subsurface Conditions For the Proposed Construction: South Miami Park 4300 SW 581h Avenue South Miami, Florida NTES Project Number: B-201079 Dear Sirs, Following please find the report of subsurface soil explorations and geotechnical evaluation for the above referenced property. Test Borings and soil sampling took place on September 30'h, 2020 using procedures in general accordance with ASTM D-1586, the Standard Penetration Test. This report presents our findings, data, and recommendations. We appreciate this opportunity to assist you in this project. If you have any questions or comments, please call us at (305) 259-9779. Respectfully Submitted, NELCO Testinpnd'Pff&,eering Services, Inc. wZ G V Ve test a , k!s6 ssioral ngin$pK 4i C3107 �ta�rof 1?lor4a .` % N A 13370 SW 131s' Street, Suite 105, Miami, FL. 33186 (305) 259-9779 58 of 112 NELCO TESTING AND ENGINEERING SERVICES TABLE OF CONTENTS Page Introduction........................................................................................2 Project Information............................................................................... 2 Testing Program and Subsurface Conditions...................................................2 Evaluations and Recommendations Foundation Support & Recommendations • Soil Improvement / Foundation Recommendations ................................. 3 • Soil Bearing Capacity/Lateral Sliding Resistance for Foundations ................4 • Anticipated Settlement...................................................................4 • Soil Erosion................................................................................5 • Summary of Stratigraphy/Engineering Design Parameters ............................ 6 REPORT LIMITATIONS........................................................................ 7 APPENDICES Appendix ProjectLocation Map.............................................................................A Test Boring Location Sketch...................................................................... A Standard Penetration Test Boring Logs ......................................................... B 13370 SW 131 S` Street, Suite 105, Miami, FL. 33186 (305) 259-9779 59 of 112 NELCO TESTING AND ENGINEERING SERVICES Subsurface Soil Exploration and Recommendations For South Miami Park 4300 SW 5811 Avenue South Miami, Florida INTRODUCTION The purpose of this sub -surface exploration was to obtain data in order to provide an evaluation of the sub -surface conditions and recommendations for foundation design for support of the proposed construction. PROJECT INFORMATION Site survey, location, and construction information was provided by Mr. Ignacio Serralta, P.E. of SRS Engineering, Inc. At the time of testing, the subject property was observed to be an existing City of South Miami Park facility. Proposed construction consists of various improvements to the existing park facility including a proposed shade structure addition. TESTING PROGRAMISUB-SURFACE CONDITIONS Sub -surface exploration consisted of two (2) Standard Penetration Test Boring conducted conforming to the guidelines as set forth in ASTM D-1586. Testing was performed on September 301", 2020. A review of the Test Boring Report generally indicates that the site is mantled by approximately 3.5 to 4.0 feet of topsoil (0.5 feet) and sand with gravel. Beneath, soft to medium dense sandy limestone bedrock was encountered throughout the maximum explored depth of fifteen (15) feet below existing grade. Groundwater at the time of testing was encountered between approximate depths of 3.5 and 4.0 feet below existing grade. Please refer to the enclosed appendices for location, classification, and stratification information. 13370 SW 131" Street, Suite 105, Miami, FL. 33186 (305) 259-9779 60 of 112 NELCO TESTING AND ENGINEERING SERVICES SOIL IMPROVEMENT / FOUNDATION RECOMMENDATIONS 1. Remove any surface vegetation, topsoil, and organic material within building areas plus five (5) feet outside the building footprint. The area under footings, foundations, and concrete slabs on grade shall have all vegetation, stumps, roots, and foreign materials removed prior to placement of fill. 2_ Compact the cleared area to a minimum compaction of 95 percent of the dry soil density as determined by the Modified Proctor Test — ASTM D-1557. 3. If any fill material is necessary, fill and compact the cleared areas in lifts not greater than 12 inches of compacted thickness to elevate to the required grade. Fill material for areas in support of footings is to be a mixture of limerock and sand (minimum LBR 40) free of vegetation, organic material, construction debris, and large rocks. Fill material for slab on grade areas may be clean sand, filled and compacted in lifts not greater than 12 inches of loose material. The maximum size of fill material (rocks) within 12 inches below the floor slab shall be no more than 3 inches in diameter. Notes on site improvement operations and materials encountered: a. The anticipated depth of soil that is expected to be removed is approximately 0.5 feet in order to clear any surface vegetation and organic material. Deeper depths are not expected, however may be required. b. Concrete pavement, building rubble, concrete foundations and any other debris encountered at or below the existing ground surface should be removed as part of the site preparation process for the proposed construction area. Vegetation, topsoil, roots and other deleterious materials (typically 4 to 6 inches), deemed unsuitable shall be removed from the proposed construction areas, and replaced with controlled fill as outlined herein. c. Any existing utility lines, tanks, and wells should be relocated or properly abandoned or plugged, as these may provide a conduit for the erosional effects of storm water on soils in support of proposed new building foundations. d. Should any material be found to contain questionable amounts of organic content (or be deemed unsuitable) during site clearing operations, the geotechnical engineer must be notified immediately in order to reevaluate the recommendations enclosed herein. 4. All fill material shall be inorganic containing no more than 5% by weight organic material. Silt -size fine particulates (material passing the No. 200 Sieve) in fill material shall be limited to less than 10% by weight. 13370 SW 131" Street, Suite 105, Miami, FL. 33186 (305) 259-9779 61 of 112 NELCO TESTING AND ENGINEERING SERVICES 5. Embed foundation/footings to depths as required per structural engineer, based on vertical and lateral soil bearing criteria, and soil engineering parameters, herein. 6. Compact each lift of fill material and excavated footings to a minimum compaction of 95 percent of the dry soil density as determined by the Modified Proctor Test — ASTM D-1557 prior to placement of any additional fill required. Prior to compaction, the moisture content of each lift of fill material shall be adjusted to within plus/minus 2 percent of the optimum moisture as determined by the Modified Proctor Test — ASTM D-1557. 7. Compaction of building site (if so required) shall be verified by means of one Field Density Test for each 2500 square feet or fraction thereof for each lift of compacted soil for building pad or slab area. Field density tests shall be performed as per ASTM D-2922. 8. All Geotechnical work must be performed under the supervision of our geotechnical engineer or one of his representatives, in order to verify compliance with our specifications. SOIL BEARING CAPACITIES AND LATERAL SLIDING RESISTANCE FOR FOUNDATIONS Our observations, exploration, and evaluation, supplemented by a review of sub -soil profile developed from the soil engineering Standard Penetration Test, indicate that the soils found, after improvements as specified, will be suitable for supporting foundations proportioned for a maximum allowable vertical bearing stress of 3000 pounds per square foot, based on total load. Lateral bearing capacity may be proportioned for an allowable lateral capacity of 150 PSF/ft. in gravelly sands, 400 PSF/ft in limestone bedrock Lateral sliding resistance may be calculated using a coefficient of friction of 0.25. ANTICIPATED SETTLEMENT Provided that foundations and soils (existing and fill material), are engineered and constructed in accordance with our recommendations and specifications the maximum total foundation settlement is expected to be less than 1 inch. Differential settlement between adjacent foundations is expected to be '/z of total settlement. 13370 SW 131 S` Street, Suite 105, Miami, FL. 33186 (305) 259-9779 4 62 of 112 NELCO TESTING AND ENGINEERING SERVICES SOIL EROSION The possibility exists for erosion to occur on soils providing structural support for any proposed or existing footings/foundations. This should be considered and addressed during the design and construction process for both existing soil and structurally placed fill material in support of any footings/foundations. The site should be graded to provide positive drainage to reduce storm water infiltration. A minimum gradient of one percent for asphalt areas should be maintained. A three percent gradient should be maintained for landscaped areas immediately adjacent (within 5 feet) to the building. In general, water should not be allowed to collect near the surface of the foundation or floor slab areas of the structures during or after construction. If water were allowed to accumulate next to the foundation, it would provide an available source of free water to soils underlying the foundation. Similarly, surface water drainage patterns or swales must not be altered so that runoff is allowed to collect next to the foundation. Temporary drainage provisions should be established, as necessary, to minimize water runoff into construction areas. Since soils generally tend to soften when exposed to free water, provisions should be made to remove seepage water from excavations, should it occur. Also, undercut or excavated areas should be sloped toward one corner to facilitate the collection and removal of rainwater or surface runoff. Adequate protection against sloughing of soils should be provided for workers and inspectors entering the excavations. This protection should meet O.S.H.A. and other applicable building codes. Completed foundation elements should also be protected through vegetation and/or asphalt/concrete cover. 13370 SW 131" Street, Suite 105, Miami, FL. 33186 (305) 259-9779 63 of 112 NELCO TESTING AND ENGINEERING SERVICES Summary of Stratigraohy and Engineering Design Parameters Soil data obtained during this subsurface exploration has been used to establish shearing strength and deformation characteristics for the various soil layers encountered at the site. These parameters may be used as guidelines for foundation system design. The engineering analysis based on these parameters was performed in accordance with generally accepted engineering principles and practices. Design Soil Parameters Internal E5o Moist Unit Subgrade Angle of Cohesion 50% Soil Type Weight Modulus Friction (psf) Strain (Pcfl (Pei) (Degrees) Value SANDS AND 31 0 110 140 --- GRAVELLY SANDS SANDY LIMESTONE 35 3000 130 350 0.005 Angle of External Friction, Coefficient of Earth Pressure: Please refer to the following table for 6, K°, Ka, and Kf, values. S, Angle of @ Rest, K. Active, K� Passive, Kp External Friction SANDS AND 20.670 0.485 0.320 3.124 GRAVELLY SANDS SANDY 23.330 0.426 0.271 3.690 LIMESTONE 13370 SW 13151 Street, Suite 105, Miami, FL. 33186 (305) 259-9779 6 64 of 112 NELCO TESTING AND ENGINEERING SERVICES REPORT LIMITATIONS The recommendations submitted are based on the available subsurface information obtained by Nelco Testing and Engineering Services, Inc. (NTES) and design details provided by SRS Engineering, Inc. for the proposed project. If there are any revisions to the nature, design or location of proposed structures, NTES should be notified immediately to determine if changes in recommendations are required. If NTES is not retained to perform these functions, NTES will not be responsible for the impact of those conditions of the project. The geotechnical engineer warrants that the findings, recommendations, specifications, or professional advice contained herein have been made in accordance with ASTM specifications, and generally accepted professional geotechnical engineering practices in the local area. No ether warranties are implied or expressed. Evaluations expressed in this report are based on field observations and data collected during exploration. Variations throughout the sub -surface profile may exist between designated boring locations, and in inaccessible areas with existing structures. These may not become evident until construction operations have commenced. Should any variations become evident, NELCO Testing and Engineering Services, Inc. must be notified. A reevaluation of the information and professional opinions expressed in this report may be necessary. NELCO Testing and Engineering Services, Inc. does not guarantee any existing subsurface condition between test locations. Please note analysis and recommendations mentioned in this report are obtained from the borings performed at the indicated locations on the "Soil Boring Test Location Sketch" included in this report. Local variations outside of the vertical reach of the boring locations may be encountered. Descriptions represent our interpretation of the subsurface data and observations at the specific boring locations, on the date tested. This geotechnical report has been prepared by NTES for the intended use of SRS Engineering, Inc. and the specific application to the named project as described. This report does not evaluate or address any environmental criteria — this information should be obtained through a Phase I Environmental Site Assessment (ESA) if so required. Any third -party use of this report should be conducted with the expressed written permission of NTES. 13370 SW 131" Street, Suite 105, Miami, FL. 33186 (305) 259-9779 65 of 112 NELCO TESTING AND ENGINEERING SERVICES APPENDIXA • Project Location Map • Standard Penetration Test Location Sketch 13370 SW 131 s' Street, Suite 105, Miami, FL. 33186 (305) 259-9779 66 of 112 SO w .a:.[•'.��t^ ��1 psi tS µ --�-�.... _`- 71 .�„ aI rw i. 71--`' 6 M " SW .41 ST ST AnL- n'v1"AtfG AitO 111411 �_ '� •(•q .� _ �; r r, : i Ili ,. IV- •�. »�r' r na 1 •a ;>1, q,a. cW ;4ZND SrAN TO(ptIA1N11,VE •1.-if\`—_-w +' r ,�i1 4 �lr.. yr Y�:i p 1 h1, -.;A iu'r-.N _��.�; _'w�.... • SW 4-2ND i.'.ER `�j y, , 17. �If j 10 24 th .. fi � " .f � ;� rl � ..� ._ _ �'qr'—,• � /+yam 'C�'c}�r. _ .CW'.44TH, TER1.4 Yr `' iY�Q.�, �2A -i ?V yr i v M 9*M`4'WHI+TO .r...� _ _.�^,�.��t5•.W�46TH ST,- Not ga's a di 1 r�x o 1 7,SW 46TH T.ER•.''��+' , �'�' i '�, yr �M- 47TH STs *� v " a l.Li' L t .. -. i x. `� Ml �I fl `Di `� ..I M j. •— i�a.1- ]- . I I 1 'I G'A SA ..c 9 NELCO TESTING AND ENGINEERING SERVICES Soil Boring Test Location Sketch I. R ® Soil Boring Test Location 13370 SW 131s` Street, Suite 105, Miami, FL. 33186 (305) 259-9779 E u 0 68 of 112 NELCO TESTING AND ENGINEERING SERVICES APPENDIX B • Standard Penetration Test Boring Logs 13370 SW 131" Street, Suite 105, Miami, FL. 33186 (305) 259-9779 11 69 of 112 STANDARD PENETRATION TEST BORING LOG N Nelco Testing & Engineering Services, Inc. TESTING E ENGINEERING SERVICES. INC 13370 SW 131 Street, Suite 105 Miami, Florida 33186 Client: SRS Engineering, Inc. Project: South Miami Park Project Location: 4300 SW 58 Avenue, South Miami, Florida lLStrata Name Description 0 o Topsoil Dark hrnRn 1 o M Limestone gravel N ith some grrrish hrmen Gravel with some sand a,,,p 7 s 3 a 4 Sandy limestone Tan. sandy, sn( in medium dense 5 6 7 8 9 10 11 12 13 14 15 End of Boring 16 17 18 19 20 Per ASTM - D 1596. Standard Penetration Test Date: September 30, 2020 Job Number: B-201079 Test Boring Number: 1 SAMPLE Standard Blow Penetration Test Court 2 N-value a Blows/ft E 6" 6" > 10 30 50 70 90 z z _ 6 ,4 1 56 22 15 16 13 2 20 7 9 18 16 3 39 22 20 17 14 4 26 12 10 10 13 5 II II 24 10 9 6 11 ' 4 3 3 3 {I+ 7 61 3 8 X Sheet I of 1 70 of 112 STANDARD PENETRATION TEST BORING LOG ��LE® Nelco Testing & Engineering Services, Inc. WE W 6 ENGINEERING SERVICES INC 13370 SW 131 Street, Suite 105 Miami, Florida 33186 Client: SRS Engineering, Inc. Date: September 30, 2020 Project: South Miami Park Job Number: B-201079 Project Location: 4300 SW 58 Avenue, South Miami, Florida Test Boring Number: 2 SAMPLE Standard Blow Penetration Test -1 o Count N-value Strata Name Description - ,.9.- Blows/a = 6" 6" 10 30 50 70 90 Z Z Topsoil Dark hrnwn 4 ] Sand with some gravel Dark bromi faith .son, elimestole,c,,iI, /I 1 1 10 16 2 F 8 10 3 2 — i 13 41 4 - Sandy limestone Tan. sandy, soft to medium dense 27 29 5 3 45 16 15 6 12 Io 7 4 - 1g 8 5 24 9 16 r 6 10 k 9 (, 11 6 8 ' 17 ; 4 13 7 - - — 7 3 3 14 2 2 15 - - 8 - X End of Boring 16 17 18 19 20 Per ASTM - D 1586, Standard Penetration Test Sheet I of 1 rf[7ifi% Southkiami Tnt ❑TV Of PLEASANT Lk ING ADDENDUM No. #1 Project Name: NEW PLAYGROUND IMPROVEMENTS RFP NO. PR2021-35 Date: April 21, 2021 Sent: Fax/E-mail/webpage & FITNESS STRUCTURE This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. NOTE: PLANS ATTACHED TO ADDENDUM NO.I REFERRED TO AS EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B "SOUTH MIAMI PARK PLAYGROUND & PARK IMPROVEMENT DESIGN & CONSTRUCTION PLANS," AND "TREE DISPOSITION PLAN" SHALL REPLACE EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B AND SHALL BE A PART OF THE RFP BY WAY OF REFERENCE. OUESTION #I Are you willing to accept Play & Park Structures as an alternate to LSI? RESPONSE: The City is open to reviewing at, at a minimum, equal substitutes as long as the overall design, concrete band and safety/use zones do not increase, and the proposed recognized playground play types do not reduce. QUESTION #2 Are you willing to accept Action Fit as an alternate to Greenfield? RESPONSE: The City is open to reviewing, at a minimum, equal substitutes as long as the overall design, concrete band and safety/use zones do not increase, and the proposed fitness structure selection/types do not change. T of 16 QUESTION #3: Are you willing to accept Ultra Site as an alternate to DuMor? RESPONSE: Yes, we are open to reviewing, at a minimum, equal substitutes. QUESTION #4: Does the prospective bidder have to be a unionized contractor to bid on the project in the subject line? RESPONSE: There is no requirement for a prospective bidder to be a unionized contractor. QUESTION #5: What is the estimated price value for this project? RESPONSE: The City budgeted $200,000 (includes grant funding) in its 5-year Capital Improvement Program Plan. QUESTION #b: Are you maintaining a plan holders list? RESPONSE: A Plan Holders list is maintained by Demand Star.com and will be available upon request after the bid closing. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. 2 of 16 ADDENDUM NO. I April 21, 2021 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B NEW PLAYGROUND & FITNESS STRUCTURE IMPROVEMENTS AT SOUTH MIAMI PARK RFP #PR2021-35 "South Miami Park Playground and Park Improvement Design & Construction Plans" "Tree Disposition Plan" Prepared by: SRS ENGINEERING, INC. 3of16 VI N U� i \- L7J co m 2 N F w N In X O w �-- 1N3AIAVd i�VHds;' Y _Z J Z_ Q S U S 0 sir m X C.� O cD O U U � U J X J � W w � lam° FiN U) Y 3 U) z 0 N Q O Oi 00 V) LO CD = z w o _c)Ln QXry00 :2wCD+I S`dd 83d 36 Ol 3Sd8 SiNior >II`dM301S 30 318`dl 4 O I Hl 9498 1NIOf„d„ 3d ki Nlvm= 0NII' OIS >IldM301S M3N IX3 f 3NIl M/ 7 >I-1dM301S 301M „9—,O L 803 „-V—,6 ,k83A3 IV d `>I-lVM301S 30IM ,8 803 ,8 Jl OA3 IV d >I-ldM301S 30IM ,S 803 ,S A83n3 IV 1) :(318VOl-lddd 383HM) 3 38 T3dHS S1N10f 03M`dS/-108iNOO „8„ 3dAi N v ` D r D —d1�DiVW NOISNddX3 ) hM d «Z/ l «g/ l NV Id rTs i mmml PRO 'Ord ('d)d) , , 1NIOr „d„ 3 dill (S1NIOf 3dJll N3dO) „` ,, 3d ki • r o • D r v Y ' • «Z/ L =d x X FEN E (REFER TO CIVIL PLANS) x CON RETE BAND (REFER TO IVIL PLANS) AFETY ZONE x (TYP.) , - i' PROPOSED 2- 3 YEAR OLD J PLAYGROUND EQUIPMENT (REFER TO SHEET L-2.1 F R DETAILS) X WN PROPOSED SWING SET AREA 2-BELT SEATS 1-BUCKET SEAT 1-EXPRESSION SWING (REF R TO SHEET L-2.1 FOR DETAILS) PROPOSED CANOPY TREE (TYP.) (SEE LANDSCAPE PLANS) r zo k r l 9a9 919ygy�gyy9[93�5p15 322�! u_-' ry LO r m rl- 0 c m �. m a 0' W a i t L1J Lo Lod' c o =� L r Z Q Q 0 Oir AQi, 0 W� 0_ 0 a o QW LL � U) � U) Z �w cs w T— Cn z Q \ z J w _> LLU 00 w cn O� CLw Ow ww C� x-x I�IlM ONE MM 01111010 01100010 SEE M ONE M M SEE SEE M M 0101 ONE ONE ONE M ONE ME i i X U U Z F Ln U J X J ~ LLJ W Y Z J 4)� t z 0 CD 2 z W 0 Ln 0 Ln Q X f-V- Od :21 w CD +I S` V 213d 36 Ol 3S`d8 4:D l Hl 998 1NIOr „d„ 3dJll >IIVM3( I ONl1Sf I I S1NIOf` >Ilb'M341S JO 318`dl NV id 1NICA n -1 J i i •O'd -- I is I C3 i >I-IbM3(J1S M3N I iL I - - - - - J (•dill) 3N1'l M/ , •1'd 1NIOr „d„ 3dAi AIVM301S 301M „9—,O L 803 „-V—,6 k83A3 iV d `A- VM3G1S 30IM ,8 803 ,8 )l83n3 ld d >i-I`dM301S 301M ,S 803 ,S k83A3 lb ►) :(318`dOl3ddd 3a3HM) 3 38 Tad HS Sl N IOr 03MdS/30a1 NOO „8„ 3d,,U N D . D V. I ♦ r D —` W31dW NOISN`ddX3 --� )W3W 993/ l (S1NIOr 3d)U N3dO) „d„ 3dAi ADDENDUM No. 5, DATE 5001 S.W. 74 Court Suite 2 Miami =lorida 33155 Tel: (3C5) 662-8887 Fax: (305) 662-8858 SCHEDULE OF V/ SOUTH MIAMI P PLAYGROUND AND PARK I CITY OF SOUTH t PAY ITEM DESCRIPTION GENERAL SITE WORK 1.1 PERMIT FEES 1.2 MOBILIZATION 1.3 DEMOLITION (CURB) 1.4 EARTHWORK, NET FILL (FACTOR 1.0) 1.5 FILLED POOL EXCAVATION 1.6 MATERIAL DISPOSAL 1.7 SOD RESTORATION (MATCH EXISTING) 1.8 SILT FENCE 1.9 INLET PROTECTION SYSTEM PLAYGROUND AND SIDEWALK IMPROVEME 2.1 CONCRETE SIDEWALK (4" THICK) 2.2 CONCRETE CURB (TYPE "D") 2.3 CONCRETE TRANSITION CURB 5001 S.W. 74 Court Suite 2 Miami, Florida 33155 Tel: (305) 662-8887 Fax: (305) 662-8858 SCHEDULE OF V/ SOUTH MIAMI P PLAYGROUND AND PARK CITY OF SOUTH I PAY ITEM DESCRIPTION LANDSCAPING 3.1 TREE REMOVAL WITH STUMP 3.2 CANOPY TREE (16' HT, 4" DBH, 9' SPREAD, FIELD GROWN) 3.3 PLAYGROUND EQUIPMENT (2-5) WITH SWING(S) 3.4 PLAYGROUND EQUIPMENT (5-12) WITH SWING(S) 3.8 EXPRESSION SWING (TODDLER) 5" TOPRAIL 3.9 EXERCISE EQUIPMENT 3.16 SITE FURNITURE: DUMOR 6' BENCH 'WALNUT' RECYCLED PLASTIC - 88SER PL-3AR 3.17 SITE FURNITURE: END/CENTER ARMREST FOR BENCH SERIES 88 3.18 SITE FURNITURE: DUMOR 40 GAL. TRASH RECEPTACLE 'WALNUT' RECYCLED PLASTIC - 44-40PL-0001 W/ CVR-30-RC-0195 3.19 AS -BUILD DRAWINGS (CAD & PDF FILES) TOTAL GENERAL SITE WORK, PLAYGRI 4.1 CONSTRUCTION CONTINGENCY COST- 10% EXHIBIT 2 NEW PLAYGROUND & FITNESS STRUCTURE IMPROVEMENTS AT SOUTH MIAMI PARK RFP #PR2021-35 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) 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 31,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: - Personal Injury: $1,000,000; - Medical Insurance: $5,000 per person; - Property Damage: $500,000 each occum5MM2 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. 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 as7E prpvide 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 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 alffd8W&s, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-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. 78 of 112 EXHIBIT 3 NEW PLAYGROUND & FITNESS STRUCTURE IMPROVEMENTS AT SOUTH MIAMI PARK RFP #PR2021-35 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I . If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, Including as set forth in Exhibit 1 (Scope of Services, Attachment A, % C & D) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, If required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation. required insurance documents, and other documents required by the Solicitation, including the Contract 9 not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. 1,2,3,4,5 & 6 Dated: 04/21,04/30,5/ 10,5/ 12,05/ 17 & 05/ 19/2021 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. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre -bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid. or proposal price, has taken into consideration all possible underground conditions and Respondent, If awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. Ill. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assume'9i4sVdAnsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE:-H Z ,' r0S / dollars and S� Alternates: #1389i72 Z6#z A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non -responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I, Scope of Services, Attachment A, B & C shall be completed, in full, within 75 calendar days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person LEADEX CORPORATION 305-264-5350 Frank T Fonseca, P. E cell: 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the 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. 80 of 112 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct SUBMITTED THIS 20th DAY OF May 2021 PROPOSAL SUBMITTED BY: LEADEX CORPORATION 305-266-2028 Company Telephone Number Frank I Fonseca, P. E. 305-264-5350 Name of Person Aurhojiy d Ro Submit Proposal Fax Number frank@leadexcorp.com Signature Email Address END OF SECTION 81 of 112 C'• 0 ENGINEERING.INC. 5001 S.W. 74 Court Suite 2 Miami, Florida 33155 Tel: (305) 66248887 Fax: (3O5) 662-8858 ADDENDUM No. 5, DATED May 17. 2021 SOUTH MIAMI PARK PLAYGROUND AND PARK IMPROVEMENTS CITY OF SOUTH MIAMI ALTERNATE BCI BURKE PLAYGROUND EQUIPMENT GREENFIELD OUTDOOR FITNESS EQUIPMENT DATE 5//4l2021 PAY ITEM DESCRIPTION UNIT TOTALwANNTY I UNITPWCE TOTAL GENERAL SITE WORK 1.1 PERMTTFEES IS. 1.00 $1,650.00 $1,650.00 1.2 MOBILIZATION L.S. 1.00 $8,188.00 $8.188.00 1.3 DEMOLITION (CURB) LF. 35 $16.50 $57Z5O 1.4 EARTHWORK NET FILL (FACTOR 1.0) C.Y. 300 $38.72 $11,616 1.5 FILLED POOL EXCAVATION C.Y. 450 $19.80 $8,910.00 1.6 MATERIAL DISPOSAL C.Y. 750 $3.05 $2.287.50 1.7 SOD RESTORATION (MATCH EXISTING) S.Y. 250 $17.76 $4,440.00 1.8 SILT FENCE LF. 900 $1 25 $1,125.00 1.9 INLET PROTECTION SYSTEM EA. 3 $120.00 $360.00 SIBTOTAL GENERAL SITE WORK $39.154.00 PLAYGROUND AND SIDEWALK IMPROVEMENTS 2.1 CONCRETE SIDEWALK (4- THICK) S.Y. 310 $84.60 $26,226.00 2.2 CONCRETE CURB (TYPE -D-) LF. 79 528AO $2,243.60 2.3 CONCRETE TRANSITION CURB LF. 33 $21.80 $719.40 2.4 CONCRETE SLAB (6• THICK) C.Y. 18 $453.62 $8.165.16 2.5 CONCRETE BAND (12- THICK) LF. 490 S3O.G4 $14.719.60 L6 DETECTABLE WARNING SURFACE S.F. 55 523.O0 51,265.00 2.7 PAINTED PAVEMENT MARKING (STANDARD) (WHITE) (SOLD) (4) LF. 305 $2.88 $878AO 2.8 PAINTED PAVEMENT MARKING (STANDARD) (WHITE) (SOLD) IS-) LF. 200 $3.00 $600 GO L9 COMPACTED AGGREGATE - 4' OF 3/4' MINUS IRREGULAR STONE WITH FINES COMPACTED TO SS% IN 2' WATERED LIFTS S.Y. 373 516.65 56,21O.45 LiO W THICK LIMEROCK BASE COURSE COMPACTED TO MIN. 98% (MODIFIED PROCTOR) MIN. LBR=100 PER AASHTO T-180 S.Y. 418 $44.16 $18,458.88 2.11 POURED -IN -PLACE RUBBER SURFACE (4- THICK - 50%COLOR / 50% BLACK) S.F. 3.353 $14.37 $48,182.61 2.12 CHAIN LINK FENCE. TYPE 'ET. C H1G1 LF. 173 $60.00 $10.380.00 2.13 FENCE GATE. TYPE'W, DOUBLE, 12' OPENING EA 2 51.437.5O $2,875.00 SUB -TOTAL PLAYGROUND AND SIDEWALK IMPROVEMENTS $140,924.10 2 EAA-4- �J- i 5001 S.W. 74 Court Suite 2 Miami. Florida 33155 Tel: (305) 662-8887 Far (305) 662-BSSS ALTERNATEI BCI BURKE PLAYGROUND EQUIPMENT GREENFIELD OUTDOOR FITNESS EQUIPMENT SCHEDULE OF VALUES L SCNJUI MIAMI PARR PLAYGROUND AND PARK IMPROVEM(3NTS CITY OF SIXITH MIAMI DATE 5/14/2021 PAY ITEM DESCRIPnON UNIT TOTAL QUANTITY UNIT PRICE TOTAL LANDSCAPING 3. t TREE REMOVAL WITH STUMP EA 14 $287.50 $4.025.00 32 CANOPY TREE (I& HT. 4• DEN, 9' SPREAD, FIELD GROWN) EA 12 $1.530.00 $18,360.00 33 PLAYGROUND EQUIPMENT (2-5) WITH SWWG(5) EA 1 $51,242.52 $51,242.52 3.4 PLAYGROUND EQUIPMENT (5-12) WITH SWING(S) EA i $40,098.00 $40,898.00 3A EXPRESSION SWING (TODDLER) 5- TOPRAIL EA i 52,034.00 $2,034.00 3.9 EXERCISE EQUIPMENT EA 5 $7.433.14 $37,165.70 3AS SITE FURNITURE DUMOR V BENCH WAUNUf RECYCLED PLASM - 885ER PL-3AR EA 4 $2.521.32 $10,09528 3.17 SITE FURNITURE END/CENTER ARMREST FOR BENCH SERIES 88 EA 12 $227.D3 $2,724.36 3.18 SITE FURNITURE DUMOR 40 GAL TRASH RECEPTACLE WALNUT RECYCLED PLASM - 44.40PL-0001 W/ CVR-30-RC-0195 EA 0 $3,150.00 $0.00 3.19 AS -BUILD DRAWINGS (CAD 6 PDF FILES) L.S. 1 $6,050.00 $6.050.00 SIB -TOTAL LANDSCAPING $172.584,86 TOTAL GENERAL SITE WORK, PLAYGROUND AND SIDEWALK IMPROVEMENTS, LANDSCAPING $352,662.96 0 1 CONSTRUCTION CONTINGENCY COST- 10% LS. CAD $35,266.30 GRAND TOTAL CIVIL OFFSITE COST. $387,92926 South Miami Park City of South Miami May 17, 2021 Director Quentin Pough City of South Miami 5800 SW 66th Street South Miami, FL 33143 Dear Director Quentin Pough: Leadex Corporation is delighted to provide City of South Miami with this playground equipment proposal. This design was developed with your specific needs in mind, and we look forward to discussing this project further with you to ensure your complete satisfaction. Leadex Corporation is confident that this proposal will satisfy City of South Miami's functional, environmental, and safety requirements - and most importantly, bring joy and excitement to the children and families directly benefiting from your new playground. You have our personal commitment to support this project and your organization in every manner possible. We look forward to continuing to develop a long-standing relationship with City of South Miami. We appreciate your consideration and value this opportunity to earn your business. Sincerely, Nelson Fonseca Leadex Corporation 1581 N W 88 Ave Doral, FL 33172 BC{BUIZO.COM Burke. 800.266.1250 Not included. Providing Greenfield Outdoor Fitness Equipment At Burke, movement is our mantra. It drives our purpose and ignites our passion to bring the best In playground design and the most innovative, developmentally rich play, outdoor fitness and recreation products. Our research and testing push us to create new and unique ways to challenge children, families, schools, communities, teams and individuals to move, to grow and to play. Play fosters opportunities for connection between generations and with our peers, provides growth and togetherness and moves us in so many ways. Join Our Movement® and experience the many ways play can move you. PLAY FOR HEALTH Movement is life and is one of the most important aspects in overall health and wellness for people of all ages and abilities. Burke has playground and fitness offerings that engage everyone in all stages of life to move. Our Nucleus® and Intensity® playgrounds feature a fusion of play that helps children engage in active play throughout the day for enhanced growth and developmental opportunities. ELEVATE® Fitness Course brings obstacle course fitness to a whole new level and is poised to engage children 5-12, teenagers and adults. ACTIVATE® Fitness Circuit and INVIGORATE® Dynamic Fitness are a great way to add events to a fitness trail or create a space for outdoor exercise. Our variety of fitness equipment will meet you where you are in your fitness journey and challenge you to be more. PLAY FOR YOUR MIND Playful experiences are learning experiences and children at play are developing a wide -variety of skills that range from problem solving and cognitive planning to memory and self -regulation. Each and every time a child plays they are contributing positively to their cognitive development and setting themselves up for future success. PLAY FOR CONNECTION Play provides us with common experiences, shared laughter and true connection. It brings communities together and helps us return to the simplicity of basic human connection and kindness. Parks and recreation spaces are critical because they lay the groundwork for the intergenerational engagement, interaction and development we all seek. Products such as Novoe Playful Furniture, with interesting pieces that can be used in a variety of ways, foster those opportunities by creating a space where everyone can interact and play together in their own way. The Konnectione Swing revolutionizes connection by promoting face-to-face connections and playing together. Every person of every age and ability brings their own unique experiences that enhance the collective and moves us all through play. PLAY FOR MOTION Motion play creates a childhood experience like no other by creating movement for children of all abilities and providing developmental benefits, including increased spatial awareness, inner ear stimulation and balance. Motion can be a source of calm for children with sensory processing differences while providing delight and excitement for children of all ages. PLAY FOR DEVELOPMENT Play is the work of childhood and helps children express themselves, monitor their emotions and develop a sense of identity that fuels their self-esteem and shapes their world view. Creating environments that foster this growth is at the heart of what we do at Burke and helps to teach resiliency and perseverance, all skills that transcend the playground and help children to develop into successful and healthy adults. BOBUP14E.COM BurKe 800.2GG.1250 Our miss on is simple — to bring Play That Moves You@ to communities around the world. This mission drives us each and every day to innovate the best in play, playgrounds, recreation and outdoor fitness equipment that help everyone find the best of themselves through play. We are passionate about our legacy of customer service and craftsmanship while looking to the future and always striving to be better. At Burke, play inspires us to create a community of people that are invested in growth, aren't afraid to commit to positive change and seek to enrich and enhance the lives of the people in communities where we serve and live. Researching, innovating and creating products that help commur ties and people grow and thrive is the core of our purpose. In our own community, we partner with organizations such as the YMCA and Boys and Girls Club of fond du Lac and we support, on a larger scale, organizations, municipalities, schools, churches and associations to Join Our Movement® and help let play lead the way for change. This is work that moves us and we hope the results move you. HANDCRAFTED IN AMERICA'S HEARTLAND Walk through our Fond du Lac, WI manufacturing facility and you will see playgrounds coming to life through the hands of our people. In the age of assembly lines, we work to combine efficiency with a personal touch that makes every playground special. Bringing quality playgrounds to communities like yours is Work That Moves Us, and we hope the playgrounds we make move you too. SUPERIOR SERVICE Custome Service is a hallmark of Burke and we take pride in the fact that when you call, we answer. We have factory -direct customer service represer.atives that are available to answer questions, help with replacement parts or field inquiries about installations. YOUR BURKE REPRESENTATIVE We as Burke Representatives are passionate about bringing play to your community and helping you design your perfect play environment! We are knowledgeable and experienced about the entire playground process from site evaluation to design to maintenance and will work with you beyond installation to make sure your playground is, and remains, all you dreamed! BCIBURKE.COM Burke 800.266.1250 r MORE THAN A CENTURY OF PLAY Guided by our legacy of innovation, customer service and creativity, we are making the very best and most innovative playground, outdoor fitness and recreation products in our history! Our founder J.E. Burke set the course more than a century ago and we're taking his vision and making it even bigger! Through research, analysis and continuous improvement, we're designing products and playspaces that bring Play That Moves You*'to communities for more fun, movement, engagement and development! Play is our passion, our mission and our business and we can't wait for you to Join Our Movement. BCIBURKE.COM Su\ Ke 500.266.1250 Discover the value of investing in a Burke Playground: KOREKONNECT® DIRECT -BOLT CLAMP SYSTEM: Nucleus` features our Industry -leading KoreKonnect direct -bolt clamp system resulting in the strongest and most accurate connection system ever. Factory located connection points make for easy, precise installation and an error -free fit. Best of all, KoreKonnect is covered for 100 years under our non -prorated Generations Warranty'. DIRECT -BOLT CONNECTION SYSTEM: Intensity', ELEVATE® Fitness Course, ACTIVATE® Fitness Circuit and Synergym feature Burke's trusted direct -bolt connection that uses a durable, straightforward direct -bolt system to ensure a trouble -free installation and provide the necessary strength to accommodate the demands of playing children. Like our KoreKonnect system, Direct -Bolt connections are covered for 100 years under our Generations Warranty. EZKONNECT® DECK MOUNTING SYSTEM - Our exclusive self -leveling deck attachment and factory CNC construction allows for faster and more precise location of decks during installation. The 2-bolt per comer deck attachment increases overall structure strength and stability. PLAT FORMS- Burke's oversized non -slip platforms are constructed of heavy-duty punched steel that can support more than 2 tons. Our vinyl coating is California compliant, free of lead and other hazardous heavy metals. TAMPER -RESISTANT STAINLESS STEEL HARDWARE- All hardware is covered for 100 years under our Generations Warranty. PREMIUM POWDER COATINGS - Our industry -leading powder coatings and finishes prevent fading, last longer and deter rust. We also offer a'coastal package" powder coat system. This special powder coat system for metal components and upright posts will provide additional corrosion and chemical protection along with added longevity to the co or and gloss retention of the powder coated parts. Contact your Burke Representative for more information on colors, price and warranty. COMPOUND PLASTICS WIT14 UV-20- You'll get long wear and bright, vibrant colors that hold up for years thanks to our thick, durable rotomc loed plastics with UV--20 protection. This is why we can cover them for 15 years under our non -prorated Generations Warranty. CLIMBING CABLES - Our dimming cables are flexible enough to provide movement, yet strong enough to last. Our ropes are made frcm 6 polyester cords with steel reinforcement wrapped around a synthetic fiber core. Each cord contains 8 galvanized steel strands tightly covered with polyester multi -fibers. Our RopeVenture® cables consist of 6 strands, each containing 24 stainless steel reinforcing strands within a nylon sleeve, wrapped around a solid nylon core. ALUMINUM CONNECTORS - Swivel connectors at the end of our ropes allow assembly at any angle with no unwanted twists in the net. The aluminum fittings used to secure thejoints are swaged in place to prevent any movement between the rope anc fittings that could cause wear. 1308URI4E.COM Bunke 800.2GG.1250 NPPS SAFETY KIT Burke truly gives you the most value for your money. As part of our Total Cost of Ownership Package, we offer value-added resources FREE with every playground structure purchase. The National Program for Playground Safety (NPPS) Playground Supervision Safety Kit helps supervisors and educators be prepared on the playground. Learn more at bciburke.com/safety. CUSTOM MAINTENANCE KIT To help maintain a safe, functioning playground we include a custom maintenance schedule, touch-up paint, graffiti remover and carrying case FREE with every playground structure purchase. PLANNING & FUNDING TOOLS We provide you with FREE tools to plan your playground from fundraising and design to installing a community build playground. At Burke, we understand the dedication and hard work it takes to raise the funds for playground equipment. That's why we created Funds for Fun, a direct donation fundraising program to help your organization raise the funds it needs for your new playground. We've also partnered with The School Funding Center to provide up-to-date grant information along with expert grant writing services. Learn more at bciburke.com/funding. FREE WITH EVERY BURVE PLAY STRUCTURE PURCHASE FREE FUNDRAISING TOOLS! BCIBUPVE.COM Bunke 800.266.1250 ADD MORE PLAY MOVEMENT AND FUN Biba brings more engagement, more fun and more people to play. It's another way to view and expand Play That Moves You. Biba on a playground brings games to kids, families and communities that meet them where they are and challenges them to spend more time outdoors moving, playing and developing skills that transcend the playground. At its core, Biba features a variety of games including popular and recognizable characters that will engage and expand the play value of Burke playgrounds like never before. Biba brings imagination, movement and fun :hat can't be found anywhere else! All you need is the Biba App, a Burke playground featuring Biba and the readiness for a whole new kind of playground experience. PLAY TOGETHER Engaginc kids and families and creating an experience that fosters social, emotional, physical and cognitive development is part of what Biba on a Burke playground offers. When everyone is engaged, more time is spent at the playground getting that much -needed movement, building relationships and having fun outside. PLAY GAMES Getting all the latest in playground games from the leader in outdoor mobile gaming is easy —just download the FREE App and find the nearest Biba playground and start having fun! PLAYGROUND ENHANCEMENT Breathing new life into your existing playspace comes from finding fresh, innovative and fun ways to use the space. Enter Biba. Taking an existing playground and adding Biba expands the play value of your existing environment and enhances the playground experience so that every adventure is new again. STATS IN PLAY Yes, stats in play ... you read that right! With Biba on your playground, you can have statistics at your fingertips. These statistics help parents follow along with their children's progress, while helping park managers understand their park usage, comparing playground facility usage and helping provide quantitative data to support future budget requests. Slats and play unite with Biba! CALL `OUR LOCAL REPRESENTATIVE AT 800.2G8.1250 OR VISIT BCIBURKE.COM/RIBA TO LEARN MORE. • oe.xwae. a. App Store ' �1 Gaogk Play BCIBURICE.COM Burke 800.2GG.1250 PLAYGROUNDS WITHOUT ALL THE PAPERWORK Purchasing with contracts may sound intimidating, but getting your community playspace doesn't need to be a painful process of writing specifications, issuing RFP's and jumping through hoops— it can be simplified — we promise! As you continue planning for your new commercial playground, review the Purchasing Contracts offered through our partners. Purchasing with one of these contracts simplifies the process and ensures the design and intent remain the same — serving as a place for your community to gather, grow and thrive. EQUALIS GROUP Equalis is an innovative cooperative purchasing organization that believes in the power of partnership and that when you work together you achieve more. The basic premise of the Equalis cooperative purchasing organization is to leverage the combined buying power of all members for better pricing and favorable contract terms. Equalis Group uses the lead agency model for competitively bid contracts, provides our participants the savings they expect and offers efficiencies and peace of mind within the procurement process. It is our mission to continuously improve the measurable and meaningful impact of cooperative services for everyone throughout the supply chain. OMNIA PARTNERS OMNIA Partners, Public Sector (Subsidiary National IPA) is the largest and most experienced organization in purchasing and supply chain management. Comprised of participants and suppliers in the public sector, we bring together industry -leading buying power and world -class suppliers to offer an extensive portfolio of competitively solicited and publicly awarded contracts and partnerships. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non -profits. HGACBUY Purchasing Burke playground equipment through HGACBuy gives your agency access to volume purchasing agreements and discounts, and there's no need to incur the time and expense of writing specs, issuing RFPs, advertising and evaluating bids. This can shorten your procurement cycle by months, while ensuring compliance with competitive bidding requirements. SOURCEWELL As a leader in cooperative purchasing, Sourcewell is passionate about helping members fulfill their public service missions. Sourcewell builds strong relationships with members and vendors to develop practical solutions together. The easiest way to Join Our Movement is to call your local Representative at 800.266.1250 or visit bciburke.com/rep. Our passion is bringing play to communities like yours and we can't wait to help you get started! 0equalis OMNIA® GROUP PARTNERS HGACBu Sourcewell . Zi Awarded Contract BCIBURKE.COM Burke, 500.266.1250 VIPER® SLIDE Verto Climber 3 Freestanding The Viper Slide can't be tamed, but kids love trying! Burke's unique Verto Climbers have one, two or three Viper's exciting twisty and fast serpentine action is climbing sections that can be combined in various guaranteed to generate incredible high-energy fun and configurations for unlimited adventures! safe, healthy play. Natureplay Transfer Stump Help all children get into the heart of the play with the Burke Transfer Station. At Burke, we take play for all seriously and want children of all abilities to enjoy the benefits of playing together. BCIBURKE.COM Bunke 800.266.9250 Clubhouse Retreat Roof The ClubHousedesign offers kids and families the opportunity to reconnect and rediscover the wonders of nature within a safe and durable environment. A full collection of C1ubHouse components, including climbers, panels, enclosures and roofs, cultivate imaginations and nurture the need for play. GORATE TM Arch Swings Swings help children develop coordination and balance while providing an engaging sensory experience. INVIGORATE Dynamic Fitness brings exercise oN and makes it more fun, more social and more invigor BCIBURVE.COM Burke 800.2GG.1250 Leadex Corporation is very pleased to present this proposal for consideration for the South Miami Park located in South Miami. BCl Burke Company, LLC has been providing recreational playground equipment for over 90 years and has developed the right mix of world -class capabilities to meet the initial and continuing needs of City of South Miami. We believe our proposal will meet or exceed your project's requirements and will deliver the greatest value to you. The following is a summary of some of the key elements of our proposal: • Project Name: South Miami Park • Project Number: 103-140286-1 • User Capacity: 93 • Age Groups: Ages 2-5 years, 5-12 years, 13+ years • Dimensions: 45' 2" x 164' 6" • Designer Name: Landon Berendsen Leadex Corporation has developed a custom playground configuration based on the requirements as they have been presented for the South Miami Park playground project. Our custom design will provide a safe and affordable playground environment that is aesthetically pleasing, full of fun for all users and uniquely satisfies your specific requirements. In addition, proposal # 103-140286-1 has been designed with a focus on safety, and is fully compliant with ASTM F 1487 and CPSC playground safety standards. We invite you to review this proposal for the South Miami Park playground project and to contact us with any questions that you may have. Thank you in advance for giving us the opportunity to make this project a success. BCBURKE.COM Bunke 800.266.1250 J � Z 2 Q W W ° 0 W Q 0 N ON W ♦- 01 i0 W a S J d lX ° Z ~ y W Z Q O j¢ W MZE p? N j 9 }} zZN N a c~i m OfN N OW ❑ pN ��jjn YJ L�l 8=mac t CoC � qo V��CLLNLp i s�S`$ �Ho E �9E E U edg8 82 j -E 2 yN FL Ej K s, f Fitness equipment to be Greenfield V £ _ Outdoors 7; :3Fz 6e_= SERIES: Basics, Fitness, Intensity, Nucleus South Miami Park SITE PLAN 4300 SW 58th Ave May 17, 2021 Leadex Corporation 103-140286-1 1 DRAWN BY: Landon Berendsen South Miami, FL 33143 BCI Burke Company, LLC PO Box 549 Fond du Lac, Wisconsin 54936-0549 Telephone 920-921-9220 rv�u (0 n m D �Z_I �770 [0 Z y N � C -n O Z � 7 Q N m C o y 7 CD ca Z < n m n y S » m T o o n W 0 _ =r CD m C r- 3 r ID W D f0 J K' Q W 7' to m 0 0 m m m N_ ro 0 0 r a _ m x o 'Cl O� N 0 L 1 274W07 CLUBHOUSE STANCHION 2 2740009 I @'CLOSURE PLATE. ELLIPSE 3 2740130 SQUARE PLATFORM 4 270-0130 SPUT SQUARE PLATFORM CLUBHOUSE UNITARY ENCL 5 2740192 6 270-0193 1 CLUBHOUSE OFFSET ENCLOSU 7 270-0194 1 CLUBHOUSE OFFSET ENCLOSU B 2704M CENTER MOUNT ENCLOSURE 9 27003W ABSTRACT PLATFORM LADDER 10 370-0016 GRAB BAR ASSEMBLY 11 374W38 CLUBHOUSE ASCEND ROCK CL 12 370470/8 SUDINGPOLE50'-77 13 370-0171 TRANGO CLIMBER CENTER MC 14 3704272 STAGGERED POD WALK 40' 15 3700771 CLUBHOUSE BOARD CUMBER 16 37MO51 VERTOCUMBER 3 FS 17 370-0854 VERTO CUMBER 18 370-1578 NATURE PLAY TRANSFER STU 19 370-1579 NATURE PLAY TRANSFER STUN 20 3741595 PULL-UP 21 370-1596 PUSH-UP 22 370,1601 CORE STATION 23 370-1008 OVISTEP LAUNCH PAD 24 3741SM LIFT N ROW 25 370-1545 MANITOUCUMBER48' 26 470-0025 CLUBHOUSE RETREAT ROOF 27 470.OBW ROOM ROLL SUDIE, 40' - 48' W 28 470AB04 SLIDE HOOD LOW SIDE WALL 29 470.OBW SLIDE HOOD HIGH SIDE WALL 30 470-M2 CSA VIPER R 64-72 W70 HDOD 31 550-OM TOT SEAT T&@'SINGLE STD 32 S540112 BELT SEAT B PAIR. STD CHAIN 33 550-0135 5'ODARCHSWING 34 W"136 5'OD ARCH SWING ADD -ON 35 550-0191 KONNECTION SWING 36 570-0779 BUBBLE- WINDOW PANEL -CLUBHOUSE FULL BOARDPAN 37 570-0782 38 570-2555 SIGN, PULL UP SIGN PUSH UP_ 39 570.2050 40 5742859 SIGN CORE STATION SIGN LIFT N ROW 41 570-2800 421 570-2086 INVIGORATE FITNESS ELLIPTIC) 43 5742667 INVIGORAt L Fi I NESS RECUMB INVIGORATE FITNESS CHEST P INVIGORATE FITNESS STRIDER FS SIGN INVIGORATE STRIDER FS SIGN INVIGOHA I E cH—E—sTpi 44 570-2690 45 570.2691 46 5742897 47 5742898 48 5742698 F5 SIGN INVIGORATE RECUMB 49 67427W FS SIGN INVIGORATE ELUPTI 50 580-0104 LITTER CONTAINER RECYC 51 5WO1 W 6 PVC TRADITIONAL BENCH 52 5B41294 FS WELCOME SIGN. AGES &12 53 SM1295 FS WELCOME SIGN AGES 25 ,J. L-,tt 14619H XeW IleJanO SERIES: Basics, Fitness, Intensity, Nucleus South Miami Park ELEVATION PLAN 4300 SW 58th Ave DRAWN BY: Landon Berendsen South Miami, FL 33143 17.2021 Leadex Corporation 103-140286-1 BCI Burke Company, LLC PO Box 549 Fond du Lac, Wisconsin 54936-0549 Telephone 920-921-9220 V- .MV' May 17, 2021 SERIES: Basics, Fitness, Intensity, Nucleus South Miami Park Leadex Corporation ISOMETRIC PLAN 4300 SW 58th Ave 103-140286-1 DRAWN BY: Landon Berendsen South Miami, FL 33143 BCI Burke Company, LLC PO Box 549 Fond du Lac, Wisconsin 54936-0549 Telephone 920-921-9220 Burke Proposal Prepared for: Director Quentin Pough City of South Miami 5800 SW 66th Street South Miami, FL 33143 Phone: 305-668-3867 Proposal # 103-140286-1 May 17, 2021 2021 Pricing Project Location: South Miami Park 4300 SW 58th Ave South Miami, FL 33143 Proposal Prepared by: Leadex Corporation 1581 N W 88 Ave Doral, FL 33172 Phone: 305-266-2028 Fax:305-264-5350 info@leadexcorp.com Nelson Fonseca Phone: 305-266-2028 Fax: 305-264-5350 Nelson@Leadexcorp.com Component No. Description Qty User Cap Ext. User Cap Weight Ext. Weight Phase One Intensity 370-1608 OVISTEP LAUNCH PAD 1 1 1 10 10 Nucleus 072-0500-116C 5" OD X 116" CAPPED POST 1 0 0 61 61 072-0500-132C 5" OD X 132" CAPPED POST 1 0 0 69 69 072-0500-136C 5" OD X 136" CAPPED POST 1 0 0 71 71 072-0500-140C 5" OD X 140" CAPPED POST 1 0 0 74 74 072-0500-148C 5" OD X 148" CAPPED POST 1 0 0 78 78 072-0502-180S 5" OD X 180" SWAGED POST 4 0 0 94 376 270-0007 CLUBHOUSE STANCHION 1 0 0 33 33 270-0009 8" CLOSURE PLATE, ELLIPSE 2 0 0 8 16 270-0130 SQUARE PLATFORM 1 6 6 106 106 270-0136 SPLIT SQUARE PLATFORM 2 4 8 103 206 270-0193 CLUBHOUSE OFFSET ENCLOSURE, R... 1 0 0 36 36 270-0194 CLUBHOUSE OFFSET ENCLOSURE, L... 1 0 0 35 35 370-0048 SLIDING POLE 56"-72" 1 1 1 27 27 370-0272 STAGGERED POD WALK 40" 1 4 4 128 128 370-0771 CLUBHOUSE BOARD CLIMBER 72" 1 2 2 92 92 370-0851 VERTO CLIMBER 3 FS 1 3 3 103 103 370-0854 VERTO CLIMBER 1 2 1 2 35 70 370-1579 NATURE PLAY TRANSFER STUMP 40" 1 5 5 555 555 470-0625 CLUBHOUSE RETREAT ROOF 1 0 0 182 182 470-0805 SLIDE HOOD, HIGH SIDE WALL 1 0 0 32 32 470-0852 CSA VIPER R 64-72 W/O HOOD 1 2 2 139 139 570-0782 CLUBHOUSE FULL BOARD PANEL 1 0 0 35 35 600-0104 NPPS SUPERVISION SAFETY KIT 1 0 0 3 3 660-0103 MAINTENANCE KIT, STRUCTURE 1 0 0 7 7 660-0104 INSTALLATION KIT. STRUCTURE 1 0 0 5 5 Phase One User Capacity: 34 Phase One Weight: 2,549 lbs. Phase One Price: Phase Two Proposal # 103-140286-1 May 17, 2021 Burke 2021 Pricing Intensity 370-0016 GRAB BAR ASSEMBLY 1 0 0 6 6 Nucleus 072-0500-108C 5" OD X 108" CAPPED POST 1 0 0 57 57 072-0500-116C 5" OD X 116" CAPPED POST 3 0 0 61 183 072-0500-140C 5" OD X 140" CAPPED POST 1 0 0 74 74 072-0500-76C 5" OD X 76" CAPPED POST 1 0 0 40 40 072-0502-156S 5" OD X 156" SWAGED POST 4 0 0 82 328 270-0009 8" CLOSURE PLATE, ELLIPSE 2 0 0 8 16 270-0130 SQUARE PLATFORM 4 6 24 106 424 270-0192 CLUBHOUSE UNITARY ENCLOSURE 1 0 0 34 34 270-0266 CENTER MOUNT ENCLOSURE 1 0 0 43 43 270-0300 ABSTRACT PLATFORM LADDER 16" 1 1 1 17 17 370-0038 CLUBHOUSE ASCEND ROCK CLIMBER... 1 2 2 117 117 370-0171 TRANGO CLIMBER, CENTER MOUNT ... 1 5 5 33 33 370-0272 STAGGERED POD WALK 40" 1 4 4 128 128 370-1578 NATURE PLAY TRANSFER STUMP 32" 1 4 4 518 518 370-1645 MANITOU CLIMBER 48" 1 4 4 87 87 470-0625 CLUBHOUSE RETREAT ROOF 1 0 0 182 182 470-0659 ROCK'N ROLL SLIDE, 40" - 48" ... 1 1 1 71 71 470-0804 SLIDE HOOD, LOW SIDE WALL 1 0 0 32 32 570-0779 BUBBLE WINDOW PANEL 1 1 1 40 40 570-0782 CLUBHOUSE FULL BOARD PANEL 1 0 0 35 35 Phase Two User Capacity: 46 Phase Two Weight: 2,465 lbs. Phase Two Price: Phase Three Fitness 072-0500-136C 5" OD X 136" CAPPED POST 2 0 0 71 142 072-0500-80C 5" OD X 80" CAPPED POST 1 0 0 42 42 072-0500-88C 5" OD X 88" CAPPED POST 2 0 0 46 92 Phase Three User Capacity: 8 Phase Three Weight: 1,522 Ibs. Phase Three Price: Proposal # 103-140286-1 Burke. May 17, 2021 2021 Pricing Phase Four Burke Basics 550-0099 TOT SEAT, T & 8' SINGLE, STD... 1 1 1 12 12 550-0112 BELT SEAT, 8' PAIR, STD CHAIN 1 2 2 20 20 550-0135 5" OD ARCH SWING 1 0 0 366 366 550-0136 5" OD ARCH SWING ADD -ON 1 0 0 223 223 550-0191 KONNECTION SWING 1 2 2 64 64 580-1294 FS WELCOME SIGN, AGES 5-12 BO... 1 0 0 44 44 580-1296 FS WELCOME SIGN, AGES 2-5 1 0 0 44 44 660-0101 BOT... INSTALL KIT, BURKE BASICS - 1 0 0 2 2 P... Phase Four User Capacity: 5 Phase Four Weight: 1,887 lbs. Phase Four Price: Total User Capacity: 93 Total Weight: 8,423 lbs. Total Price: Information is relative to the May 17 2021 4:35AM database. Special Notes: Prices do not include freight, unloading, material storage, site excavation/preparation, removal of existing equipment, removal of excess soil from footing holes, site security, safety surfacing, installation, or sales tax (if applicable). Prices are based on standard colors per CURRENT YEAR BC] Burke Catalog. Custom colors, where available, would be an extra charge. Pricing is valid for 45 days from the date of this proposal. Proposal # 103-140286-1 May 17, 2021 Burke 2021 Pricing Selacted Color List Color Group Color Phase 1 Platform Blue Accessory Yellow Rotomolded Blue Kore Konnect Red Post Red 1 Color Extruded/Flat Blue 2 Color Extruded/Flat (outer) Yellow 2 Color Extruded/Flat (inner) Red Phase 2 Platform Blue Accessory Yellow Kore Konnect Red Rotomolded Blue Post Red 2 Color Extruded/Flat (outer) Yellow 2 Color Extruded/Flat (inner) Red Phase 3 Accessory Yellow Post Red 1 Color Extruded/Flat Blue 2 Color Extruded/Flat (outer) Yellow 2 Color Extruded/Flat (inner) Red Platform Blue Phase 4 Table/Bench Legs Red Table/Bench Blue Contemporary Swing Fittings Red Accessory Yellow Rotomolded Blue Post Red Overridden Colors 370-1608 OVISTEP LAUNCH PAD Accessory Blue 1 Color Extruded/Flat Blue Rotomolded Blue Proposal # 103-140286-1 Burke. May 17, 2021 2021 Pricing Konnection SwingT" Safety Standards & Guidelines - Reference Information The Konnection Swing was designed to provide an intergenerational play opportunity and offer everyone the childhood joy of swinging! While researching the use of swings, two trends stood out to us - caregivers pushing infants in bucket seat swings and adults swinging with children on their lap. Both situations could be improved with the design of a swing designed to foster connection and increase safety. The Konnection Swing was developed as a direct result of this. The overall design is focused on fostering true connection in both eye contact and proximity leading to increased engagement for all users. Hands -free swinging allows the caregiver to hold, interact and play with the child as they both experience the thrill of swinging together. The Konnection Swing is IPEMA Certified and meets or exceeds the requirements of ASTM F1487-17, which is recognized as the standard of care in the playground industry. This ASTM public playground safety standard is revised every two to three years to remain current with innovation and market trends. The CPSC Public Playground Safety Handbook hasn't been revised since 2008 and doesn't include new product categories that have been innovated in recent years. There are a couple of points to note when deciding to purchase a multi-user swing: Multi-user swings are innovative and CPSC Public Playground Safety Handbook doesn't have a standard that specifically covers them. CPSC 5.3.8.3.1 — CPSC recommends that belt swing seats should be designed to accommodate no more than one user at any time. While the Konnection Swing is a single axis swing, it is clearly not a belt seat. CPSC 2.3.1 — CPSC says that swings intended for more than one user are not recommended because their greater mass, as compared to single occupancy swings, presents a risk of impact injury. o The ASTM safety standard, F1487, was revised in 2011 to add maximum impact requirements for swings and the Konnection Swing has been tested and is compliant with ASTM impact requirements. o CPSC has written a letter stating that "the swing impact test in F1487-11 is a reasonable approach to address the concerns posed by unoccupied, heavy, multiple occupancy swings." CPSC has always included an exemption to both recommendations listed above for tire swings, which are multiple occupancy swings that are suspended from a single pivot and permit swinging in any direction. CPSC also emphasizes that their Handbook provides recommendations, not requirements. If a jurisdiction adopts the Handbook's recommendations as mandatory requirements, that jurisdiction would need to determine how the requirements should be applied in any particular instance. "Service, Safety, Quality. Three words I would use to describe the people, business model, and overall organizational standards that inspires the BCI Burke Company. Every organization has a unique set of challenges and goals when it comes to building an educational environment - and from our experience, BCI Burke came to the table ready to work with its as partners to meet those challenges and goals head on. We chose to work with BCI Burke because we needed a reliable company that would be able to provide nothing less than the highest quality product with our own time limitations. As with most other businesses, we did not have the hcrwy of making an investment into a project oj'this magnitude and not feel 100% certain that we had gotten the very best of our dollar. We also had to assure our stakeholders that we would see that investment last the test of time. BCI Burke offered us superb and consistent customer service, the ability to achieve our goal on a fast timetable, and the confidence that our playground is genuinely the very best in design and safety. This is something that we will showcase in our school for many years to come. After working with the company. I know personally they are committed to go the extra mile to satisfy your needs. BCI Burke is a master in their field but also provide the customer with an intuitive understanding ofservice". Angela H. Brunini Principal St. Anthony Catholic School "I mu wri Ling to tell you how much I enjoyed artd appreciated working a iih your local representative ...Through the years, I have it urked with a number of playground companies, but never with anyone with the professionalism, commitment and follow-through of (your Burke Rep). We are all so excited about out- children having the opportunity to play on your wonderful equipment; of course, we want everything! We are so impressed with the many, many possible designs. Thank you for the quality of your equipment and your local representatives. " Nancy Emerson Director The Children's Center Dallas. TX BCIBURKE.COM Bur 1K— BOO.266.125O POWDER COAT PAINT SOLIS 14UE TOPPERS ROCKIT CLIMBERS 'u'pk`jg1k c w 3 Granite Orange .. Green% - e'�7 6 , Sandstone 0 0 PLATFORMS T j L NEW! lull Blue Brown Gray Recycled Plastic Green Tan Gray Purple/Gray Red/White Orange/Black Lime Olive 01 Black Brown Green/Tan Lime/Black Olive/Black -)c j - NEW! Yellow/Black Yellow/Red Tan/Green Gray/Black NDPE PLASTIC PANELS Blue Purple Red Orange Yellow Blue/white Blue/Yellow Black Gray Brown/Tan SHADE CANOPIES Green Aqua Blue Orange Orange Gray aw, � i• Sv`'ilVAVAVA kv a Lime Sky Purple Mahogany Yellow Sand ROTOMOLD PLASTIC 1 C Green Olive Lime Blue Purple Red Orange Yellow Tan Granite VISIT BCIBURKE.COM/COLOR TO CUSTOMIZE YOUR PLAYGROUND COLORS! BCIBURKE.COM Bunke 500.2GG.1250 The Longest and Strongest warranty in the industry BCI Burke Company, LLC (-Burke') warrants that all standard products are warranted to be free from defects in materials and workmanship, under normal use and service, for a period of one (1) year from the date of shipment. We stand behind our products. In addition, the following products are warranted, under normal use and service from the date of shipment as follows: • One -Wldred (100) Year Limited Warranty on aluminum and steel upright posts (including Intensity°', Synergy"', Nucleus', Voltage°, Little Buddies®, ELEVATE*, ACTIVATE", INVIGCIRATE-) against structural failure due to corrosion, deterioration or workmanship. • One iuldred000)Year Limited Warranty on KontKarri clamps against structural failure due to concision, deterioration a workmanship. • One -Iu Tdred0D0)Year Limited Warrantycn Hardware (nuts, bolts, washers) • One -I,ndmd (100)Year Limited Warranty on bolt -through fastening and clamp systems (Synergy^', IntemityO, Nucleus°', Voltage°, Little Buddies•, ELEVATE®). • Twerty�w(25)Year Limited Warranty on spring assemblies and aluminum cast animals. • fiftee-, i 15) Year Limited Warranty on structure platforms and decks, metal rook, table tops, bench tops, railings and barriers against structural failure due to materials a wakmanship. • Ff eer-i i 15) Year Limited Warranty on all plastic components including StoneBordem against structural failure due to materials a workmanship. • Ten (10, Year Limited Warranty on ShadePlay Canopies fabric, threads, and cables against degradation, cracking a material breakdown resulting from ultra -violet exposure, natural deterioration a manufacturing defects. This warranty is limited to the design loads as stated in the specifications. • Ten (10sYear Limited Warranty on NaturePlay` Boulders and GFRC products against structural failure due to natural deterioration or workmanship. Natural wear, which may occur with any concrete product with age, is excluded from this warranty • Ten (' 0) Year Limited Warranty on Full Cola Custom Signage against manufacturing defects that cause delaminavon or degradation of the sign. Full Color Custom Signs also carry a two (9) year warranty against premature fading of the print and graphics on the signs. • five (5) year Limited Warranty on Intensity' and RopeVenturea cables and LEVEL X• flex bridge against premature wear due to natural deterioration or manufacturing defects. Determination of premature wear will be at the manufacturer's discretion. • Five(5)Year Limited Warranty on moving parts, including swing components, against structural failure due to materials or wokmanship. • Five(5)vear Limited Warranty on PlayErsemble-cables and mallets against defects in materials and workmanship. • Throe (3) Year Limited Warranty on electronic panel speakers, sound chips and ci=k boards against electronic failure caused by manufacturing defects. The warranty stated above is valid only if the equipment is erected in conformity with the layout plan andlor installation instructor fumished by BCI Burke Company, LLC using approved oarts; have been maintained and inspected in accordance with BCI Burke Company, LLC irstructiors. Burke's liability and your exclusive remedy hereunder will be limited to repair of replacement of those parts found in Burke's reasonable judgment to be defective. Any claim made within the above stated warranty periods must be made promptly after discoerycf the defect. A part is covered auy for the original warranty period of the applicable part. Replacement parts carry the applicable warranty from Lire date of shipment of the replaceme-t from Burke. After the expiration of the warranty period, you must pay for all parts, transportation and service charges. Burke reserves the right to accept or reject any claim in whole or in part. Burke will not accept the return of any product without its prior written approval. Burke will assume transponat on charges for shipment of the returned product if it is returned in strict compliance with Burke's written instructions. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF THE FOREGOING DISCLAIMER OF ADDITIONAL WARRANTIES IS NOT GIVEN FULL FORCg AND EFFECT, ANY RESULTING ADDITIONAL WARRANTY SHALL BE LIMITED IN DURATION TO THE EXPRESS WARRANTIES AND BE OTHERWISE SUBJECT TO AND LIMITED BY THE TERMS OF BURKE'S PRODUCT WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Warranty Exclusions: The above stared warranties do not cover:'cosmetic' defects, such as scratches, dents, marring, a fading; damage due to incorrect installation, vandalism, misuse, accident, wear and tear from normal use, exposure to extreme weather; immersion in salt or chlorine water, unauthoized repair a modification, abnormal use, lack of maintenance, a other cause not within Burke's control; and Limitation of Remedies: Burke is not liable for consequential or incidental damages, including but not limited to labor costs or lost profits resulting from the use of or inability to use the proox s or from the products being incapaated in or becoming a component of any other product. If, after a reasonable number of repeated efforts, Burke is unable to repair or replace a defective a nonconforming product, Burke shall have the option to accept return of the product, a part thereof, if such does nor substantially impair its value, and retum the pwcYse pace as the buyer's entire and exclusive remedy. Without limiting the generality of the foregoing, Burke will not be responsible for labor costs involved in the removal of products a the installation of replacement products- Some states do not allow the exclusion of incidental damages, so the above exclusion may not apply to you. The envaaanent near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration Is corsidered'narnal wear- in this environment Product installed within 500 yards of a saltwater shoreline wil I only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. Comae. )ocr local Burke Representative for warranty information regarding Burke Turf" and Burke Tile products. Terms of Sale Pricing: lines published in this catalog are in USD, are approximate and do not include shipping 8 handling, surfacing, installation nor applicable taxes. All prices are subject to change we'qut notice. Contact your Burke representative for current pricing. Payments are to be made in USD. Weights: Weights are approximate and may vary with actual orders. Installation: All equipment is shipped unassembled. Fora list of factory -certified installers in your area, please contact your Burke representative. Speelfkations: Product specification in this catalog were correct at the time of publication. However, product improvements are ongoing at Burke, and we reserve the right to charge a cuscontinue specifications without notice. Loss or Damage in Transit A signed bill of lading is our receipt from a caffier Bat our shipment to you was complete and in good condition upon amval. Before you sign, please check the 611 of lading careful ly when the shipment arrives to make sure nothing is missing and there are no damages. Once the shipment leaves our plant, vm are no longer responsible for any damage, loss or shortage. For mort nfonnation regarding the warranty, call Customer Service at 920-991-9220 or 1.800-356-2070. 01 /2021 BCIBURICE.COM Burke 800.266.1250 ACIr ALM Discover. Connect. Compete Please Remit 10: �EACRE11I'IvE ALM Media, LLC ~�' ` 1 7 Z0 1 j PO Box 936174 Dai Atlanta, GA 31193-6174 Lcm CLE' tZK'S OFFICE j CITY OF SOUTH MIAMI Attention To: NKENGA "NIKKI' PAYNE NKENGAA.PAYNE 6130 SUNSET DR SOUTH MIAMI, FL 33143 Business Review Miami Dade Customer No: 9006479 Invoice #: 1000052465341414 Invoice Date: 041F1412021 Due Date: Due Upon Recelpt AMOUNT DUE: $145.85 Amoum Revealed PLEASE RETURN THIS SECTION WITN PAYMENT i FAA HE3i Daily Business Review Miami Dade Invoice Date: 04/142021 Cuslomertl: 9005479 Invoke a Description Amount 10000524553-0414 PlaceementlPosition: BidsMearn9Weetin9s/Ordinarces0d NOUces & RFPS $145.85 Run Dates: 04/142021 Ad Size: 2 x 6.22 Inches Subtotal S145 85 CITY OF SOUTH MIAMI - RFP NPR2021-35 Total Due S145,85 Visit our online payment portal at httos://www.almoavmentcenter.com to pay via credit card For Eilllnp Aueetlea , pleeee ereall: ALMcallaetI.Calm.eone. Adar ALM Discover. Connect. Compete. 150 R F P -*PR 2021-39 NON -MANDATORY PRE -BID MEETING VIA VIDEO CONFERENCING A Non -Mandatory Pre -Bid meeting will be conducted through video conferencing on April 21, 2021 at 10:00 AM using the Zoom platform. Interested parties who are considering attending the Pre -Bid meeting, must identify your Company Name in the -Participants I.Ist' on the Zoom platform. The meeting will be hell regardless of weather conditions. After the meeting, an email will be sent, confirming your attendance, to the allWtiOr of Steven P. Kukck, Chief Procurement OfBcerat skulick0souMmiamMl.gov_ Members of the public may mew the meeting via Zoom at https7/zoom. usrr3056636339, or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. Nkenga A. Payne, CMC City Clerk, City of South Miami 21-43/0000524553M 24 Z 152 Lough, Quentin From: Kulick, Steven P Sent: Thursday, May 27, 2021 2:46 PM To: luis@tadeosengineering.com Cc: Webster, John; Pough, Quentin; Payne, Nkenga Subject: RE: Vendor Interview: RFP #PR2021-35 Luis, The RFP under "Instructions for Respondents" section No. 6 "Response Withdrawal" provides for a proposing firm to withdraw an erroneous Proposal and, while the errors were not discovered and communicated within twenty-four hours of the bid opening, the errors were discovered during the Publicly Noticed Vendor Interview Meeting on Wednesday May 26 and, your withdrawal by evidence of your email below, was communicated withing twenty-four hours after the Publicly Noticed Vendor Interview Meeting. The City accepts your Response Withdrawal in accordance with the referenced section in the RFP and, the clarification of that section described above. Thank you, Steven Kulick, C.P.M. Chief Procurement Officer/Procurement Division City of South Miami - 6130 Sunset Drive - South Miami, Fl 33143 Ph: 3051663-6339; Fax: 3051663-6346 - Email: skulick@southmiamifl.gov From: luis@tadeosengineering.com <luis@tadeosengineering.com> Sent: Thursday, May 27, 20212:03 PM To: Kulick, Steven P <SKulick@southmiamifl.gov> Cc: Webster, John <WWebster@southmiamifl.gov>; Pough, Quentin <QPough@southmiamifl.gov>; Payne, Nkenga <NPayne @southmiamifl.gov> Subject: RE: Vendor Interview: RFP #PR2021-35 Good Afternoon Mr. Kulick: Thank you for the opportunity of the vendor interview, it was a pleasure meeting you. 153 After the meeting, we have carefully analyzed our bid and we found that there are mayor issues on it, we are hereby respectfully requesting to withdraw our bid. Please feel free to contact me at any time if you have any question. We really apologize for the inconvenience. Sincerely, � j�TAD Luis Oscar de la Hoz Olivera, P.E., C.G.C. 14030 NW 82,d Ave. Miami Lakes, FL 33016 www.fadeosengineering.com lujs@tadeosengineering.com P: 305-560-0120 C:305-903-8816 From: Kulick, Steven P <SKulickCdeouthmiamifl.eov> Sent: Tuesday, May 25, 20212:53 PM To: IuistS to d eose ne i ne erine. co m Cc: Webster, John UWebsterCbDsouthmiamifl.gov>; Pough, Quentin <QPough@southmiamifl.eov>; Payne, Nkenga <NPayneOsouthm is mifl.eov> Subject: RE: Vendor Interview: RFP #PR2021-35 Re: Follow-up Luis, Please submit the following via email, to my attention, prior to Wednesday's meeting: • References for listed subcontractors - Municipal and/or County School System related references: Top Turf Miami, Playground Boss and Torres Acosta Landscaping • Related work photos: Top Turf Miami playground surfacing projects and Playground Boss playground structure photos. • Project cut sheets or shop drawings for proposed playground structures. Thanks, Steven Kulick, C.P.M. Chief Procurement Officer/Procurement Division City of South Miami - 6130 Sunset Drive - South Miami, FI 33143 Ph: 305/663-6339; Fox: 3051653-6346 - Email: skulick(@southmiamifl.gov 2 154 Property Search Application - Miami -Dade County Page 1 of 7 Address Owner Name Folio SEARCH: 5901 SW 64 ST PROPERTY INFORMATION '�Y7fG7[rkLSrYb�rXLSrY�Y9 Sub -Division: STORMPROOFSUB Property Address 5901 SW 64 ST Owner DELTA LLC Mailing Address 6713 NW 109 AVE DORAL, FL 33178 PA Primary Zone 0800 SGL FAMILY - 1701-1900 SO Primary Land Use 0081 VACANT RESIDENTIAL: VACANT LAND Beds / Baths / Half 0/0/0 Floors 0 Living Units 0 Actual Area 0 Living Area 0 Adjusted Area 0 Suite D https://www.miamidade.gov/Apps/PA/propertysearch/ 10/21 /2021 Property Search Application - Miami -Dade County Page 2 of 7 Lot Size 7,140 Sq.FI Year Built 0 Featured Online Tools Comparable Sales PA Additional Online Tools Property Search Help Report Discrepancies Special Taxing Districts and Other Non -Ad valorem Assessments TRIM Notice Glossary Property Record Cards Property Taxes Report Homestead Fraud Tax Comparison Tax Estimator Value Adjustment Board https://www.miamidade.gov/Apps/PA/propertysearch/ 10/21 /2021 Property Search Application - Miami -Dade County Page 3 of 7 ASSESSMENT INFORMATION Year Land Value Building Value Extra Feature Value Market Value 2021 2020 $128,520 $128,520 $0 $0 $0 $0 $128,520 $128,520 Assessed Value $86,640 $78,764 2019 $185,640 $0 $0 $185,640 $71,604 TAXABLE VALUE INFORMATION 2021 2020 2019 COUNTY Exemption Value $0 $0 $0 Taxable Value $86,640 $78,764 $71,604 SCHOOL BOARD Exemption Value $0 $0 $0 Taxable Value $128,520 $128,520 $185,640 CITY E Exemption Value $0 $0 $0 Taxable Value $86,640 $78,764 $71,604 REGIONAL Exemption Value $0 $0 $0 Taxable Value $86,640 $78,764 $71,604 BENEFITS INFORMATION Benefit Type 2021 2020 2019 Non -Homestead Cap Assessment Reduction $41,880 $49,756 $114,036 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). FULL LEGAL DESCRIPTION https://www.miamidade.gov/Apps/PA/propertysearch/ 10/21 /2021 Property Search Application - Miami -Dade County Page 4 of 7 25 54 40.15 AC STORMPROOF SUB PB 47-12 LOT 10 BLK 3 LOT SIZE 68.000 X 105 OR 19278-4809 08 2000 4 COC 25092-0993 09 2006 4 SALES INFORMATION Previous Sale Price OR Book -Page Qualification Description 09/01/2006 $0 25092-0993 Sales which are disqualified as a result of examination of the deed 01/01/2005 $110,000 23049-3034 Sales which are qualified 08/01/2000 $0 19278-4809 Sales which are disqualified as a result of examination of the deed 08/01/2000 $14,500 19251-2689 Sales which are qualified 11/01/1973 $7,000 00000-00000 Sales which are qualified For more information about the Department of Revenue's Sales Qualification Codes. 2021 2020 2019 LAND INFORMATION Land Use Muni Zone PA Zone Unit Type Units Calc Value GENERAL RS-3 0800 - SGL FAMILY - 1701 -1900 SQ Square Ft. 7,140.00 $128,520 BUILDING INFORMATION Building Number Sub Area Year Built Actual Sq.Ft. Living Sq.Ft. Adj Sq.Ft. Calc Value EXTRA FEATURES Description Year Built Units Calc Value ADDITIONAL INFORMATION ' The information listed below is not derived from the Property Appraiser's Office records. It is provided for convenience and is derived from other government agencies. https://www.miamidade.gov/Apps/PA/propertysearch/ 10/21/2021 Property Search Application - Miami -Dade County Page 5 of 7 LAND USE AND RESTRICTIONS Community Development District: NONE Community Redevelopment Area: NONE Empowerment Zone: NONE Enterprise Zone: NONE Urban Development: INSIDE URBAN DEVELOPMENT BOUNDARY Zoning Code: RTM-14 - Existing Land Use: 804 - VACANT, NON -PROTECTED, PRIVATELY -OWNED. Government Agencies and Community Services OTHER GOVERNMENTAL JURISDICTIONS Business Incentives Childrens Trust City of South Miami Environmental Considerations Florida Inland Navigation District PA Bulletin Board Special Taxing District and Other Non -Ad valorem Assessment School Board South Florida Water Mgmt District Tax Collector The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp For inquiries and suggestions email us at http://www.miamidade.gov/PAPortaVContactFomVContactFormMain.aspx. Version: 2.0.3 EXEMPTIONS B BENEFITS Deployed Military Disability Exemptions Homestead https://www.miamidade.gov/Apps/PA/propertysearch/ 10/21 /2021 Property Search Application - Miami -Dade County Page 6 of 7 Institutional Senior Citizens More > REAL ESTATE 40 Yr Building Re -Certification Appealing Your Assessment Defective Drywall Folio Numbers Mortgage Fraud More > TANGIBLE PERSONAL PROPERTY Appealing your Assessment Assessment Information Search Exemptions Extension Requests Filing Returns More > PUBLIC RECORDS Address Blocking Change of Name https://www.miamidade.gov/Apps/PA/propertysearch/ 10/21 /2021 Property Search Application - Miami -Dade County Page 7 of 7 Change of Address Change of Ownership & Title Declaration of Condominium ONLINE TOOLS Property Search Property Sales Tax Estimator Tax Comparison Homestead Exemption and Portability TAX ROIL ADMINISTRATION Appealing your Assessment Reports More > More > More > https://www.miamidade.gov/Apps/PA/propertysearch/ 10/21 /2021