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Res No 035-22-15788RESOLUTION NO. 035-22-15788 A Resolution authorizing the City Manager to execute a contract and to procure services related to professional construction services from Florida Engineering and Development Corp. for new artificial turf at the Dog Park. WHEREAS, natural turf currently makes up the surface of the Dog Park. Grass has proven to be hard to maintain at the Dog Parks due to excessive wear and tear from dogs running, digging, and urinating; and WHEREAS, the City closes its Dog Park three to four months per year for general upkeep and spends roughly $12,000 for maintenance; and WHEREAS, staff recommends replacing the existing natural turf with dog-friendly, natural looking artificial turf at the City's Dog Park. The change would provide a mud-free playing zone, low maintenance, a beautiful green surface all year long, and fewer park closures; and WHEREAS, through the Procurement Division, the City's Parks and Recreation Department issued a Request for Proposal ("RFPII) on Thursday, February 10, 2022 for construction services related to dog-friendly, artificial turf at the Dog Park. The City received bid proposals from three (3) firms as outlined below; and Bidder's) Bid Price Florida Engineering and Development Corp. $88,500./ Tech Group One, Inc. $107,060.60 LTG Sports Turf One, LLC $148,951.45 WHEREAS, City staff recommends entering into a contract with the lowest and most responsive bidder, Florida Engineering and Development Corp; and 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 negotiate and execute a contract to procure services related to professional construction services from Florida Engineering and Development Corp for new artificial turf at the Dog Park in the amount not to exceed $88,500. The City Manager is also authorized to utilize contingency funds in the amount of $8,850 for conditions in the field that could not have been reasonably anticipated by the contractor. The total expenditure shall be charged to the Parks and Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of $1,235,147 before this request was made Page lof2 Res. No. 035-22-1 5788 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 clau se, 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 5. Effective Date. This re solution will become effective immediately upon . adoption. PASSED AND ADOPTED this 5 th day of 6Qill, 2022. ATIEST: \0 ~oJL~ CITY ERK READ AND APPROVED AS TO FORM, LANGUAGE, I!'~ITY , AND EXECU THE EOF APPROVED: X£ a ~' /MAY~ 7r COMMISSION VOTE: Mayor Philips: Commissioner Harris: Commissioner Gil: Commissioner Liebman: Commissioner Corey: Page 2 of 2 EXHIBIT 4 CONSTRUCTION CONTRACT PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 -06 THIS CONTRACT was made and entered into on ,his ="",0~-c-_ day of At:. I< I L- by and between FLORIDA ENGINEER ING & DEVELOPMENT CORP . (her eafter referred to as "Contracto r "), and the City of South Miami (hereafter referred to as "Owner "), through its City Manager (her eafter referred to as "City"). Contractor, for the consideration set forth herein, hereby agrees with Owner as follows : I . Contr actor must furnish a ll labor, mater ia ls, equ ip ment, machinery, too ls, apparatus, transportation a nd any other items necessa ry to perform a ll of the wori< shown on and described in the Contract Docum e nts a nd must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. T he Contract D ocuments must includ e this Contract, General Conditions to the Contract, if any, the drawings , plans , specifications and project manua l. if any. any supplementary or specia l conditions, other documents referring to this contract and Signed by the parties, the so licitation documents ("hereinafter referred to as "Bid Documents") and any documents to which those documents refer-wh ic h are used by Owner as well as any attachments or exh ibits that are made a part of any of the docume nts described herein. 3. Contractor must commence the Work to be performed unde r this Contract on a date to be speCified in a Notic e to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Docum ents. 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 prope rl y approved, written change orders. in lawfu l money of the United States. the Lump Sum amount of: _E_I_G_H_T_Y_E_I G-,-H_T_T_H_O __ U_S_AN_D __ F_I_V_E_H_UN_D_R_E_D __ Doliars ($ 88 , 500 . 00 (Spell 0011.. A.."ounl above) (,'Contract Pric e"). 5 . T he expenses of performing Work after regular working hours , and on Sunday and legal holi days must be included in the C ontract Pr ice. The City may demand, at any point in time, that any part, or all , of the Work be performed after regular wor king hours. In such event, the Respondent will have no right to additional compensation for such work. H owever, nothing contained herein authorizes work on days and du r ing hours that are othe rwi se prohibited by ordinance un less specifica ll y authorized o r inst r uc ted in writing by the City . 6. If the Wor k is expected to require more than one month, Owner w ill make monthly partia l payments to Contractor on the basis of a du ly certified and approved schedule of va lues for the Work performed during each calendar month by C ontractor. less the retainage (all as provided for in the Contract Documents), which is to be withheld by Owner unti l completion and acceptance of the complete project in accordance with this Contract and the o th er Contract Documents a nd until such Work has been accepted by 'he City. 7 . Upon s ubmis sion 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 fu ll. and after compli ance with the terms for payment prOVided for in the Contract D ocuments. final payment on accou nt of this C ontract must be made within sixty (60) calendar days after the comp letion by Contractor of al l Work covered by this Contract and the acceptance of such Work by Owner. B. The Work must be completed within forty-five (45) calendar days from issuance of Notice to Proceed/Purchase OrderlEmail Notificati on from the City 's Project Manager. 9. In the event t hat C ontractor fails to comp lete the Work wit h in the time limit stip ulated in the Contract Documents, or the extended t im e li mit agreed upon. in accordance with the procedu r e as more parti cu larl y set fonh in the Contract Documents. liqUidated damages must be paid by Contractor at the rate of $2 ,000.00 dollars per day. I D.lt is further mutually agreed between th e part ies hereto that if a Payment andlor Perfo r mance 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 r eason suc h bond ceases to be adequate to cover the pedormance of the Work or payment to su bcont ractors and suppli ers, Contractor must, at its expense with in five (5) bu siness days afte r the re ceip t of notice from the City so to do. furni sh an additiona l bond or bonds in such form and amount and with 59 of 90 such Surety or Sureties as are satisfactory to the City. In such event. no further payment to Contrac to r w ill be deemed to be due und e r th is Contr act until suc h new or additiona l security for the fa ithful performance of the Work is furnished in the manner and in th e form satisfactory to t he Ci ty. I I . No additiona l Work or extr as may be done unless the same is du ly authoriz ed in writing. and in advance of the work. by appropriate action by the City and in accordance with the Contract Documents. 12. T he date that this contract was "made and entered into " and its effective date is the date that the contract is the sig ned by the C ity o r. if the contract is required to be approved by resolution of the City C ommission. then the Effective Date is the date of the resolution approving the Contract whic hever is the later date. 13 . All prov isions. conditions and restrictions contained in the bid document entitled Instructions to Respondents are made a part of this agreement by r e ference. Any conflict be tween that document and this contract or the exhibits to this contract are to be r esolved by the City Manager in the managers sole and absolute discretion. IN WI T N E SS WHEREOF. the parties hereto have executed this Contract on the day and date se t forth next to theil-name below and may be signed in one o r mo re counterparts, each o f which will, without proof or accounting for the other counterpart. be de e med an o rigin al Contract. CONTR ACTOR: ______ ~~~----~~~--D-E-V-E--LOPMENT CORP . PRESID ENT T itle of Signatory: _______________________________ __ ATTE STED : Signa ture: JIJ~~\\--I£::::::,~r_--------- City C lerk Read and Approved as to Form. Language. Lega lit y, and Execution T hereof: Signa tu r e ~4& '-6t)IAttOrney OWNER: CITY OF SOU~t-\';.~MI , Signatur ~<L~ 60 of 90 Shari Kama li City Manager EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 -06 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. ~ The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder· Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the timeframe for completing the work. City: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager's designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager: Includes the City Manager's designee. Construction Observer· An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical SpeCifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm or corporation with whom OWNER has executeOd 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. ~ A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. 61 of 90 Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I 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 the period so computed will be included unless it is a Saturday. Sunday or legal holiday. in which event the period will run until the end of the next business day that is not a Saturday. Sunday or legal holiday. Defective Work: Work that is unsatisfactory. faulty. or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard. test. or approval referred to in the Contract Documents. or has been damaged prior to CONSULTANT'S 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. Policy: The term "policy" as used in the Contract Documents means the insurance binder. if it is issued. the declaration page of the policy and the body of the policy. including all endorsements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop Drawings: All drawings. diagrams. illustrations. brochures. schedules and other data which are prepared by CONTRACTOR. a Subcontractor. manufacturer. supplier. or distributor. and which illustrate the equipment. material or some portion of the work and as required by the Contract Documents. Samples· Physical examples which illustrate materials. equipment or workmanship and establish standards by which the Work will be judged. 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 62 of 90 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. Surer.y: The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work-Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein means and includes all written notices, demands. instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish. to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager. to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as prOVided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond. if any are reqUired by the applicable RFp· 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man. laborers, or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (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. 63 of 90 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representation· 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the speCifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time· 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article I), prior to the date on which the Contract Time commences to run, except with the written consent of the City Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the DraWings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval. an estimated construction schedule indicating the starting and completion dates of the various stages of the Work. and a preliminary schedule of Shop Drawing submissions. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre-construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER'S representative, CONSULT ANT. Resident Project Representatives, CONTRACTOR and its Superintendent. Oualifications of Subcontractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or eqUipment) proposed for those portions of the Work as to which the identity of 64 of 90 Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list. CONSU L T ANT will notify CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any Subcontractor. person. or organization on such list. The failure of the City Manager or CONSULTANT to make objection to any Subcontractor. person. or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor. person or organization. Acceptance of any such Subcontractor. person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective Work. material or equipment. or any Work. material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award. the City Manager or CONSULTANT has reasonable objection to any Subcontractor. person or organization listed. the apparent low Bidder may. prior to Notice of Award. submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail. or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished. will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3-CORRELATION,INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents. it must, before proceeding with the Work affected thereby. immediately call it to CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words "furnish" and "furnish and install". "install", and "provide" or words with similar meaning will be interpreted. unless otherwise specifically stated. to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned. but which are essential to produce a complete and properly operating installation. or usable structure. providing the indicated functions. must be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards. including material. style. finish, strength, class. weight and other applicable characteristics. as specified for the major component of which the miscellaneous item or accessory is an essential part. and will be approved by CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof. and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature. when referenced. must be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations. including but not limited to National Electrical Code. applicable State Building Code. Florida Building Code, Federal Specifications. ASTM Specifications. various institute specifications. and the like. it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications. are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent". when used in connection with brand names. will be interpreted to mean a material or product that is similar and equal in type. quality, size. capacity. composition. finish. color and other applicable characteristics to the material or product specified by trade name. and that is suitable for the same use capable of performing the same function, in the opinion of CONSULTANT. as the material or product so specified. Proposed equivalent 65 of 90 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. CONSULT ANT must use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions Written or figured dimensions Scaled dimensions Drawings of a larger scale Drawings of a smaller scale (f) (g) (h) (i) (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and eqUipment. 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground. the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site. including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site. as well as from information presented by the Drawings and Specifications made part of this Contract. or any other information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Differing 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 66 of 90 4.4.2 Unknown physical conditions at the site. of an unusual nature. differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The City Manager will promptly investigate the conditions. and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of. or the time required for. performance of any part of the Work under this Contract. an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided. however. the time prescribed therefore may be extended by the City Manager. but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE 5 -INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods. techniques, sequences and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). Labor 6.2 6.3 6.4 6.5 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. Materials and Equipment: CONTRACTOR must provide competent. SUitably qualified personnel to layout the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 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. 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. 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 67 of 90 purpose of defining the performance or other salient requirements and that other products of equal capacities. quality and function must be considered. CONTRACTOR may recommend the substitution of a material. article. or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number. and if. in the opinion of CONSULTANT. such material. article. or piece of equipment is of equal substance and function to that specified. CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials. equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work. such Work or materials must be removed and replaced. together with any Work disarranged by such alterations. at any time before completion and acceptance of the Project. All such Work must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of. or reject items which are found upon examination. not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection. items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR. the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right. in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested. to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor. against whom the City Manager or CONSULTANT may have reasonable objection. nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT. unless CONSU L T ANT 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 CONSULT ANT to payor 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. 68 of 90 6.1 I All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades. Subcontractors material and men engaged upon their Work. 6.12.1 CONTRACTOR must inserted in all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors. and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT. any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory. they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract. including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race. color. creed. religion. national origin. sex. age. sexual orientation. familial status or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Patent Fees and Royalties: . 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention. design, process or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims. damages. losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work. and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials. appliances, articles or systems prior to bidding. However. he is not responsible for such determination on systems which do not involve purchase by them of materials. appliances and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR. when necessary. in obtaining such permits and licenses. CONTRACTOR must also pay all pUblic utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship. for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations' 6.17 CONTRACTOR must comply with all notices. laws. ordinances. rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith. it must give CONSULTANT prompt written notice thereof. and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws. ordinances. rules and regulations. and without such notice to CONSULTANT. it must bear all costs arising there from; however. it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws. ordinances. rules and regulations. Discrimination: 6.17 A 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. 69 of 90 Taxes: 6.18 Cost of all applicable sales. consumer use. and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is be responsible for initiating. maintaining and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of. and must provide the necessary protection to prevent damage. injury or loss to: 6.19.1 All employees and other persons. who may be affected thereby. 6.19.2 All the Work and all materials or equipment to be incorporated therein. whether in storage on or off the site. and 6.19.3 Other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. roadways. structures and utilities not designated for removal. relocation or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from CONSULTANT or City Manager. is obligated to act. at his discretion. to prevent threatened damag~, injury or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entides him to an increase in the Contract Price or an extension of the Contract Time. he may make a claim therefore as prOVided in Articles II and 12. The City Manager reserves the right. in the City Manager's sole and absolute discretion and when in the best interest of the City. to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor. Mayor of Miami-Dade County or by the City Manager pursuant to the City Manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. ShoR Drawings and SamRles: 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 CONSULT ANT, 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 70 of 90 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 U~r 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs must be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be prOVided and maintained at all times. Sanitary Provisions: 6.31 CONTRACTOR must provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification reqUirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend 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. 71 of 90 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. ResRonsibilit;y for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work. existing building or structure or Work preViously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations. grading. fill. storm drainage. paving and any other construction or installations in rights-of- ways of streets. highways. public carrier lines, utility lines. either aerial. surface or subsurface. etc .. must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work. CONTRACTOR must present to CONSULT ANT 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. CooReration with Governmental DeRartments. Public Utilities. Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments. public utilities. public carriers. service companies and corporations (hereinafter referred to as "third parties") owning or controlling roadways. railways. water, sewer. gas. electrical conduits. telephone. and telegraph facilities such as pavements. tracks. piping. wires. cables. conduits. poles. guys. etc .. including incidental structures connected therewith. that are encountered in the Work in order that such items are properly shored. supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices. must comply with all requirements of such third parties in the performance of his Work. must permit entrance of such third parties on the Project in order that they may perform their necessary work. and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments. public utilities. and others in repairing or moving poles. conduits. etc. CONTRACTOR must cooperate with the above parties in every way possible. so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws. ordinances, and regulations which in any manner affect those engaged or employed in the Work. or materials and equipment use in or upon the Work. or in any way affect the conduct of the Work. and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials. and operations of its workmen to the limits indicated by law. ordinances. permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 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. 72 of 90 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 ProRert}' 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 approval of CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation 'with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR's cost. 73 of 90 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 -CITY'S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULT ANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION. City's ReRresentative: 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 CONSULTANT's decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of 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 InterRretations: 9.3 CONSULTANT will issue, with reasonable promptness. such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary. which will be consistent with. or reasonably inferable from. the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles I I and 12. Measurement of Ouantities: 9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site. installed or completed as provided. If CONSULTANT requires testing of completed Work. the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing. including but not limited to the cost of testing and inspection. the cost of repairing any of the Work. or the work of others, the cost to move 74 of 90 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. Sho(2 Drawings. Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements' 9.1 0 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Res(2onsibilities: 9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES IN THE WORK. 10.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. an eqUitable adjustment will be made as provided in Article I I or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. I 0.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT's Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time. except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph 10.2. lOA The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4A, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager 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. 7S of 90 ARTICLE II -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. I 1.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or 11.204 Acceleration in the performance of the Work. I 1.3 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. 1104 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. I 1.5 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 I 1.7 and I 1.8. I 1.6 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. I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must notify the City Manager of all cash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER depOSits funds with CONTRACTOR with which to make payments in which cases the cash discounts will 76 of 90 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. I I.S.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager. CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine. with the advice of CONSULTANT. which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee. the cost of the Work will be determined in accordance this section II.S and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". II.S.4 Rentals of all construction equipment and machinery. except hand tools. and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT. and the costs of transportation. loading. unloading. installation. dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. II.S.S Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. II.S.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. I I.S.7 The cost of utilities, fuel and sanitary facilities at the site. I I.S.S 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. II.S.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 ofthe following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships). general managers, engineers, architects. estimators, lawyers. agents. expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph I 1.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph II.S.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 II.S. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: I 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in II.S. When both additions and credits are involved in anyone change, the net will be computed to include overhead and profit. identified separately, for both additions and credit, provided however. CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIME FOR COMPLETION. LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 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. 77 of 90 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed. by and between CONTRACTOR and City Manager. that the Contract Time for the completion of the Work described herein is a reasonable time. taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather. except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time. or extension of time granted by the City Manager. then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. liquidated damages are hereby fixed and agreed upon between the parties. recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay. and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT. with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR's sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated. the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months. whether individually or cumulatively. and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above. the only remedy for any delay will be limited to an extension of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above. CONTRACTOR will not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect. consequential, impact or other costs. expenses or damages, including but not limited to, costs of acceleration or inefficiency. overhead or lost profits. arising because of delay. disruption. interference or hindrance from any cause whatsoever. whether such delay. disruption, interference or hindrance be reasonable or unreasonable. foreseeable or unforeseeable. or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21 st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract. other than termination for default or convenience. CONTRACTOR and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement. then the department with the advice of the City Attorney and CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. 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 (I) year from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance. if issued. the Certificate of Occupancy. if issued. or the Certificate of Completion. if issued by City Manager. whichever is applicable and if more than one is applicable. the one 78 of 90 that is issued last. for patent Defective Work .. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly. all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULT ANT Letter of Recommendation of Acceptance. if issued. the Certificate of Occupancy. if issued. or the Certificate of Completion. if issued by City Manager. whichever is applicable and if more than one is applicable. the one that is issued last. for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect. or should CONTRACTOR commence the corrective work. but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents. applicable law. rules and regulations. the City Manager may declare an event of default. terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense. and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents. if different from the period of time listed in Section 13.1. will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent. on a limited basis for OWNER. at the City Manager's option. solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR. the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of. or reject items which are found upon examination. not to meet the specification requirements. Upon written notification of rejection. items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. 13.6 If equipment is being provided. the standard manufacturer's warranty information must be delivered to OWNER for all equipment being proposed and. if required by the warranty. such equipment must be installed by an authorized 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. ARTICLE 14 -PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a "purchase order". or any other document. does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons. firms and corporations who have furnished labor. services or materials incorporated into the work during the period of time for which the previous progress payment was made. releasing such claims and lien rights. if any. of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site. the partial payment estimate must also be accompanied by such supporting data. satisfactory to the City Manager. which establishes OWNER's title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft. vandalism. fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULTANT will within ten (10) calendar days after receipt of each partial payment 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 79 of 90 reasons for refusing to approve payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. OWNER. will within thirty (30) calendar days of presentation to it of any approved partial payment estimate. pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 CONTRACTOR. before it receives final payment. must deliver to the City Manager a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor. services or materials. directly or indirectly. which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release. the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete. satisfactory. and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project. City Manager will prepare a punch list of items that need to be completed and. within 5 days after the list of items has been developed and reviewed. the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure. or involves a multi phase 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 Title 14.3 CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by an Application for Payment whether the Work. material or equipment is incorporated in the Project or not. will have passed to OWNER prior to the making of the Application for Payment. free and clear of all liens. claims. security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work. materials or equipment. covered by an Application for Payment. will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project. under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 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 title to any Work. materials. or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or. as to materials included in the request for payment that have not yet been incorporated into the construction. such materials are on the site or stored at an approved location. and (b) payment received from the last payment application has been used to fully pay for all the laborers. subcontractors and materials reflected in that request. other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with 80 of 90 the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to OW~ER 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 acc9rdance 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 ofthe Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been "accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages. but except such sums as may be lawfully retained by OWNER. will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables. streamline the process of making payments to your organization going forward. City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security features. with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval. an electronic remittance advice will be sent via e-mail. or fax. which notifies CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and 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. 81 of 90 final or otherwise. will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines. because of subsequently discovered evidence or the results of subsequent inspection or tests. that: 14.12.1 the Work is defective. or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed. or in the case of Final Completion certification. is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified. 14.12.3 claims or liens have been filed or received. or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which. if deducted from the contract price would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de-certifies any portion of the Work that was certified ("Initial 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 15 -SUSPENSION OF WORK AND TERMINATION. 15.1 The City Manager may. at any time and without cause. suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSULT ANT. 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 II or Article 12. City May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent. or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property. or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws. or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or eqUipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor. materials or equipment or he disregards laws. ordinances, rules. regulations or orders of any public body having jurisdiction. or if he disregards the authority of CONSULTANT. or if he otherwise violates any provision of, the Contract Documents, then the City Manager may. without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools. construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default. the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 82 of 90 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. 15.4A 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 EQuiRment 15.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies. the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. EqUipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If. through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority. or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City. Manager and CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER. the Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten (10) calendar days' notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER. CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore. OWNER. at CONSULTANT's request. agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation. de-certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 -MISCELLANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail. postage prepaid. to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions. Special Conditions and Supplementary Conditions. if any, and the rights and remedies available hereunder. and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder. will be in addition to, and will not be construed in any way as a limitation of. any rights and remedies available by law. by special guarantee or by other provisions of the Contract Documents. 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. 83 of 90 ARTICLE 17 -WAIVER OF IURY 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 IURISDICTION I VENUE I GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami-Dade County. Florida. 18.3 Except as may be otherwise provided in the Contract Documents. all claims. counterclaims. disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof. will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 -PROIECT RECORDS. 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER'S expense. the books and records and accounts of CONTRACTOR which relate in any way to the Project. and to any claim for additional compensation made by CONTRACTOR. and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR will retain and make available to City Manager all such books and records and accounts. financial or otherwise. which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project. CONTRACTOR must provide City Manager access to its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.070 I) 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 ofthe contract. transfer. at no cost. to the public agency all pUblic records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract. the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the pUblic agency. upon request from the public agency's custodian of public records. in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 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. 84 of 90 ARTICLE 20 -SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits. purchasing policies and other similar administrative procedures. applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 -ASSIGNMENT. 22.1 CONTRACTOR may not transfer or assign any of its rights or duties. obligations and responsibilities arising under the terms. conditions and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER'S consent to the assignment of CONTRACTOR's rights. The City Manager may. in the manager's sole and absolute discretion. refuse to allow CONTRACTOR to assign its duties. obligations and responsibilities. In any event. OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee. the assignee meets all of OWNER's requirements to the City Manager's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 -FORCE MAIEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure. acts of God. or other acts or circumstances beyond the control of a 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-VERIFY(448.09S(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 subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City. Contractor. or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knOWingly violated Section 448.09( I). Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City. upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1.4 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 (I) 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. 85 of 90 2 4.1.7 Subcontracts. Contractor or subcontractor must insert in any su bcontracts the clauses set fo rth 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 substantia l and material breach of th is Agreement. ARTICLE 25 -ANTI D I SC RIN I MAT I O N 25. Conn'actor and all of its employees. subconn-actors and subconsu ltants. wh il e perform ing work for the Ci ty. are proh ibited from discriminating against anyone on the basis of race. co lor. religious fami ly status. sex (including sexual orientation . gender-identity and intersex uality). height, weight. domestic partnership status, labor organization membership, political affi liation. national origin. age , disabi lity or any other classificat ion that is federally defines "protected class " and Contractor must tak e all steps necessary to prevent such discrimination by all of its employees. subcontractors and subconsu ltants who a r e performing work for the City and must ensure nondiscriminatio n in all p r ogr<lms. services and activities that are part of the Scope of Services. A vio lation o f this paragraph is a substantial. materia l breech of this Contract/Agr eement. I N W ITN ESS W HEREOF. the parties hereto ha~ executed w e Genr ral Conditions to acknowledge their inclusion as part of the Contract Documents on this J.r: day of H..:p( I , 20 22. ATTESTED: Signa ture: --':"C---\\--"c::::?c-J'------- Read and Approve_d as to Form. Language , Legality, and Execution Thereof: CONT RACTOR: ______ ~~~----~~~ Signature: __ -:~~:::;;;~::::::;:2"~~;>- Title o f Signatory: _P_R_E_S_I _D_E_N_T ______ __ OWNER: CITY OF SO U T H M IAM I Signature; ~~ Shari Kamali City Manager JJfJcdIfr 'C Atto rn e y Signat ure: END OF SECTION 86 of 90 CORP . EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 -06 A. Consultant: In accOI-dance with ARTIC LE I of the General Conditions the con s ultant (CONSULTANT) is defined as the person identified as the consu ltant in th e Supplementary C ond itions or if no ne, th en OWNER's designated representative as identified in the Suppleme ntary Cond itions. CONS ULTANT s, if any. and OWNER 's Designated Representa tive's name, add r e ss. t e le phone number and facsimi le number ar e as follows : Consultant: MARLIN ENGINEERING 33 63 Commer cia l Blvd . Suite 11 5 Ft . Lauderda le. FI 33309 Ph: 954 /870-5070 B. T erminatio n or Substitution of Consu l tant: N othi ng herein wi ll prevent the City Manag er from ter m i nating the services of CONS ULTANT o r from substituting another "person" to act a s CONSULTANT. C Pl a ns fo r Con struction: Th e successfu l CON T RACTOR will be furnished (4 ) sets of Contract D ocu m e nts without cha rg e. An y additiona l copies requ ired will be fu rn ishe d to CONTRACTOR at a COSt to CONTRA CTOR equa l to the reprodu c tion cost. D. The Sc ope of Services , also referred to a s the Work in the contran documents. is as se t fonh in th e RFP and in the anached EXHIBIT I , Attachments A , B C & 0 to the RFP and if there is a conflin the att ac hed Exhibi t will take precede nce. E. Contractor must comply with the insurance and indem nifica60n r equire ments is set forth in the RFP and in th e docu m ent set fonh in the anached EXHIBIT 2 to the RFP an d if th e l-e is a conflin the attached Exhibit 'wi ll take precede nc e. F. The Work must be completed within forty~five (45) calendar days from issuance of Noti ce to Proceed/Purchase Orderl Em ail Not ific,l[ion from th e City's Project Manage r unless a shorter time is set forth in t he C ontract and in such event th e Contrac t wi ll take precedent notwithstanding any provision in the G enel-al C o nditions to the C ontract that may be to the c o ntrary. G. CO NTRACTOR has r eviewed and checked all informatio n and data with r espect to existing Und erground Fac ilit ies or cond iti ons at o r contiguous to the site and assumes responsibili ty fo r the accu rate location of a ll Unde rgr ound Fa ci lit ies and conditions t hat may affect the Work. It is ag r eed by the parties that no additional exami nations, in vestigations, exp lorations, tests, reports or sim ilar information or data in respect to any Underground Faci lities or conditi o ns are, or will be, req u ired by CONTRACTOR to perform and furn ish the Work at the Contract Price . within the Contrac t T ime and in accordance with the other terms and conditions of the Contract D ocuments. H. CONT RACTOR has given the Ci ty Man ager written notice of a ll co nfli c ts , errors or discrepancies t hat it has discovered in the Contract Docum ents and. if a ny con fli cts. errors or discrepancies have been found and notice give n. CONTRACTOR represents, by submitting its proposal to the City Ma nager, that CONTRACTOR has r eceived sufficient notice of the resolution t hereof from the City Manager, that s uc h resolution is acceptab le to CONTRACTOR a nd that CONT RACTOR waives any claim regarding the co nflic ts. errors o r discrepancies. IN WITNESS WHEREOF , the parties hereto have executed thJ1;uPRlementary Conditions to acknowledge their inclusion as part of the Contract on this -lJ3:. day of ~( I I . 20 22, C ONTRACTOR: F LO RIDA EN ~ • RING & DEVELOPMENT CORP . T itl e of Signatory: _P_R_E_S_I_D_E_N_T ________ _ 87 of 90 ATTESTED : Sign ature: -,W-::--tt-:-::-'--'l-t---- City R ead and Appr oved as [0 Form, Language, Lega li ty, and Execution T hereof: OWNER : CITY OF SOUTH MIAMI ----"~=.:'-~'--=-''''"'_'' ~--=-~. A..--(\ • Signatu r e: ~~(-2= ~ Shari Kama li City Manager END OF SEC TION 88 of 90 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A PET·FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 • 06 I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing aU 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 keepilig the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (Le. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 81 1 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide Signed and seal footing and foundation specifications for permitting. as well as all laboratory tests, engineering and architectural specifications. drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responSibility of the Respondent/Contractor; however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. All of the Work must be reflected in the Respondent's proposal and "Scope of Services," Exhibit " Attachments A, S C & D. 38 of 90 All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit I, Scope of Services, Attachments A, B, C & D all federal. state and local requirements, guidelines and regulations included the Florida Building Code. the City of South Miami Land Development Code. all applicable ordinances of Miami-Dade County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park. public playground safety standards. rules and guidelines. Work activity is limited to the hours of 7:00 a.m. through 6:00 p.m. on the weekdays of Monday through Friday; and between the hours of 9:00 a.m. through 5:00 p.m. on Saturday. No construction activity is permitted on Sunday. Notwithstanding the above, no construction activities shall take place in, or within five hundred (500) feet of residentially zoned districts, other than those in the Hometown District, on either Saturday or Sunday and, as to construction activities in non-residentially zoned districts and in the Hometown District, all days of the week and hours of the day may be changed by resolution of the city commission upon a finding of extraordinary circumstances. See Section 7-15.2 and 7-16 of the City's Code of Ordinances. IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. II. SITE LOCATION: The construction project will be held at the City of South Miami Dog Park, located at 6380 SW 78th Street, South Miami, FL 33 143. Bidders are encouraged to visit the project site. I. SPECIFIC REQUIREMENTS: a. PROJECT DESCRIPTION In summary. the City is requesting proposals from highly qualified firms for all construction services for the manufacturing and full installation of natural- looking. pet-friendly artificial turf as referenced in the "Construction Plans," Exhibit I "Scope of Services," Attachment B. This project entails but is not limited to mobilization. removing all litter within the construction area caused by construction prior, during, and after all construction activities, clearing and grubbing, tree protection and root barrier, rubber mulch around existing trees. installation of natural-looking. pet-friendly artificial turf, and reinforced concrete pad within eXisting entry fence/cage area. "Pre-Construction As-Built Plans" are referenced as Exhibit I "Scope of Services," Attachment C. II. 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 oudined in the scope of services and contract plans. It is the City's intention to award this project to a single Contractor. 39 of 90 Lum" sum I'rOl'osal must include: (Exhibit I, Scope of Services, Attachment 0, "Schedule of Values Form." ./ Mobilization; and ./ Maintenance of T rafflc; and ./ litter Removal; and ./ Clearing and Grubbing; and ./ Tree Protection Barrier; and ./ Tree Root Barrier; and ./ 4" Fiber Reinforced Concrete; and ./ Artificial Turf: and ./ Rubber mulch: ./ Final As·built Plans Note: Failure to provide the Lump Sum Proposal fee breakdown in EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT 0, frSCHEOULE OF VALUES FORM," as described above will render a Respondents proposal as non-responsive. RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES LISTED IN THE SOLICITATION, IF ANY. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. III. PROJECT DURATION: After permit(s) have been secured/approved, the Respondent is responsible for completing this project within forty-five (45) calendar days from issuance of Notice to Proceed/Purchase OrderlEmail Notification from the City's Project Manager. IV. WARRANTY: Respondent/Contractor should include the following with their bid: Applicable warranty and/o~ guarantees of manufacture warranties of workmanship/labor and installations including any conditions and response time for repair and/or replacement during the warranty period and life expectancy under normal use. Defective goods installed and faulty work performed during the warranty period must be repaired or replaced to the satisfaction of the City. At a minimum, Respondent/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (I) year and if General Conditions are made part of the contract documents for this project, at a minimum, Respondent/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract, Exhibit 5, whichever is greater. 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. 40 of 90 If the manufacturer's warranty is issued to the respondent/contractor, . Respondent/Contractor must assign it to the City. SPECIAL NOTE PERFORMANCE AND PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT. END OF SECTION 41 of 90 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B PET·FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 • 06 ""CONSTRUCTION PLANS" Prepared by: Marlin Engineering 42 of 90 CONTRAC T PLANS COMPO NENTS INDEX OF CIVIL PLANS SIIEEr II!) " " , . " (lr !oIlU I S(;"l 'l"lfr ur "~r II t:I>IS GENEn .. , I;nr'~ ~JVII. ('t Ali DES IGN TEAM CIVIL ENG INEER : ::::-;.~.::..:-=,.~ .... ~ ,_,II ,~" ........... " IJ)w ...... "".) .... ,.,,. , .. ,.,..,_1 OWNER : l;oh ........ l.bo' .' ... -.11 .... ' ...... '_I"I '"U -, .. " ... , .... ,1' CITY OF SOUTH MIAMI "11(11/ CI. tQfI\l /'111 m,,"', IMDr ((lUUI , Cl1r or SOUTH IHMH SOUTH MIAMI DOG PARK 6380 SW 78TH STREET 'I-". '!' '! .. I un.VC'f;:" f>.ha n /. Sou th Miami __ -S uI''';e l O'~ ELECTED OFFIC IALS Sally Philip s, Mayor s . Bri~n Corey. Conu1lIuionc r Waltcr Il all is. Commi~~ion rr I.ui~ Gil. Commissioner. J o~h l.ichman, Conlm ;~~lnnl:r :-.IT .S Sout~iami THF ClTV OF PlFASANT I IV INC, PLANS EN G INEER O F RECORD: MARLIN F N GIN C E R I " G ~-----"---::-:-::--'\ ~ ~OWWIIATSBt:(.oW ALWAYSCA1.L 811 • BEI-'ORE YOU !)IG • \ .tut.II'._ .. ~ .... , tONS IHIIOWJI CO!VrI'ACI "0 $ll lH "" . ~ · , , · ~ ~ . • · " ~ . , • • ~ ~ " , , , ; 0 .B . -~ Z: ;p '" -~ i' " .... ~ ;:~ '" ~. ;~i t:: >- <, l/~ "" :=--II .. , 1,- "-h Q • >-.. i '" :;~~~ '" " ~~ , "'~:5'" II " -, ~~~~ ~~~~ " ~;:: :.~ '" · ,. Qo.o:::! ~;~~ .. < ~i "'~QE ~!i~ ... §~~~ "'~l'! i;:: :!;::e ~ ... ", ... ,~ ..... !!: ~~.!" ~~ ~~;~ .... ~~ .,,, ..... ~~~~ ;~§~ ... 0: ...... ~~ ;~~! ~E~: :~~; ..... <:1 :: ~"!:;; ~:: ot:'i!~ ::~! ;~ ~","'3 !~~~ ..... :.'" '. E >-o" ~~~~ .> ';:~:'i'i' t§" .... _ , ~ ... "'.,. .< ~""'" 5g~¥ i :::~~2 ::d ~~~~ "":t=<: :::!: .. S: ... ::: " ~ ~;li~ ~8 ~!~~ a~'::e: .. ! ~:li§ ~ ~ · ~ E ~~:~ !!~ c::! .... !i"'~~ i · • ........ 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' '0 ",f CHr J Cro~DlUMf 111111 ,,., CI H Of SIJIlT H II/Nfl FOil n'f H 'l One '1I1f 1I10111111~ In 0 1 1/;5/"!/U (. /N5 IN I ~S Ptll 'II.}IUI"'/U llelf"~ S "H,,,r ArIO~'M ~lll"t (K/SII"C, 'lifT ,,'l(Mm'l~ ., '11151'1/ ~II '"n l''' lUll' Nil 'Ill (/)I'S rRflfurlfCf C ~IIIII~('OIl 1 0 (OCI;I}I""" Irl lI/I U[ crr. or ~:lU IJ' /llMlI [nil 'URf VltUIOY IH~I'I . ~s PIli "I\.~U( "HUII(IfS Sperl/lOT/Gill S ,-,5 1 ~,~'( ... (-':lei I _ II) III \I~I'I "r~r {)f\I, W~'f~lr Ie HHt411! t "~I I'~ qlll, r L ~ IfliU '11 "l"MIi /Ill" I,'J /I / ~'''. ~ I.' 5 ~.-.I .r-r-- . ' . .' ___ I _5~_ L! • '-0-' • '--}' (.": -. . -rc~" MARLIN N ...... .. .,., ...... - " ....... t .. " ART/He/At TURF INsrALLAnON DErAIL N.T.S _lltJl:r"l "'I ~I I .RJ;~S'" I II ~'~H .uo:1'r1tllll l Ull ' I),PI I ,,~, 00X " .. ",-fO HUMI.'/ SOl/TH HI-·MfI /JOG P.4HK CIVIL PLAN '7' Sout h ~Miami " c. I '" ~ [ n I .. " " '''HI .. C·, EXHIBIT I SCOPE OF SERVICES ATTACHMENT C PET"FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 " 06 "PRE-CONSTRUCTION AS-BUlL TS" 47 of 90 I-a i!a ~ f ~f~ ~ ~ ~ ~ -• . -: j '1: lH t!~ ~l~ ~ ~il !H ,. i !J~ .; ~ " J_, .b ..... -~ ;Pt ~ qlZ 1 H ~ l~ ! ~h z 1 ~ni 9 , it: " ; r : : : : ..-c"n=N:r "1.,;o..,:r Q ~...,o.~ noel" :;~ "":::;'C 1<:'~ ._i MAP OF AS.U!-"L T SUAVI!Y em orSOIlTHMI .... ala. sw 78Ut ItrH&. SouCh .'..,.1. no.tCI •• "tU \. \, o ." )II en • II' C -!:4 en c ~ m -< Insurance EXHIBIT 2 PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PRIOll-06 Insurance & Indemnification Requirements 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-contractorlsub-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-contractorlsub-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-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 52 of 90 • Property Damage: $500.000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1.000,000 per claim and $2.000.000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements. as filed by the Insurance Services Office. and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion. Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract. including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed. with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Uability 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. 53 of 90 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation. change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond. in a form satisfactory to the CITY covering the same. C. The poliCies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder. if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name. address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated AVII 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: (I) 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. II E. If the FIRM is providing professional services, such as would be provided by an architect, engineer. attorney, or accountant, to name a few. then in such event and in addition to the above requirements. the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any. not to exceed 5% of the limit of liability providing for 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 54 of 90 issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries. damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY. its officers. affiliates. employees, successors and assigns. harmless from any and all damages. claims, liability, losses, claims, demands, suits, fines. judgments or cost and expenses, including reasonable attorney's fees. paralegal fees and investigative costs incidental there to and incurred prior to. during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates. employees, successors and assigns. by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property ariSing out of a negligent error, omission. misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/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 contractorlsub-contractorlsub-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 (I), Florida Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies. as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses. and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 55 of 90 EXHIBIT 3 PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 -06 THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami. FL 33143 RESPONDENTS BID FORM I. If this Proposal is accepted. the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation. including as set forth in Exhibit I (Scope of Services, Attachment A, B, 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 if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal. Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. 01 Dated: 03/01/22 b. Respondent has familiarized himself with the nature and extent of the Contract Documents. the proposed work, site. locality. and all local conditions and laws and regulations that in any manner may affect cost. progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and draWings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost. progress. performance. or the furnishing of the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations. explorations. tests. reports or similar information or data are, or will. be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations. examinations. investigations. explorations. tests, reports and studies with the terms and conditions of the Contract Documents. 56 of 90 iVa Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations. investigations. explorations. tests. reports or similar information or data in respect to any Underground Facilities or conditions are. or will be. required by Respondent in order to perform and furnish the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above. d. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has discovered in the Contract Documents and. if any conflicts. errors or discrepancies have been found and notice given. the Respondent represents. by submitting its proposal to the City. that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization. or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values. if required, is prOVided for the purpose of Proposal Evaluation and when initiated by the CITY. it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of 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: _$_8_8_,_5_0_0 ____ dollars and __ Z_E_R_O ___ cents Alternates: #1 _______________ #2 __________________________ _ A fee breakdown for each task included in the lump sum contract price. if applicable. must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit " Scope of Services .. Attachment A, 8, C & D shall be completed. in full. within forty -five (45) ca'endar days from issuance of 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: FLORIDA ENGINEERING & DEVELOPMENT CORP. Address: 12076 NW 98th AVE, HIALEAH GARDENS, FL 33018 Telephone: 305-820-8333 Facsimile: 305-820-9341 Contact Person JOSE VEGA 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. 57 of 90 8. If Q Respondent's Cost & Technical Proposal is required by the So licitation, Respondent hereby certifies under penalties of perjury that a ll of the facts and responses to the questions posed in the COSt & Technica l Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part o f this Respondents Bid Form, and are made a part o f this proposal. by reference. FLORIDA ENGINEERING & 1 2076 NW 9 8 th AV E , 9. Thi s proposal is submitted by DE VELOPME NT CORP . whose address is HIP.LEAH GARDEN S FL 33018 ,whosetelephonenumberis 305 -820 -8333 . whose fax number is __ 305 -820 -9341 , whose email addl·ess is JOSE @FLORIDAENGINEERING .NET and whose autho r ized representative sig ning this Bid Form is JOSE VEGA whose title is PRESIDEN~ 10 . By submitting this proposal. I. for myself and on beha lf of the business. hereby agree to the terms of the form of contract contained in the Soli citation package and agree to be bound by those te r ms. with any appropriate blank boxes. if any. c hecked and any blank lines fi ll ed in with the appropriate information contain ed in the Solicitation Documents and this Pr oposal. or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing. including e -mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawfu l 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 thos e contract terms and that a ll of the information and representations contained herein a r e true and corr ect. Signature 2~ ~~~PR E SID EN T [P rint signato ry's name] Date of Executi on: _-'O-'3c..:1_0c..-=S-'-I-'2:..:2=----___ _ END OF SECT ION 58 of 90 ~ CITY OF SOUTH MIAMI DOG PARK -6380 SW 78TH ST SCHEDULE OF VALUE (SOV) 12/21/2021 PAY ITEM NO. "UN UN ITS QUANTITY UNIT COST COST C IVIL 0101 -1 MOBI LI ZATION LS 1 $9 ,500 . 00 $9 ,500 .00 0102-1 MAINTENANC E OF TRAFF IC LS 1 $1 ,500 . 00 $1 ,500 .00 0107-1 LInER REMOVAL AC 0 .152 $3 ,2 8 9 .4 7 $500 .00 0110 -1-1 CLEAR IN G & GRUBB IN G AC 0 .152 $8 ,092 .11 $1 ,230 .00 0110-21 TREE PROTECTI O N BARRIER LF 130 .000 $0 .01 $1 ,24 1 .00 0110-22 TREE ROOT BARRIER EA 7 .000 $285 .71 $2 ,000 .00 0522-1 4" F IBER REINFORCED CO NCR ETE SY 13 .200 $227 .27 $3 ,000 .00 0570-1-2 A RTIFI CIAL TURF SF 6380 .000 $9 .96 $63 ,529 .00 05 70 -4 RUBBER MULC H SF 415 .000 $7 .23 $3 ,000 . 00 X-9999 FINAL AS -BUILT PLANS LS 1.000 $3 ,000 . 00 $3 ,000 .00 TOTAL S88,500 .00 50 of 90 FLORIDA ENGINEERING This Schedule of Values is submitted by & DEVELOPMENT CORP whose address 12076 NW 98th AVE, HIALEAH is GARD E NS , FL 33018 whose tel ep hone number is 305 -820-8333 , whose fa x number is 305-820-9341 , whose email address is ::::::..::.:::.:=:::::::::.:.:::::::.:.:::.::.:..::::::.:..:::..:..::.:..:::-;,;~:;> h 0 sea u tho ri z ed rep res e nta ti v e sign i n g th i s Bid END OF SECTION 5 1 of 90 PRESIDENT NOTARY : DANIEL BATTAN EXP OS/22 Agenda Item No:2. City Commission Agenda Item Report Meeting Date: April 5, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute a contract and to procure services related to professional construction services from Florida Engineering and Development Corp. for new artificial turf at the Dog Park. 3/5 (City Manager-Parks & Recreation Dept.) Suggested Action: Attachments: Memo-Dog Park Turf.docx Resolution-Dog_Park_TurfCArev.docx Bid Tabulation RFP PR2022-06 3.8.22.pdf Proposal Summary RFP PR2022-04 2.2.22.pdf Proposal-FLA Engineering.PDF Construction Plans.pdf RFP Advertisement.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE:April 5, 2022 SUBJECT:A Resolution authorizing the City Manager to execute a contract and to procure services related to professional construction services from Florida Engineering and Development Corp. for new artificial turf at the Dog Park. BACKGROUND:The City officially opened the Dog Park in February 2015. Natural turf currently makes up the surface of the Dog Park. Grass has proven to be hard to maintain at the Dog Parks due to excessive wear and tear from dogs running, digging, and urinating. The City closes its Dog Park three to four months per year for general upkeep and spends roughly $12,000 for maintenance (i.e. pest control, landscape service, and turf restoration). This has demonstrated an inconvenience to the patrons that use the park as part of their dog’s regular exercise routine. Similar to other dog parks throughout the county such as Blanche Park, Margaret Pace Park, and Village Green Dog Park, staff recommends replacing the existing natural turf with dog-friendly, natural looking artificial turf at the City’s Dog Park. Staff believes the switch will benefit both the dogs and the owners. Furthermore, the change would provide a mud-free playing zone, low maintenance, a beautiful green surface all year long, and fewer park closures. The proposed artificial turfisshort, thick piled hair, andis 100% permeable for water to drain away quickly and completely. It is designed for pets of all shapes and sizes. Disinfecting, deodorizing and grooming of the fibers to prevent flattening of the turf on a quarterly or semi-annual basis will help extend the life of the proposed turf. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ARTIFICIAL TURF:Listed below are some of the advantages of dog-friendly, artificial turf over natural turf: Does not require weekly or bi-weekly mowing and edging, thus reducing emissions due to the use of gasoline powered maintenance equipment and reducing operating costs. Provides less down time due to turf renovations or weather- related conditions. Gentle on paws, joints,fur/skin and provides a consistent, resilient and level surface. Provides an attractive well-manicured appearance year-round. Impede the formation of pest colonies, weeds, mold, and fungus. Eliminates pest chemicals and fertilizers. PROCUREMENT PROCESS:Through the Procurement Division, the City’s Parks and Recreation Department issued a Request for Proposal (“RFP”) on Thursday, February 10, 2022 for construction services related to dog-friendly, artificial turf at the Dog Park. The City received bid proposals from three (3) firms as outlined below. Bidder(s)Bid Price Florida Engineering and Development Corp.$88,500  Tech Group One, Inc.$107,060.60 LTG Sports Turf One, LLC $148,951.45 Florida Engineering and Development Corp. was the lowest and most responsive bidder. VENDOR & EXPENSE:Florida Engineering and Development Corp. The proposal/contract amount shall not exceed $88,500. In addition, a 10% contingency in the amount of $8,850 is included for unforeseen project- related conditions at the discretion of the City Manager. 3 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ACCOUNT:The total expenditure shall be charged to the Parks and Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of $1,235,147 before this request was made. ATTACHMENT(S):Resolution Bid Tabulation Report Proposal Summary Proposal – Florida Engineering and Development Corp. Construction Plans: City’s Dog Park RFP Advertisement 4 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #PR2022 - 06-0-2022/SK Bid Name PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK Bid Due Date 03/08/2022 10:00:00 Eastern Bid Opening Closed 3 responses found.online,  offline,  not submitting,  not received  Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .Florida Engineering & Development Corp 03/08/2022  09:21:46  Eastern 12076 NW  98TH AVE, Hialeah  Gardens,  FL, 33018  $88500.0000 0.0000 Bidding Document  2 .TechGroupOne, Inc 03/08/2022  09:46:51  Eastern 8504 NW  66th St, Miami, FL,  33166  $107060.0600 0.0000 Bidding Document  3 .The LandTek Group, Inc. 03/08/2022  09:22:25  Eastern dba LTG  Sports Turf One, LLC, 2240 W.  Woolbright  Rd, Suite  411,  Boynton  Beach, FL,  33426  $148951.4500 0.0000 Bidding Document  7 Bidder Bid Price E- Bid Package Bid Form SOV Bidder Qualif.Ref.List of Subs' Non Coll. Affidavit Public Entity Crimes and Conflicts Drug free Workplace OSHA Stds Fed. State Listings Related Party Presen (1) Proof of Ins Signed Contract FLA. ENG $88,500.00 X X X X X X X X X X X X X X X TECH GROUP ONE $107,060.60 X X X X X X X X X X X X X X N/A LAND TEK $148,951.45 X X X X X X X X X X X X X X N/A RFP PR2022-06 PERFORMANCE BOND & INSURANCE REQURIED AS A CONDITION OF AWARD NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER 8 Sealed Bid Presented on 03/08/2022 10:00 AM 12076 NW 98th Avenue, Hialeah Gardens, FL 33018 T: (305) 820-8333 City of South Miami City Clerk 6130 Sunset Drive South Miami, FL 33143 Project: # PR2022-06 South Miami – Pet Friendly Artificial Turf for Dog Park 9 PROPOSAL SUBMITTAL CHECKLIST FORM PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirement s listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Signed Contract Documents (All – including General Conditions and Supplementary Conditions if attached) EXHIBIT 4, 5, & 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. NOTE: PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT END OF SECTION 15 of 90 10 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT D PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 “SCHEDULE OF VALUES FORM” NOTE: FAILURE TO COMPLETE THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT’S SUBMITTAL AS NON-RESPONSIVE 49 of 90 11 12/21/2021 PAY ITEM NO.DESCRIPTION UNITS QUANTITY UNIT COST COST 0101-1 MOBILIZATION LS 1 0102-1 MAINTENANCE OF TRAFFIC LS 1 0107-1 LITTER REMOVAL AC 0.152 0110-1-1 CLEARING & GRUBBING AC 0.152 0110-21 TREE PROTECTION BARRIER LF 130.000 0110-22 TREE ROOT BARRIER EA 7.000 0522-1 4" FIBER REINFORCED CONCRETE SY 13.200 0570-1-2 ARTIFICIAL TURF SF 6380.000 0570-4 RUBBER MULCH SF 415.000 X-9999 FINAL AS-BUILT PLANS LS 1.000 TOTAL $ DOG PARK - 6380 SW 78TH ST SCHEDULE OF VALUE (SOV) CIVIL CITY OF SOUTH MIAMI 50 of 90 $9,500.00$9,500.00 $1,500.00$1,500.00 $500.00$3,289.47 $1,230.00$8,092.11 $1,241.00$0.01 $2,000.00$285.71 $3,000.00$227.27 $63,529.00$9.96 $3,000.00$7.23 $3,000.00$3,000.00 88,500.00 12 This Schedule of Values is submitted by ________________________ whose address is ___________________________________, whose telephone number is ______________, whose fax number is _________________, whose email address is __________________________ and whose authorized representative signing this Bid Form is ____________________________ whose title is ___________________. END OF SECTION 51 of 90 FLORIDA ENGINEERING & DEVELOPMENT CORP 12076 NW 98th AVE, HIALEAH GARDENS, FL 33018 305-820-8333 305-820-9341 JOSE@FLORIDAENGINEERING.NET JOSE VEGA PRESIDENT NOTARY: DANIEL BATTAN EXP 05/22 13 EXHIBIT 2 PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 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 $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 52 of 90 14 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 53 of 90 15 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM’s duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a “certified copy” of the Policy (as defined in Article 1 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.” E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for 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 54 of 90 16 issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/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. END OF SECTION 55 of 90 17 City of South Miami is included as additional insured with respects to General Liability and Auto policies as required by written contract or permit. 03/01/2022 18 ~ FLORENG-03 SIWIGGS ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFfiRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AffORDED BYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~E-CT Collinsworth, Alter, Fowler & French, LLC PHONE (: i) I rffc, No ):(305) 362-2443 15050 NW 79th Court jAlC, No, Extl: 305 822-7800 Suite 200 ~*,n1!I:"". Miami Lakes, FL 33016 INSURER(S) AFFORDING COVERAGE NAlC# INSURER A : National Fire Insurance Como any of Hartford 20478 )NSURED INSURER B : Continental Insurance Com p any 35289 Florida Engineering & Development Corp. INSURER C : Valley Forg e Insurance Como any 20508 12076 NW 98th Avenue INSURER D : Federal Insurance COm p any 20281 Hialeah, FL 33018 INSURER E: Ironshore S p ecialty Insurance Comp any 25445 INSURERF: COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHO\I\IN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IrM TYPE OF INSURANCE !t~J'J-~~ POLICY NUMBER POLICYEFF POLlCYEXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE []] OCCUR X 6080084684 4/1/2021 4/1/2022 ~~~H?E~~J~,P.,nce l $ 100,000 MED EXP Anv one Derson ) $ 15,000 - PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 ~'l AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY []] ~~~i D lOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER : $ B ~TOMOBILE LIABILITY ~~~~~;~t ~INGlE LIMIT $ 1,000,000 ~ ANYAUTO X 6080084698 4/1/2021 4/1/2022 BODilY INJURY (Per oerson l $ r--SCHEDULED OWNED BODILY INJURY (Per accident) $ rx AUTOS ONLY "X AUTOS ~L~SONLY ~81'~~T.~ Pp~~~~~t?AMAGE $ I--f--- $ B ~ UMBRELLA LlAB M OCCUR EACH OCCURRENCE $ 5,000,000 EXCESSLIAB CLAIMS-MADE 6080084703 4/1/2021 411/2022 AGGREGATE $ 5,000,000 DED I X I RETENTION $ 10,000 $ C WORKERS COMPENSATION X I ~f~nJTF I I n H-AND EMPLOYERS' LIABILITY YIN WC7011543760 411/2021 411/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ PJ:~~~~lX~~~ EXCLUDED? N/A 1,000,000 E.L. DISEASE -EA EMPLOYEE $ g~S(:~rtT[3~ O~OPERATIONS below E.l. DISEASE -POLICY LIMIT $ 1,000,000 D Equipment floater ~5465925 8/30/2021 8/30/2022 Leased/Rented 500,000 E Pollution Liability ICELLUWOO107056 212212021 411/2022 Each Occurrence 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is requ ired) CERTIFICATE HOLDER I ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE tIltv~'cR a;t © 1988-2015 ACORD CORPORATION. A" rights reserve~ The ACORD name and logo are registered marks of ACORD 19 Form W-9 Request for Taxpayer Identification Number and Certification (Rev. October 201 B) Department of the Treasury Internal Revenue Service ~ Go to www.irs.govIFormW9 for instructions and the latest information. Name (as shown on your income tax I Give Form to the requester. Do not send to the IRS. ~r-----------------------------------------------------------------------------~------------------------ CI) 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to g' following seven boxes. certain entities, not individuals; see a. instructions on page 3): o IndividuaVsole proprietor or [{] C Corporation 0 S Corporation 0 Partnership 0 Trust/estate single-member LLC Exempt payee code (if any) _____ _ o Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ~ _____ _ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC Exemption from FATCA reporting code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other ~ (Applies to accounts maintained oufsjde the U.S.) instructions. Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the ce .' ation, but you provide your correct TIN. See the instructions for Part II. later. Sign Here Signature of U.S. person ~ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.govIFormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (fIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return . Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Cat. No. 10231X Date~ • Form 1 099-DIV (dividends, including those from stocks or mutual funds) • Form 1 099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1 099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person Oncluding a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Form W-9 (Rev. 10-2018) EXHIBIT 3 PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachment A, B, 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 if not already submitted, within ten (10) calendar days after the date of the City ’s Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent’s bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 56 of 90 01 03/01/22 20 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above , d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced o r 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. I f 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: ______________________ dollars and ________________cents Alternates: #1__________________ #2______________________________ A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit 1, Scope of Services, Attachment A, B, C & D shall be completed, in full, within forty -five (45) calendar days from issuance of the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 57 of 90 $88,500 ZERO FLORIDA ENGINEERING & DEVELOPMENT CORP. 12076 NW 98th AVE, HIALEAH GARDENS, FL 33018 305-820-8333 305-820-9341 JOSE VEGA 21 8. If a Respondent’s Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury 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. 9. This proposal is submitted by ________________________ whose address is ________________ ___________________, whose telephone number is ______________, whose fax number is ____ _____________, whose email address is __________________________ and whose authorized representative signing this Bid Form is ____________________________ whose title is _________. 10. By submitting this proposal, I, for myself and on behalf of the business, hereby agree to the terms of the form of contract contained in the Solicitation package and 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 that has 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. Signature: ______________________________ Date of Execution: _______________________ ___________________________ [Print signatory’s name] END OF SECTION 58 of 90 FLORIDA ENGINEERING & DEVELOPMENT CORP. 12076 NW 98th AVE, HIALEAH GARDENS 305-820-8333 305-820-9341 JOSE@FLORIDAENGINEERING.NET JOSE VEGA PRESIDENT FL 33018 JOSE VEGA, PRESIDENT 03/08/22 NOTARY: DANIEL BATTAN EXP 05/22 22 ADDENDUM No. #1 Project Name: PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP NO. PR2022-06 Date: March 1, 2022 Sent: Fax/E-mail/webpage 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. QUESTION #1: Are you open to accepting a bid that outlines a detail/specification that is different than the one in the documents? (We have 14 years’ experience doing synthetic turf for dog facilities and dog parks, we know what works best in these applications and that's what we would like to propose.) RESPONSE: No, alternate specifications to Exhibit 1, “Scope of Services” Attachments A, B, C & D will not be accepted. QUESTION #2: Is the wood picket fence staying in place? (I did not see a detail for the perimeter attachment and depending on the type and style of fence we have different details we would propose.) RESPONSE: Yes, the fence is staying in place. QUESTION #3: Does the site have any drainage issues right now? RESPONSE: No, the site has no current drainage issues. 1 of 6 23 Page 2 of 6 QUESTION #4: You rejected a bid of $78,000. Are you guys hoping to get lower bids as the reason for rejecting both bids or were there other things wrong with that bid that led to the rejection? Reason I'm asking this is that I can tell you right now our bid will come in between the two you received, but it will be for a proven system. However, if you guys are looking to get it done for less than $78,000, we could not do that and give you anything that would work for the long-term. RESPONSE: The City Manager rejected all bids that were received for the previous solicitation in accordance with the statement found on the Solicitation Cover page; “The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals…” This a sealed bid competitive process and Respondents are encouraged to submit proposals based on the specifications and Scope of Services, (Exhibit 1, Attachments A, B, C & D), included with the solicitation. QUESTION #5: Could you tell me what the estimated value of this project is? RESPONSE: The line item budget amount for this project listed in the Adopted Budget for FY 2021-2022 is $85,000. QUESTION #6 Please advise if this project requires special Wage Rates/Certified Payroll. RESPONSE: No, special Wage Rates and Certified payroll does not apply for this project. QUESTION #7 Please confirm the park will remain closed to the public during the duration of the renovations. RESPONSE: Park will remain closed during the duration of construction/renovation. QUESTION #8: Please confirm if the QC Testing will be covered by the GC or by the Owner. RESPONSE: Yes. Quality Control Testing will be conducted by the City’s Project Manager, which also includes the city’s consulting inspector and building officials. The awarded Contractor is responsible for completing the project according to best practices and the specs outlined in the contract documents to the satisfaction of the City. 2 of 6 24 QUESTION #9: Please provide specifications on the fiber reinforced concrete (concrete strength, slump requirements, etc.) RESPONSE: The reinforced concrete slab specifications shall meet these properties: • 28-day strength of 3000 psi, slump of 4” (+/-1”), • Shape and compact the foundation materials with suitable equipment to a firm, even surface, true to grade and cross-slope; the underlying soil shall be compacted to a density of not less than 95% of the maximum density. QUESTION #10: Per Sheet C-4 Note #3, please provide the specific tree barrier to be installed. RESPONSE: 18” Deep chemical root barrier. Provide an option to the EOR for review and approval. QUESTION #11: Per Sheet C-4 Note #4, please provide the requirements for the synthetic turf intended to be used (brand/fiber length/rubber infill/warranty requirements/etc.). RESPONSE: The requirements for synthetic turf is as follows: EasyGrass LUXURY PET. Contact the manufacturer/supplier for specifications, the product shall be from XGrass and the product is Luxury Pet synthetic turf. QUESTION #12: Please advise if the City is open to alternate synthetic turf products other than XGrass. RESPONSE: No, Respondents are to quote the synthetic turf specification listed in Exhibit 1, “Scope of Services.” QUESTION #13: Please confirm the grading for the new conditions is to be maintained as per the existing grading. RESPONSE: Existing grading is to be maintained. However, the installation of XGrass synthetic turf requires the surface to be prepared according to the turf installation detail and soil depressions shall be corrected and fill to create an even surface. QUESTION #14: Per Sheet C-4, Artificial Turf Installation Detail, the subgrade is to be compacted. Please provide specifics of what level of compaction is required/expected. RESPONSE: Subgrade shall be compacted as per manufacturer specifications. Shape and compact the subgrade materials with suitable equipment to a firm, even surface. 3 of 6 25 Page 4 of 6 QUESTION #15: What infill do you require for the Artificial Turf. Will it be Envirofill or Silica sand? How many lbs/sf is required? RESPONSE: Envirofill Specification SECTION 321818 – SYNTHETIC TURF A. INFILL MATERIAL The synthetic turf infill material shall be specifically designed and manufactured for landscape use. It shall be rounded and highly uniform quartz sand pigmented and sealed with an acrylic polymer and have the following properties: 1. The silica sand shall have a Coefficient of Uniformity of ≤ 1.3. 2. The roundness as measured by the Krumbein Shape Scale shall be 0.7+. 3. 98% of the particles retained on US standard sieves 12 through 20. 4. The coated particles shall be smooth to resist mounding and compaction and have an angle of repose of 30% or less. 5. The finished product shall be 100% coated, shall repel water, be non-flammable and have <0.5% dust content. 6. Product shall be infused with Microban ® during manufacturing to provide continuous antimicrobial protection. 7. Product shall be exempt from Prop 65 warning requirements. 8. Color: Green 9. Product to be Envirofill ® manufactured by USGreentech, L.L.C. or approved equal. QUESTION #16: Detail for Artificial Turf on Sheet C-4 shows a 1”x4” concrete bordering perimeter. This will break very easly and suggest a min. 4”x4” curb. Also Adhesive to the concrete will most likely come apart after a year and suggest the 4”x4” curb with tapcons and fender washers to secure turf RESPONSE: Refer to answer provided in Question# 21. QUESTION #17: What depth of aggregate is required below the turf? Is it concrete screenings? RESPONSE: Minimum of 4” compacted aggregates with fines mixed in. QUESTION #18: Are we required to put a geotextile weed barrier under aggregate? Detail says it is optional. RESPONSE: Weed barrier is a requirement. 4 of 6 26 QUESTION #19: Is the rubber mulch bonded, or loose? What depth of rubber mulch is required? RESPONSE: Rubber mulch is to be bonded. QUESTION #20: How deep of a root barrier is required around existing trees? Is it the DeepRoot UP-24 (24” deep)? Sheet C-2 says quantity 7 Each, how long is the 7 each? RESPONSE: Root barrier shall be a minimum of 18” in depth. The 24” will be adequate. Root barrier quantity 7 is the number of existing trees that need to have root barriers install ed to encumber the trees and avoid the root expansion laterally. The length is to be determined by the bidder-contractor to comply with standard procedures for root barriers installation. Refer to answer to question#10. QUESTION #21: Could you please clarify the following: The Concrete Bordering perimeter that is detailed in the Civil Plan C -4 plan appears as a 4 "x1" concrete border, the artificial turf manufacturers recommend the use of a Nailer Board that can be made of plastic or wood to fix the artificial turf with nails. (see the picture below) Does the City agree to whit the manufacturers and do we need to supply and install the Nailer Board around the perimeter of the park? 5 of 6 27 Page 6 of 6 RESPONSE: The City agrees to use the recommended ‘Nailer Board’ option provided in the question #21. The Nailer Board around the perimeter of the park shall be supply and installed by the awarded contractor. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. 6 of 6 28 EXHIBIT 4 CONSTRUCTION CONTRACT PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 THIS CONTRACT was made and entered into on this _________ day of _________________, 20____, by and between _________________________________________________ (hereafter referred to as “Contractor”), and the City of South Miami (hereafter referred to as “Owner”), through its City Manager (hereafter referred to as “City”). . Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: 1. Contractor must furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. The Contract Documents must include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents (“hereinafter referred to as “Bid Documents”) and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby agrees to pay to Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the Lump Sum amount of: ______________________________________________________________Dollars ($_________________. __) (Spell Dollar Amount above) (“Contract Price”). 5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent will have no right to additional compensation for such work. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6. If the Work is expected to require more than one month, Owner will make monthly partial payments to Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract must be made within sixty (60) c alendar days after the completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. 8. The Work must be completed within forty-five (45) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager. 9. 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 p articularly set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of $2,000.00 dollars per day, 10. 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 59 of 90 FLORIDA ENGINEERING & DEVELOPMENT CORP. 22 EIGHTY EIGHT THOUSAND FIVE HUNDRED 88,500.00 29 such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor will be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 11. 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. 12. 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. 13. 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 parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Contract. CONTRACTOR: _______________________________ Signature: ________________________________ Print Signatory’s Name: ________________________________ Title of Signatory: ________________________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ______________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney 60 of 90 FLORIDA ENGINEERING & DEVELOPMENT CORP. JOSE VEGA PRESIDENT 30 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 ARTICLE 1 – 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 th e 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 surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the timeframe for completing the work. City: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager’s designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager: Includes the City Manager’s designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR’S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract. CONSULTANT: The person identified as CONSULTANT in the Supplementary Conditions or, if none, then OWNER’s designated representative as identified in the Supplementary Condition s. Day: 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. 61 of 90 31 Days: The number of twenty-four (24) hour periods following the event to which the word “days” refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT’S 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, C ity 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. Policy: The term “policy” as used in the Contract Documents means the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means othe rwise. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 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 62 of 90 32 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 C ity 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. Surety: The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term “Notice” as used herein means and includes all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requireme nts. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 – PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately b y each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond, if any are require d by the applicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded in the public records of Miami-Dade County and provide City Manager with evidence of such recording. 2.3.4 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. 63 of 90 33 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor’s Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, an d 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 C ity Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre-construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and ot her submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER’S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcontractors, Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of 64 of 90 34 Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, CONSULTANT will notify CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3–CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANT’s attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words “furnish” and “furnish and install”, “install”, and “provide” or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean “furnish and install complete in place and ready for service”. 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer’s literature, when referenced, must be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, will be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULTANT, as the material or product so specified. Proposed equivalent 65 of 90 35 items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", CONTRACTOR must use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (i) Drawings of a smaller scale (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 – AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will b e obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Differing 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 66 of 90 36 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE 5 – INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as “Supervisor” at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of “As-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 67 of 90 37 purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSULTANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 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. 68 of 90 38 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 CONTRACTOR must inserted in all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. This paragraph must be made a part of the subcontractor’s contract with CONTRACTOR. Patent Fees and Royalties: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. 69 of 90 39 Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. The City Manager reserves the right, in the City Manager’s sole and absolu te discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor, Mayor of Miami-Dade County or by the City Manager pursuant to the City Manager’s Emergency Management powers set forth in Ch. 14 of the City’s Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the C ontract 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 70 of 90 40 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 fin al payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs must be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanitary Provisions: 6.31 CONTRACTOR must provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend 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. 71 of 90 41 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. Responsibility for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities, Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as “third parties”) owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 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. 72 of 90 42 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors and other person nel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULTANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Property Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 - WORK BY OTHERS. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR’s Work. 7.3 CONTRACTOR must do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to 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 11 and 12. 7.5 Where practicable, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work will require specific approval of CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR’s operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR’s own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR’s cost. 73 of 90 43 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 – CITY’S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER’S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or p artially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 – CONSULTANTS’ STATUS DURING CONSTRUCTION. City’s Representative: 9.1 CONSULTANT will be OWNER’S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER’S representative during construction are set forth in Articles 1 through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANT’s decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of 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 11 and 12. Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 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 74 of 90 44 furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings, Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with CONSULTANT’s responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 - CHANGES IN THE WORK. 10.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT’s Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph 10.2. 10.4 The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager 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. 75 of 90 45 ARTICLE 11 – 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 C ity 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 notify the City Manager of all cash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will 76 of 90 46 accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word “Subcontractor” will be substituted for the word “CONTRACTOR”. 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 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. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 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: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 77 of 90 47 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 precise ly ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR’s sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, CONTRACTOR and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. ARTICLE 13 – GUARANTEE. 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one 78 of 90 48 that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager’s option, solely for the follow-up concerning warranty compliance for all items under manufacturer’s Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. 13.6 If equipment is being provided, the standard manufacturer’s warranty information must be delivered to OWNER for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized 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. ARTICLE 14 - PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a “purchase order”, or any other document, does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER’s title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULTANT will within ten (10) calendar days after receipt of each partial payment 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 79 of 90 49 reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 CONTRACTOR, before it receives final payment, must deliver to the City Manager a Contractor’s Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure and phase. [See Sec. 255.07, Fla. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 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 th e Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article 1, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULTANT made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with 80 of 90 50 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 certifi ed by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR’s payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 OWNER has 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 Document s. 14.7 Prior to Final Acceptance, City Manager, with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with CONTRACTOR’s completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER’s Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and 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, 81 of 90 51 final or otherwise, will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de-certifies any portion of the Work that was certified (“Initial 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 15 – SUSPENSION OF WORK AND TERMINATION. 15.1 The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSULTANT, which will fix the date on which Work will be resumed. Except for the City Manager’s exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles 11 or Article 12. City May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 82 of 90 52 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. 15.4A OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten (10) calendar days’ notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER, CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSULTANT’s request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 – MISCELLANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completi on 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 agen ts 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. 83 of 90 53 ARTICLE 17 - WAIVER OF JURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami-Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS. 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER’S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (5) business day’s written notice. 19.2 CONTRACTOR and 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, t o the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the C ity Manager has the right to enforce this contract provision by specific perf ormance 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. 84 of 90 54 ARTICLE 20 – SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 – INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 – ASSIGNMENT. 22.1 CONTRACTOR may not transfer or assign any of its rights or duties, obligations and responsibilities arising under the terms, conditions and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER’S consent to the assignment of CONTRACTOR’s rights. The City Manager may, in the manager’s sole and absolute discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any event, OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER’s requirements to the City Manager’s sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 – FORCE MAJEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force 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 circums tances 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-VERIFY(448.095(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 1, 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 subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1.4 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 violati on 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. 85 of 90 55 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. ARTICLE 25 –ANTI DISCRINIMATION 25. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defines “protected class” and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breech of this Contract/Agreement. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this ____ day of ________________, 20___, CONTRACTOR: ___________________________ Signature: ___________________________ Print Signatory’s Name: ___________________________ Title of Signatory: ___________________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ________________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney END OF SECTION 86 of 90 FLORIDA ENGINEERING & DEVELOPMENT CORP. JOSE VEGA PRESIDENT 22 56 EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 A. Consultant: In accordance with ARTICLE 1 of the General Conditions the consultant (CONSULTANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER’s designated representative as identified in the Supplementary Conditions. CONSULTANT’s, if any, and OWNER’s Designated Representative’s name, address, telephone number and facsimile number are as follows: Consultant: MARLIN ENGINEERING 3363 Commercial Blvd. Suite 115 Ft. Lauderdale, Fl 33309 Ph: 954/870-5070 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 1, 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 within forty-five (45) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager 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, erro rs 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 ____ day of ________________, 20___, CONTRACTOR: ______________________________ Signature: ______________________________ Print Signatory’s Name:_______________________________ Title of Signatory: ______________________________ 87 of 90 22 FLORIDA ENGINEERING & DEVELOPMENT CORP. JOSE VEGA PRESIDENT (4) 57 ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: __________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney END OF SECTION 88 of 90 58 RESPONDENT QUALIFICATION STATEMENT PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 The response to this questionnaire will be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price c) Project Name: Owner Name: 16 of 90 SEE ATTACHED LIST OF MAJOR PROJECTS COMPLETED TO DATE SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE ATTACHED LIST OF MAJOR PROJECTS COMPLETED TO DATE SEE ATTACHED LIST OF MAJOR PROJECTS COMPLETED TO DATE SEE ATTACHED LIST OF MAJOR PROJECTS COMPLETED TO DATE 59 Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 17 of 90 SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED 60 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information must be attached to the proposal. a) RESPONDENT’s home office organization chart. b) RESPONDENT’s proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 18 of 90 --- SEE ATTACHED CURRENT WORKLOAD --- SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED 61 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 90 SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED SEE REFERENCES ATTACHED 62 63Florida Engineering & Development Corp. 12076 NW 98th Ave. Hialeah Gardens II. 33018 Schedule of Major Projects Completed Job Name Town 01 Medley NW 89th Emergency Repairs Key Biscayne -Safe Routes to Schools Key Biscayne· Fernwood Parking Improvements MURTTraillmprovements Silver Lakes Drainage Improvements Doral NW 112th Ave Roadway Improvements Off Lease Only· Phase II City of South Miami· Citywide Sharrows Greenway Plan E4T54 -Installation Shelters & Signalization Bid Package 8 Infrastructure NW 143rd Street Water Main Improvements 42nd Street Reconfiguration & Parking Impro. Natalie's Cove/Flamingo Townhomes Drainage Roadway Improvements To NE 16th Avenue Downtonwn Water Main Replacement Dykes Road Drainage & Water Quality NOMA Apartments Site Development Neighborhood Road Program, District 2, Year 2 NE 14th Avenue Roadway & Streetscape Imp. SW 40th Avenue From SW 41st St. To SR 824 Off Lease Only-North Lauderdale Solitair Brickell Priv'; Island at Aventura NW 66th Street Roadway Construction NW 174th Street Roadway Reconstruction Biscayne Beach NW 54th Street 16" DIP Force Main Fendi Chateau Porsche Tower 15 W Star Island Downtown Doral -Infrastructure Phase II The Bond Underground Utilities -14th & 10th Street/MB West Lakes A Drainage Basin Impro. Phase II SkyRise -Utilities Relocation Downtown Doral • Buildings & Retails AVE Bulding· J • AVE Bulding· EF· Aqualina Tower Chateau Condomlnum NW 14th Street Health District Oceana-Key Biscayne Oasis on the Bay SW 56th Avenue Streetscape Alley Improvements Project Road Work· Milander Center Contract on Roadway Paving & Drainage Utilities Improvement-Bal Harbour NW 1st Ave.& NW 14th St. Roadway Imp. The Palace at Coral Gables liviable Neighborhood Imp. -Vista Verde camillus House Site Oevelopement leewood Elementary School Biscayne Trail Segment B Sunkist Grove Road Improvements Basin 35 Drainage Improvements Contract Percentage Completion Amount Complete Date S 252,942.00 100% 9/21 S 527,152.00 100% 7/21 S 435,099.12 100% 8/21 S 407,575.65 100% 6/3/21 $ 395,532.29 100% 6/21 S 1,697,427.80 100% 5/21 S 3,964,271.11 100% 5/21 S 163,163.88 100% 12/20 $ 1,034,836.00 100% 7/1/2020 S 5,346,954.00 100% 1/30/2020 S 833,512.00 100% 3/30/2019 S 389,500.00 100% 12/19 S 2,319,653.00 100% 11/19 S 4,200,000.00 100% 10/19 $ 1,457,522.00 100% 4/19 $ 480,275.00 100% 11/1/2018 S 1,100,000.00 100% 12/30/2018 S 901,753.00 100% 6/18/2020 S 1,228,000.00 100% 5/1/2018 S 1,800,000.00 100% 2/28/2018 S 4,700,000.00 100% 10/31/2017 S 1,720,389.00 100% 10/30/2017 S 2,450,000.00 100% 10/15/2017 $ 1,183,000.00 100% 6/30/2017 S 3,800,000.00 100"A; 2/30/2017 $ 2,238,349.00 100% 2/30/2017 $ 775,601.00 100% 11/30/2016 S 2,943,713.00 100% 11/15/2016 $ 1,000,000.00 100% 11/20/2016 $ 420,000.00 100% 10/30/2016 $ 3,500,000.00 100% 7/30/2016 S 1,203,058.00 100% 6/30/2016 S 1,900,000.00 100% 3/30/2016 $ 686,658.00 100% 12/20/2015 $ 1,500,000.00 100% 12/1/2015 $ 1,050,000.00 100% 12/1/2015 $ 1,640,000.00 100% 8/15/2015 $ 1,580,000.00 100"A. 11/15/2015 $ 1,400,000.00 100"A. 8/30/2015 $ 950,000.00 100% 8/30/2015 S 1,085,852.00 100% 12/30/2014 S 3,000,000.00 100% 8/1/2015 $ 1,200,000.00 100% 12/19/2014 S 1,839,004.00 100% 8/15/2014 S 218,000.00 100% 6/15/2013 S 260,000.00 100% 3/15/2013 $ 400,000.00 100% 2/15/2013 $ 260,000.00 100% 6/20/2013 $ 576,000.00 100% 11/30/2012 $ 1,100,000.00 100% 6/1/2012 $ 638,000.00 100"A; 6/1/2012 $ 800,000.00 100% 9/30/2011 $ 1,400,000.00 100% 7/30/2011 $ 365,000.00 100"A; 6/30/2011 $ 423,000.00 100% 4/30/2011 $ 365,000.00 100% 8/11/2011 Name and Address of Owner Name and Address of Enslneer Town of Medley / Manny Perez /305-887-9541 Ext:111 Kimley -Horn / Barton J. Fye /3056732025 Village of Key Biscayne / Jake Ozymann /305 365 7568 Kimley -Horn / Gabriela P. Ramirez /3056732025 Village of Key Biscayne / Jake Ozymann /305 365 7568 EAC Consulting / Tanya A. Barnes /305 265 5400 City of Plantation /400 NW 73rd Ave, Plantation, FL 33317/954 797 2237 City Engineer / Brett Butler / (954) 797-2282 City of North Lauderdale /701 SW 71st Ave, North Lauderdale, FL 33068/954 724 7070 Munson Design /954 340 5291 City of Doral/ Eugene Collings-Bonfill/305-593-6700 A&P Consulting / Eithel M. Sierra /305 592 7283 Off Lease Only Inc / Ejola Cook /5612222277 VHB / Jaime Igua/407 982 4478 City of South Miami /6130 Sunset Drive South Miami, FL 33143/3056636338 Marlin Engineering/ Rafael Lagos /305 477 7575 FOOT / Distict 4/ Alejandro Pina/3400 W Commercial Blvd. Fort Lauderdale Caltran Engineering group / Jeannelia Liu /305 456 7700 City of Oakland Park /3650 NE 12th Ave. Oakland Park Calvin, Giordano & Ass./James Messick /954 921 7781 City of North Miami /776 NE 125th Street, North Miami R.I. Behar & Cia / Juan Vasquez /9546807771 City of Miami Beach /1755 Merian Ave'l Miami Beach Stantec,/Carlos Manuel Herdoca/305 445 2900 City of Cooper City /9090 SW 50th Place, Cooper City CalVin, Giordano & Ass./James Messick /9549217781 Miami Dade County / Habibnejad Hossin /111 NW 1st, Miami Alvarez Engineers / Juan Alvarez /305 640 1345 City of Lake Worth / Giles Rhoads /5615861640 Croven ,Thompson & Ass./ Mathew Cigale /954 739 6409 Town of Southwest Ranches / Rod Ley /9S4 343 7444 South Broward Drainage District /954 739 6409 Coastal Construction / Dan Rodriguez /305 559 4900 Botek Thurlow Engineering /954 568 0888 City of Lake Worth / Richard Hasko / 561234 9193 Mock. Ross / Neil Condy /561 683 3113 City of Hallandale Beach / Manga Ebbe /954-457-3043 Craven-Thompson Ass./Matthew Cigale /954 739 6409 City of West Park, Greg Perry /786 2519291 BCC Engineering / Jose Otero /3056702350 HF Consulting Group / AI Hernandez /305 796 3669 VHB / Jaime Igua /407 982 4478 Balfour Beatty/Nick Krarup / 954 585 4324 Kimley -Horn/ Julio Collier /954 5355118 Suffolk Construction/Jorge Orobitg /786 804 4416 Thomas Cheoca, PE /954 344 6664 City of Doral/Carlos Arroyo/305 593 6740 Ext. 6009 Kimley-Horn /Luis Cubas /954 5811945 City of Sunny Isles Beach/Elka Linton /305 792 1939 Graig-Smith /Orlando Rubio /561 3144445 Plaza Construction/Robin Jones/786 8664578 LANGAN/ 786 264 7200 City of Dora 1/ Codina Partners/Gus Minguez/305 302 1898 Ludovicci & Orange/Andrew Adams/305 448 1600 Coastal Construction/Luis Hidalgo/30S 3978408 VSN Engineers/ Rudy Vargas/305 551 6267 Coastal Construction/Ken Andersen/ Fortin, Leavy, Skiles, Inc. Engineers/ 305 653 4493 Coastal Construction, Blake Murphy /954 658 4271 CES Engineers/ Richard Bochnovich/ 305 378 5555 City of Dora 1/ Codina Partners/Gus Minguez/305 569 2222 Ludovicci & Orange/Andrew Adams/305 448 1600 Rilea Group, Toney Rey /3057762685 VSN Engineers/ Rudy Vargas/305 5516267 Bergeron Land Development/Brian Landis /954 680 6100 Greenman-Pedersen/Phillip Newsome / 352 3685063 Town of Miami Lakes Klmley -Horn/ Gary Ratay /954 535 5100 Coastal Construction/Jeremy Bedor/305 559 4900 Schewebke-Shiskin & Ass./305 652 7010 City of Dora 1/ Codina Partners/Gus Minguez/305 569 2222 Ludovicci & Orange/Andrew Adams/305 4481600 AVE, Aviation and Commerce Center/ AI Hernandez 305 796 3669 VSN Engineers/ Rudy Va rgas/ 305 551 6267 AVE, Aviation and Commerce Center/ AI Hernandez 305 7963669 VSN Engineers/ Rudy Vargas/ 305 551 6267 Coastal Construction/Sal Reale/561630 3770 Thomas Checca, PE / 954 344 6664 Coastal Construction/Luis Hidalgo/305 559 4900 VSN Engineers/ Rudy Vargas/305 5516267 City of Miami, David Adato /305 4161899 TV Lin/ Jose Nessi 786 258 2961 Coastal Construction, John Mills /954 732 6858 VSN Engineers/ Rudy Vargas/ 305 5516267 Coastal Construction, Tim Sterling/305 559 4900 Cohen, Freedman, Encinosa & Ass./305 826 3999 City of West Park, Gregg Perry /7862519291 Palm Engineering Group, Inc./Gregg Perry/786 2519291 City of North Miami Beach, Jose Casio /305 948 2980 (7995 ) Chen & Associates/ Michael Buick / 786 497 1500 City of Hialeah, Vicente Rodriguez / 3056872620 Aylward Engineering.! 954 424 5852 Town of Southwest Ranches / Willie Nabong /9543437444 City Engineer/ Willie Nabong /954 343 7444 Consultatio Related, Gabriela Toledo / 305 365 0653 VSN Engineers / Rudy Vargas/ 305 551 6267 City of Florida City, Pedro Gonzalez /305 598 0199 Baljet Enviromental/ Pedro Gonzalez /3055980199 Coasta I Construction, Luis Hidalgo /305 559 4900 Schwebke-Shiskin & Ass./ Luis Leon/ 305 652 7010 City of Miami Gardens, Mariana Pitiriciu /305 622 8000/3120 Craven·Thompson & Ass.! D. cartwright /954 739 6400 Coastal Construction, Paul Bessell / 305 324 3701 Wolfberg Alvarez/Jorge Maldonado/ 305 666 5474 Pirtle Construction, Rudy Gonzalez /305 593 7456 Wolfberg Alvarez! Jorge Maldonado/305 666 5474 Miami Dade Parks & Recreation, Dan Crawford /305 5964460. Ext. 239 URS Corporation/ David Soler /561994 6500 City of North Miami, Gerardo Hernandez /305 542 5500 URS Corporation/ David Soler /561994 6500 City of Miami Springs, Robert Williams /3058055170 PBS & J / Victor Herrera /305 514 3451 64AVE Infrastructure Phase 2 $ 2,500,000.00 100% 5/25/2010 Aviation & Commerce Center/Miami Dade County, AI Hemandez /305 796 3669 VSN Engineers/ Rudy Vargas/305 551 6267 Aution House Building $ 2,568,000.00 100% 4/30/2010 Aviation & Commerce Center/Miami Dade County/ AI Hernandez /305 796 3669 RLC Architects/ Carlo Mendoza/561 393 6555 x 22 MICC 1900 $ 1,095,000.00 100% 1/30/2010 Terracon Group, Mike Gomez /3054189291 VSN Engineers/ Rudy Vargas/ 305 5516267 AVE Infrastructure Phase 16 $ 2,600,000.00 100% 10/8/2009 AVE, Aviation and Commerce Center, AI Hernandez /305 796 3669 VSN Engineers/ Rudy Vargas/305 551 6267 AVE Infrastructure Phase 1A $ 3,900,000.00 100% 6/15/2009 AVE, Aviation and Commerce Center, AI Hernandez /3057963669 VSN Engineers/ Rudy Vargas/ 305 5516267 65 -REFERENCES- 1. OWNER: CITY OF LAUDERHILL CONTACT: J. MARTIN CALA TITLE: PUBLIC WORKS DIRECTOR PHONE : 954-730-2961 EMAIL: jmcala@lauderhill-fl.gov PROJECT: NW 38th AVENUE IMPROVEMENTS DATE: 10/21 SCOPE: EARTHWORK, DRAINAGE, WATER MAIN, SPECIAL DESIGN CONCRETE, STAMPED ASPHALT, HARDSCAPE, VENDOR KIOSKS, BUS SHELTERS, LIGHTING, LANDSCAPE, IRRIGATION AND ROADWAY RECONSTRUCTION. AMOUNT: $ 4,863,000.00 2. OWNER: CITY OF PARKLAND CONTACT: CHRISTOPHER MORAN TITLE: CITY ENGINEER PHONE: 954-757-4184 EMAIL: cmoran@city ofp arkland.org PROJECT: CONSTRUCTION OF ROUNDABOUT UNIVERSITY DR. & OLD CLUB RD. DATE: 11/21 SCOPE: EARTHWORK, WIDENING, FOUNTAIN, CONCRETE, LANDSCAPE, IRRIGATION, LIGHTING, GUARDRAIL, MILLING & RESURFACING AMOUNT: $ 951,000.00 3. OWNER: CODINA PARTNERS 1 CITY OF DORAL CONTACT: GUS MINGUEZ TITLE: DIRECTOR OF CONSTRUCTION PHONE: 305-302-1898 EMAIL: gminguezll@gmail.com PROJECT: DOWNTOWN DORAL INFRASTRUCTURE -PHASE 2 DATE: 7/16 SCOPE: EARTHWORK, DRAINAGE, WATER MAIN, SEWER MAIN, FOUNTAINS, HARDSCAPE, CONCRETE, LIGHTING, LANDSCAPE, IRRIGATION AND ROADWAY CONSTRUCTION AMOUNT: $ 3,500,000.00 66 4. OWNER: CITY OF DORAL CONTACT:CARLOSARROYO TITLE: DIRECTOR OF PUBLIC WORKS PHONE: 305-593-6740, EXT: 6009 EMAIL: carlos.arroo@ci tv ofdoral.com PROJECT: NW 112 AVENUE ( 25 -34 ST ) ROADWAY IMPROVEMENTS DATE: 4/21 SCOPE: EARTHWORK, DRAINAGE, WIDENING, CONCRETE, SIGNALIZATION, LIGHTING, MILLING & RESURFACING AMOUNT: $ 1,600,000.00 5. OWNER: CITY OF WEST PARK CONTACT:GREGPERRY TITLE: CITY ENGINEER PHONE: 786-251-9291 EMAIL: gperry@cityofwestpark.org PROJECT: SW 40 th AVENUE COMPLETE STREET IMPROVEMENTS DATE: 4/18 SCOPE: EARTHWORK, DRAINAGE, CONCRETE, LANDSCAPE, IRRIGATION, MILLING & RESURFACING AMOUNT: $ 1,800,000.00 6. OWNER: AVIATION AND COMMERCE CENTER, LLC 1 MIAMI DADE COUNTY CONTACT:ALHERNANDEZ TITLE: COMMERCIAL PROJECT DIRECTOR PHONE: 305-796-3669 EMAIL: ahernandez(iv.c pimv.com PROJECT: NW 145 th STREET ROADWAY CONSTRUCTION-NORTHERN SWALE DATE: 5/30120 SCOPE: EARTHWORK, DRAINAGE (24" RCP), WATER MAIN ( 12" DIP), SEWER MAIN, FORCE MAIN ( 16" DIP ), CONCRETE, LIGHTING, LANDSCAPE, IRRIGATION AND ROADWAY. AMOUNT: $ 3,650,000.00 Florida Engineering & Development Corp. 12076 NW 98th Ave. Hialeah Gardens FL, 33018 Schedule of Major Projects in Progress as of 8/30/2021 Date: prepared: 9/13/2021 As Prime Contractor As Subcontractor Furnish and Install a wayfinding signage thruout Owner: City of Miami Downtown Wayfind Signage 1,563,763.00$ 985,000.00$ 578,763.00$ 95,000.00$ 200,000.00$ downtown Miami and all access road Owner: City of Miami Excavation, Concrete Foundation, MOT Location: City of Miami/FDOT Roads Structural Re-bar, Structural Steel Funding: FDOT/City of Miami Sign Installation Clear and Grub, Excavation, Prep Sub-base, Limerock Owner: City of Lauderhill 4,863,089.00$ 1,390,000.00$ 3,473,089.00$ 50,000.00$ 225,000.00$ Base, Asphalt, Concrete Curb, Concrete Sidewalk Project: 38th Street Noth West Roadway Improvements Pavement Markings and Signage, Drainage System Location: City of Lauderhill Electrical, Irrigation, Landscaping, Bus Shelters, Funding: City of Lauderhill Hardscape Clear and Grub, Excavation, Prepare Subbase Owner: City of Miami 2,500,000.00$ 500,000.00$ 2,000,000.00$ 1,600,000.00$ 300,000.00$ Prepare Base, Asphalt, Concrete Curb , Project: Miscellaneous Roadway Projects Concrete Sidewalk, Signalization, Pavement Location: Various Markings and Signage, MOT, Drainage System Funding: City of Miami Signalization Clear and Grub, Earthwork, Milling, Asphalt Paving Owner: Miami Dade County 2,506,362.00$ 750,000.00$ 1,756,362.00$ 1,400,000.00$ 690,000.00$ Pavement Markings and Signage, Concrete Work Project: Push Button Paving Intersection Improvements North Drainage System, MOT, Sodding Location: Various Funding: Miami Dade County Clear and Grub, Earthwork, Milling, Asphalt Paving MDC Push Button Intersection South 2,635,053.00$ 750,000.00$ 1,885,053.00$ 1,575,000.00$ 670,000.00$ Pavement Markings and Signage, Concrete Work Project: Push Button Paving Intersection Improvements Drainage System, MOT, Sod Location: Various Funding: Miami Dade County Clear and Grub, Earthwork, Milling, Asphalt Paving Electric Bus Charging Facility $2,836,153.00 2,025,000.00$ $811,153.00 $150,000.00 1,450,000.00$ Pavement Markings and Signage, Concrete Work Project: New Electric Bus charging Facility Drainage System, MOT, Sod Location: Broward county Funding: Broward County Transit Facility Clear and Grub, Earthwork, Milling, Asphalt Paving City of Parkland $900,000.00 220,000.00$ $680,000.00 $300,000.00 150,000.00$ Pavement Markings and Signage, Concrete Work Project: Intersection Improvements Drainage System, MOT, Sod Location: Parkland Funding: City of Parkland Clear and Grub, Earthwork, Asphalt Paving City of Homestead $1,420,000.00 220,000.00$ $1,200,000.00 $1,200,000.00 220,000.00$ Pavement Markings and Signage, Concrete Work Project: Everglades Greenway Trail MOT, Sod, Pavers Location: Parkland Funding: FDOT/SFWM Clear and Grub, Earthwork, Milling, Asphalt Paving City of North Lauderdale $2,071,832.00 1,065,000.00$ $1,006,832.00 $1,006,832.00 1,065,000.00$ Pavement Markings and Signage, Concrete Work Project: Kimberly Boulevard Drainage System, MOT, Sod Location: North Lauderdale Funding: City of North Lauderdale TOTALS 16,904,420.00$ 6,400,000.00$ 10,504,420.00$ 7,376,832.00$ 4,970,000.00$ 12,346,832.00$ Other (Non-FDOT) Projects. Owner and Location of Work Type of Work Contract Amount Amount Sublet to Others Balance of contract Amount Uncompleted Amount to be done by applicant 67 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor/Subconsultant Name Address Telephone, Fax & Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 20 of 90 SYNTHETIC TURF RUBBER MULCH DURAFIELD 446 S DIXIE HWY EAST POMPANO BEACH FL 33060 O: (954) 366-5244 F: (754) 600-2827 e: orlando@durafield.com TOP TURF 2701 NW 107th AVE, DORAL FL 33172 O: (305) 216-5168 F: e: guillermo@topturfartificialgrass.com 68 NON-COLLUSION AFFIDAVIT PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ___________________________________________ being first duly sworn, deposes and states that: (1) He/She/They is/are the ______________________________________________________ (Owner, Partner, Officer, Representative or Agent) of __________________________________________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Re spondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: _________________________________ By: ___________________________________ Witness Signature _________________________________ ___________________________________ Witness Print Name and Title ___________________________________ Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) ______________________________________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 21 of 90 JOSE VEGA PRESIDENT FLORIDA ENGINEERING & DEVELOPMENT CORP. JOSE VEGA 03/08/22 OMAR MEDINA 22MARCH08 69 WITNESS my hand and official seal. _______________________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ______________________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) ____ Personally known to me, or ____ Personal identification: _________________________ Type of Identification Produced ____ Did take an oath, or ____ Did Not take an oath. 22 of 90 X DANIEL BATTAN 70 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes – “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount C ategory Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list”. The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to ____________________________________________________________________________ [print name of the public entity] by ____________________________________________________________________________ [print individual’s name and title] for___________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is ____________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ___________________________________________________.) 2. I understand that a “public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after J uly 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an “affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, will be a prima facie case that one person controls 23 of 90 CITY OF SOUTH MIAMI JOSE VEGA, PRESIDENT FLORIDA ENGINEERING & DEVELOPMENT CORP. 12076 NW 98th AVE. HIALEAH GARDENS, FL 33018 83-0345690 71 another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise tran sacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] _____ Neither the entity submitting this sworn statement, nor any of its officers, directo rs, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicte d of a public entity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ____________________________________ [Signature] Sworn to and subscribed before me this __________ day of ___________________________, 20____. Personally known ________________________ ___________________________________ OR Produced identification _________________ Notary Public – State of ________________ _______________________________________ My commission expires ________________ (Type of identification) (Printed, typed or stamped commissioned Form PUR 7068 (Rev.06/11/92) name of notary public) 24 of 90 22MARCH08 YES 05/22 FLORIDA DANIEL BATTAN JOSE VEGA 72 DRUG FREE WORKPLACE PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph (1) above. 4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT’s Signature: ___________________________________ Print Name: _________________________________________ Date: ______________________________________________ 25 of 90 JOSE VEGA, PRESIDENT 03/08/22 NOTARY: DANIEL BATTAN EXP: 05/22 73 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 – 06 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and MARLIN ENGINEERING , Consulting Engineer if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation which are equal with respect to price, quali ty and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under E-bid a copy of the statement specified in Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title 26 of 90 FLORIDA ENGINEERING & DEVELOPMENT CORP. FLORIDA ENGINEERING & DEVELOPMENT CORP. JOSE VEGA PRESIDENT NOTARY:DANIEL BATTAN EXP: 05/22 74 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 The person, or entity, who is responding to the City’s solicitation, hereinafter referred to as “Respondent”, must certify that the Respondent’s name Does Not appear on the State of Florida, Department of Management Services, “CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS”. If the Respondent’s name appears on one or all the “Listings” summarized below, Respondents must “Check if Applies” next to the applicable “Listing.” The “Listings” can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_i nformation/convicted_suspended_di scriminatory_complaints_vendor_lists DECLARATION UNDER PENALTY OF PERJURY I, _____________________ (hereinafter referred to as the “Declarant”) state, that the following facts are true and correct: (1) I represent the Respondent whose name is ______________________________. (2) I have the following relationship with the Respondent __________________ (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists (4) I have entered an “x” or a check mark beside each listing/category set forth below if the Respondent’s name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent’s name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable ___ Convicted Vendor List ___ Suspended Vendor List ___ Discriminatory Vendor List ___ Federal Excluded Parties List ___ Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. By: ___________________________ (Signature of Declarant) ___________________________ (Print name of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the ____ day of ______________, 20_____, before me, the undersigned authority, personally appeared ____________________________________ who is personally know to me or who provided the following identification ______________ and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. ____________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL ____________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) 27 of 90 JOSE VEGA FLORIDA ENGINEERING & DEVELOPMENT CORP. PRESIDENT N/A N/A N/A N/A N/A JOSE VEGA 22MARCH08 JOSE VAGA DANIEL BATTAN EXP: 05/22 75 RELATED PARTY TRANSACTION VERIFICATION FORM PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 I ______________________________, individually and on behalf of ______________________________ (“Firm”) have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics, Section 8A-1 of the City’s Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ____________________________________________________________________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party 28 of 90 JOSE VEGA, PRESIDENT FLORIDA ENGINEERING & DEVELOPMENT CORP. 76 before any board, commission or agency of the City within the past two years other than as follows:____________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ______________________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons’ immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City’s Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by l aw. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ 29 of 90 03/08/22 JOSE VEGA, PRESIDENT NOTARY: DANIEL BATTAN EXP: 05/22 77 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of va lue or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and 30 of 90 78 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b )(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. 31 of 90 79 (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the inte rest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. 32 of 90 80 (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of 33 of 90 81 advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 34 of 90 82 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 - 06 This affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ______ day of ___________________, 20 ___. ___________________________ Signature of Representative ___________________________ ______________________________ Print Name and Title Print name of entity being represented. END OF SECTION 35 of 90 JOSE VEGA JOSE VEGA PRESIDENT 08 MARCH 22 JOSE VEGA, PRESIDENT FLORIDA ENGINEERING & DEVELOPMENT CORP. NOTARY: DANIEL BATTAN EXP: 05/22 83 84 Ron DeSantis, Governor Halsey Beshears, Secretary STATE OF FLORIDA DEP ARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION.,1 . ·DOSTR.Y:·~hICENSING BOARD ~ " THE GENERAL CONt~~IOR)"'ER~N~(IS ~~ERTlFIED UNDER THE PROVISIONS o.F·~HAPTER'489'";:FLORrDA STATUTES .~' ... ': --... :0::' :-• ~ V .o·,iQsEAN~TbN19: FLORJ'DA'(ENatNE 'ERING'A~'D ,DEVELO'p'MENT CORP " , i9S0':SW;18TH 5f .: ~ '·fVllAMI. . . FL33143 ; .. ". '-~ -~ ,....,. ''''' .. ~. L~ uctN~~u~~~I!S~~~~ ~~: EXPIRATION DATE~ AUGU·ST 31,2022 Always verify litens@s online at My~loridaL.icense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other th~n the licensee to use this document. 85 QUALIFYING TRADE(S) 0001 GENERAL ENGINEERING 86CITY OF HIALEAH GARDENS Business Name: 10001 NW 87 Ave -Hialeah Gardens, Florida 33016 BUSINESS TAX RECEIPT FLORIDA ENGINEERING AND DEVELOPMENT CORP Date: 09/23/2021 Issued to: 12076 NW 98 AVENUE Hialeah Gardens FL 33018 Business Type: CONTRACTOR -OTHER LICENSE NO.: BL 18410 FLORIDA ENGINEERING AND 12076 NW 98 AVENUE HIALEAH FL 33018 TOTAL FEES PAID: $977.50 Delinquency Fee: A 10 percent delinquent fee will be.imposed if not renewed by October 1 and an additional 5 percent fee is charged for each month thereafter with total fee not to exceed 25 percent. Notes: CONTRACTOR OTHER (CIVIL ENGINEERING): JOSE VEGA CGC1511029JE95601 NO OUTSIDE STORAGE OR JUNK YARD, NO PAINTING OF ANY KIND, NO CHEMICALS OR HAZARDOUS MATERIALS, ALL WORK SHALL BE DONE INISIDE BUILDING. MECHANIC FOR COMPANY VEHICLES ONLY (NOT TO THE PUBLIC) LICENSE EXPIRATION cial SEPT. 30 -2022 LICENSE MUST BE EXHIBITED CONSPICUOUSLY AT YOUR PLACE OF BUSINESS 87 002140 Loca l Bu si ness Tax Rece ipt Miami-Dade County, State of Florida -THIS IS NOT A BILL -DO NOT PAY 5891131 BUSINESS NAMEIlOCA TlON Rl:CEIPT NO. FlORIDA ENGINEERING AND DEVELOPMENT cmJNEWAL 12076 NW 98TH AVE 6144968 HIALEAH GARDENS Fl 33018 OWNER SEC. TYPE Of BUSINESS EXPIRES SEPTEMBER 30,2022 Must be displayed at place of business Pursuant to County Code Chapter SA -Art 9 & 10 FlORIDA ENGINEERING AND 196 GENERAL BUILDING CONTRACTOR CGC045310 PAYMENT RECEIVED BnAX COUECTOR $51.00 08/23/2021 INT -21-367376 Worker(s) 12 This Local Business Tax Receipt only confinns pa,ment of the Local Business Tax . The Receipt is not a license. pennit, or a certification of the holder's qualifications. to do business. Holder must comply with an, governmental or nongovernmental regulatory laws and requirements which appl, to thebulill8SS. The RECEIPT NO . above must be displared on all commercial vehicles -Miami-Dade Code Sec Sa-Z16 . For more infonnation. visit www.miamjdade.QOvttaxcollector 88 3/9/2021 Welcome Christina De Vito Company Information Company Name E-Verify: Employer Wizard -Company Information FLORIDA ENGINEERING & DEVELOPMENT Company ID Number 1287493 Doing Business As (DBA) Name FLORIDA ENGINEERING & DEVELOPMENT DUNS Number Physical Location Address 1 12076 NW98AVE Address 2 City HIALEAH GARDENS State FL Zip Code 33018 County MIAMI-DADE Mailing Address Address 1 Address 2 City State Zip Code https:lle-verify.uscis.gov/web/EmployerWizard.aspx =MENU 1/: 89 3/9/2021 Additional Information Employer Identification Number 830345690 Total Number of Employees 100 to 499 Parent Organization Administrator Organization Designation Employer Category None of these categories apply I View I Edit I NAICSCode E-Verify: Employer Wizard -Company Information 237 -HEAVY AND CIVIL ENGINEERING CONSTRUCTION I View I Edit I Total Hiring Sites 1 I View I Edit I Total Points of Contact 3 I View I Edit I View Original MOU Template Last Login: 03/09/2021 03:17 PM U.S. Department of Homeland Security U.S. Citizenship and Immigration Services https:lle-verify.uscis.gov/web/EmployerWizard.aspx View MOU 10/8/21, 8:26 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=FLORIDA…1/2 Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation FLORIDA ENGINEERING AND DEVELOPMENT CORP. Filing Information P02000130519 83-0345690 12/10/2002 FL ACTIVE AMENDMENT 01/24/2005 NONE Principal Address 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Changed: 04/17/2009 Mailing Address 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Changed: 04/17/2009 Registered Agent Name & Address VEGA, JOSE 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Name Changed: 10/05/2004 Address Changed: 04/17/2009 Officer/Director Detail Name & Address Title P VEGA, JOSE 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 D C Florida Department of State 90 10/8/21, 8:26 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=FLORIDA…2/2 Title VPS Omar, Medina 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Title VP Vega, Jose Antonio 12076 NW 98TH AVENUE HIALEAH GARDENS, FL 33018 Annual Reports Report Year Filed Date 2019 05/01/2019 2020 04/29/2020 2021 04/13/2021 Document Images 04/13/2021 -- ANNUAL REPORT View image in PDF format 04/29/2020 -- ANNUAL REPORT View image in PDF format 05/01/2019 -- ANNUAL REPORT View image in PDF format 03/10/2018 -- ANNUAL REPORT View image in PDF format 03/28/2017 -- ANNUAL REPORT View image in PDF format 04/14/2016 -- ANNUAL REPORT View image in PDF format 04/02/2015 -- ANNUAL REPORT View image in PDF format 04/30/2014 -- ANNUAL REPORT View image in PDF format 04/18/2013 -- ANNUAL REPORT View image in PDF format 04/30/2012 -- ANNUAL REPORT View image in PDF format 04/26/2011 -- ANNUAL REPORT View image in PDF format 04/01/2010 -- ANNUAL REPORT View image in PDF format 06/05/2009 -- ANNUAL REPORT View image in PDF format 04/17/2009 -- ANNUAL REPORT View image in PDF format 04/28/2008 -- ANNUAL REPORT View image in PDF format 04/20/2007 -- ANNUAL REPORT View image in PDF format 04/25/2006 -- ANNUAL REPORT View image in PDF format 04/20/2005 -- ANNUAL REPORT View image in PDF format 01/24/2005 -- Amendment View image in PDF format 11/22/2004 -- REINSTATEMENT View image in PDF format 10/05/2004 -- REINSTATEMENT View image in PDF format 12/10/2002 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations 91 Florida Engineering & Development corp. 12076 NW 98th Ave. Hialeah Gardens Fl. 33018 ITEM Description Make - Model Serial Number EXCAVATOR Excavator John Deere 200D-LC 1FF200DXJBD513517 Excavator Case CX210// Warranty NBSAH3662 Excavator John Deere 120 FF120CXO35808 Excavator John Deere 350 FF350DX806296 Excavator Hitachi 350 FF00ASP920211 Excavator John Deere 350 1FF350GXTCE808707 Excavator John Deere 120 FF120CX036483 Excavator John Deere 350G-LC 1FF350GXJCE808713 Excavator Case CX 225 DAC251361 Excavator John Deere 200D LC 1FF200DXTBD512783 MINI EXCAVATOR Mini Excavator Case CX25 DFE0001379 Mini Excavator Komatsu PC 50 MR-2 K5148 Mini Excavator John Deere 85D 1FF085DXJA0016339 Mini Excavator Bobcat E-50 AG3N11107 Mini Excavator Bobcat E-35 A93K16972 Mini Excavator Bobcat325G AAC513507 Compact Excavator E35 25 HP ZTS Bobcat Compact ExcavatorB3Y211169 BACKHOE Backhoe John Deere 310G 310GX931245 Backhoe JD 410G 4x4 Quick Cpl Forks T0410GX92XXXX Backhoe JD 310g 4X4 Extended Hoe TO31OGX939368 Backhoe JD 310J 4x4 Backhoe 1T0310JXLA0190668 Backhoe John Deere 410G 4x4 T0410GX955883 DOZER Dozer John Deere 650H 907495 Dozer John Deere 450H 1T0450JXAA0184392 Dozer John Deere 650J LGP 1T0650JXCBD203295 Dozer John Deere 650J XLT Crawler Tractor1T0650JXAA0192467 Equipment List 92 LOADER Wheel Loader John Deere 544G 544G SN 546647 Wheel Loader John Deere 544H 544H SN 571196 Wheel Loader John Deere 544J 544j 2599483 Wheel Loader John Deere 544H DW544HX589008 Wheel Loader John Deere 544H DW554HX578856 Wheel Loader Case 621E NBF211402 Wheel Loader John Deere 544 1DW544KZCBD641628 Wheel Loader John Deere 644K DW644KZ627162 Wheel Loader John Deere 624K 1DW624KZPFF668268 ROLLER-COMPACTOR Roller Bomag BW 124 109A21902212 Asphalt Roller Dynapac 60212837 Roller Bomag BW 211D-50 901583531157 Roller Bomag BW135AD 101650121671 Roller Ingersoll-Rand DD29 Tandem Roller194360 Roller Bomag BH213DH-40 901582561140 Asphalt Roller CAT CB36B M3600333 Pneumatic Asphalt Roller Bomag BW11RH 911A22211044 Grader Grader Chanpion 710A XO25759 Grader Champion C50A 200900 SKID STEER Skid Steer Bobcat T300 High Flow MT 53201xxxx Skid Steer Bobcat T250 Multi Terrain 531811529 Skid Steer Bobcat S175 A3L535925 Skid Steer Bobcat T650 Compact Track Loader (bought with 48" Pallet Forks S/N: A7DD12161)ALJG22615 Paver Machine Paving Machine Weiler P385B P385-2963 Forklift Forklift Clark GPX711-0029-9330 Trencher Trencher PICKUP TRUCKS Pick Up F-150 4x4 1FTFW1ET2EFB44008 Pick up Ford F-150 1FTRF12XXXX55828 Pick up Ford F-150 1ftrf12w04nc46312 Pick Up Ford F-150 1FTRX12W55FA66557 Pick Up Chevy Silverado 1GCEC19X57Z102502 Pick Up NISSAN TITAN 1NGBA07A7GN535372 Pick Up Ford F-150 XL 1FTPF12V58KC51785 93 Pick Up Ford F-150 XL Extended Cab 1FTPX12517KD36828 Pick Up Ford F-150 XLExt Cab 4x4 1FTRF14V28KE55823 Pick Up FORD F-150 1FTEW1CM2EFB94673 Pick Up Ford F-150 1FTRF12216NAO1843 Pick Up Ford F-250 XL Crew Cab 1FTSW21528EA08175 Pick Up Ford F-150 XL Extended Cab 1FTRF12WX7NA47871 Pick Up Ford F250 XL Extended Cap 1FTNX20598EA16754 Pick Up Ford Ranger Extended Cab 1FTKR1ED1APA45151 Pick Up Ford F150 1FTEX1C8XGFA20210 Pick Up GMC - Sierra 1500 1GTR1LEHXGZ208428 Pick Up Chevrolet Silverado 1500 1GCNCNEH1HZ233949 Pick Up Chevrolet Silverado 1501 1GCNCNEH4HZ234030 DUMP TRUCKS Dump Truck T/ax Peterbilt 1XPFDB9X3RN364566 Dump Truck T/ax Inernational 2HSFLAHN2RCO88439 Dump Truck T/ax Ford L9000 1FDYU90TXSVA71987 Dump Truck T/ax Sterling A9500 2FZXKPYBXXABO3082 Dump Truck T/ax Mack RD690S 1M2P264C6XM027315 Dump Truck T/ax Peterbilt 1NPAXA0X0WN470665 FUEL TRUCK International Truck 4400 1HTMKAAN99H049193 TRAILERS-LOWBOY Tag Along Trailer Interstate 1JK0DT18XWA000104 Lowboy Roger 1RBH46309HA520621 Flat Bed Trailer Hiboy 44 x 96 T/A 1UYFS24583A077401 Lowboy FontaineTB50NGB 4LF4S4838T2504760 Trailer Utility Trailer 4YMUL1012FG028998 FLAT BED TRUCKS Flat Bed M6500 Sterling 2FZAAHAL22AJ68743 International Truck 4700 1HTSCAANX1H286414 Flat Bed Truck Peterbilt 2npnhd7x44m817952 Flat Bed Truck Ford F650 XLT Rollback Truck 3FRNF65N44V662126 SERVICE TRUCKS Service Truck Ford F-550 (Out of Service)V94786 Service Pick up Ford F-450 1FDXF47F02ED40331 Service Truck F-550 XL 1FDAF56P17EB26347 Ser Ford F550 XL Crew Cab Mechanics Truck1FDAW56P54EC571269 Service Truck F450XL 1FDX46P35EB48688 Water Truck Water Truck International 1HSHEA7N5NH426892 Water Truck International - 4200 1HTMPAFP96H344575 94 Sweeper Sweeper Attachment Bobcat Case DX45 4x4 Broom Case HBA018128 Trucks-Tactor 2001 Freight Liner Truck Low Boy Truck 1FUJAHCG71PF97449 International Truck Tractor 2HSFEG2R8LC031324 Mack Truck Tractor Vac Truck Vac Truck International 2554 T/A Hydro Vac Truck1HTGCAAT4WH503516 95 FINANCIAL STATEMENTS City of South Miami City Clerk 6130 Sunset Drive South Miami, FL 33143 Project: # PR2022-06 South Miami – Pet Friendly Artificial Turf for Dog Park 96 97 Florida Engineering and Development Corp. Financial Statements for the Years Ended December 31, 2020 and 2019 and Independent Accountants' Audit Report 98 Independent Aud;tors~ Report To the Stockholder of Florida Engineering and Development Corporation Report on the Financial Statements We have audited the accompanying balance sheets of Florida Engineering and Development Corporation (the Company) as of December 31, 2020 and 2019 and the related statements of income and changes in retained earnings, and cash flows for the years then ended, and the related swnmary of accounting policies and notes to the financial statements. Management's Responsibility for the Financial Statements Management is responSible for the preparation and fair presentation of these fmancial statements in accordance with with accounting prindples generally accepted in the United States of America; this includes the deSign, implementation. and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Respomlibility Our responsibility is to express an opinion on these finandal statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the RnandaI statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the fmancial statements in order to deSign audit procedures that are appropriate in the drcumstances. An audit also includes evaluating the appropriateness of accounting polides used and the reasonableness of Significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the flllancial statements referred to above present fairly, in all material respects, the financial position of the Company at December 31, 2020 and 2019 and the results of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. 999 Ponce de Leon Boulevard I Penthouse SUite 1110 I (oral Gables. Fl33134 tel 30S 444 8333 I fax 305 444 8334 I info@pratsfernandez.com I www.pralsfernandez.com 99 Report on Supplementary Information Our audit was performed for the purpose of forming an opinion on the financial statements taken as a whole. The Supplemental Schedules of Contracts in Progress and Completed Contracts are presented for the purpose of additional analysis and are not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the f'mancial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the fmancial statements or to the fmandal statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects to the Imandal st.~tements)ta~n~as a whole . .--..~... "'\ I~ i~ c=:.- April 8, 2021 Coral Gables, florida pf&co prats, fernandez & co. CEI!I1AiD P\l8lIC ACCOUNTANTS 100 December 31, Assets Current assels: Cash Contracts receivable, net of allowance for doubtful accounts totaling $150,000 in 2019 and 2018, respectively Costs and earnings in excess of billings on uncompleted contracts Small equipment inventory Due from stockholder Florida Engineering and Development Corp. Balance Sheets 2010 2019 $ 29,912 S 637,049 2).77,047 3,386,337 625,879 268,216 247,853 249,853 200,000 250,000 Other current assets ______ ._. ____ . ___ .. _. __ .. __ . __ ._. ___ . ____ }.!~_1 __ . __ 36.843 _._--------------_ .. _----- I~~t ._. _____ .... ____ . _____ .... __ . ___ . ___ . _____ . ___ ._. Liabilities And Stoekboldus' Equity Currenl liabilities: Accounts payable and accrued eltpenses Billings in excess of costs and estimated eamings Short-term borrowings 3,418,732 4,828,298 $ 522,517 s 1,294,989 76,S t I 48,042 245,114 945,114 Current.E2rtion of notes payable ___ . __________ . __________ . _____________ '--!!!t?5J . __ ..;;,1~12,611 . Total.,Eurrentliabilities __ .. ____ . _____ . ________________ . ____ . ___ . ___ . ____ ._._ .. _._. ___ .. _.2.~,894 . ___ ~!~OO,~~. Long-Term Liabilities: No~yab)e. net of current ~_rtion __________ . ___ . ______ . ___ .. ___ . ____ . __ ._ .. ____ .. _ .. ______ .~3' 720_._. _____ . __ .~~~!~_ Total liabilities ..... _. _______ . ________ . ___ ... __ . ________ .. ___ ._-1Q.IJh~ ___ 2~~~.56~. Stockholders' Equity: Common stock, $10.00 par value, 750 shares, authorized SO shares issued and outstanding 500 500 Paid in capital 541,929 541,929 Retainedeamin gs .. _____ ~ .. _. ___ . ___ . ___________________ . ______________ }!1~~Llli... ____ 3,6.!~J~6 .'!~!_~E_kholde~~_~~ .. ____________ .__ _ __ . _____ . __________ ._.~_. __ . _____ ~.1?1.~~00 _~160,59~ Total See accompanying summa,y of accollnting policies and notes to financial statements. See Independent Accountants' Audit Report. s 5,293,614 $ 6,617 ,164 Page 3 101 Florida Engineering and Development Corp. Statements of Income and Cbanges in Retained Earnings For the Years Ended December 31 , 2020 1019 Net contract revenue $ 9,678,580 $ 12,391,045 Cost of revenue~ ___ .... _ .. ___ .. _______________ ._ .. ___ ._._ .. _ .... _ .. _ .. __ . __ . ______ ..... ____ .!,90~~~~ _____ .... 9,~.84,21~ . . Gross ~~_ .. ____________ ._ .... __ Operating Expenses: Salaries, wages and benefits Insurance Repairs and maintenance Depreciation Oas, oil and tires Rent Taxes and licenses Office Prokssional fees Travel and entertainment Communications Other ----------.----------... _--_ ... -. _Total 0p-er~in~!e..~~ ___________ . ____ ... ____ . __ . ___ ... _ ......... _ .............. . Income (loss) from operations Other income (expense), net: Gain on disposal of equipment SBA Orant Other income Intertm expense 952,336 963,846 307,606 521,194 274,824 426,778 169,310 128,293 113,322 128,956 112,455 85,798 103,568 88,312 143,941 111,937 33,559 82,264 59,175 52,159 18,361 20,709 ._ ... _ .. _ .. ~!Q~ ____ .1.1,S~_ . .. __ ._ .. ~.d~~_~?_ .. _ .~§_?.!!?.~_ (525,333) 125,079 36,249 113,192 512,000 128,337 58,242 (36.848) (69,127) Settlement costs _ ... __ . __________ . ____ ._. _________ .Q.9,3~ Other income (expense), net 639,738 42,927 Income (loss) before provision for income taxes 114,405 168,006 Provision for income taxes: Current 45,000 .. ~efe~ __ . ______ ._. _____________ .... ____ . __ . ___ .. ______ ._ ... _ ... ___ .. _. ______ . __ . _{15,OO..Ql 1'2!aI provis~n for income tax~ _________ .,._._ ..... ___ . __ ... _ .... ,, ___ . __ . __ ._. _____ ._. ___ ........ _ ...... __ ._ .......... ___ . __ .... _. ___ . Net income 114,405 168,006 ______________________ ._. 3,61 ~I.§.§ __ .. _ 3,450,160 Retained earnings , end of year . See accompanying summary of accounting policies and notes 10 financial statements. See independent Accountants' Aud/J Report. $ 3,732,571 S 3,618,166 Page 4 102 For the Years Ended December 31 , Casb nows from (for) operating activities: Net income Adjustments to reconcile net income to net cash used in operating activities: Bad debts Depreciation Changes in assets and liabilities: Receivables Contract oo§t assets Other receivables Inventory Accounts payable Contract cost liabilities Florida Engineering and Development Corp. Statements of Cash Flows 2020 2019 $ 114,405 S 168,006 169,310 128,293 1,109,290 (315,SOO) (357,663) 232,149 (1,198) (B,484) 2,000 31,231 (772,472) (419,437) 28,469 (33,897~ Net cash provided by (used for) operating activities ________________ . _______ . ___ 292,.!iL ___ 1217,~~9.2 Casb flows from (for) Investing activities: Issuance of note reoeivable to related party .!yrcbase (proceeds from sale) of proyerty and equip.!!'J_'!!!..net _. __________ . _. __ Cash flows from (for) financing activities: Increase In short-tenn borrowings, net Proceeds from notes payable Repayment of notes payable Repaymen! (issuan~~ of ~~~~holder advances (50,000) .. j~~.,:32~) .. __ ._~4,49S . (700,000) 109,690 365,071 (103,642) (207,981) 50,OOO __ -,(c::.;12:::;2:.L,44c..o.6::..£) Net cash provided by (used for) finanCing act~vities ________ . __ _ . __ . __ .. _._. _________ .. _~3,9~_~644 Net decrease in cash (607,\37) (158,500) .. _. __ ._ .. _____ ._._ .... _____ . __ . _____ . _._ ... ___ .. __ .. 637 ~____ 795~~~~. _~ash, end ~ear . ___________ _ __. ___ .. __________ ~. _____ 29,91J. ___ $.. 637,049. Supplemental Disclosure or Cash Flow Information: _._~~~!!..p.~~ __ dur1!!Lt!J.~.1ear for interest ___ ._._._ .. __ ._ .' _ ._. __ ._ .. ___ .. Cash paid durin g the year for income taxes See accompanying summary of accounting policies and notes 10 flnanciol statements. See Independent Accounlants' Audit ReporL $ $ $ 9,280 Page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arlin Engineering, Inc. 3363 West Commercial Blvd., Suite 115 Fort Lauderdale, FL 33309 Phone:(954) 870-5070 Fax:(954) 800-6045 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Phone: (305) 663-6338 352-(&7/2&$7,21 0,$0,'$'(&2817< &,7<2)6287+0,$0, 76 765(5(ARMANDO J. 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Connect. Compete. ALM Media, LLC Please Remit To: CITY OF SOUTH MIAMI PO Box 936174 Atlanta, GA 31193-6174 Attention To: NKENGA "NIKKI·· PAYNE NKENGAA. PAYNE 6130 SUNSET DR SOUTH MIAMI, FL 33143 PLEASE RETURN THIS SEcnON WITH PAYMENT Daily Business Review Miami Dade I Invoice Date: 0211412022 Invoice # I000057948~214 Customer #: 9005479 Description PlacementIPosltfon: BidsiHeamgs/MeetingsiOrdinancesIBid Notices & RFPs Run Dates: 0211412022 Ad Size: 2 x 6.19 Inches CITY OF SOUTH MIAMI -RFP #PR2022 -06 Invoice#: Invoice Date: Due Date: AMOUNT DUE: Daily Business Review MJamlDade Customer No: 900&479 Amount Remitted 10000579486-0214 0211412022 Due Upon Receipt $110.33 TEARHERF. I Amount $110.33 Subtotal $110.33 Total Due $110.33 Visit our online payment portal at https:/lwww.almpaymentcenter.com to pay via credit card For billing questions, please email: ALMcollectJon@alm.com. "~ALM Discover. Connect. Compete. 108 MIAMI ·DADE STAT E O F FL O RIDA CO UNTY OF MIAM I·D A DE : Before the undersign ed au thority personally appeared GUILLE RMO GARC IA, who on oa th says Ihat he or she is the DIRECTOR OF OPERATIONS, Le gal Not ices of the Miami Daily Busine ss Review flkla Miami Review. a da ily (except Sa turda y, Su nday and Lega l Holidays) newspaper, pub li shed at Miami in Miami-D ade County, Florida ; that the attached co py of advertisement, be ing a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -RFP #PR2022 -06 in the XXXX Court. was published in sai d newspaper by print in the issues of andlor by publication on the newspape r's website, if authorized, on 02114 /2022 CITY OF SOUTH MIAMI PET -FRIENDLY ARTIFICIAL TURF INSTALLATION AT CITY DOG PARK RFP #PR2022 -06 SUBMITTAL DUE DATE: MARCH 8, 2022 AT 10 AM Affiant further says The City i s hereby requesting sealed proposals in response to this RFP that the newspaper compiles wi th all #PW2022-06 PET-FRIENDLY ARTIFICIAL TURF INSTALLATION AT legal fo r publica tio n in chapter 50, Flori da CITY DOG PARK. The purpose of this Solicitation is to contract for the Sworn t and subscribed before me thi 14 day of FEBRUARY, AD. 2022 ... ~:.~.~~~t:.~ CHRr~TI~A LYNN RAV IX .. ~/'~\ -: Com mIssIon # GG 277n 1 ~.~.~.~~} Exp ires November 19, 2022 .<~~.~:!~?~., Bonde d Thru TIOY Fain In wra nce 800-38 5·7019 services necessary for the completion of the project in accordance with the Scope of Services. (EXHIBrr 1, Attachments A, B C & D) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project "). Interested persons who wish to respond to th is Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/whichistheCityofSoothMiami'swebaddressfor solicitation information The City will onty receive submittals electronicalty through the DemandStar Electronic Bid System (E-Bidding). To register as a bu sin ess, go t o htt s· network.demandstar.com/ Proposals must be received electronically through OemandStar, no later than 10:00 A.M . local time (the ·Closing Date ") on March 8 , 2022 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumslaJ1ces. Hand delivery will not be accepted. E·BID OPENING VIA VIDEO CONFERENCING: The-opeoiog 01 E-Bids for this solicitation wiJl occur at 10'.30 AM. Iocal"time-on (the Closing Date, March 8, 2022. The City cterk will conduct the E·BId Opeoing through video conferencing using the Zoom platfonn. Members of the public may view the meeting via Zoom at hnrut:Uzoo~6.936339, or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 2/14 Nkenga A Payne. CMC, FCRM City Cieri< City of South Miami 22-24I0000579486 M