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Res No 076-22-15829RESOLUTION NO. 076-22-15829 A Resolution authorizing the City Manager to execute an agreement and to procure professional construction services from Gryphon Construction Services, Inc. for new park improvements at Paseo Park. WHEREAS, the Mayor and City Commission passed and adopted Resolution number 019-22- 15772 for the preparation of concept development designs and contract documents related to a proposed linear open space, Paseo Park, located at SW 50th Street and SW 63 rd Avenue; and WHEREAS, City staff targeted approximately sixty (GO) homes near Paseo Park, issued an online survey, hosted multiple planning and development community meetings, and presented a couple of schematic plans for input between February and May 2022; and WHEREAS, the final plan entails a swing structure with poured-in-place protective surface, a mm1 library station, concrete sidewalk improvements, park identification signage and standard furniture (i.e. trash receptacles, benches), a combination of new tree and plant species installation and removal, and proposed LED lighting to be provided by FPL; and WHEREAS, through the Procurement Division, the City's Parks and Recreation Department issued a Request for Proposal ("RFP") on Thursday, June 2, 2022 for park improvements at Paseo Park. The City received bid proposals from eight (8) firms as outlined below; and Bidder(s) Bid Price TOWER CONTRACTING CORP. -WITHDREW BID $82,800.40 GRYPHON CONSTRUCTION SERVICES ✓ $109,037.91 Perrin International Services, Inc. $118,330 GENCON PARTNERS, INC. $119,971.44 UNITEC, INC. $124,824.20 HOMESTEAD CONCRETE & DRAINAGE $133,491.72 LUMEN CONSTRUCTION SERVICES $154,895 M&J GENERAL CONTRACTORS $187,913.32 WHEREAS, Tower Contracting Corp. sent an email to the Procurement Division requesting to withdraw its bid and the City accepted; and WHEREAS, City staff finds the next lowest bidder, Gryphon Construction Services, Inc., to provide the most responsive and responsible proposal. Gryphon Construction Services, Inc. has listed Leadex Corporation as a sub-contractor; Leadex Corporation has successfully completed several projects of this nature to the City's satisfaction; and WHEREAS, the proposal/cont~act amount shall not to exceed $109,037.91. Page 1 of 2 Res. No . 076-22-1 5829 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing rec itals are hereby ratified and confirm ed 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 execute a contract and to procure professional construction services from Gryphon Construction Services, Inc. for new park improvements at Paseo Park in the amount of $109,037.91. The City Manager is also authorized to utilize contingency funds in the amount of $10,900 for unforeseen conditions in the field . The total expenditu re shall be charged to the Parks and Recreation Capital Improvement account number 301-2000-572-6450, w hich has a balance of $1,144,284 before this requ est was made Section 3. Corrections. Conforming lan guage or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sente nce, or phrase of this resolution is for any rea son held invalid or unconstitutional b y a court of competent jurisdiction, the holding will not affect the va lidity of the remaining portions of this reso lu tion . Section 5. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 5 th day of l.!!!Y, 2022. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND EX ~;;~ crfvATToRNEY COMMISSION VOTE: Mayor Philips: Commissioner Harris: Commissioner Gil: Commissioner Li eb man: Commissioner Corey: Page 2 of 2 5-0 Yea Yea Yea Yea Yea Agenda Item No:4. City Commission Agenda Item Report Meeting Date: July 5, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute an agreement and to procure professional construction services from Gryphon Construction Services, Inc. for new park improvements at Paseo Park. 3/5 (Commissioner Corey) Suggested Action: Attachments: Memo-Paseo_Improvements.docx Resolution-Paseo_Improvements.docx Resolution #019-22-15772.pdf Paseo Park Construction Plans.pdf Bid Tabulation RFP PR2022-14 6.28.22.pdf Proposal Summary RFP PR2022-14 6.28.22.pdf Withdraw Bid Email.pdf Gryphon Bid Proposal.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:July 5, 2022 SUBJECT:A Resolution authorizing the City Manager to execute an agreement and to procure professional construction services from Gryphon Construction Services, Inc. for new park improvements at Paseo Park. BACKGROUND:The Mayor and City Commission passed and adopted Resolution number019- 22-15772 for the preparation of concept development designs and contract documents related to a proposed linear open space, Paseo Park, located at SW 50th Street and SW 63rd Avenue. City staff targeted approximately sixty (60) homes near Paseo Park, issued an online survey, hosted multiple planning and development community meetings, and presented a couple of schematic plans for input between February and May 2022. The final plan entails a swing structure with poured-in-place protective surface, a mini library station, concrete sidewalk improvements, park identification signage and standard furniture (i.e. trash receptacles, benches), a combination of new tree and plant species installation and removal, and proposed LED lighting to be provided by FPL. The project limits for all improvements herein are located at Paseo Park. PROCUREMENT PROCESS:Through the Procurement Division, the City’s Parks and Recreation Department issued a Request for Proposal (“RFP”) on Thursday, June 2, 2022 for park improvements at Paseo Park. The City received bid proposals from eight (8) firms as outlined below. Bidder(s)Bid Price TOWER CONTRACTING CORP.–WITHDREWBID $82,800.40 GRYPHON CONSTRUCTION SERVICES $109,037.91 Perrin International Services, Inc. $118,330 GENCON PARTNERS,INC.$119,971.44 UNITEC,INC.$124,824.20 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Tower Contracting Corp. sent an email to the Procurement Division requesting to withdraw its bid and the City accepted. City staff finds the next lowest bidder, Gryphon Construction Services, Inc., to provide the most responsive and responsible proposal. Gryphon Construction Services, Inc. has listed Leadex Corporation as a sub-contractor on this project. Leadex Corporation has successfully completed several projects of this nature to the City’s satisfaction. VENDOR & EXPENSE:Gryphon Construction Services, Inc Proposal/contract amount shall not exceed $109,037.91. A 10% contingency in the amount of $10,900 is included for unforeseen conditions at the discretion of the City Manager. FUND & ACCOUNT:The total expenditure ($119,937.91), which includes contingency funds for unforeseen activity, will be paid from Parks & Recreation Capital Improvement Fund 301-2000-572-6450, which has a current balance of $1,144,284. ATTACHMENT(S):Resolution Resolution #019-22-15772 Construction Plans: Paseo Park Bid Tabulation Sheet Proposal Summary Bid Withdrawal Email – Tower Contracting Corp. Proposal – Gryphon Construction Services, Inc HOMESTEAD CONCRETE &DRAINAGE $133,491.72 LUMEN CONSTRUCTION SERVICES $154,895 M&JGENERAL CONTRACTORS $187,913.32 3 Page 1 of 2 RESOLUTION NO. _________________1 2 A Resolution authorizing the City Manager to execute an agreement and to procure 3 professional construction services from Gryphon Construction Services,Inc. for new 4 park improvements at Paseo Park. 5 6 WHEREAS, the Mayor and City Commission passed and adopted Resolution number 019-22-7 15772 for the preparation of concept development designs and contract documents related to a 8 proposed linear open space, Paseo Park, located at SW 50th Street and SW 63rd Avenue; and9 10 WHEREAS, City staff targeted approximately sixty (60) homes near Paseo Park, issued an 11 online survey, hosted multiple planning and development community meetings, and presented a 12 couple of schematic plans for input between February and May 2022; and13 14 WHEREAS, the final plan entails a swing structure with poured-in-place protective surface, a 15 mini library station, concrete sidewalk improvements, park identification signage and standard 16 furniture (i.e. trash receptacles, benches), a combination of new tree and plant species installation 17 and removal, and proposed LED lighting to be provided by FPL; and18 19 WHEREAS,through the Procurement Division, the City’s Parks and Recreation Department 20 issued a Request for Proposal (“RFP”) on Thursday, June 2, 2022 for park improvements at Paseo 21 Park. The City received bid proposals from eight (8) firms as outlined below; and 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, Tower Contracting Corp. sent an email to the Procurement Division requesting to 35 withdraw its bid and the City accepted; and 36 37 WHEREAS, City staff finds the next lowest bidder, Gryphon Construction Services, Inc., to38 provide the most responsive and responsibleproposal. Gryphon Construction Services, Inc.has listed 39 Leadex Corporation as a sub-contractor; Leadex Corporation has successfully completed several 40 projects of this nature to the City’s satisfaction; and 41 42 WHEREAS, the proposal/contract amount shall not to exceed $109,037.91. 43 44 Bidder(s)Bid Price TOWER CONTRACTING CORP.–WITHDREWBID $82,800.40 GRYPHON CONSTRUCTION SERVICES $109,037.91 Perrin International Services, Inc. $118,330 GENCON PARTNERS,INC.$119,971.44 UNITEC,INC.$124,824.20 HOMESTEAD CONCRETE &DRAINAGE $133,491.72 LUMEN CONSTRUCTION SERVICES $154,895 M&JGENERAL CONTRACTORS $187,913.32 4 Page 2 of 2 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE 1 CITY OF SOUTH MIAMI, FLORIDA:2 3 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 4 correct and are hereby made a specific part of this resolution upon adoption hereof.5 6 Section 2. The City Manager is hereby authorized to execute a contract and to procure 7 professional construction services from Gryphon Construction Services, Inc. for new park 8 improvements at Paseo Park in the amount of $109,037.91. The City Manager is also authorized 9 to utilize contingency funds in the amount of $10,900for unforeseen conditions in the field. The 10 total expenditure shall be charged to the Parks and Recreation Capital Improvement account 11 number 301-2000-572-6450, which has a balance of $1,144,284 before this request was made12 13 Section 3. Corrections. Conforming language or technical scrivener-type corrections 14 may be made by the City Attorney for any conforming amendments to be incorporated into the 15 final resolution for signature.16 17 Section 4. Severability.If any section clause, sentence, or phrase of this resolution is for 18 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will19 not affect the validity of the remaining portions of this resolution.20 21 Section 5. Effective Date.This resolution will become effective immediately upon 22 adoption.23 24 PASSED AND ADOPTED this ____ day of _____________, 2022.25 26 ATTEST:APPROVED:27 28 ___________________________________________29 CITY CLERK MAYOR30 31 READ AND APPROVED AS TO FORM, COMMISSION VOTE:32 LANGUAGE, LEGALITY, AND Mayor Philips:33 EXECUTION THEREOF Commissioner Harris:34 Commissioner Gil:35 Commissioner Liebman:36 _______________________Commissioner Corey:37 CITY ATTORNEY38 5 6 RESOLUTION NO. 019-22-15772 A Resolution authorizing the City Manager to instruct and to pay Marlin Engineering to prepare concept development designs and contract documents related to a proposed open space, Paseo Park, located at SW 50th Street and SW 63rd Avenue. WHEREAS, pursuant to the Professional Service Agreement provided by the City for professional general engineering and architectural services, city staff desires to engage Marlin Engineering to provide concept development designs, to assist staff as-needed at community input meetings, and to develop a complete contract set of plans for permitting and construction purposes related to the development of a proposed pocket park, Paseo Park, located at SW 50th Street and SW 63 rd Avenue; and WHEREAS, the 1st of 2 virtual community meetings is tentatively scheduled to be held in March 2022. At this meeting, city staff plans to review and discuss feedback gathered from the survey, present an early concept site plan, and respond to general comments and concerns; and WHEREAS, the attached proposal directs Marlin Engineering to commence early concept development design work in preparation of the upcoming community meetings; and WHEREAS, the proposal/contract amount shall not to exceed $13,050. 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 instruct and to pay Marlin Engineering to prepare concept development designs and contract documents related to a proposed open space, Paseo Park, located at SW 50 th Street and SW 63 rd Avenue. The total expenditure in the amount of $13,050 shall be charged to account number 301-2000-572-6450, which has a balance of $1,248,197 before this request was made. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This resolution will become effective immediately upon Page 1 of 2 7 Res. No. 019 -22-1 5772 adoption . PASSED AND ADOPTED this 15 th day of February, 2022 . ATTEST: READ AND APPROVED AS TO FORM, LAN E APPROVED : ~ ~b ~y /MAYOR COMMISSION VOTE: 5-0 Mayor Philips: Yea Commiss i oner Harris: Yea Commissioner Gil: Yea Commiss i oner Liebman: Yea Commissioner Corey: Yea Page 2 of 2 Agenda Item No:4. City Commission Agenda Item Report Meeting Date: February 15, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to instruct and to pay Marlin Engineering to prepare concept development designs and contract documents related to a proposed open space, Paseo Park, located at SW 50th Street and SW 63rd Avenue. 3/5 (Commissioner Corey) Suggested Action: Attachments: Memo-Paseo_Design_Plans__QP_ (1).docx Reso-Paseo_Design_Plans.docx Marlin E. Proposal-PaseoPark.pdf Paseo Park-Topography Survey.pdf Paseo Park-Community Input Survey.pdf Marlin Professional Service Agreement.pdf 18 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:February 15, 2022 SUBJECT:A Resolution authorizing the City Manager to instruct and to pay Marlin Engineering to prepare concept development designs and contract documents related to a proposed open space, Paseo Park, located at SW 50th Street and SW 63rd Avenue. BACKGROUND:Pursuant to the Professional Service Agreement provided by the City for professional general engineering and architectural services, city staff desires to engage Marlin Engineering to provide concept development designs, to assist staff as-needed at community input meetings, and to develop a complete contract set of plans for permitting and construction purposes related to the development of a proposed pocket park, Paseo Park, located at SW 50th Street and SW 63rd Avenue. To date, the City’s Parks and Recreation Department has completed a site/property survey and gathered input from area residents. A copy of the input survey results are attached. The 1st of 2 virtual community meetings is tentatively scheduled to beheld inMarch2022. At this meeting, city staff plans to review and discuss feedback gathered from the survey, present an early concept site plan, and respond to general comments and concerns. The attached proposal directs Marlin Engineering to commence early concept development design work in preparation of the upcoming community meetings. EXPENSE:Amount not to exceed $13,050. ACCOUNT:The total expenditure in the amount of $13,050 shall be charged to account number 301-2000-572-6450, which has a balance of $1,248,197 before this request was made. ATTACHMENTS:Resolution Marlin Engineering Proposal Topography Survey Copy of Community Input Survey Copy of Marlin Engineering Professional Service Agreement 29 February 8, 2022 Quentin Pough, CPRP Director of Parks and Recreation Department City of South Miami - Parks and Recreation Department Re: Engineering Services – Paseo Park beautification improvements along SW 50thStreet and SW 63th Avenue. Dear Mr. Pough: Marlin Engineering, Inc. is pleased to present this proposal to provide the services identified below pursuant to the Professional Services Agreement provided by the City of South Miami (“City”) for Professional General Engineering and Architectural Services, dated March 31st, 2017 and the renewal executed April 7th, 2020. I. Scope of Work The scope of work for this project is to provide engineering design, preparation of concept development design, preparation of construction documents for the beautification of Paseo Park along SW 50th Street and SW 63th Avenue. The proposed project will consist improvements to the landscaping, repair existing sidewalk, open green space, installation of park recreational equipment, trash receptacles, park benches, signs and safety barriers to prevent vehicular parking and park pass-through. The sidewalk improvements shall be in accordance with the American with Disabilities Act (ADA). The project location is shown in the map below. 510 Miami • Fort Lauderdale • Tallahassee • Puerto Rico 305.477.7575 • www.marlinengineering.com Page 2 of 4 The scope of work outlines the effort required for the production of the construction documents which will be in accordance with City of South Miami and Miami Dade County Standards and Specifications. II. Professional Services Task 1 – Pre-Design Services a) Development of Concept Design- Produce conceptual design plans for illustrative purposes to convey anticipated uses. b) Field assessment of existing conditions including photo records. c) Public meeting - attendance to two (2) virtual or live public meeting to provide public notification results and park concept design to the surrounding neighborhood. Includes the material and/ or PowerPoint presentation. Deliverables provided under Task 1:  Concept Design in PDF format & One update after the first public meeting.  PowerPoint Presentation (or) Board presentation of concept design (1-board). Task 2 – Design Phase/ 100% Plans a) Project General Tasks – Project Management and coordination with the City of South Miami. b) Prepare a complete contract set of plans including 1. Key Sheet 2. Summary of Pay Items 3. General Notes 4. Civil Plan Sheet, landscape and disposition integrated in the Civil sheet, landscape details, and one civil detail sheet. 5. Quantities c) Specifications/Bid Documents d) Submit the 100% plans for City to review. Once all comments are addressed, or if no comments or corrections are necessary, then submit the final signed and sealed construction documents and specifications to the City. e) Landscape mitigation and permitting will be handle by the City, and Marlin will provide miscellaneous support to the City’s arborist and City’s Project Manager to facilitate the process. Deliverables under Task 2: a) 100% construction documents. b) Final signed and sealed construction documents. c) Updated construction cost estimate. Task 3 – Bidding Assistance, Post Design/Construction Engineering Observation Services a) Provide written responses and/or revisions to all requests for information (RFIs) including assistance with the review and technical evaluation of Contractor’s request for change orders and claims, review shop drawings, and provide recommendations and cost evaluations to the city during construction. b) Provide design revisions, as necessary 611 Miami • Fort Lauderdale • Tallahassee • Puerto Rico 305.477.7575 • www.marlinengineering.com Page 3 of 4 c) Attend Substantial Completion inspection and physical walk-through of the project. III. Subconsultants The below listed subconsultants will assist in the performance of the Work. Subconsultant Name Specialty or Expertise N/A N/A IV. Schedule of Work – Time of Performance The anticipated length of service for Tasks 1 – 2 shall be ten (9) weeks commencing after the Notice to Proceed. Consultant shall submit the Deliverables and perform the Work as depicted in the table below. Task 3 schedule shall be determined based on the bid dates and construction award period. SCHEDULE OF DELIVERABLES Task or Activity ID# Major Task, Sub-Task, Activity, or Deliverables Duration Delivery Date 1 Pre-Design Services 4 weeks +4 2 100% Plans and Permits 4 weeks +8 Review by the City 1 weeks +9 3 Post Design Services TBD TBD Deliverables: At the completion of each task, Marlin will provide to the City all files associated with each deliverable to include drawings files in DWG and PDF formats. V. Compensation Consultant shall perform the work detailed in this Proposal for a Total fee of $13,050 and 00 cents. The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount unless approved in a supplemental work order. SUMMARY OF COMPENSATION Task or Activity ID # Task Name and/or Activity Description Fee Amount Fee Basis 1 Pre-Design Services $4,225.00 Lump Sum/Not to Exceed 2 100% Plans $7,375.00 Lump Sum/Not to Exceed 3 Post Design/Construction Engineering Observation $1,400.00 Not to Exceed Not to Exceed Total $13,050.00 712 Miami • Fort Lauderdale • Tallahassee • Puerto Rico 305.477.7575 • www.marlinengineering.com Page 4 of 4 VI. Exclusions from Basic Services The following services are excluded from this scope of services: a) Utility Coordination b) Geotech c) Permitting – But for tree planting. d) Foundation structure analysis and design for the playground structures. e) SUE, hardscape, environmental, MEP, electrical, lighting f) Off-site pedestrian or traffic improvements g) Landscape mitigation and permitting will be handle by the City, and Marlin will provide miscellaneous support to the City’s arborist and Project Manager to facilitate the process. h) Landscape analysis, disposition determination, and new planting requirements will be handled by the City’s arborist and City’s Project Manager. VII. Additional Services Additional services and unforeseen circumstances beyond established scope shall be negotiated in good faith and at the sole discretion of the City. VIII. City Furnished Documents & Data The following information or documents are to be provided by the City:  Survey  Independent play structure specifications.  Arborist Services, tree disposition analysis and new planting requirements. IX. Project Manager Consultant’s Project Manager for this Project will be Mr. Armando Aguiar, P.E. Submitted by: ______________________________________ Aycel Freda, P.E. Director/Business Development Marlin Engineering Reviewed and approval in concept recommended by: Department Director Procurement Manager City Manager 813 CITY OF SOUTH MIAMIConsultant Name: Contract No.: Project: Date: Project No.: Description: Work Order No: Staff Hours Salary AverageApproved Rate Rate:$150.00Rate:$125.00Rate:$90.00Rate:$75.00Rate:$45.00Rate: Rate: By Cost By Rate PerMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskMan hoursCost/ TaskTask Task Task1 23$4503$225 6 $675 $112.5032$3004$50016$1,200 22 $2,000 $90.9144$600 4 $600 $150.005Powerpoint Presentation or Boards Presentations 2$3002$25010$450 14 $1,000 $71.436 7TASK- 2 91$1502$2504$3007 $700 $100.00101$1502$250 4$300 7 $700 $100.00111$1506$75024$1,800 31 $2,700 $87.10121$1502$2506$4509 $850 $94.44132$3002$2506$450 10 $1,000 $100.00141$1501$1254$3006 $575 $95.83152$3002$250 4 $550 $137.5016Quality Control and Peer Review 2$300 2 $300 $150.0017 18TASK- 3 192$3004$5008$600 14 $1,400 $100.002021 222324 25 26 27 24 27 75 10136$3,600.00 $3,375.00 $5,625.00 $450.00$13,050.00 $95.9617.6% 19.9% 55.1% 7.4% 1 - SUBTOTAL ESTIMATED FEE: multiplier 1.00 $13,050.00additional Services (AllowSubconsultant: Estimate of Principal's FeeSubconsultant: / hour = -$ Subconsultant: Principal's Fee-$ 2 - SUBTOTAL ESTIMATED FEE: $13,050.00Notes:1. This sheet is to be used by Prime Consultant to calculate the Grand Total Fee and one is to be used for each Subconsultant 2. Manually enter fee from each subconsultant. Unused subconsultant rows may be hidden3. Where applicable the basis for work activity descriptions shall be the FICE/FDOT Standard Scope3 - SUBTOTAL ESTIMATED FEE: $13,050.00 and Staff Hour Estimation Handbook.4. Enter the multiplier value in the field after the word "multiplier" Maximum of 2 decimal points.GRAND TOTAL ESTIMATED FEE: $13,050.00 Consultant Fee Proposal WorksheetMarlin Engineering, Inc. Engineer Intern ClericalPaseo Park beautification improvements_ SW 50th St & SW 63th AveSTAFF CLASSIFICATIONSr. Project Mngr Senior Engineer2/8/2022Total Staff CostNote: Fee for the Principal(s) of the firm are not to be included above as the multiplier is not applicable to their hours. The fee is to be shown below and entered as a separately Job ClassificationKey Sheet/General NotesJose Ferrer, E.I.Public meeting attendance Sr Const Inspector Specifications and Bid DocumentsTotal % of Work by PositionAssigned StaffYenny Soca, P.E. Post Design/Construction Engineering ObservationPlan SheetsDetail Sheet Total hoursJulio Almeyda Jenny ByrneLandscape Plant.&Disp.and DetailsConstruction Cost EstimateArmando Aguiar, P.E.Total Staff HoursTaskTASK-1Field ReviewDevelopment Of Concept DesignSummary of Pay Items/QuantitiesReimbursables (Allowance) Other Misc. Fee:Enter Fee DescriptionSurvey Fee (or Survey Crew Fee):Geotechnical Field/Lab Testing:Additional Services (Allowance)1914 1015AS-BUILT AND TOPOGRAPHIC SURVEY OF • • A PORTION OF THERIGHT-DF-WAYOFS.W. 50STREET; LOCATED WEST OF THE INTERSECTION WITHS.W. 63 A VENUE, AND BEING A PORTlON OF THE EAST HALF OF THEN. W. 1/4 OF THE N.E 1/4 OF THE S. 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THE BE:PRltJGS SHmo.r, HERrntl Ml£ ~SEO 0/I 11'1£ r.ioR1ll ~/ ll-'ITW,; CJF 19al Mm 11'1£ ~DI, =JD.ff Of 7f/E Fl.Olmlo\ ST.-ITE PtANE =tl-\TE S"rSID,f, mE rAST J..ll/f Of J1-IE tAST J-l4J.F CIF rnf 11.W. l/4 Of TH£ /.1,.f. 1/4-OF Trl£ S,W, 1/4-OF SECTION 24, rol'niSJ-1/P 54 soon;, fW/GE «J £-\ST. /IDlRS II. 112'Hil:>! ~f. J_ T1i E S'"tN BDL.S REFI..ECTECl IU THE L.EGEtJ□ AtlD GrJ THIS SUR\'IT M'."f HA\/E BETIJ nlL'\R[;E□ FaR Cl.loRrn'. THE SWBDL!l HO/,'E BEEPl pl.DTIIl) ~T Tl-lo CEJ'ITER ClF Tl-lo FlE:l.□ UJC.O.TIOtl Atrn MAY rlCT REPRESotff 11-lE t.ClU',l_ SH-IPE OR SIZE OF THE FEATURE. 4-. THE ltlFORW.TIOtl DEP= ON THIS SURvEY R£PRESEIITS THE RESIJLTS Ot A FIELD SIJR'.EY ON THE DATE ltJDICATED ArJD Ml otJLY BE CotlSIDERED "5 ,<. REPRESEtllil,TIOU OF THE CENERl>l CotJDITIONS D:tsllfJC: AT THAT TIME. 5. THE SUR\/EYOR DI□ tlaT lt.JSP'ECT THE PRDPERIT 51-IClWN HERE!lPl FaR EJNIROtJMETJT,',L H,',Z!,R□S. B_ OWtlERSHIP DF Wl>l.l...'l OR FENCES W"-'l tmr DETERolltJED. 7. THE lt,FORWtTIOrl Cellff,'ffjEI, ltl THIS oocurmff WMi, PREP/ll<ED E!'1" TERlv'lrlQ'U, SURvEYO~, ltlC, TERIWIO\/A HAS Tl>l<Etl ,'LL REASOt<l'.BLE STEPS TO ENSURE THE .&.CCUl'AGY OF THIS DOCUMENT. WE C,,,Nt.JOT C:U'R',lnEE THAT ~l TER.6.TIOrJS AIJD/OR l.10lllRCATIOtlS ll'ILL rmT BE t.1/>DE m' OTHERS /\Flffi fl LEA\/ES QI.JR POSSESSIDIL TH ts □aCUMEtH .,UST EiE CDMPl'JsE□ TII THE [)f'lGlf-1'\L K"R[l CDl'T (WHICH IIE."Rl, THE R/,JSl:ll su=R'S CERTlFlCO.TIOf'l SEAL IF APPLICABLE) TII EJ'/SLIR&: Tl-lo ACCIJFIACT DF THE ltlFDRMATIIJl'l CDtffllJrlrn HoRrnti .oilD TC FURTHER msuPE THAT M.TEAATIOt<IS AIJD/OR MODI FICATICltlS H/(\,IE tlOT BErn W.DE. TEllR'lrlCJW, tM~ES tlO 'NAAR,'J.JTIES, EKPRESS OR IMPLIED, cotmERNlrJc: THE ,'.OOUIWJY OF THE lrJFORW.TlOII corn.•mrn Ill THIS OR 1-1-rr' DOCUt.1EtH TW.tlS~IITTD OR RE\.1E\I/ED BY COMPUTER OR OTHER ELECTROIUC ~EAtlS. COIHACT TERIWI0\/11 DIRECTLY F'DR \,t;RIFIC~TlCJIJ CF l'DCUR.>'C'I'. B. SUBSURFACE unum::s, FaUIJ□ATlar,s mo EJJCRDACH.,EtJTS WERE tJDT LCJCl,TE□ Atm l'RE rJCT SHClWl'l HEREDtL TH IS sir,: COULD HO/,'E UIJDERGRDUrlD ltJST.'J..l.ATIDtlS WAT ARE tJCT SHOI\T'J Hol1£lltJ. BEFORE lloSIGtl' CQN5TRUCT1Qtj OR EXC.O.W.TlOtl, COrHACT SIJtlSHlt,E ~/\TE otlE CALL OF FLORID/\ {1-eoo-4n-477C i'tlD THE N'PROPP:l'-TE UTIUrt" COMP/>J'JIE5 FOR FIELD \offilFK:"-TiotJ OF IJTIUTIES. THIS SUR',,,IT IS LIMITED TO "80',,,ECROl.mD FEATURES otJL Y, Q_ A□Dmor.JS ClR □EL.E:nClrlS TD SURYE'r' tMPS □R REPDfmi BY OTHER THl'J'l TliE SIGIJttm PARTY DR PARTIES l'RE PRDHIEllTED \lolTHClUT WRITTEtJ DCl'l=IT DF THE SIGIJIIJG PARTY DR PARTIE5, 10. Tl-lo UIJDERSIGtJ,:□ .oilD TERIW-JEl\/A SUR\IEYORS It.JC., t,l,',J(,:S rm REPR.SEJ'ITATlOfJS OR GIJARAtn,:,:s />S TCJ ™• lt,FORIMTIOrl IULECIID HEl!Elm PEITTi'IMt,t; TO E:&.50.ENTS, AICHTS OF WIIY, 5EIEACK LIIIES, ACPHlrlErlTS, Ari□ OTHER t.lATTERS. SUCH ltlFORtA,',TlO/l 5HOU lD BE OBT,'JNED />J'JD CotlFIRl.1ED BY OTHERS THROUGH />PPROPP:l'-TE TIT1-E \IERIFID'.TlOIJ. THE L'ttrns SHG\Wtl HEREOl'l WERE rmr ABSTRACTED F'DR Rlt.Hr5 DF WAY ,.N□/o~ E/>5EMEtffS CJF RECCJRCJ. 11 . SOME OF THE TREES LOCATED Atm SHDWtl HEREDll WERE CI.ASSIFlED BASED mJ COo!Mlll'J l(tl0\ll.£11GE DF TREE SPECIES. All ARBORI~ SHOULD BE EMPLO')E) FOR ,'JJ N.;CU~TE CIASSIFlCATIOtl IF tlEIDED. QtlL, TRE~ WITH 4 WIPER lrJCHES OF TRUtlK D~mR OR MORE H,',VE BEEII L<JCATED. S.W. 50th STREET (Ut,DEVELOPED PGRTIOU) ------:S 11.700'----1i'j~~-X 12'.□4' X 1 -\ l I 1 \ l I :< 1Tji' TOTAL RIW=50' ._ 587"2510011W 80.001 (R) ..... " Fallo: 09-4024-000-0740 A portion of tt,e East 112 of the N.W. 1/4 of the N.E. 1/4 of1he S.W. 114 of Sec. 24, lWP 54 S., Rge 40 E. ELEVATIONS llltflLlt&N0!:1 l \ 1 \ 1 \ l El£YATlDtlS SH[)'iljH H rnEDll M:E l!fFER~ED TD THE lll>.Tlml'.L GEODETIC VERTICAL D/,,TUM OF 1 !!2!! (t.J(M) 29), N-lD M'f:. WED or, THE FOLLOl'lltll, EIEtlCH IMRI(; BErlCHM'RK 1-l'ME , P-5005 ELEW,TlDrl (llG\/D .29) : 1.2.84' LJ:lCi\TIOl'l: 5.\W. 4~ STREET -----3~ FEET IJOffil-1 OF CEI.JTERLIIJE s_w_ 112 WEllUE -----1 .55 FEET 'I/EST DF Cfl'ITERUrlE: COFIAI... LA~• 01-llvE ----25 FEET EAST ClF CotJTEl!I..Jt« IJESCRIPTlQtj ; P,',J'XE~t<.•um t,WL ,'JJD AWMIIJUM \\'ASHER Ill CONCRm SIDEWALK rlEMl FlPE fMllW.JT TREETAJJI.E -ffill//lll .,,_, Mil. ,..,.. ,__ {&) {&J , lf/UI '16 f6 ta }! .... 'M 16 ro 3 a« ro 2D M 4 --a • t8 5 --'Ill 111 ta • lltll!a1ME ~ a ,,, ~~ "' --fit -ff a OIi( :M 411 ,, ,o OIJ a -zr; ,, --:ID -zr; ,11 ---;Jtj 1/(j II --llllf a l!I} 'U u Mr .1111 --5' t,tF,1 ,-.+==;Ct-~ .. ,~"fi-I I )(.J.2,23'• ~ ss1"2s1oo''W ao.oo' lRl E -Folio: 09-4024-000-0T70 A portion of the East 1/2 of the N.W. 114 of the N.E. 1/4 of the S.W. 114 af Sec. 24, TWP 54 S., Rge 4o E. LEGEND: IJ.P. untnY POtE EB' ElEC)m:'.; BOX W.F. WODl!BII FENCE cot-IC CONCRETE SIi'/( SfDEl'l:JJ.1/ R/11' l<,l';flr --Of-Llllr F.~. FlR£ m'QSW./T l!.F. l!IT.'lt FE'<'CE O.M.L. GVEl'J-Mt/G LJrrurY LJ/lf.'5 re ~C1TTONS BOX W.11. Llllill'I 1-l\LW:: = sa:rmri TWP TOWNSHIP RGE 1<4Nf.'E P.a ___ Pl.AT !IOOI<: PG. ___ F\'IG£ IW. C:.~----IMI//-0,4DE COOl-trt' RITOfIDS-L ___ ,'J!C CB/CTI-I R ___ 1<40JIJ5 tD/GTTI (R) ___ PER RECClRDS T ___ TAIIGDff LD/Gn! X 0.00' ___ stJRFAC't El.M1lON ___ TRU: fllJ.lll!fR Aflli Wr.:-ITT()fl ---lJnlflY PO{£ ___ CE/= ANGU" ___ CEI/Telll.111£ ___ BREAK 1/"J S~L!' 2s.a' l x-., .57' X 12.'il!l' X 12.SCl' X12.15' 25.0' X 11.95'~ 11,73, CElll'IF'ICATID; TO; CITY OF SOUTH MIAMI, o· ...... ·.·.·.·.-·,,;·. •,i;:':;_ , ... t. ·:;.z:;jj; Tract 10 (P.B. 39 -Pg. 65, M.O.C.R.) Tract 11 {P .B. 39 ~ Pg. 65, M.D.C.R.) 2.55' I HE:RE:BY CE:RTIFY THAT THIS AS-BUILT Arm TOPOGRAPHIC SURVE"f Hi\S BE:rn MADE UNDER MY DIRECTION, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS A TRUE AfJD ACCURATE REPRESEtJTATIOfJ OF A SURVEY THAT MECTS THE STMJDARDS OF PR/\CTICE: SET FORTH BY THE: FLORI DA B01\RD OF PROFE:SSlotJAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 OF THE FLORIDA ADMlrllSTRATIVE CODE PURSUAIJT TO SECTIDrJ 472.027 FLORIDA STATUTES. THE FlELD WORK W"5 COMPLETED DN JAtlUARY 10, 2022. MAGDIE:L A. FROMITA PROFESSlotJAL SURVE'T'OR AND MAPPER NO. 6957 STATE OF FLORIDA TERRANOVA. SURVE'T'ORS, INC. L.B. 8045 email: m□~@terronovasurveyors.com u z: > w > a= => V) u :::r:: CL <( a= (.!) 0 Q. 0 I-□ z <C !::::i -:::) cc I (,/') <t LL 0 Q. <t ~ tu LU a:: t;; 0 Ln ..,, "'" 0 00 # al ....J Lil "d-o q-i 00 0 -.::I-I \0 00 r--• ...J w ~ 3:: Ln vi '-" LL T'""I 0~ ~ Li 3: _ .. LL U. ~ oO ~ t■!-::i! ::c ::c ~~ LL 0 0 u, z a ~ 0 CL < 2201.011 --1 / 10 / 202.2 1116 Community Input Survey -Paseo Park Ql This park will include common amenities such as a park identification sign, trash receptacle, benches, etc. Please select your TOP THREE (3) features for this park: VOID VOID Pop-up Mini Lib r ary Bo x Independent/ Freestanding ... Open-Grassed Area for ... Picnic Tables Native Tree Planting and ... Dog Amenities (i.e . pet wa ... Outdoor Exercise ... VOID Answered : 97 Skipped: O ----------------- 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 1217 Community Input Survey -Paseo Park ~SWER CHQICES VOID VOID Pop-up Mini Library Box Independent/ Freestanding Play Structure, i.e. Swings Open-Grassed Area for Leisure Activities Picnic Tables Native Tree Planting and Landscaping Dog Amenities (i.e. pet waste station) Outdoor Exercise Equipment VOID TQt~-RespQnq1mts: 97 RESPO NSES 0.00% 0 0.00% 0 21.65% 21 50.52% 49 65.98% 64 43.30% 42 57.73% 56 40.21% 39 20.62% 20 0.00% 0 1318 # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Community Input Survey -Paseo Park Q2 What other features, excluding those above, would you like to see included? Answered: 97 Skipped: 0 RESPONSES DATE Shade cover (tree or other) 1123/2022 11:38 AM Landscaping with plants to make area appealing 1123/2022 11: 15 AM Something educational for kids? About nature? 1/23/2022 10:26 AM Lightning so park c:nn he P.njoy1cd h1cforP. rlawn ,rnd ,1fter rl11sk 1/23/2022 9:06 AM Rird feeder 1 /2'.'l/2022 7: 13 AM Climbing wall 1122/2022 7:37 PM Covered seating area/gazebo 1122/2022 12:30 PM Water station 1/21/2022 1:27 PM High quality walkway and bikeway 1/21/2022 7: 17 AM None 1/21/2022 6:32 AM Curb appeal no seating 1/20/2022 2:13 PM Benches 1/19/2022 5:15 PM N/A 1/19/2022 1:57 PM Trail, path 1/19/2022 11:27 AM Water faucet/a picket for dog water 1/19/2022 9:35 AM Bird houses 1118/2022 6:13 PM None 1118/2022 4:18 PM Parking space 1/18/2022 11:10 AM None 1/17/2022 8:32 PM None 1/17/2022 6:28 PM Community garden 1117/2022 6:03 PM Community edible garden 1/17/2022 6:03 PM Refillable water station for water bottles 1117/2022 5:50 PM Walking and biking pathways, i.e., paseos. 1/17/2022 5 :39 PM N/a 1/17/2022 4 :38 PM None 1/17/2022 2:18 PM It was covered above 1/17/2022 10:33 AM Lighting 1/17/2022 10:04 AM Bike/walking path through connecting sw 50th 1/17/2022 9 :53 AM Benches 1/17/2022 9:47 AM More flowers and better landscaping 1/17/2022 8 :51 AM l /3 1419 32 33 34 35 36 37 38 39 40 41 42 43 M 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Community Input Survey -Paseo Park Trash can and recycle bin, community garden None Lights to walk through area in evening Library box Native tree landscape would be my #4 choice Kids friendly flooring, basketball hoop Soccer field or any area for sports benches None Recycling receptacles Well maintained like a park in the city of coral gables Playg rou ncf Lighting for walking through area at night Dog water station I would like to leave it as green as possible Drinking water fountain to include pets Water feature Outdoor exercise equipment Benches I think the park should be a simple green space where kids could play or run Water fountain Native landscaping, picnic tables None Trash cans and lighting Rain garden, pollinator garden, passive nature play Shade trees Dog poop bags and a fence Sign-out sheet for use of picnic tables for family BBQ Benches to relax Cold Water bottle filler Lighting None . I live on the street and the less the best. We don't want traffic on our private street Benches to watch kids at play and slide ldk . A level ground Water fountain Removing tl1e sharp rocks water fountain 2/3 1117/2022 8:50 AM 1/17/2022 8:45 AM 1/17/2022 8: 10 AM 1117/2022 7:48 AM 1116/2022 1:24 PM 1/16/2022 12:31 PM 1116/2022 12:08 PM 1116/2022 12:07 PM 1/16/2022 10:27 AM 1/16/2022 7:15 AM 1115/2022 10:17 PM 1115/2022 9:06 PM 1/15/2022 5:22 PM 1115/2022 3:08 PM 1115/2022 12:32 PM 1/15/2022 11:44 AM 1/15/2022 11:44 AM 1115/2022 10:39 AM 1115/2022 9:53 AM 1/14/2022 7:46 PM 1/14/2022 6:08 PM 1114/2022 4:35 PM 1/14/2022 3:11 PM 1114/2022 2:20 PM 1114/2022 12:38 PM 1114/2022 10:31 AM 1/14/2022 10:23 AM 1/14/2022 7:52 AM 1113/2022 10:06 PM 1/13/2022 8:42 PM 1/13/2022 7 :55 PM 1113/2022 7:13 PM 1113/2022 6 :13 PM 1113/2022 5 :06 PM ll13/2022 4 :42 PM 1113/2022 3 :16 PM 1/13/2022 1:09 PM 1/13/2022 12 :5 2 PM 1520 70 71 72 73 74 75 76 77 78 79 00 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Community Input Survey -Paseo Park None Playground Park benches Keep natural Garbage can bike lane Green space If a trash bin will be put in I would also like to see a recycling bin with it More exersice equipment NiA Nia Lighting Kid friendly playground similar to Brewer Park, due to the many kids in the area I live on this street please do not allow cars. This is fine as is. Just landscaping and maybe a little night light. Covered seating Dog off leash area Nia Some open grass areas Nature-based play scape ... I.e., rock formations or large boulders Play space for toddler, NO SMELLY DOS WITH THEIR FECES. NO DOGS! None Lighting, covered playground, basketball Mini soccer field Lighting Lights, plants, natural play features like rocks and climbing walls water fountain None Separate pathways for cycling and pedestrian use 3/3 1113i2022 12:35 PM 1i13i2022 12: 18 PM li13i2022 11: 15 AM 1i13i2022 10:24 AM 1113i2022 9:53 AM li13i2022 9:43 AM 1113i2022 8:50 AM 1113i2022 8:38 AM li13i2022 8:37 AM li13i2022 8: 13 AM 1112i2022 10:49 PM 1112i2022 10:41 PM 1112i2022 9:58 PM 1112i2022 9:48 PM 1112i2022 7:34 PM 1112i2022 7:20 PM 1112i2022 6:45 PM li12i2022 6:12 PM 1/12i2022 5:15 PM 1/12/2022 5:09 PM 1112/2022 5:01 PM 1112i2022 4:55 PM 1/12i2022 4:52 PM 1112i2022 4:29 PM 1/12/2022 3:54 PM 1/12/2022 3:39 PM 1/12i2022 3 :31 PM 1112/2022 3:16 PM 1621 Community Input Survey -Paseo Park Q3 If any, what are the ages of the children in your household? Answered: 97 Skipped : O 0 to 5 years 6 to 10 years 11 to 15 years 16 to 18 years No Children 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES o to 5 years 42.27% 41 6 to 10 years 29.90% 29 11 to 15 years 16.49% 16 16 to 18 years 12.37% 12 No Children 22 .68% 22 Total Respondents: 97 1722 ANSY.JeR CHOICES Yes No TOTAL Community Input Survey -Paseo Park Q4 Are you a resident of the City of South Miami? Yes No Answered: 97 Skipped: 0 0% 10% 20% 30% 40% 50% 60% 70% · 80% 90% 100% RESPONSES 78.35% 21.65% 76 21 97 1823 Community Input Survey -Paseo Park Q5 What street do you live on? Answered: 97 Skipped: 0 # RESPONSES DATE 1 Miller 1/23/2022 11 :38 AM 2 44th street 1/23/2022 11: 15 AM 3 48th st (near South Miami l1igh school but technically in Miami) 1/23/2022 10: 26 AM 4 47 1/23/2022 9:06 AM 5 b~ Cl 1/23/2022 7: 1 ::l AM li 48th Street 1177/2022 7:37 PM 7 50th st 1/22/2022 12 :30 PM 8 61st 1/21/2022 1:27 PM 9 57th St 1/21/2022 7:17 AM 10 49 th street 1/21/2022 6:32 AM 11 65th ct 1/20/2022 2:13 PM 12 49th 1/19/2022 5:15 PM 13 50th st 1/19/2022 1:57 PM 14 49 st 1/19/2022 11:27 AM 15 50th 1/19/2022 9:35 AM 16 49th Terrace 1/18/2022 6:13 PM 17 49 th street 1/18/2022 4: 18 PM 18 I live on 50 street. 1/18/2022 11 : 10 AM 19 49 th street 1/17/2022 8:32 PM 20 64th Ave 1/17/2022 6:28 PM 21 44 1/17/2022 6:03 PM 22 44 1/17/2022 6:03 PM 23 51st Street 1/17/2022 5:50 PM 24 4604 SW 64th Court 1/17/2022 5:39 PM 25 SW 52 Terrace 1/17/2022 4:38 PM 26 49 th street 1/17/2022 2:18 PM 27 52 terrace 1/17/2022 10:33 AM 28 58th Ct 1/17/2022 10 :04 AM 29 6850 SW 49th St 1/17/2022 9:53 AM 30 50 Street & 65 Avenue 1/17/2022 9:47 AM 31 Miller Drive 1/17/2022 8:51 AM 32 Miller Drive 1/17/2022 8:50 AM 33 59 Street 1/17/2022 8:45 AM 1/3 1924 Community Input Survey -Paseo Park 34 Southwest 64th Court 1/17/2022 8:10 AM 35 63rd ave and 48th st 1/17/2022 7:48 AM 36 48 st 1/16/2022 1:24 PM 37 48 th 1/16/2022 12:31 PM 38 64th Cl 1/16/2022 12:08 PM 39 64tl1 court 1/16/2022 12:07 PM 40 SW53RDTER 1/16/2022 10:27 AM 41 48th Street 1/16/2022 7:15 AM 42 63 ave 1/15/2022 10: 17 PM '13 '19 st 1/15/2022 9:06 PM 44 Southwest 611th Court 1/15/2022 5:22 PM 45 SW 63 Ave 1/15/2022 3:08 PM 46 52 1/15/2022 12:32 PM 47 63ave 1/15/2022 11:44 AM 48 63 ave 1/15/2022 11:44 AM 49 sw and 46th street 1/15/2022 10:39 AM 50 48th street 1/15/2022 9:53 AM 51 49th street 1/14/2022 7:46 PM 52 54th In 1/14/2022 6:08 PM 53 63 Ave 1/14/2022 4:35 PM 54 69th ave 1/14/2022 3:11 PM 55 SW 50th street 1/14/2022 2:20 PM 56 64th ave 1/14/2022 12:38 PM 57 SW 55 Lane 1/14/2022 10:31 AM 58 40 1/14/2022 10:23 AM 59 Coral Lake Drive 1/14/2022 7:52 AM 60 50th Street 1/13/2022 10:06 PM 61 Coral lake drive 1/13/2022 8:42 PM 62 50 terrace 1/13/2022 7:55 PM 63 SW 50th Street 1/13/2022 7: 13 PM 64 52 1/13/2022 6:13 PM 65 50th St 1/13/2022 5:06 PM 66 64th place 1/13/2022 4 :42 PM 67 49 Street 1/13/2022 3: 16 PM 68 46th Street 1/13/2022 1:09 PM 69 50th st 1/13/2022 12 :52 PM 70 49th street 1/13/2022 12 :35 PM 71. SW 42nd 1/13/2022 12 :18 PM 2/3 2025 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 117 43 SW 92nd Ln 49th Street 64th place 5025 SW 65th Ave 64th ct Sw 48th and 53rd intersection Sarria ave 67th 49th street 50th Sw 65th ave Community Input Survey -Paseo Park 50th -this street it is a quiet dead end please keep it that way 64 Place 48th and 67th 64th PL Sw49 st 49th Street 53rd street and 64 ave 64 ct 50th SW 64th Place 49th Street SW 49th st SW 50th St 49 street 50th St 3/3 1/13/2022 11:15 AM 1/13/2022 10:24 AM 1/13/2022 9:53 AM 1/13/2022 9:43 AM 1/13/2022 8:50 AM 1/13/2022 8:38 AM 1/13/2022 8:37 AM 1113/2022 .8: 13 AM 1/12/2022 10:49 PM 1/12/2022 10:41 PM 1/12/2022 9:!38 PM 1/12/2022 9:48 PM 1/12/2022 7 :34 PM 1/12/2022 7:20 PM 1/12/2022 6:45 PM 1/12/2022 6:12 PM 1/12/2022 5:15 PM 1/12/2022 5:09 PM 1/12/2022 5:01 PM 1/12/2022 4:55 PM 1/12/2022 4:52 PM 1/12/2022 4:29 PM 1/12/2022 3:54 PM 1/12/2022 3:39 PM 1/12/2022 3:31 PM 1/12/2022 3 :16 PM 2126 Community Input Survey -Paseo Park Q6 Which of the following days would be most convenient for you to attend a virtual community meeting? Monday at 6:30PM Wednesday at 6:30PM Both Answered : 97 Skipped: O 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Monday at 6:30PM 15.46% Wednesday at 6:30PM 19.59% Both 64.95% Total Respondents : 97 15 19 63 2227 # 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Community Input Survey -Paseo Park Q7 Would you like to provide any additional comments you may have regarding this park? Answered: 84 Skipped: 13 RESPONSES DATE Na 1123/2022 11:38 AM No 1/23/2022 11: 15 AM I enjoy running through the community parks, so running accessibility and green space would 1/23/2022 10:26 AM be positive. Don't overdo. Keep ii as a natural passage between the east and west sides of the "paseo." 1/23/2022 9:06 AM Thank you for updating the park! 1/22/2022 12:30 PM No 1/21/2022 1:27 PM Thank you for doing tl1is . 1/21/2022 7: 17 AM No 1/21/2022 6:32 AM No 1/20/2022 2:13 PM N/a 1/19/2022 5:15 PM Thank you. 1/19/2022 1:57 PM No 1119/2022 11:27 AM No 1/19/2022 9:35 AM No 1/18/2022 6:13 PM No 1/18/2022 4:18 PM I live between 64 and 63 Avenues. My concern is that people will be parking on 50 street, 1/18/2022 11:10 AM making the street crowded.d No 1/17/2022 8:32 PM It's a fabulous idea! Thank you so much 1/17/2022 6:28 PM Do it! 1117/2022 6:03 PM Very excited to see this green space put to good use! 1/17/2022 5:50 PM The park really doesn't need much more other than what I suggested: greenery, native 1/17/2022 5:39 PM landscaping, picnic tables, pathway, and a library box. No 1/17/2022 4: 38 PM No 1117/2022 2:18 PM Walked by this area for 32 years . Happy to know the city is addressing the beautification of the 1/17/2022 10:33 AM site No 1117/2022 10:04 AM Keep it simple and open 1/17/2022 9:53 AM It should be a respite space where you rest; take a breath, sit in the shade, meditate, and get 1117/2022 9:47 AM re energized. Kids here love to play soccer, maybe have a soccer net? 1117/2022 8:51 AM This is great! Thank you 1/17/2022 8:50 AM 1 /3 2328 30 31 32 33 34 35 36 37 3 8 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Community Input Survey -Paseo Park No 1/17/2022 8:45 AM Please make it dog friendly 1/17/2022 8:10 AM Do not include parking space, just make it a park that is walkable for residents 1/17/2022 7:48 AM None 1/16/2022 1:24 PM A dog park (small dog section, big dog section), Astra turf for soccer 1/lG/2022 12:08 PM None 1/16/2022 10:27 AM Better, more focused use of this space is a great idea. I live down the block and there is no 1/16/2022 7:15 AM park in walking distance for families to visit. Our parks need some love , drive one city over and compare 1/15/2022 10: 17 PM Not at this time 1/15/2022 5:22 PM No 1/15/2022 3:08 PM My 1 and 3 YO daughters love this space as it stands now. I hope all the native plants stay be 1/15/2022 12:32 PM it's a beautiful space Provide for security camera and police patrol 1/15/2022 11:44 AM Security cameras and after hours police patrol 1/15/2022 11:44 AM Nothing in particular 1/15/2022 10:39 AM Nia 1/14/2022 7:46 PM Happy to see this made into a park officially 1/14/2022 4:35 PM I don't think an actual park is needed. 1/14/2022 2:20 PM City should have multiple community input discussions throughout design process-not just at 1/14/2022 12:38 PM the beginning Evening lights or close at dusk 1/14/2022 10:31 AM Please turn this into a park. I have lived here 23 years and it has just become a problem space 1/14/2022 10:23 AM for the neighbors and we would love a park Excellent idea for this unused space 1/14 /2022 7 :5 2 AM Must l1ave car barriers :) 1/1 3/2022 10:06 PM No 1/13/2022 8:42 PM My property is directly south of this area. My backyard fence decides the park from my 1/13/2022 7:55 PM backyard. If lighting will be installed, please don't make it too bright. Also, when planting please consider low shedding trees as my pool is constantly littered by the tree leaves there now I'm not in favor of a park Good idea I love this idea. So the neighbors can get to know each other better. Make it happen! It should be a green space great work somi No No Walk-in paths No 2/3 1/13/2022 7:13 PM 1/13/2022 6:13 PM 1/13/2022 5:06 PM 1/13/2022 3:16 PM 1/13/202 2 1:09 PM 1/13/2022 12:5 2 PM 1/13/2022 12 :35 PM 1/13/2022 12:18 PM 1/13/2022 11:15 AM 1/13/2022 10:24 AM 2429 64 65 66 of 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Community Input Survey -Paseo Park We would LOVE to have this happen!I 1/13/2022 9:53 AM N/a 1/13/2022 8:50 AM I moved to this area in June from coconut grove and this has actually been one of my largest 1/13/2022 8:38 AM complaints since moving here that there is a lack of park space for families in this neighborhood. In coconut grove I could walk to two community playgrounds in under 5 minutes and there is nothing like that here. It would be great to have a gathering space for Families to meet each other that is very kid friendly and where you can bring pets as well. No 1/12/2022 10:49 PM No 1/12/2022 10:41 PM Great idea, we walk through there daily and believe a park is a perfect use for the space. 1/12/2022 9:58 PM Kid/dog friendly would be ideal due to the local population's needs. Again please do not encourage cars on tl1is street and kids to come at night. A park will do 1/12/2022 9:48 PM both. Keep 1t as hidden gem maybe better landscaping only. Large oak trees 1/12/2022 7:34 PM There are no dog parks in the area 1/12/2022 7: 20 PM Thank you. This increases our property value tremendously which means more tax revenue for 1/12/2022 6:45 PM you! Keep plans scaled to size of area. Also, don't allow cars to park at the East and west sides of 1/12/2022 6:12 PM 50 st. Our kids have really enjoyed natural playscapes that incorporate either real or faux rock 1/12/2022 5:15 PM formations. For examples, see westmoreland play area in Portland, Oregon or Prospector Park in Breckinridge, Colorado Great idea for mini park 1! Only two no votes, the two private homes who have had the luxury of 1/12/2022 5:09 PM public space for private use. The grass alone is good . Also you should ask your maintenance people not to leave tt1eir 1/12/2022 5:01 PM desiel engines running while cutting the grass. 2 trucks the other day polluting and wasting fuel. Thank you No 1/12/2022 4:55 PM It would be nice to have a neighborhood place to be together so please make it child friendly 1/12/2022 4:52 PM and fun for all ages We do not want a dog park there. 1/12/2022 4:29 PM This area is an important community gathering space and we're very interested in keeping it 1/12/2022 3:54 PM green and improving it. It could be really great to also use it to pilot experimental green infrastructure and other environmental programs with educational materials. it is already serving as a play area for kids. the maximum open space is essential for the play 1/12/2022 3:39 PM t have obse1ved. If the blacktop incursion were grass and the obstacles preventing cars from transiting were moved to the very perimeter (and allowed bicycle passage), that would be a significant improvement at little cost Hesitant of the building and how it will Impact traffic and street parking 1/12/2022 3:31 PM No 1/12/2022 3:16 PM 3/3 2530 IEXH0~01T'w1P ~R@U:IS§$B@NAL $~ii!lVHtE AG~~!EIMl!E!NlT "IFr@feHlowml "9eli'D8rrall IEnglillBG!lll'lng a11!d &!.irclhlteictuU"d $11rvl11:<&a'" ~IFQ #fP>WlO 16-22 THIS AGREEMENT made and entered into this~ _day oa ti\ I\\{ t\\-• 20\1 by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through Its City Manager (hereinafter referred to as CITY or City Manager) au.d Y\ f\(3.~' 1--\. '\; b¼ I clcfg_'?\t--'6 who is authorized to dlo business in the State of Florida, (hereinafter referred to as the "CONSULTANr-). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Pro11isions I. I A Notice to Proceed will be Issued by the ,Clty Manzger, or his deslgnee, followiing the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULT ANT any exclusive rights to perform work on behalf of the Owner other than the work described In one or more Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in .my manner to guarantee work for the CONSUL TANT. 1.2 The CITY agrees that it will furnish to the CONSUL TANT available data and documenits in the CITY possession 6)ertaining to the WORK to be performed under this AGREEMENT promptly after the Issuance of the Notice to Proceed and upon written request of the CONSUL TANT. 2.0 Scope of Services, The CONSULTANT shaH perform the work as set forth in the Scope of Services as described io the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSUL TANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth ·in the Notice to Proceed or other document signed by the City Manager, or deslgnee. 3.2 A reasonable e>lU!nsion of time will be granted In the event there is a delay on the part of the CITY in fulfimng its part of the AGREEMENT, change of scope of work or should any other events beyond the conuor of the CONSULTANT render perfor-mance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the followlng methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4. I A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shat! be in writing, signed by the CONSULTANT and the City Manager and attached hereto as £7JTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULT ANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees In accordance with the hourly rates that shall include all 'Thomas F. Pepe IOIIJ/2016 Page 5! of H 135 2631 l wages, benefits, overhead and profit and that shaH be in writing, signed by the CONSULT ANT and the City Manager and attached hereto as ATTA\CHME~T A. 5 .0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSUL TANT for all authorized WORK performed during the previous calendar month as set forth In the schedule of payment as set forth in J!JITACHM!E.TMT A or, If no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions, All services shall be performed by the CONSUL TANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever naiture which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the chzracter, quality, amount :nnd value. The representative's decisions upon all clzlms, questions, and disputes shall be final, conclusive znd binding upon the parties unless such determination is clearly arbitrary or unrasonable. In the event that the CONSUL TANT cfoes not concur in the judgment of the representative as to zny decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the Ciq, Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULT ANT for the purpose of this AGREEMENT shal l become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSUL TANT related to this AGREEMENT at zny time during the execution of the WORK and for a period of one · year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth-in NupuatJons: If the contract amount exceeds the threshold amount provided in s. 287.017 foa-category four, the CONSUL TANT shall execute a truth-In-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation aire accurate, complete, and current at the time of conncting. In such event. the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, Incomplete, or noncurrent wage rates and other facwal unit costs. All such contract adjustments must be made within one year following the end of the contract. I 0.0 Subletting. The CONSUL TANT shall not assign or transfer Its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANTs rights. The CITY may, in its sole discretion, allow the CONSULT ANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSUL TANT shall not subcontract this AGREEMENT or any of the services to be provided by It without prior written consent of the CITY. Any assignment or subcontracting In violatJon hereof shall be void and unenforceable 11 .0 Unauthorized Allens: The employment of unauthorized aliens by the CONSULT ANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSUL TANTs used by the CONSULTANT as well. The CITY reserves the right at Its discretion, but does not assume the obligation, Tllomaa F. P'epa IOIIJ/3016 Page51of6' 138 2732 to require proof of valid citizenship or, in the alternative, proof of a vajid green card for each person employed In the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contra .ctor. By reserving this right, the CITY doeJ not assume any obligation or responslblllq, to enforce or ensure compliance with the applicable laws znd/or regulations. · J 2.0 Warnn1;y. The CONSUL TANT warrants that it has not employed or retained any company or person, other th;m a bona fide employee working solely for the CONSULT ANT. to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULT ANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breath or violation of this warranty, the CITY shall hzve the right to annul this contract without liability. 13.0Termlnatlon. It Is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by eldler declining to Issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is bisued, CITY may terminate this AGREEMENT by written notice to CONSUL TANT, and in either event the CllYs sole obligation to the CONSUL TANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. l!Jayment shall be determined on the basis of the work performed by the CONSUL TANT up to the time of termination. Upon termination, the CITY shall be entlded to a refund of any monies paid for any period of time for which no work wzs performed. 14.0 Imm-This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by die CITY. The term of this agreement Is three (3) years from the issuance of the Notice to Proceed and one two- year option-to renew. The option to renew Is at the dlsa-edon of the City Manager. "if'he CITY may terminate die contract without czuse following 30 days advanced notice to the CONSULTANT. However, in no event shall the term e><ceed five (S) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party falls to comply with the provisions of this AGREEMENT, the aggrieved !Party may decfare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULT ANT shall not be entided to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSUL TANT shall return such sums to the CITY within ten ( I 0) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 16.0 Insurance and lodemnl0catlon. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth In ATTACHMENT B. to this AGREEMENT. 17 .o Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes, Ordinances and Laws. The CONSULT ANT agrees to abide and be governed by all duly promulgated and published municipaJ, county, state and federal codes, ordinances, rules, reguladons and laws which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits. including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this Thomu ,. Pepe lctl1Jli016 Page 53 of 66 137 2833 AGREEMENT. 19.0 Jim, CONSULTANT shall be responsible for pzyment of ail federml, state, anc:!1/or local taxes related to the Work. inclusive of sales tax \f applicable . . 20.0 Drug Free Work.place. CONSULTANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT by reference. 21.0 Independent Contractor. CONSULTANT is an Independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and ResponsibUlties. CONSUL TANT agrees to provide Its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Cerqficatjons. CONSULTANT shall secure all necessary business a11nd professional licenses at Its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement Mpdlfication. and Binding Effect This AGREEMENT constitutes the entire agreement of the 11>arties, Incorporates all the understandings of the parties and supersedes any prior qreemenu, understandings, represrenmtJon Oil' negotla~on, writtl!n or oral. This AGRIEIEMENT may not be modified or amended e><cept In writing. signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSULT ANT and to their respective heirs, successors and assigns. No modification or :m1endment of any terms or provisions of this AGREEMENT shal8 be valid or binding unless it complies with this paragraph. This AGREEMENT, In generat, and this paragraph, in particular, shall not be modlflecA or :m1ended by actS or omissions of the pardes. If this AGR!EEMENT was approved by written resolution of the City Commission, or If such approval is required! by ordinance or the City Charter, no amendment to this AGREEMENT shall be vaUd unless approved by written resolution of the City Commission. 25.0 jury Trial-CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Feder;d Court proceedings in respect to any action, proceeding. lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 \/aUdl'Y of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter. whenever applicable and the singular words substituted for plural and plural words substituted for singular wherev41r applicable. 28.0 Seyerabllh;y. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid .or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held Invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shaJI be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligadons imposed by the contract documents, if any, and the rights and remedies available hereunder, and, In particular but without I imitation, the warranties, guarantees and obligations imposed upon CONSUL TANT by the Contract Documents, If any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be In addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or In equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise all'lly remedy reserved to it in this Thomu F. Pepe IG/IJ/2016 Paga54ofH 138 2934 AGREEMENT, or existing In law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or In equity, shali be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be In addition to every other remedy given under this AGREEMENT or hereafter existing at law or In equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 30.0 Non-Wajyer. CITY and CONSULTANT agree than: no fallure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as z waiver of ainy right, power, or privilege under this AGREEMENT . No waiver of this AGREEMENT. In whole or part, including the provisions of this paragraph, may be implied by any 21ct or omission and will only be valid and enforceable if In writing and duly e>cecuted by each of the parties to this AGREEMENT. Any waiver of any term. condition or provision of this AGREEMENT wm not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any partlculir breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Emplo.xroent: No action shall be taken by the CONSUL TANT, nor will it permit 21ny acts or omissions which result in discrimination against any person, Including employee or applicant for employment 0111 the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that It will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and It will take affirmative action to ~nsure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment ellgibilrty and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are mtpected to comply with all applicable laws, governmental requiremenu and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSUL TANT hereby certifies under penalty of perjury, to the CITY, that CONSULT ANT Is In compliance with all applicable regulations and laws governing employment practices. 32.0 Goyernjng Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florlda, with exclusive venue for the resolution of any dispute being a court of competent Jurisdiction In Miami-Dade County, Aorlda. 33.0 Effective Pate. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission If such approval is required by City's Charter, and the effective date shall be the date of iu execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Thomu F. Pepe I0/IJ/1016 Page 55 ofH ( 139 3035 anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 3S.0 Further Assurances. The parties hereto agree to e~ecute any and all other and further documents as might be reasonably necessary In order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 lnt,erpretatjgn. This AGREEMENT shall not be construed more strongly against either party hereio, regardless of who was more responsible for its preparation. 38.0 force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT If caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effeets avoided or mitigated. &ch pmrty shall notify the other of any such occurrence. 39.0 Subcontracting If allowed by this AGREEMENT, the CONSUL TANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsultants ~ ft Is for the acts and omlssio111s of people directly employed by it. All subcontractors/subconsultants and their agreements, If allowed by this AGREEMENT, must ha approved by die CITY. The CONSULTANT shall require each subcomractor, who Is approved by the CITY, to zgree In the subcontract to observe and be bound by all obligations and coridiiions of this AGREEMENT to which CONSUL TANT is bound. 40.0 PubHc Records: CONSULT ANT and all of its subcontractors are required to comply with the public nM:ords law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions. shall Incorporate this paragraph in ~I of its subcontracts for this Project. Under such condition, CONSULTANT an«ll its subcontracton are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request &om the public agency's custodian of pulbllc records, provide the put.lie agency with 2 copy of the requested records or allow the records to be inspected or copied within a reason.nble 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 ancl following completion of the contract If the contrzctor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the publk: 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 shall destroy any duplicate public records ihat are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon compledon of the contract, the contractor shall 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 t~chnology systems of the public agency. HF THE CONTRACTOIR\ !HA$ QYESTAO!NI~ REGARDING '\iHfe AIPIPUC.ATION OF CHAPTIER U Bf, IFO..ORIDA $7J"ATUTES, T@ TH~ CONTRACTOR"S tt>UTT TO PRCVBDi PUBUC RECORDS RED.ATON@'fC THIS CONTRACT, CONT~CT THE CUSTODIAN OF PUBl!..HC RECORD~ AT lOS-663-6340; E-mail: mmeotiendez@touthm5amlft.gov; & U 3® $unset Drive, South Miami, FL 33 B 43, 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Thomaa F. Pepe 10/1312016 Page 56 of H 140 3136 delivered by hand delivery, e-mail (or similar electronic transmission), racsimlle transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery conflrmadon for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: To CONSULTANT: City Manager, 6130 Sunset Or. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamlfl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341 -0584 E-mail: t:pepe@sm.1thml~mt[.gm! 42.0 Corporate Authorjt;y: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULT ANT and Its representative have, and have exercised, the required corporate power and that they have compUed with all applicable legal requirements necessary to adopt, e,c:ecute and deliver this AGREEMENT and to assume .the responsibilities and obllgadons created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer. in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable In accordance with Its terms, conditions and provisions. DINI Wl'il"INIIE$$ WIHIIEl!IEOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. Thomas F. Pepe 10/1312016 COINIS,,lYIL. TAINIT: vt By: 06\ dB! . City of Miami By: S Alexander s-City Manager Page 57 of 66 141 3237 Read and Approved as to form, Language, Legal ty and Execution thereof: y.~~~ Thomu F. Pepe, Esq. City Aaorney Tllomu F. Pep• IIIU/2011 f'lill51ofH 142 3338 ,• I ~ soudifMiami IU!llOJENDUM lO PIROIFESSDONAI!. SERVICE AGREEMENT "Pvofesslonal G111m1ral Engineering and Architectural Sen,lces" RFQ #PW2016--22 The City and CONSULTANT agree that a separate rotational list wlll be dedicated for work performed under a continuing professional service contract, as specified In the Scope of Services, for "Certified Arborists Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arbor&sts Services" Is defined as: Consultant may be called upon to review all tree remov,lll permit applications that illre submitted to ensure compliance. with the regulations outllned In Section 20-4.5.1 of the City's land Development Code. The review indudes the initial site Inspection followed up by the determln21tlon of mitigation and a final Inspection. When needed, assist City Departments with other Issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborlsts Services" will rotate evei'\f three (3) months among the CONSULTANTS. The City Intends to retain a maximum offour (4) qualified firms under four (4) separate but slmllar Professional Services Agreements. _,,-~ ~ _,,,,,,,-.,,,.--........_ COl\lSII~?~-/ ~Ylh i,,tto1 By: t 'L!__c:---:Jl/.. __ . By: -=-"" -~ ~~------1-· ~ft;en Alexander, City Manager . )Alff£.S $P1/\l/t.J ~ (Name of Signatory) Read and Approved as to Form, Language, Le1alltv and Execution thereof: By: , -~;C<-~~~~- Thomas F. Pepe, aty Attorney 3439 Vhomal l!I, i!'Glpa 1011!'2016 A li"if' ACMM~fNl'T ~ dG~©IMIIF~INl~& "if'O@NP' ~~O!:=!e$!.iQ@INIAIL ~~~VRC!e AGIMHEfMIIEINll' "fraieHkll!riai.l 'iieMrai ~glnM!l'ln1 and All"«:&1!11·11uct111r-a8 $a111"Yices" !PilFQ #PWiO 8 '3i-i2 PageHofH 143 3540 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary · Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $150.00 Project Manager $130.00 Senior Engineer $125.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $75.00 Senior CADD Technician $75.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75 .00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor/ Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 3641 A TT ~<CIHltMIENT -~ O!Nl§Y~INJ<C~ & BNDteMN!lfOC~"'if'~@INl !ri~QtYO~lglMl~INIT~ 1.0 I O Insurance "lf'Jn,faul@naill Ga111ncar;i! ll:rnsineerlng and! A11'Clhitedum0 !11.rvlciaz" !.VQ #PW2016-22 A Without llmldng Its llablllty, the cono-actor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and lnden...nificatlon requirements) shall be required to procure and maintain at its own e,cpense 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 dalm Is against the FIRM OIi' any sub-contractor, or by anyone directly or Indirectly employed by any of them or by anyone for whose acts any of them may lbe liable. · B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase Insurance from and shall maintain the insurance with a company or companies lawfully authori!ed to sell Insurance In the State of Florida, on forms approved by the State of Florida, as will protect the FQRM, at a minimum , from all clalm:1 as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone direcdy or indirectly employed by any of them, or by anyone for whose acts any of dlem may be llabie: (a) clalms 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 11.nbillty 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) clalms 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. 1.011 Firm's Insurance Gienerall)', The FIRM shall provide and maintain in force and effect untll 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: 1.012 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. Page 60of Gi Thom~F.Pepe 10/131201, 145 3742 In addition, the policies must Include: Employers' liability 21.t the statutory coverage amount. The FIRM shall further Insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. a .013 Commercial Comprehensive General Llabllit)! insurance with broad form endorsement. as well as automobile liability, completed operations and products llablllty, contractual liability, severability of interest with cross liability provision, and person;! injury and property damage ltablllty with limits of $1,000,000 combined single llmlt per occurrenc<!l and $1,000,000 aggregate, induding: 0 Personal Injury: $1,000,000; 0 Medical Insurance: $5,000 per person; 0 Property Damage: $500,000 each occurrence; 1.014 UmbreHa Commercial Comprehensive Genera l Uabilil;y insurance shall be written on a f!orida 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 rest:rlcdve than the latest edition og the Comprehensive Gel!leral Uablllty policy, without restrictive endorsements, as filed by the lnsuranc«! Services Office, and must include: (a) Premises ancll Operation (b) Independent Contractor s (c) Products and/or Completed Operations Hazard (d) E>cploslon, Colllapse and Underground Hazard Coverage (e) Broad fonn Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, lncludlng any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum llmlts of coverage equal to those requill"ed for Bodily Injury Liability and Property Damzge Liability. 1.0 I S Business AucomobHe UabilitY with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One MIiiion Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Llabllity and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of die Business Automobile liabJnty policy, without restricdve endorsements, as flied by with the state of Florlda, and must indude: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.016 SUBCONTRACTS: The FIRM agrees that if any part of ~he Work under the Contract is sublet. rhe subcontract shall contain the same Insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 Fire and Extended Coyewe Insurance (Builders' Risk}, IE APPLICABLE: C. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/AH 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 consdtutJng a part of Thomu O:, gtepe IOIIJllOla Page 11, I of66 146 3843 said buildings or structures. The policy or policies shall 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. T}le pollcy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. D. All of the provisions set forth In Miscellaneous seaion herein below shall apply to this coverage unless It would be clearly not ap~licable. 1.018 Miscellaneous: F. 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 shall be responsible· for securing other acceptable Insurance prior to such cancellation, change, or expiration so as to provid~ continuous coverage u specified In this section and so as to mz!ntain coverage during the life of this Contract G. AH deductibles must lbe declared by the FH\M and must ha approved by me CITY. At the option of the CITY, either the FIRM 1hall eliminate or reduce such deductible or the FIRM shall procure a 18ond, in a form s21dsfactory to the CITI coverl.ng die same. H. The policies shaOI contain Williver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible Insurance that CITY may have. The CITY reseirves the right at any time to request a copy of the required policies for review. All policies shat! contain a "sevetrability of interest" or "cross llabilh:y" dause without obligation for premium payment of the CITY as wel~ as contractual liability provision covering the flRM'S duty to indemnify the City as provided In this Agreement. I. Befor8 starting the Work, die FIRM shall deliver to die CllY certlflcartes of such in1ura.nce, acceptable to the CITY, as well as the insuraince binder, if one is issued, the Insurance pollc;y, 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 shall be rated A. VII or better per A.M. Best's Key Rating Guide, latest iedition 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 shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: · (3) a policy provision or an endorsement with substantially similar provisions as follows: Thoma F, Pepe IO/IJIJOl6 "The City of South Miami is an additional insured. The insurer shall 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 Flor_ida approved forms for commercial general liability coverage A and coverage B": Page&lofii\ 147 3944 (-4) a policy provision or an endorsement with submndally similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminmted 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 shall be delivered to the City by certified mail, with proof of delivery to the Cjty." J. 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 shall also provide Professional Liability Insurance on a Ff orida 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 shall become 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 zsslgns, or by any G> rso111 employed or r~talne«ll by him In connection with this Agreement. This insurance shall be maintained for four years after completion of the construaion and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Speclflc Project Professional Liability Insurance, In the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier Ui'lless authoriied In writing by the ciq, at the city's sole, absolute and unfettered discretion. G. The 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 the Firm or anyone acting through or on behalf of the Firm. H. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assi3ns, 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 daim 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 zny gross negligence, intentional act or harmful conduct of the Firm, Its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement. Incident to It, or resulting from thre performancre or non-performance of the Firm's obllgatJons under this AGREEMENT. I. The Arm shall 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 Vhoma11 F. l"epe I0/1312016 Pag1!6Jof66 148 4045 officers, affiliates, employees, successors and assigns, including their attorney's fees, i111 the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Co111tractor 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 the firm's obligations under this AGREEMENT. J. The Arm agrees and recognizes that neither the CITY nor Its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and e><penses of defending such claims which may result from or arise out of actions or omissions of the Arm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occur1ring on the CITY's property. In reviewing, approving or rejecting any submissions or acts o1 the Firm, CITY In no way assumes or shares responslblilty or li&bility for the acts or omissions of the Firm, its contra.ctor/subcontraaor or any of thei r agents, representatives, emp loyeas, or assigns, or anyone acting throu3h or on behalf of them. K. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval wtll not be unreasonably withheld. L However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statl.li:es, none of the provisions set forth herein above that are in conflict with this subpzragraph shall apply and this subparagraph shall set forth the sole rmponslbility of the design professional concerning Indemnification. Thus, the design professlon211'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 llmited to, r12asonable attorneys' fees, to the e>ctent caused i>y the negligence, reck lessness, or lntentlonaJly wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomes f. Pepe 10/IJl1016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION Page 6~ of 66 149 17161420212223252627283254310983133352345891011123615132934FLORIDAEASTR.R.CanalC-100CCoralGablesCanalC-2S-121SnapperCr.HightsGlenvarHeightsSunrise HarborOlympiaTropical ParkTahiti BeachGreen-Mar AcresCoconut GroveTownParkEstatesWestchesterCoral WayVillageKENDALLCoconut Grove Sta.LagoBlueL.LagoMinoreMaggioreCORALGABLESSOUTHMIAMIWESTMIAMIPINECRESTPop.5,863Pop.10,741Pop. 19,055Pop. 42,249Tamiami TrailBird RoadRd.SW 57th.Ave.SW 42nd AveDr.KillianDr.KILLIANHERNDONHECTOR41909689729769539599869869909491973FSFSFSTOLL878826CPCPCPCPCPCPCPCPCPCPCPFS CP22C-1005/27/2022 3:22:47 PMC:\Local Projects\2022008.000 Paseo Park - South Miami\CADD\roadway\KEYSRD01.dwgJulio AlmeydaPROJECT LOCATIONMIAMI-DADE COUNTYSHEETNO.FISCALYEARCONSTRUCTIONCONTRACT NO.INDEX OF CIVIL PLANSSHEET NO.SHEET DESCRIPTIONC-100KEY SHEETC-200SUMMARY OF PAY ITEMSC-300GENERAL NOTESC-400 - C-401CIVIL PLANC-500EQUIPMENT DETAILC-600TREE DISPOSITIONTHE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004‚ F.A.C.N/AGOVERNING STANDARDS AND SPECIFICATIONSMIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT AND PUBLIC WORKS MANUALPART 1 & 2.MIAMI-DADE COUNTY DONATION STANDARD SPECIFICATIONS AND DETAILS FORDESIGN AND CONSTRUCTION PART II & III.2020 FLORIDA BUILDING CODES (7TH EDITION) AT THE FOLLOWING WEBSITE:https://codes.iccsafe.org/codes/floridaCODE OF ORDINANCE OF MIAMI-DADE COUNTY AT THE FOLLOWING WEBSITE:https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinancesCODE OF ORDINANCE OF CITY OF SOUTH MIAMI AT THE FOLLOWING WEBSITE:https://library.municode.com/fl/south_miami/codes/code_of_ordinancesDESIGN TEAMCIVIL ENGINEER:OWNER:Marlin Engineering, Inc.3363 West Commercial Blvd., Suite 115Fort Lauderdale, FL 33309Phone:(954) 870-5070Fax:(954) 800-6045City of South Miami6130 Sunset DriveSouth Miami, FL 33143Phone: (305) 663-6338CITY OF SOUTH MIAMIPASEO PARKPARK IMPROVEMENTS ALONG SW 50TH STREET,FROM 450 FEET EAST OF SW 64TH AVE TO63TH AVENUEPROJECT LOCATIONMIAMI-DADE COUNTYCITY OF SOUTH MIAMINN.T.ST-54-ST-55-SR-40-E R-41-E KNOW WHAT'S BELOWALWAYS CALL 811BEFORE YOU DIG3363 W. COMMERCIAL Blvd, Ste. 115 FT Lauderdale, FL 33309(954) 870-5070 C.A. No. 6104E N G I N E E R I N GARMANDO J. AGUIAR, P.E. P.E. No.: 84075PLANS ENGINEER OF RECORD:ELECTED OFFICIALSSally Philips, MayorBrian Corey, CommissionerWalter Harris, CommissionerLuis Gil, CommissionerJosh Liebman, CommissionerCONTRACT PLANS COMPONENTSTHIS ITEM HAS BEEN DIGITALLYSIGNED AND SEALED BYON THE DATE ADJACENT TO THE SEALPRINTED COPIES OF THIS DOCUMENT ARENOT CONSIDERED SIGNED AND SEALEDAND THE SIGNATURE MUST BE VERIFIEDON ANY ELECTRONIC COPIES.STATE OF✩✩✩No.PROFESSIONALENGI N E ER A R MANDO J. AGUIARFLORIDA8407546 3$6(23$5.DESCRIPTIONDATEDESCRIPTIONDATEREVISIONSSHEETNO.C:\Local Projects\2022008.000 Paseo Park - South Miami\CADD\roadway\SUMQRD01.dwgJulio Almeyda5/27/2022 3:22:54 PM---- C-200---- THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004‚ F.A.C.6800$5<2)3$<,7(063363 W. COMMERCIAL Blvd, Ste. 115 FT Lauderdale, FL 33309(954) 870-5070 C.A. No. 6104E N G I N E E R I N GARMANDO J. AGUIAR, P.E. P.E. No.: 84075PAY ITEM NOTES:0101-1INCLUDES ALL WORK AND OPERATIONS NECESSARY TO BEGIN WORK ON THE PROJECT. INCLUDES MOVING IN EQUIPMENT AND PERSONNEL, ESTABLISHINGTEMPORARY SITE, SAFETY EQUIPMENT, FACILITIES, AND MAY INCLUDE SURVEYING. INCLUDES ALL NECESSARY MOBILIZATION AND DEMOBILIZATION TOCOMPLETE WORK.0107-1INCLUDE ALL COST FOR REMOVING ALL LITTER WITHIN THE CONSTRUCTION AREA OR CAUSED BY CONSTRUCTION PRIOR, DURING, AND AFTER ALL CONSTRUCTIONACTIVITIES.0110-1-1INCLUDE THE UNINSTALLING AND RE-INSTALLATION OF ANY SIGNS, OBSTACLE, OR PERMANENT STRUCTURES WITHIN THE WORK ZONE. THE CLEARING OF ANYAND ALL DEBRIS REQUIRED TO COMPLETE THE WORK, AND THE DISPOSAL OF SUCH DEBRIS. DEBRIS INCLUDES GRASS, SOIL, AND OTHER REMOVAL ITEMSREQUIRED TO COMPLETE THE WORK. IT INCLUDES TREE REMOVAL AS SPECIFIED IN THE PLANS AND THE TREE DISPOSITION TABLE. INCLUDES ASPHALTPAVEMENT REMOVAL.0570-1-2INCLUDES ALL THE MATERIAL AND WORK EFFORT NECESSARY FOR THE INSTALLATION OF THE TURF. INCLUDES RE-GRADING, WHERE NECESSARY AS SPECIFIEDIN THE CIVIL PLANS.0751 37CITY REQUESTED UPBEAT SITE FURNISHING (ANOVA) AS VENDOR.https://www.upbeat.com/trash-receptacles/outdoor-receptacles/anova-ultra-32-gal-expanded-steel-trash-receptacle-dome-top-f1021d.html0751 38 15CITY REQUESTED BELSON OUTDOORS AS VENDOR.https://www.belson.com/Recycled-Plastic-Newport-Bench X-9990FURNISH AND INSTALL SWING MODEL KSW924, INCLUDES CLEARING, EXCAVATION, AND FORMING NECESSARY TO INSTALL THE SWING AND SAFETY AREA.X-9993 https://littlefreelibrary.org/wp-content/uploads/2021/06/Modern-Two-Story-Library-Designs_Little-Free-Libraries-and-Tiny-Sheds_Quarto_Philip-Schmidt.pdfSUMMARY OF PAY ITEMSPAY ITEM NO.DESCRIPTIONUNITQUANTITY0101-1MOBILIZATIONLS10102-1MAINTENANCE OF TRAFFICLS10107-1LITTER REMOVALAC5.200107 2MOWINGAC5.200110-1-1CLEARING & GRUBBINGLS10110 4 10REMOVAL OF EXISTING CONCRETE PAVEMENTSY230110 21TREE PROTECTION BARRIERLF400120 1REGULAR EXCAVATION (TREE PLANTING)CY540522-1CONCRETE SIDEWALK, 4" THICKSY310522-2CONCRETE SIDEWALK, 6" THICKSY210527 2DETECTABLE WARNINGSSF100570-1-2PERFORMANCE TURF, SOD (St. Augustine Grass)SY2620580 5 24LANDSCAPE- TREES, CRINUM AUGUSTUM QUEEN EMMA 45 GALLONEA90580 5223LANDSCAPE- TREES, LIVE OAK QUERCUS VIRGINIANA (16’ height, 4” DBH, 9’ Spread, Field Grown)EA10580 5702LANDSCAPE- TREES, CLUSIA ROSEAEA720580 5762LANDSCAPE- TREES, LYSILOMA LATISILIQUA WILD TAMARIND (16’ height, 4” DBH, 9’ Spread, Field Grown)EA10700 2 14MULTI- POST SIGN, F&I GROUND MOUNT, 31-50 SFAS10751 37TRASH RECEPTACLEEA10751 38 15BENCH, F&I, RECYCLED PLASTICEA2X-9990SWING MODEL KSW924AS1X-9991POURED-IN-PLACE RUBBER SAFETY SURFACE, 827 SFLS1X-9992RUBBER CURB EDGING, 147' PERIMETER.LS1X-9993MINI LIBRARYEA1X-9994PROVIDE FINAL AS-BUILT PLANSLS147 3$6(23$5.DESCRIPTIONDATEDESCRIPTIONDATEREVISIONSSHEETNO.C:\Local Projects\2022008.000 Paseo Park - South Miami\CADD\roadway\GNNTRD01.dwgJulio Almeyda5/27/2022 3:23:02 PM---- C-300---- THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004‚ F.A.C.*(N(5$/N27(63363 W. COMMERCIAL Blvd, Ste. 115 FT Lauderdale, FL 33309(954) 870-5070 C.A. No. 6104E N G I N E E R I N GARMANDO J. AGUIAR, P.E. P.E. No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rd AVENUE S.W. 5Oth STREETTOTAL R/W=50'TOTAL R/W=50'CLCLCL1832293128302021 27172619151622232425LED LAMPBY FPLLED LAMPBY FPLCONST. 6" CONC.SWK. (5) FLAGS5.2'25'REMOVE ASPHALTPAVEMENTINSTALL SODPARK DESIGNATION SIGN+91.60 (0.00)16'PROP BENCH+12.97 (17.19 LT)PROPOSEDTRASH BINCONSTRUCTSWING MODEL KSW924SAFETY SURFACE AREA: 827 SFWITH RUBBER CURB+97.02 (3.50 RT)PROPOSED VEGETATIONCLUSIA ROSEA (x72)7 GAL (TYP.)TREES TO BE REMOVED:6-9, 11-13, 17, 19-21,26-305'PROPOSEDMINI LIBRARY+76.86 (18.54 LT)PROP. NATIVE TREE SPECIESLYSILOMA LATISLIQUUM'WILD TAMARIND'5'PROPOSED VEGETATIONCRINUM 'QUEEN EMMA'45 GAL (TYP.)PROPOSED VEGETATIONCRINUM 'QUEEN EMMA'45 GAL (TYP.)PROP. NATIVE TREE SPECIESQUERCUS VIRGINIANA'LIVE OAK'1+002+003+00+49.5924.98 LT.+61.8029.19 LT.+79.3819.17 LT.+67.5224.82 LT.R1 0 ' R5 '+67.5219.82 LT.+84.067.62 LT.+84.1719.72 LT.+00.9916.67 LT.PROP BENCH+19.76 (11.85 LT)CONST. 4" CONC.SWK. (5) FLAGS+74.5921.89 LT.INSTALLSODINSTALLSODLEGEND6" THK CONCRETE SIDEWALK4" THK CONCRETE SIDEWALKPROPOSED SOD12.2'N1"=20'3$6(23$5.DESCRIPTIONDATEDESCRIPTIONDATEREVISIONSSHEETNO.C:\Local Projects\2022008.000 Paseo Park - South Miami\CADD\roadway\PLANRD01.dwgJulio Almeyda5/27/2022 3:23:21 PM---- C-400---- THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004‚ F.A.C.&,9,/3/$N3363 W. COMMERCIAL Blvd, Ste. 115 FT Lauderdale, FL 33309(954) 870-5070 C.A. No. 6104E N G I N E E R I N GARMANDO J. AGUIAR, P.E. P.E. No.: 8407549 DESCRIPTIONDATEDESCRIPTIONDATESHEETNO.C:\Local Projects\2022008.000 Paseo Park - South Miami\CADD\roadway\PLANRD01.dwgJulio Almeyda5/27/2022 3:23:28 PM---- C-401---- THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004‚ F.A.C. 50Identification Park Sign 7.8125" 48" 6" REVISIONS Depth of frame 3/4" to match depth of background panel and depth of logo 7'-11 5/8" 6'-111/2" 5'-8" ' Tag line letters are :1/4" (D) marine-grade aluminum fastened to sign structure with concealed, 316L SS fasteners, painted in satin S~uth Miami Green ' 7.8125" 2" Frame Logo is laser -cut 1 /2"(0) marine-grade 5083/5086 aluminum Logo is mechanically fastened to sign structure with concealed, 316L SS fasteners and standoffs as required. City to provide fabricator with a vector PDF logo. Fabricatorto provide shop drawings to designer and City prior to fabrication stage. "South Miami"letters are 1/2" (D) marine-6"x6" Posts grade 5083/5086 aluminum fastened to sign ~ tructure with concealed, 316L pins. Letters painted "' satin Black. ---+------Logo is laser -cut 1/2'' (D) painted marine-grade aluminum 4'-11 1/2" Logo is mechanically fastened to sign structure with concealed, 316L SS fasteners and standoffs as required. 1/4"painted aluminum panel(s) w/ frisket painted park name panels Concrete Foundation 1 '-O"X 4' -0" CONCRETE FOUNDATION 3000 P.S. I Soil Condition (Sand or Sand & Rock) "If different contact engineer" MARLIN E N G I N E E R I N G ARMANDOJ. AGUIAR, P.E.• P.E. No.: 84075 48" 1 /2" (T) logo primed and painted, laser-cut, marine-grade 5083/5086 aluminum w/ Matthews acrylic polyurethane in a satin finish. Secure pieces to frame with invisible, 316L SS fasteners 1/4" sign panel extends upward behind logo 3/4" (D) (frame) 6"x 6"x 1/4"wall thickness primed and faux finished vertical marine-grade, 5083/5086 aluminum posts (typ) NOTE: All corners to be softened (relieved) of sharp edges prior to painting. NO SHARP EDGES WILL BE ALLOWED. HXl---+---~/4" x 2" aluminum frame welded and ground smooth to the 1/4"backsign panel. 11 x 1-+---3" x 3" x 1/8" walls, primed and faux-finished horizontal marine-grade 5083/5086 aluminum posts (typ) Dip, below-ground aluminum posts in bituminous tar prior to setting into concrete footing A minimum of 6" soil above footing to be provided by fabricator. Exposed concrete footings will NOT be accepted. 631 West 27th St. Hialeah, Fl 330 I 0 Ph: (305) 885-7400 info@neonsignsolutions.com State License ES 12001789 Licensed & Insured Job Name: South Miami -Park ID Sign Address: Date: Drawn By: LF Revision: Scale: I /2"= / '-0" Customer Approval Name Signature Date THIS DESIGN AND SKETCH WILL REMAIN THE PROPERTY OF NEON SIGN SOLUTIONS INC. AND MAY NOT BE USED IN WHOLE OR IN PART WHIT OUT WRITTEN PERMISSION.SKETCH SHALL BE RETURNED PROMPTLY UPON OR CUSTOMER AGREETOACCEPT A REASONABLE CHARGE LEVIED BY THE CORPORATION FOR RETENTION OF SAME THIS STATEMENT SHALL BECOME A PART OF THE SKETCH TO WHICH IT ISATTACHED. DESIGNATION SIGN DETAIL PAS.EOPAHK CIVIL PLAN 3363 w. COMMERCIAL Blvd, Ste. l 15•FT Lauderdale, FL 33309 (954) 870-5070 •C.A. No. 6104 THE CITY OF PLEASANT LIVING DESCRIPTIONDATEDESCRIPTIONDATESHEETNO.C:\Local Projects\2022008.000 Paseo Park - South Miami\CADD\roadway\PLANRD01.dwgJulio Almeyda5/27/2022 3:23:31 PM---- C-500---- THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004‚ F.A.C. 51r:; J REVISIONS ,_:--) U::::-) MARLIN E N G N E E R N G ARMANDOJ. AGUIAR, P.E.• P.E. No.: 84075 3363 w. COMMERCIAL Blvd, Ste. l 15•FT Lauderdale, FL 33309 (954) 870-5070 •C.A. No. 6104 E (.) s:j-CD ~ ex;> ~ C") I I I I -ci 5 I 'Sl" I oo I :::. I co I I I I \ ~ I I / / ,,,,.,,,..,....---o'' ' ' ' ------33'-11" [1035cm] 21'-11" [669cm] I Ir-------1 I I I I I I I I I ______ J I I I I I I I I I I I I I I I I I J LJ I I I I I I ____ _ -------1 u, 1-u,~ I I I I I I I I I r ___ ..................... I I I I I I I I I _______ J / / I \ \ I I I I I I I I I I I I I o'' I I I 7 KSW924 PAS.EOPAHK .EQUIPMENT .DETAIL THE CITY OF PLEASANT LIVING KSW924 • 7'-11" / 241 cm •• 3'-4" I 101cm *** 826.4ft2 / ?6.8m2 1/8" = 1'-0" DESCRIPTIONDATEDESCRIPTIONDATESHEETNO.C:\Local Projects\2022008.000 Paseo Park - South Miami\CADD\roadway\TRDCRD01.dwgJulio Almeyda5/27/2022 3:23:42 PM---- C-600---- THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004‚ F.A.C. 52CITY OF SOUTH MIAMI - P ASEO PARK EXISTING TREE DISPOSITION SHEET TREE BOTANICAL NAME COMMON NAME DBH (Inches) HEIGHT (Feet) SPREAD (Feet) MITIGATION (Square Feet) CONDITION ACTION NO. 1 Sabal palmetto Cabbage Palm 15 15 10 154 Good Remain 2 Sabal palmetto Cabbage Palm 15 15 10 132 Good Remain 3 Quercus viginiana Southern Live Oak 15 20 20 1,224 Good Remain 4 Ficus aurea Strangler Fig 12 25 18 1,305 Good Remain 5 Ptychosperma elegans Solitaire Palm 12 18 10 90 Good Remain 6 Plumeria spp. Frangipani 15 22 18 500 Fair Remove 7 Delonix regia Royal Poiciana 15 45 25 999 Fair Remove 8 Livenstona chinensis Chinese Fan Palm 12 50 8 36 Fair Remove 9 Quercus viginiana Southern Live Oak 24 45 18 1,050 Good Remove 10 Quercus viginiana Southern Live Oak 24 25 20 3,328 Good Remain 11 Schefflera actinophylla Queensland Umbrella 20 35 20 420 NIA Remove 12 Schefflera actinophylla Queensland Umbrella 20 35 20 486 NIA Remove 13 Schefflera actinophylla Queensland Umbrella 8 20 12 475 NIA Remove 14 Quercus viginiana Southern Live Oak 36 40 40 2,728 Fair Remain 15 Sabal palmetto Cabbage Palm 15.50 13.25 24 144 Good Remain 16 Sabal palmetto Cabbage Palm 12.30 8 22 120 Good Remain 17 Sabal palmetto Cabbage Palm 11 6 18 81 Good Remove 18 Sabal palmetto Cabbage Palm 9.20 7 12 35 Good Remain 19 Adonidia merrillii Christmas Palm 19 27.50 20 100 Good Remove 20 Adonidia merrillii Christmas Palm 20 28.50 20 100 Good Remove 21 Plumeria spp. Frangipani 9.50 16 20 100 Fair Remove 22 Ptychosperma elegans Solitaire Palm 2 10 10 16 Good Remain 23 Ptychosperma elegans Solitaire Palm 1.75 17.50 16 63 Good Remain 24 Ptychosperma elegans Solitaire Palm 2.75 12.50 18 77 Good Remain 25 Ptychosperma elegans Solitaire Palm 2.75 25 19 90 Good Remain 26 Ptychosperma elegans Solitaire Palm 3 32.50 22 120 Good Remove 27 Ptychosperma elegans Solitaire Palm 3.75 41 21 110 Good Remove 28 Ptychosperma elegans Solitaire Palm 3.25 37.50 23 132 Good Remove 29 Ptychosperma elegans Solitaire Palm 2.25 23.50 22 120 Good Remove 30 Ptychosperma elegans Solitaire Palm 3 34 22 120 Good Remove 31 Ptychosperma elegans Solitaire Palm 3.25 29 18 81 Good Remain 32 Ptychosperma elegans Solitaire Palm 4 37.50 24 144 Good Remain REVISIONS MARLIN SoutOOiami PAS.EOPAHK E N G I N E E R I N G ARMANDOJ. AGUIAR, P.E.• P.E. No.: 84075 TH.EE .DISPOSITION 3363 w. COMMERCIAL Blvd, Ste. 115•FT Lauderdale, FL 33309 (954) 870-5070 •C.A. No. 6104 THE CITY OF PLEASANT LIVING Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #PR2022- 14-0-2022/SK Bid Name PASEO PARK IMPROVEMENTS Bid Due Date 06/28/2022 10:00:00 Eastern Bid Opening Closed 8 responses found.online, offline, not submitting, not received Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .Gencon Partners Inc. 06/28/2022 09:58:47 Eastern 12940 SW 128TH ST, Suite 104B, MIAMI, FL, 33186 $119971.4400 0.0000 Bidding Document 2 .Gryphon Construction Services, Inc. 06/28/2022 09:58:03 Eastern 815 NW 57th Ave Suite 200- 12, 200-12, Miami, FL, 33126 $109037.9100 0.0000 Bidding Document 3 .Homestead Concrete & Drainage 06/28/2022 09:58:12 Eastern 221 SW 4th Ave, Homestead, FL, 33030 $133491.7200 0.0000 Bidding Document 4 .Lumen Construction Services 06/28/2022 00:20:02 Eastern 6267 Sunset Drive, A5, Miami, FL, 33143 $154895.0000 0.0000 Bidding Document 5 .M&J GENERAL CONTRACTORS 06/28/2022 07:44:06 Eastern 300 PALERMO AVE, , 2ND FLOOR, Miami, FL, 33134 $187913.3200 0.0000 Hispanic Owned, Small Business, Woman Owned Bidding Document 6 .Perrin International Services, Inc. 06/28/2022 09:01:46 Eastern 12491 SW 134 Court, Unit 20, Miami, FL, 33186 $118330.0000 0.0000 Bidding Document 7 .Tower Contracting Corp. 06/28/2022 09:30:37 Eastern 3750 NW 28 STREET, 201, Miami, FL, 33142 $82800.4000 0.0000 Bidding Document 8 .Unitec 06/28/2022 09:50:59 Eastern 480 W 83rd Street, Hialeah, FL, 33014 $124824.2000 0.0000 Hispanic Owned, Small Business Bidding Document 53 Bidder Bid Price E- Bid Package Bid Form Exh #3 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 Proof of Ins Signed Contract TOWER CONTRACTING $82,800.40 GRYPHON CONST.$109,037.91 X X X X X X X X X X X X X X MISSING #6 PERRIN INTL $118,330.00 X X X X X X X X X X X X X N/A X GENCON PARTNERS $119,971.44 X X X X X X X X X X X X X N/A X UNITEC $124,824.20 X X X X X X X X X X X X X X X HOMESTEAD CONCRETE $133,491.72 X X X X X X X X X X X X X X X LUMEN CONST.$154,895.00 X X X X X X X X X X X X X X X M & J CONTRACORS $187,913.32 X X X X X X X X X X X X X X X RFP PR2022-14: JUNE 28,2022 PROOF OF INSURANCE IS A CONDITION OF AWARD NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER WITHDREW BID DUE TO ERROR 54 55 Pough, Quentin From: Kulick, Steven P Sent: To: Tuesday, June 28, 2022 11 :29 AM Timothy Smith Cc: Subject: Webster, John; Pough, Quentin; Payne, Nkenga RE: Paseo Park Improvements Importance: High Re: Request to Withdraw Good morning, Your request to withdraw your bid, without liability, for the Paseo Park Improvements RFP is accepted. Thank you, Steven Kulick, C.P.M. Chief Procurement Officer/Procurement Division City of South Miami -6130 Sunset Drive -South Miami, Fl 33143 Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov A,.·nJllitl'-l+t'=" ,,,..1,11,uoM, NIGP From: Timothy Smith <t@towercc.com> Sent: Tuesday, June 28, 2022 11:24 AM To: Kulick, Steven P <SKulick@southmiamifl.gov> Subject: Re: Paseo Park Improvements EMAIL RECEIVED FROM EXTERNAL SOURCE Please note we discovered an error in our bid and would like to withdraw Timothy On Jun 28, 2022, at 9:33 AM, Timothy Smith <t@towercc.com> wrote: Mr. Kulick; 1 56 Would you kindly forward the bid tabulation for this project. Thank you Best Regards, Timothy Henry Smith Tower Contracting Corp. 3750 NW 28 Street Unit 201 Miami, FL 33142 Ph: 305.756.8700 2 815 NW 57th Avenue, Suite 200-12 Miami, Fl 33126 CGC1517234 786-373-8801 Ops@Gryphon-CS.com Arturo di Mauro Jr., CGC# 1517234 PROFESSIONAL EXPERIENCE: MCM Corp 2012- 2021 Purchasing Manager Miami, Florida 2008-2012 Project Manager Miami, Florida 2007 Project Engineer/Asst PM Summary of Responsibilities as Purchasing M: Reviews and evaluate vendor bids: considering price, lead time, past performance, etc. to determine successful bidder that is in compliance with plans and/or specifications. Expedites awarded contracts/purchase orders when necessary to insure timely delivery. Reviews all required qualifications and scope of contracts and documentation for purchase orders/contracts as needed. Establishes & maintains working contact with Subcontractors/Vendors. Meet with Subcontractor representatives as required. Reviews and negotiates suggested changes to master contract agreement and purchase order’s term and conditions. Reviews work authorization forms and ensure agreement clarity and compliance with Contract Documents. Reviews and qualifies subcontractor’s pre-qualification forms. Attends networking events and/or career fairs to promote company’s profile and keep up with new market conditions. Keeps track of uncommitted purchase orders and confirm that they are brought to closure.Reviews all purchases made by purchasing agent(s). Updates buyout sheets and contract status report as projects are bought out. Assists in value engineering. Assists in project estimating duties. Maintains communication with parties involved in bid. Reviews bid summaries. Creates spreadsheets for comparative analysis. Reviews scopes and specifications of bid. Reviews and qualifies Subcontractor’s proposals. Makes sure there are no gaps among trades/scopes. Performs additional assignments per supervisor’s direction. Advanced knowledge of estimating techniques and cost control, plus ability to interpret computerized cost data and systems essentials. Summary of Responsibilities as Project M: Simultaneously managed 5 projects whose cumulative value is approximately $104MM, Overall Responsibility for the following activities and events: Submittals, RFI’s, Field management and coordination, Conducted Field and Project Meetings (Operations and Cost), Responsible for Payment Requisitions and monthly application walk down, Review and Negotiate Change Orders, Manage Subcontractors including scopes, billing review and contract disputes, Address Safety and Quality Control Issues with Owner/MGC, Attend pre-bid meetings for potential contracts and pipeline development. 57 Miami International Airport- Concourse B-D interior finish out and ETD buildings: - $ 104 Million Project Description: Renovations and remodeling work throughout the existing concourses B, C and D, which are approximately .05 mile long. Additionally, two state of the art ETD (Explosive Trace Detection) facilities were built at concourse B and D. Working throughout 4 levels of an active airport presented challenges for our work, which included the following; General Construction: new structural steel elements and structural slabs for elevator and escalator infills, respectively. Demolition (general, structural, architectural and selective), Structural foundation and building framing, Low headroom Auger cast piles, new GAF roofing system, Structural steel and miscellaneous metals installations (slab retrofit, traffic barriers, guardrails), Spray applied fireproofing and fire stopping. Interior Finishes including ceilings (Hard, acoustical and metal tile, as well as partitions, level 4 and 5 drywall finishes, veneer plaster, textured stucco, Granite panels, customized expansion joint covers, sound attenuation panels, waterproofing and traffic coating, Zurqui Construction Services Inc. 2006-2007 Project Manager Miami, Florida Summary of Responsibilities: Negotiated contract buyouts and oversaw contract administration, Conduct interviews office and field personnel, Attend pre-bid meeting and negotiations, Allapattah Middle School: 2.1 million Project Description: • Library remodel: approx 3,750sq ft: new lighting, carpet, ADA compliant media desks and faucets, CCTV system and taping rooms in order for the students to broadcast their very own daily news. • Locker Rooms: approx 1,800 sq ft: Remove and replace tile and lockers for men’s and women’s locker rooms. • Auditorium: approx 6,400 sq ft: Remove and replace existing curtains, fire sprinkler system, audio and PA system, sound attenuation blankets, VCT flooring, seating, lighting and paint. Essentially transforming a dilapidated old auditorium into a state of the art facility with sound and lighting system that could compete at a professional level. • General demolition, voice and data drops FIU artist studio: 1.2 million Project Description: Built from the ground up (all site development included but not limited to sanitary lines, catch basins, drainage system, site lighting and asphalt), a 5,700 sq ft, 2 story structure made of CBS shell with store fronts, lightweight insulated concrete for the roof, metal deck, steel beams and joist. The facility housed classrooms, offices, and an art studio/workshop and exhibit area. The workshop had pressurized airlines, chain hoist equipment in order to elevate materials and/or artwork. In addition, it is one of the few buildings that had a wheel chair elevator/lifter. 58 BellSouth Telecommunications 2002 - 2006 Multilingual Sales Associate/Coach Miami, Florida Miami Equipment & Export 1997–2002 Sales and Purchasing Agent Miami, Florida • Conducted export sales of new and used heavy equipment along with replacement parts for industrial, construction and agricultural use • Developed extensive knowledge of heavy equipment and equipment performance. • Scheduled and prepared documentation for transportation and delivery of goods at foreign ports. Lumeco Management 1994-1997 Assistant Project Manager Miami, Florida • Prepared bid information for Miami-Dade County public works projects. • Assisted estimator in performing quantity takeoffs. • Attended all pre-bid conferences for all government and private work. • Oversaw general maintenance and coordination of heavy equipment throughout multiple projects. • Coordinated and managed M.O.T. for numerous government and private projects. • Ensured OSHA trenching and shoring standards met. EDUCATION: 2003 Bachelors in Business, Management & International Business Florida International University 2000 Associate in Arts Miami Dade College 1994 Christopher Columbus High School LICENSING, Training, Professional development and/ or Awards: • Recognized as 2010 LBA (Latin Builders Association) Project Manager of the Year • Selected to represent “I AM MDC” • Osha-Trenching and shoring safety and 30 hour Certification • Hilti Firestopping Seminar “ Fundamentals of firestopping and proper selection of Hilti UL tested firestop systems” • Work Zone Safety Training “ MOT Guidelines for Construction, Maintenance and Utility Operations” • The Art of Project Closeout Seminar, Florida Atlantic University • Taking Charge of the Construction Process 59 • Expedition 3 day training for Project Controls • Parsons-Odebrecht educational Seminar: Alternate Dispute Resolution SKILLS: • Computer Literate: Microsoft Office, Primavera Expedition, Heavy Job, P-vault, Timberline • Fluent in both English and Spanish. • Strong negotiating skills; persuasive, persistent, and resolute. REFERENCES: Available Upon Request 60 61 THIS PR.OPOSAL IS SUBMITTED TO: Shari Kamali C ity Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 EXHIBIT 3 PASEO PARK I MPROVEMENTS RFP #PR2022-14 RES PONDENTS BID FORM I. If this Propo!'>al is accepted, the undersig ned Responde nt agrees to enter inlO a Contract with t he City of South Miami in the form inc luded in this Solicitation Package and to perform and furn ish all work as specified or in dicated in this Solic:ira.tion, including as set forth in Exhibit I (Scope o'f Services, Attachment A, 8, C & D) for t he Proposed Price as set forth below, with in the Contract Time and in accordance with the other terms and conditions of t he Sol icitation Package, 2. Respondent accepts all of the terms and conditions of the Solic itation and Instructions to Respondents. including without limitation those dealing with the dispos ition of Proposal/Bid Bond, if required. T his Propes.ii will remaln subject co acceptance for 180 calendar days after the day of the Propes.al Opening . The Respondent., by signing and submitti ng this proposal, agrees co all of t he terms and conditions of the fo rm of contract that is a part of the Sot icicacion package with appropriate changes to conform co the information contained in this Bid Fo rm. Respondent agrees to sign arid submit the Bo nds if required by this Soli ci tation, required Insurance documen t:s, and other documents req uired by the Solicita tio n, inc.luding the Contract if not already s ubmitted, w ithin ten ( I 0) calendar days after the date of the C ity's Notice of Awa rd, 3. In submitting ch is Proposal, Re spondent rep resents that: a. Respondent has examin ed copies of all che Solicication Documents and of the following Addenda., if any (receipt of all which is hereby acknowledged .) Addendu m No. Dated: b. Respondent has fam ili arized himself with t he nature and extent of the Contract Documents . the proposed work. sic.e., locality, and a ll local conditions and laws and regulations t hat ln any manner may affect cost, progress, performance or furnishing of the Work. c Subsurface conditi ons: If app lica,ble co this Sollcitatio n, the Respondent represents that: i. Respondent has ca r efu ll y s-tudied aJI reports arid drawings, if a.pp licabfe, of subsurface conditions and drawings of physical cond it io ns. ii. R.espondent has obtain ed and carefuHy studied (or assumes responsibility for obtaining and carefully studying) all such examinatio ns, investigations, explorations, tests and studies in addi ·on to or to supp-1ement th ose referred to in chis paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect che cost. progress, performance, or the furn ish in g of the Wo rk at the Contract Price, within the Conu-act Time and in accordance with the other terms and conditions of the Contract Documents . Th e Respondent hereby acknowledges that no add itional examinations, investigations, explorations, tests, reports or sim il ar information or daca are, or will, be requiroo by Respondent for any reason in connection with the Proposal. The fallure o f the Respondent co reques t a p re-bid marking of the construction site by any or all uti lity companies w ill create an irrefutable presu mptio n that the Respondent's bid, or proposal price, has take n into consideration all possible un derground conditions and Respondent, if awar ded the contract, wi ll not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated ch~ resu lts of all such observations, exami nations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Res pondent has reviewed and checked all information and data shown or indicated in the So licita t ion Package or In t he Contract Documents with respect to existing Undergro u nd Facilities or conditions S9 of 93 62 ac or contiguous to che site and assumes r espo ns ibil ity fo r the accurate location of a ll Underground Facilities and conditions that may affect e,he Work. No add ition.al examin ations, investiga t ions, explorations, cescs , re po rcs or simil ar information or da ra in respect to any Und ergrou nd Facilities or conditi o ns are. or will be, required by Respondent in order co perform and furnish che W ork at t h e Contract Pri ce, w it h1n t he C o ntract Tim e and in accordance with the other cerms and cond itions of the Contract Docu ments unless the Pr oposal spec ifi cally scaces that the contract price is subject c.o adjustment for fuwre discovery of und e rgrou nd facilit ies and/or cond itions t hat aff ect the cost of the W ork an d un less t he respo nd e nt makes a written rnquesc to th e City fo r additional info rmation prio r to sub mitti ng the bid or pr oposal as requi red i n subsection ll above. d . Respondent has given the City written notice of all conflicts , errors or discrepancies diat it has discovere<i in the Contract Documen t s and, if any conflicts , errors or d1screpancies have been found and notice given, the Res ponden t represents, by sub mitting its proposal co the C ity, that th e Respondent has received sufficient notice of the resol utlon t he reof fr o m the City, that .suc h resoluti o n i$ acc eptable t o Respondent and that the Res po ndent waives any cla im regarding the conilicts , en-or s or discrepancies, e. This Proposal is genui ne and nor made in the interesc of o r on beh alf of any undisclosed per s-on, firm or corporation and is not subm itted pu rs ua nt e,o any agreemen t or rul es of any grou p, association, organizatio n, or corporacion; Respondent has not d irectly or Ind ir ectly ind uced or solici ted any other Respondent to su bmit a false or sham Proposal; Res ponden t has not solicited or ind uced any person, fi rm or co rporation to refrain fr om respo ndi ng; and Respondent has not sought by collusi on or otherwise to obtain for itself any advantage ove r any other Respondent or over the CITY . 4. Respondent understands and agrees chat the Contract Price is the amount t hat it n eeds to furn ish and install all the Work complete and in place. The Sched ule of Val ues, if required, is pr ovided for the purpose of ProposaJ Evaluation an d when initiated by t he CITY , it will form the bas is fo r calcu lati ng the pricing of cha nge orders. T he Contract Price may not b e adj usted in any way to result in a deviation from the Sched ule of Values , except to the extent that the CITY changes the Scope of the W o rk after th e Con tract Da te. As such, the Respondent must furnish all la bor, mate rials. eq uip ment. tools, su perin~endence, and services ne cessary co pr ovid e a complete, in place, Project for the Propo~I Price. H ch is Solicitation r equires the completion of a Respondent C ost and Technica l Proposa l, as may be sec forth in a n exhib it to ch is Sol ic itati o n, such proposal must be at,tach ed co this Bid Form and will cake the place of the Lump Sum Pr ice, otherwise, th e Contract Price for the com pleted work is as fol low s: LUMP SUM BASE PRI CE: _.___O__.~-=tJ=--3_:J-..:...._ __ dollars and ___ C,~· _/ ___ cents Alternates: ___ -______ #2 ______ -_________ _ A fee breakdown for each task included in the lump sum contract pri ce. if applicable, must be provided. Failure to provide this information will re nder the proposal non-responsive . 5 . The ENTIRE WORK for project in accordance with fachibit I, Scope of Services,. Attachment A. ~ C, & D shall be compfeted , in full, withi n 75 ca lend ar days from t.he Commencement Date set forth in the NOTICE T O PROCEED. Failu r e co complete t he entire work during t he de.scribe<i time wil l re.suit in th e assessmen t of liqui dated damages as may be set forth in the Contract. 6 , Insert the fol lowing information for fucure communication w ith you concerning this Proposal: RESPONDE NT: Address; T e lephone: Facsimtfe; Contact Person 7. Th e terms used 1n ch is Proposal wh ich are defined in che Concract have the same meani ng as is ass igned co chem in the Contract Documents, unless specifica ll y defi ned in this Sol lcita cion Pa ckage. 8 . ff a Respondent's Cost & Technical Proposal is requ ired by ch e Solicicatio n, Respondent hereby certifie s under penalties of perj ury that all of the facts and responses to th e qu estions posed in the C ost & Technical 60 of9] 63 Proposa[, if such an exhibit is made a part of the So li dtat1on, a.re true a.nd correct and are her eby adopced as part of this Respondents Bid Form, and ar e made a part of this proposal, by reference. ~i>~ ~A~c,v;eMIC#J 9. This proposal is submitted by ~ft> c:L ~fo whose add r ess is t 4 2.<JO-l'L _________ • whose teleph one number is )B~311t861 , whose fax number is __ ______ • whose email add r ess Is ~-'i:tl ~•~$.c.olf' and whose authori zed representative signi ng this Bid Form is AtvnJro ch ;.J.a.;,; whose tide is ~ I 0. By submitting ch is proposal, I, for myself and on behalf of the business that I represent., he r eby agree to the tenns of the form of contract contained in the Sol icitation package and agree to be bo und by those terms. wit:h any appropriate bfank 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 t hat the City and I have agreed upon in the course o f contract negotiations and chat has been confirmed by the City in writing, including e-mail confirma ·on. if • I hereby certify under penalties of perjury chat 1 am the lawful representative of che business nt' ed in th is Bid Form. that I have authority co bid for t hat entity, that I have authority co f at entity and bind it co hose contract terms and chat aU o f th e information and represe n ed herein are crue .tnd cor rect. [Print signatory's name) Date o f E.xecuc io n: _ __.._,.. .... Z:~i-+(_"2.--'---L---"----- \ END OF SECTION 61 of 93 64 PA.YJTEN DESCRIPTION UN QUANTITY COST T OTAL ROADWAY ITENS 010 1 I :MOEIIUZATIO LS I 10 ,000 \0 ,000 0102 I ,MAINTENANCE OF TRAfRC LS I 100 '"'""\00 0107 I LI EP.REMOVAL AC 5.20 ~OD \7Cf"i 0107 2 NOWl G AC 5.20 lQl) c;zo 0 110 I I CUARING & GRUBBING LS 1.00 10, Ql)I) 01 oou 0110 ◄ 10 RE OVAL OF EXISTING CO CRETE PAVEMENT SY 13 (DfJ .-it l,F_xX) .D0 0 11021 lt l\EE PROTECTION BA RIER Lr ~o 1.') \ / tioo 0 110 I l\EG EXCAVATIO (TR.EE l'tA [NG ) C( S4 IOD (iJ , 1 0 0$11 I CONCI\F\'1: !ilOi:WA.LK A.NP ORIVi;WAYS, ~-THI CK SY JI i~ .,,a.JO . is 0522 2 CONO\ere SIOEWAJ..K AND DIIJVEWAYS. 6' THI CK SY 2 1 q 7 t 1 ,i..\ l. b~ 0617 2 DETECTABLE WMNI GS SF 10 4S 6 \ 1 · bO OS70 I 2 Pl:RFOi\MANCE. TURF, SOD SY "261 " ,_vj) 1 . !J(D l ()5 05$0 5 2~ LANDSCAPE-TPJ: 5. CRI NUM AUGUSTUM QUEfN EMMA -45 GALLON EA 9 4q5 5 l L.½. LS 0580 5213 LANDSCAPE• TREES, U\/'E OAK QU ERCVS VI GINIANA EA I \ J Y ~o \,1 ! lp 05W S702 LANDSCAPE· TIU:ES, CUJSIA ROSEA EA 72 46 >,3 l l O'~O S762 LAN SCAPt-T REES . '\'SI OMA LATI SI UQUA '\NILD TAMMI D EA J I 1 /p 26 /i'&~ lS 0700 2 14 fM UlTI-POST SIGN. ~31 GRO D OU . )1,$05i ~bCQ 1 . -;.s I q_.'J~1 0751 17 TRASH RECEPTACLE EA I lb 6q . -l D~)'t 0751 38 IS BENCH, Fil , R£CTCUD i'lASTIC EA 2 t,£,~l 11" j ,)1:J . l, ~- X-999<l SWl NG MODEL KSW'924 AS I 1i .. b!JO.';:, \ r 165D . (lj X-999 1 POURED-IN -PLACE RUS&ERSAfETY SUP.FACE. 81 7 >I' LS I [(1, 2 '/lg ~IJ 'l H.J l(p, 2 & X-99'.12 fl.UB!!EJ\ c u~s EDGI N G. f 4r PER IMETER. LS I q ?J(/i ~· Ll :;&L .,. X-9'993 Ml IUSRAAY EA J lq4u .W 1 lf fJ.Zb >, ,. x.~ PROY1 D FINAL AS -BUI LT PLANS LS I 21!1). il~- Total ~I Ot◊J1 .~\ S3 of 93 65 SUBMITTED THIS z DAY OF :Iu......t.. 20 ?.,~ Telephone Number Fax Number Signature ~ Titl)P ' Al2== e 8 ~ phoN-C~. Cory,, Email Address END OF SECTION S4 of 93 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 66 67 ARTICLE I -DEFI N ITIONS EXHIBITS CONSTRUCTION CONTRACT GENERAL CONDITI ONS PASEO PARK IMPROVEMENTS RFP #PR2022 -14 Whenever used in these G eneral Conditions or in the other Contract Documents, the following cenns have the m@aning indicated. These definitions always apply when the section of t he Contract specifically refers co this Article for the purpose of incerprecing a word or group of words in that secti on of the Contract D ocument. However, w hen the section of the Contract. where the word to be defined is used, does not s pecifically refer to this Article co define the word o r group of words, the d efi nit ions contai ne d 1n this Article wi ll not apply unless the word or group of words, in the context of it or chelr use in t he C o ntract Document in question, is/are ambiguo us and o pen fo r interpretation. In addition, th e se definitions do not apply to interpret terms in a specific provision of a Contract Document if that specific provision contain s a d efi nition of the term in question: Addenda ; Wrinen or graphic documents is su ed prior to the Bid O p~ning wh ich modify or interpret the Contract Documents, Drawings and Specifications, by addition , deletions, clarifications, or cor rection. App licat ion for Paxmem: A fo r m ap proved by he City's consulcanc (C ON SULT ANT), if any. or the C ity Manager which is co be used by CONTRACTO R 1n req uesting progress payments. 8kt The offer or proposal of the Bidder submitted on the prescribed form setting fort h the prices and other tenns fo r t he Work to be perfor med. Bidder: Any person, firm or corporation submitting a response to OWNER's solic itation for proposals or bids for Work. Bid Documents; The solicication for bids or proposals and aH documents that make up the solic itation includ ing the instructions , form o documents and affidav its. ~ Bi d bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its !>Urecy in accordance wich the Contract Docu me nts and in accordance with che raws of the State of Florida. Cha.JJ~ Order. A written order to CONTRACTOR. signed by the City Manag,er authorizing an addition, deledon or revision ln t he Work. or an adjustment in t he Contract Price o,r the Contract Tim e issued after execution of the Contracc. Work Order Proposa ls: Writte" proposals from CONTRACT O R in response to orden or requeSt for work based o n t he Scope of the Work provided by O W N ER to CONTRACTO R. The proposal indudes line-ftem pricing, where there are multiple locations, and the timeframe for compfet ing the work. Qt,)'.; T he City Manager for the City of South Miam i, 6 130 Sunset Drive, Sout h Miami. FL 33143, or manager's designee, unless che context wher ein the word is use<l should more appropriately mean the City of South Miami. City Mana~ec In clu des ch@ City Manager's designee. Construction Observer: An a uthorized representative of C O N SULT ANT, if any , or otherwise a representative of OWNER assigned co observe the Work performed and materials furn ished by C O NTRACT O R. CONTRACTOR. w ill be notified in writing of the identity of this representative. Contract Documents: T he Concract Documents include the Contract between OWNER and CONT RACTOR, ocher documents li st ed in the Contract and mod ifications issued after execu t ion of the Contract as wel l as al l Bid Documents incl uding but not lim ited to the solicication for Bid. C O NTRACTOR'S Bid, the Bonds, Ins urance endorsements, Insurance Certificates and pol icies , the Notice of Award. the Notice to Proceed, the G eneral Cond1tions. Spec ial Conditions, ff any, any Supplementary ConditJons, the Techn ica l Specificat ions, Drawings, Including any incorporated spedfication s, addenda to the drawings issued prior to execution of the C ontract, Change Ord ers, C onstruction Change D irectives and any written order fo r a minor change in t he Work, and written modifications to any of the Contract Documem.s. Contract Price; The total moneys payable to CONTRACTO R. pursuant to che ter ms of t he Contract Documents. Concract Time: T he nu mber of calendar days stated in the Contract for the completion of the Wor k. Co ntractin~ Officer: The lnd1vidual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: T he person, firm, or corporation with w hom OWN ER has executed the Contract. CONSU LT ANT: The person identified as CONS UL TANT in the Supplement;J.ry Conditions or, if none, then O WNER's designat ed representative as identified in the Supplementary Conditions. Qax. A pe r iod of twenty-four ho urs measured from the beginni ng of che day at 12:0 I a..m. and it will be presumed o be a calendar day unless specifica lly designated as a bus iness day. 64 of 9J 68 ~: The number of twenty-four (24) hour periods following the event to whic h the word "days" refers com mencin g ac 12:0 I a.m. at the start of the next day. Therefo r~ in computing any period of time prescribed or al lowed by the Contract Documen cs, the day of the act. event. or default fro m which t he designated period of tim e begi ns to run wi ll not be included. T h e last day of the period so computed will be inclu ded unles s it is a Satu r day. Sunday , or legal h o liday, in which event the period will run un til the end of the next busi ness day that is not a Saturday, Su nday or legal holiday. Qefecrjye Work: Work chat is unsatisfactory, fau lty, o r deficient in t hat it dces not conform to the Contract Documents, or does not meet the requirements of any app lica ble Insp ection, reference standard, cesc, or approval referred t.o in the Contract D cxumeots, or has been damaged pri or to CONSULT AN T'S recommendation of final payment (un less responsibility for t he p rotection thereof h as been delegate d to OWNER): subscicutions that are n ot properly approved and author ized , any defi ci ency in the W o r k. mate.-ials and e qu ipment ; materia]s and equipment furnished under t he C o ntract that are not goo d quality an d new un less otherwise required or permitted by the Contract Docu ments. Drawin~: T he drawings which show t h e charact er and Scope o f the W ork to be p-e rfo rmed and which have been prepared or approved by CONSULTANT, or if no n e, che.n by an arch itect or eng ineer hired by City Ma11ager and are referred to in the Contracc D ocuments. Field Or elee; A written order iss ue d by CONSU LTA NT which clarifies or interprets the Contract Documents in accordance with Paragraph 9 .3 or orders mi n or changes in the Wor k in accordance with paragraph 10.2. Modification: (a) A wricten amendment of the Contract Do cuments signed by both pa r ties , (b) a Ch ange O rder sigoe<i by both parties, (c) a written cl ari fication o r interpretation if issued by CONSUL T ANT in accordance with paragr aph 9.3 or (d) a written order for minor change or alcera ion in che W ork iss ued by CONSULTANT pu rs uant to Para.graph I 0.2. A modificatio n may onfy be iss ued afte r execution of the Con cracc, it m use be in wri ting an d signed by the party against whom t he modification is so ug ht to be enforced. N,oo-co □form i n ~ Work means work that does not conform to the Contract Documencs and includes work that 1s unsatisfactory , faulty, or deficient or that. does not meet the req uirements of any a pp lica ble inspection, r eference stin dard, test, or that does not meet any approval re<iu ired by, o r referred to in. the Conc:racc Documents, or work that has been damaged prior to CONSULT AN T's recommendation of final payment {unless responsib ility for the protectio n t hereof has been assumed in writing by OWN ER). Notice of Award: The written notice by C ity Manager to the apparent successful Bidder seating that upon compliance with the conditi o ns precedent co b e fulfilled by lt wit hin the t ime s peci fied, C ity Manager will execute and deli ver the Contract to him. Nocicc to Proceed: A written notice given by City Man age r to CONTRACTO R (with copy co CONSU LT ANT) fixing the date on which the Contract Time w ill com me nce to r un and on wh ic h CONTRACTOR mus t start to pe,rform its obllgatio n $ under the Contract Documents. Qo'.n.er. The Ciry of South Miami. feaQn: An individual or legal entity. ~ T he entire consrruccion operation bein g performed as del i neated in the Con tract Documents. ~ T he cerm "po licy'' as used in the Contract Documents means the insura n ce b inder, if it is issued, the dec laration page of the policy and the body of the policy, in clud ing all endorsements. B.Ef: Re<iuest fo r Proposal. Scope o( Serv ic es , Th is phrase refe rs to the scope o f th@ services or work co be performed and it has the same meani ng as. Scope of the W ork un less the context in w h ich the ph ase is us.ed clearly m eans otherwise. Shop Drawi~ · Al l drawi ngs , d iagrams , illuscratl o ns, brochures, schedu les, a nd ocher data which are prepared by CONTRACTOR, a Subcontractor, manu fac turer, supplier, or distributor. and which ill ustrat e the equipment, material or some portion of the work and as required by the Contract Doc ments. Samples : Phys ical examples which illustrate mat erials, e<iu ipmenr o r workman sh ip and establish stan dards by which the Work wi ll be judged. S~ci fication~; Those portion s of the Contract Documents con slstlng of w ri tten technical descriptions of materials, e qu ipment, construction systems, stmdards and workmanship as applied co the Wo rk. Subcon tractor: An indiv idu al, firm or corporation having a direct contract wlth CONTRACTOR o r with any other Subcom.raccor for the performance of a part of the Wor k a t t he construction site. Subsc.antial Co mpl etion: The date, as certifie d by CONSULT ANT, when the const:ruccion of the Project or a certified part t hereof is sufficiently completed, in accordance w tch the Co ntract Documents, so that the Project, or a. substantial pan, can be utilized for the purposes fo r which it was in tended withom restriction or lim itation to any degree, ocher than for the repair of minor "punch list'' items; or if there be no such certifkation, the dace when fina l payrnenc Is due in accordance with paragraph 14.9. Howeve r , in o event will the project or portion ther eof, be deemed to be substantially completed u ntil a certifica t e of occupancy o r certificate of use is lawfu lly iss ued by the ap pl icab le governmental agency. A certificate of Substantia l Com pletion, issued by CONSUL TANT. will be nu ll and void if it is based on fa lse., misleading, or inaccurate information. from any source, or when it would 65 of 93 69 not have been is.sue but for the consideration of W ork that is thereafter found to be defective to a degree grearnr than that w hich would n o rmally to be considered by C ity Manager to be minor "punch list" work. Slip~ Any penon or organization who supplies materials or eq uip me nt for the Work, including the fabrication of an i em, but who does not perform labor at the site of the Work, ~ The individual or entity who is an obligor on a Bond and who i!> bound with CONTRAC T OR for the full and faithful performance o f the Contra ct and for the payment of all labor, services and maceriaJs used on the project. Work; Any a nd al l obligations, duties, and responsibilities n ecessary for the successfu l performance and com pl etion of the Contract. Notice: The ce,.m "No ·ce" as used herein means and in cludes all written notices, demands, i nstructions, daims, approvals , and disapp r ovals required to obtain compli ance with Contract requ irements. W ri tten notice will be deemed to have been duly served if delivered in person co the Indivi du al o r to a memoor of the firm o r to an officer of the corporation for whom it is intended, or co an authori zed represenca cive of such individual, firm, or corporation, or if delivered at or se nt by r egistered mai l to the last known bus iness address. Unless otherwise stated in writing, any n otice to or d emand upo n OWNER under this Contract mus t be delivernd to City Manager and CONSULTANT. ARTICLE 2 -PRELlMLNARY MATTERS. ~ 2.1 The Gty Mana_ger reserves the right to reject any and ail Bids , at its sole discretion . Bid s will be awarded by OWNER to the low est responsiv e and responsible Bid der. No Notice of Aw ard will be given unti l the City Manager has concluded its Investigatio n , as it deems necessary, to establi sh, co the satisfacti on of the City Manager, which Bidder is th e most respon sive and responsib le of all the Bidde r s co comp lete the Work wit hin the time prescribed and in accordance with the Co ntract Documents. The C ity Man ager reserves the r ight to reject the Bid o f any Bidder who is not believed to be, in the sole d iscre-cion and satisfa ction of C ity Manager, to be sufficient ly responsible, qual ified, and financ ial able to perform the work. In analyzing a Bid, the City Manager may also take into consideratton alternate and unit prices, if requested by the Bid forms . If the Concract is awarded, t he C ity Man ager will issue the Notice of Awa rd and give the successful Bid d er a C ontract for exec ution with in ninety 90) day after opening of Bids , Execution of Cont ract: 2.2 At lease four counterparts of the Con e.race, the Performance and Payment Bond, the Ce rti fi cates of Insurance, the Binder of lnsurance if is~ued, t he Insurance Declaration Page if not indudad in the Po li c;y of Insurance, the Pol ley of Insurance required by the C ontract Documents, the wriuen not ice of designated supervisor o r superinten dent as provi ded in Sectio n 6.1 of the G e neral Co nditio ns an d such ocher Documents as required by the Contract Documents must be executed and defivered by CONTRACTOR tO t he C ity Manager wi thin ten ( I 0) calendar days of receipt of the Notice of Award. A C ontract Docu ment chat requires the signature of a party may be executed in cou nterparu separately by each of the parties and, in such event. each cou nc erpai-c separa tely exe cute d wil l, without pr oof or accounting for che other counterpart be deemed an original Contract Document. Fo rfeiture of Bid Securic;y/Pectormance and Paxment Bon d if any are c~u ired by the app licab le RFP: 2.3 Within ten ( I 0) calendar days of being notified of the Award, CONTRACTOR must furnish a Perform an ce Bond and a Payment Bond containi ng all e provisions of the Performance Bon d and Paym ent Bond attached . 2.3. J Ea ch Bond must be in t he amount of one h und red percent ( I 00%) of the Contract Price guara n c.eeing to OWNER th e comple ti on and perfo rm ance of che W ork covered in such Con tract as wel l as full payment of all supplie rs , marnrial man, laborers, or Subcontractor emp loyed pursuant to this Project. Each Bon d must be w ith a Surety company whose qualifica 'ons meet the requirements of Sections 2.,3.4, 2.3.S, and 2.3.6. 2 .3.2 Each Bond must continue in effect for five yea rs after final compfedon and acceptance of the Work w idi t he li abil ity equal co one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 25S.0 5 ( I), Florida Stat utes, CONT RACTOR must ensure that the Bond(s) referenced above are r ecorded in the pu btic records of Miam i-Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond m ust be executed by a surety company a uthoi·ized to do b usiness in the Sea te of Florida as a surety, havlng a resident agent in the Sca ce of Flo r ida and having been in bus iness with a record of successful con tinuous operation for a least five (S} years. 6c6 of 93 70 2.3.5 The surety company must hotd a current certificate of authority as acceptable surecy o n federal bonds in accordance with the United Scates Department of Treasury C ircular 570, currem rev isions. 2.3 .6 OWNER wi ll only be required co accept a surety bond from a company with a rating A VII or better. 23.7 Fa il ur e of the successful Bidder to execute and deliver the Contract and del iver the req ired bonds and Insuran ce documenu wi ll be cause for the City Manager to annul the Notice of Award and declare the Bid and any s.ecurity therefore forfolted. Contrao;or's Pce;;Sraa Representation: 2.4 CONTRACTOR represents that it has familia r lz.ed itself w ith and assumes full responsibi li ty for having fam iliarized itself with the nature and extent of che Coocract Docu ments, Work, local ity, and with all local conditions and federal, state, and local laws. ordinance, rules, and regulations that may in any manne r affect performance of th e Work and represencs that it has correlated its scudy and observations w ith the requ irements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of su bsurface an d latent phys ical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of me Work refle cted in the Contract Documents and that he has correlated the resu lts of al1 such data with the requirements of the Contract Do cuments. Comme ncement of Contract Time: 2.S The Contract Time will commence to run on the date stated in the Notice to Proceed. Scaain~ the Projecc: 2.6 CONTRACTOR must scan to perform its obligations under ch e Contract Documents on the date t he C o ntract T ime commences to r uo. No Work may be done at the site (as defined in Article I). prior to the date o n which t he Conrract T ime commences to run, except with the written consent of the C ity Manager. Before Srattin2: Cons.tructioo: 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 an app li cable fie ld measu r ements and conditions. le. must at once report i n writing to CONSULTANT any confl ict, error, or d iscrepancy which it may dis cover. Neither OWNER nor CONSULT ANT will be lia ble for any harm, damage o r los s suffered by CONTRACTOR as a result of its failure to discover any conflict. error, or discrepancy in the Drawings or Specifications nor wi ll CONTRACTOR be entitled t.o aoy compensation !or any harm, damage or loss suffered by CONTRACTOR du@ to any co nflicc., error, or d iscrepancy in the Conc,ract Documents . Schedule of C ompletion: 2 .8 Within Five (5) business days after deli very of the No ·ce to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval, an estimated construcrfon sch!!<lu le indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submiss ions. CONSULTANT w ill app r ove this schedu le or requir e rev isio ns chereto w ith in seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved In the Project. the responsib ility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) bu si ness days after delivery of che executed Contra.ct by Ci cy Manager co CONTRA CT OR, but before starting the Wor k at the site, a p re-construction conference will be held to review the above schedules, to es abl ish procedur es for handling Shop Drawings and ocher submissions-, an d for processing Ap plica tions for Paymenc, and to establish a working understanding between the pan:ie.s as to the Project. Present at the conference wlll be OWNER'S represemaclve, CONSULT ANT, Resident Projec( Representatives, CONTRACTOR. and its Sup-erinr.endent. QuaJifi,adons of SubcQotQCJ:W, tlateciill wen and Suppli ers ; 2. t O Wi c:hin five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder muse submit to the City Manager and CONSULTANT for acceptance a li st of the names of Subcontract.ors and such other persons and organiutions (including those who are to furnish prindpaJ ite ms of materials or equipment) proposed for those portions of che Work as to which the identity of 67 of 93 71 Subcontracto rs and other persons and organizations ust be s ub mitted as specified in the C ontract Documents. Within thirty (3 0) calendar days after receiving the list, CONSULT ANT w ill no tify CONTRACTOR in writing if either t h e City Manager o r CONSULT ANT has reasonab le objection to a ny Subcontractor, pers on, or organization on such li st, The failure of the C ity Manager or CONSULTANT co make objec ·on to a ny Subcontractor, person, or organization on the list within th irty (30) ca fendar days of the receipt will consti tute an acceptance of such Subcontraccor, person , or organization . Acceptance of any such Subcontraaor, person or organiza tion w ill n ot constitute a waiver of any right of OWNER o r CONSULTANT to reject defec tive W ork, material o r equipment. or any Work, material, or equipment not in c.onformance with the requi rements of the Contract Documents. 2.11 If, prior to the Notice of Award, the C ity Manager or CONSULTAN T has reasonable objection to any Subconcraccor, perso n or o rgan iza tion listed, the apparent low Bidder may, prior co Notice of Award, submit an acceptable substitute without an increase in its bid p ri ce. 2.12 The apparent sil e nc e of the Contract Documents as co any deta il, or the apparent omission from them of a detailed descri ption concerning any Work to be done and materials to be furnish ed, will be rega r ded as mea nin g that only best practices are to prevail and only materials and workmanship of t he best qual ity are co be us ed in the performance of the Work ARTICLE 3-CORRELATION, INIEBPRETAT ION, AND INTENT OF CONIBACI DOCUMENTS 3 .1 It Is th e in tent of the Sp ecifications and Drawings to descri b-e a complete Project to be constructed in acco r d ance with the Contract Documents. T he Contract Documents com pr ise the entire Cootract between OWNER and CONTRACTOR. T hey may be al tered only by a modification as de fined in Article I . 3.2 The Contract Documents are complementary; what is called for by one is as binding as if ca lle d for by all the documents. If CONTRACTOR. finds a conHi ct. error, or discrepanc-y in the Contract Documents, it must. before proceeding w ith the Work affected thereby, immediately call it to CONSU LT ANTs accention in writing. Th e va ri ous Contract Documents are compleme ntary; in case of conmcc, err or or diS-<:.re-pancy, t h e more stringent inter pretation and requirement that will provide the maximum benefit co OWNER will app ly 3.3 The words "furnish" and "fumish and insta ll ", "i nsull", and "provid e" or wor ds with simila r meaning w ill be inter preted, un less otherwise specifically seated, to mean "furn ish and install complete in pla ce and ready for service ". 3.4 Mis-cellaneous items and accessories which are not spedfical!y mentio ned, but whic h are ess.emial rn produc e a complete and properly operating installatio n, or us.ab le structure, provi ding the ind icated functions , must be fum i5he<!, and installed without change in the C ontracr Price. Such miscellaneous it ems and acces sories must be of the same qu ality standards, in clud in g materi a l, style, finish, strength, class, weight. and oth er applicab le characteristics, as specified for the major component of wh ich t he misce ll aneous i em or accessory is an essenti.al part, and will be approved by CONSULT ANT before installation . T he above requiremen t is not intended co in clude major components nae cover ed by or infe rable from t he Drawings and Sp ecifications. 3.5 Th e Work of all trades u nder this C ontract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanshi p possi ble fo r he entire Project, and all componencs or the Work must be Installed o r e,-ected in accordance w it h the best practices of the particular trade. 3.6 CONTRACTOR w il l be r es ponsible for mak ing t he consf.r u e:c io n of hab itab le structures u nder this Contract rain proof, and for making equipment and uti lity ins rallations properl y perform the specified function. If CONTRACT OR ls prevented from complying with this prov ision du e to the Drawings or Sp ecificati ons, CONTRACTOR must immediately notify CONSULTANT in writing of such li mitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literatu re, when refer en ced, muse be daced, and nu mbered and is int ended to establish the minimum r equirements acceptable. Whenever r eference is given to codes, or standard specifications or other daca pub li sh ed by regulati ng agencies or accepted organizations, incl uding but not lim ited rn N ational Elecr.rical C ode, ap plicable State Bu ilding Code, Florida Buildlng Code, federal Spec ifi cati ons, ASTM .Spe cifications, var ious institute sp-ecifica cions , and the lik e, it wi ll be understood that such reference is co the lates t edition inclu ding adde nd a in effect on the date of the Bid. 3.8 Brand name-S, wher e us ed in the techni ca l s pecifications, are intended to denote the standard or quality required for the particula r material or product. T h e term "equa l" o r "eq uiva lent", when used in connection with brand names , w ill be interpr eted co mean a material or product that is similar an d equal in type. qua lr ty. size capacity, composition, finish , color and other applicab le characteristics to the material or pr oduct specified by crade nam e, and that is suit.ib le for the same use capabfe of performi ng the same function , in the opini on of CONSULTANT. as the materiaf o r product so spec ifi ed. Proposed e9uivalent 68 of 93 72 3.9 3.10 3.11 items must be approved by CONSUL TA T before they are pu r chased or incor porated in the Work. (When a brand name, catalog number, model numbe r . or other identificacio n, is us@d widiout the phrase ~or equal", CONTRACTOR must us e the brand, make and m o del specified). T h roughout this agreement the mal e pronou n may be substituted fo r female and neuter and vice versa and the singu lar words substituted fo r plural and plural words substituted for singular wherever app li cable. All techn ical interpretations will be made by CONSULTANT as set fort h in Section 9.3 below. CONTRACTOR muse advise CONSULT ANT, prio r to perlorming any work involving a conflict in the Contract Docu ments and CONSULTANT will make the fina l decision as co which of cne documents will take precedence. If there is a conAlct between or among che Contract Documents, only the latest version will apply and the latest version of the Contract Docum ents. CONSULTANT must use the following list of Contract Documents as a guide. These docu ments are sec forth below in the order of t heir precedence so that all the docum ents li sted above a given docume nt sh ould have p r ecedence over al l the docu ments fisted below it. (a) C ha nge Ord ers (b) Amendments/addenda to C om.race (c) Supp lementary Conditions, if any (d) Contract wi th all Ex hi bits thereto (e) G enera l Condit io ns (f) (g) (h) (i) G) W ri tten or figured dimensio n s Scaled dimensions Drawings of a larger scale Drawings of a smaller scale Drawings and Specifications are to be con sidered complementary to each other ARTICLE 4 -AVAILABJUTY OF LAN DS SUBSURFACE CONDITIONS BEfERENCE P OINTS hnilabilicy of La nds; 4.1 OWNER will furnish, as in dic ated in the Contraet Documents, the lands upon which the Work is to be done, r ights-of-way fo r access thereto, an d such other land s whi ch are designed for the use of CONTRACTOR. Easements for pe r ma nent structures or permanent changes ,n existing facilities will be obcained and paid for by OWNER, un less otherwise specified in the Contract Docu ments. Other access to such lands or r ignts-of-way for CONTRACTOR'S conven ie nce wi ll be ch e responsib ili ty of CONTRACTOR. CONTRACTOR. must provide for all additional lands and access thereto t hat may be required for t em porary construction faci li ties or storage of material and equipment. 4.2 The City Manager will, upon request, furn ish to the Bidders, copies of all availab le boundary su rveys and s ubs u rface tests at no cost. Subsudace Conditio ns; 4.3 CONTRA C T OR ac k nowledges t hat he has investigated prior to bidd ing an d satis fi ed himself as to the conditions affecting the Work, inc lud ing but not limited to those bear ing upon transportation, disposal , handling and storage of materials, ava.i lahility of labor, water, electric power, roads and unce r tainties of weather, ri ver stages , tides, wacer cab les or sim ilar p hys ical cond itions at the site, the conformation and conditions of the ground, the character of equ ipment and faci li ties needed preliminary to a nd during prosecution of the Work. CONTRACTOR furth er acknowle dg es that he has satis fie d hims e lf as to ch e e:haracter, qual ity and quantity of surface and subs u rface materi als or obst;icles co be encountered insofar as this information Is rea.sonab ly ascertainable from an inspection of the site, incl u ding a ll exploratory work done by OWNER/ CONSULT ANT on the site or any contiguous site, as well as from in formation presented by the Drawings an d Sp ecifications made part of this C ontract. o r any other informat io n made available to it prior to receipt of bids. Any failure by CONTRACTOR co acquaint itself with the ava il ab le information will noc reli eve ic fr om responsibilit y for estimating property the difficulty or cost of su ccessfully performing Wor k. OWNER assumes no r espo nsib ility for a ny conclusions or interpretations made by CONTRACTOR on the basis of the inform atio n made avai lable by OWNER/ CONSULTANT. Differin~ Site Conditions: 4.4 CONTRACT OR must with in forty-eight (48) h ours of its discovery, a.nd before such conditions are d isturbed, notify the Cicy Manager in writing. of: 4,4.1 Subsurface or latent ph ys ical conditions at the site d iffe r ing materia lly from those indicated in the C o ner-act Docu ments, and 69 of 93 73 4.4.2 Unknown physical con d itions at che site, of a n u n usual nature, differ ing materiall y fr om those ordinari ly encouncere<l and generally inherent in Worlc of the character provided for in this Con tract. The City Manager will promptly investigate the conditions, and if it fin ds that such condition s do materially d iffer to che extent as to cause an Increase or decrease in CONTRACTOR'S cost of, or t he time required for, performance of any part of the Worl< under th is C ontract, an equitable adjustment will be made am:! the Contract modified in w ri ting accord ingiy. 4.5 N o cl ai m of C O NTRACT OR under this dause will be allowed unless CONTRACTO R has given the notice re<Ju ired in 4.4 above; provi ded. howeve,r, the time prescribed therefore may be extended by the Cicy Manager, but only if don e in wridng signed by t h e C ity Manager or C O NS ULTANT. A RTIC L E 5 -INSURAN CE Contractor must comply with t he insurance requirements set forth in the Supp lementary C onditions to the Contract. A RT I CLE 6 -CONTRACTOR'S RESPO NS IBILIT IES SJJpery jsion an<l Super inreodence; 6 .1 CONTRACTO R must supervise and d irect the Worlc It will be sol~y responsible for che means, methods, tec h niques, 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 des ignated in writing by CO NTRACTOR, before CO N TRACTOR commences the Wor k and within the time required by che Contract, as C O NT RACTOR'S represen tative at the site. Th e Supervisor or the person des ignated will have full authority t o act on behalf of C O NTRACTOR and all communications given to the Super-viso r will be as binding as if given to CONTRACTOR. T h e Supervisor(s) wi ll always be present at each site as required to perform ade<Juate supervision and coor din ation of the Work. (Copies of written communicacions given to the Supervisor will be mai led to CONTRACTOR'S home office). 6. l. I CONTRACTOR must keep one record copy of all Specificati ons, Dr·aw ings. Addenda, Modifications a n d Shop Drawings at the site at all times and in good or der and annotaced to s how all changes made d uring the construction process. T hese must be ava il able co CONSULTANT and any OWNER Representative at al l reasonable times. A sec of "As-Buil t " drawings, as well as the origina l Specifica ti o n s, D rawings, A ddenda.. Modifications and Shop Drawings with annotations, will be made available to City Ma nager at all rimes and it muse be deli vered to the City Manager upon completion of the Project. Labor, Materials a.nd Equipment: 6.2 C ONTRACTOR must provide competent., suitably qualified personnel to fay out the Work and perform con struction as re<Ju ired by the Contract Documents. It must always maintain good discip line and order at the site. 6,3 CO NTRACTOR must furnish all materi als, equipmenc, labor, transportation, construction equipment and mach inery, tools, app liances, fuel, power, light. heat, local telephone, wacer and sanitary facilicies and all other facilities and inci dentals neces~-ary for the execution, cestlng, lnltlal operation, and completion of the Work. 6.4 All materials and equipment must be new, except as other.vise provided in the Contract Documents. When special makes or grades of mater ial which are normally packaged by che supplier or manufacturer are specified or approved, such materials muse be deliv e r ed to the site in their ori ginal packages o r containers w ith seals un broken and labels intact. 6.5 AJ I materials an<l equipment must be applied, installed , connected , e r ected, u sed, cleaned, and condition ed in accordance w ith che instr uctions of the applicable manufacturer, fabr icator, o r processors, except as otherwise p rovided in the Concracc Documents. Wo r k. Materials , EQuipment. Produces and SubstiwtiQm ; 6 .6 Materials, e<Julpment an d products incor porated in che Work must be approved fo r use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equi pment, or products, together wich such samples as may be necessary fo r them to determine their acceptabil ity and obcaln their approval , w ith in ninety (90) calendar days after award of Contract unless ocherwise stipulated in the Special Condf·tions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by CONSULTANT. 6.6. l Whenever a macer ;al. article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number. it is unders-wod that this is referenced fo r che 70 of 9 3 74 purpose o f defin ing the performance or other salient requirements and that ocher products of equal capacities, quality and functio n muse be considered. CONTRACTOR ma y recommend the substitution of a material, article., or pi ece of equipment or equal substance and fun ctio n for t hose referred to in the Con tract Documents by refe rence to brand nam e or catalog number, and if. in the opinion of CONSULTANT, such material, artlcle, or piece of equip me nt is of equal substance and function to that specified , CONSULTANT may approve its substitutio n and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitme w ill b@ made by CONTRACTOR wi thout a cha nge in the Contract Price o r the Contract Time. 6.6.2 No substitute may be ordered or installed w itho ut the written app r oval of CONSULTANT who will be t he judge of quality. 6.63 Delay caused by obtaining approvals for substi tute materials w ill not be considered justifia ble gro unds for an extension of co nstruction t ime. 6.6.4 Should any Wor k o materials, equ ipm e nt or produru not confo rm to r equ irements of th e Drawings and Specifications or become damaged d uri ng the progress of the Work. such Work o r mate rial s must be removed and replaced, together with any Work d isarranged by such alterations, at any cime 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 pu rc hased by CONTRACTOR or any Subcontractor that are subject co any chattel mortgage o r un de r a conditional saJe or ocher agreement by wh ich an interest is r etained by the Seller. CONTRACTOR. warrants that they ha ve good ti tle to all materlals and supp lies used by them in th e Work. 6 .6 .6 No n-conforming Wo r k: The City of South Miami may withhold acceptance of, or reject items which are found up on examination, not to meet the specifica cio n requiremencs or conform to the pl ans and draw ings. Upon w ritten nocifkac.ion of rejection, items must be removed or u ninstalled w ithin five (S) bus iness days by CONTRACTOR at his own expense and redelive red and/or rei nstall ed at his expense. Rejected goods left lo nger-than thirty (30 ) calendar days w ill be regarded as abandoned and OWNER. will have t he right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensa ti o n of any kl nd for said goods. Rejecti on for no n-co nfo rmance or fa ilure to meet deliv ery schedules may result in CONTRACTOR being fou nd in default. 6.6.7 In case or default by CONTRACTOR , the City of South Miam i may procure the article s or services from other sources and hold CONTRACT OR responsible for any excess costs occasioned or incurred thereby, 6.6 .B OWNER reserves the right, in t he eve nt CONTRACTOR ca n not provide an ltem(s) or service(s) In a tim ely manner as req ues ted, o obtain e good an d/o r services from other sources and deducting the cost from the Contract Price without vio lating the intent of the Contract. Concerni n~ Subconcracto rs: 6.7 CONTRACTOR may not em ploy any Subcontractor, against w ho m che City Manager or CONSULTANT may have reaso nable objecti on, no r will CONT RACTOR be requ ired co employ any Subcontractor who has been accepted by the C ity Manager and CONSU LTANT, un le ss CONSULTANT determines t ha t t here is good cause for doing so. 6.8 CONTRACTOR is fully respo ns ib le for all acts and omissions of its Subcontractors a nd of persons and organiza tio ns directly or ind irectly employed by it and of persons a nd organizations fo r w h ose acts any of them may be liab le to the same exte-nt that they are r esponsible for the aces and omissions of persons directly employed by t hem . No thing i n the Contract Documents ere-ate any contractual r elationsh ip between OWNER or CONSULT ANT and any Subcomracwr o r other person or organization having a direct contract with CONTRACTOR, nor may it create any obligatio n on the part o f OWNER. or CONSUL TANT to pay o r to see to payment of any su bcontractor or other person or o rganization, excep t as may o t h erwise be re<Ju ired by law , Clty Manager or CONSULT ANT may furn ish to any Subconc.ractor or other person or organization, to the extent practicable. e videnc@ of amounts paid to CONTRACTOR on account of specified Work done in acco r dance with the sched ul e values. 6 .9 The divi sio ns a nd sections o f the Sp ecifications and t h e iden tificatio ns of any Drawings does not contro l CONTRACTOR in divid ing t h e Work among Sub<:ont.ractors or delineating t h e Work performed by any specific trade. 6.10 CONTRACT OR agrees to blnd speci fica lly every Subcontractor to the applicable terms and conditions of the Contract Documencs for the benefit of OWNER. 71 of 93 75 6.1 r All Work performed for CONTRACTOR by a Subcontractor muse be pursuant co an appropriate agreement becween CONTRACTOR and the Subcontractor. 6. I 2 CONTRACTOR is responsible for the coordination of the trades, subcontractors, material, and men engaged upon their Work. 6.12.1 CONTRACTOR must insert in all subcontracts relative to che Work appropriate provisions co b ind Subcontractors to CONTRACTOR by the terms of the"5e General Conditions and other Contract Documents ins ofa r as applicable to the Work of Subcontractors and give CONTRACTOR the same power as regards to terminating any subcontract that C ity 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 d ifferences between CONTRACTOR and their Subcontractors or between Subcontractors. 6. l 2.3 If in the opinion of CONSULT ANT, any Subcontractor on the Prefect proves to be incompetent or ocherwise unsatisfactory, t h ey must be promptly replaced by CONTRACTOR when directed by CONSULT ANT in writing. 6.12A D iscrimination: 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 chat wou ld discrimi nate against ;iny person on the basis of race. color, creed, reli gion, nationaJ origin, sex_, age. sexual orientation, familial status, or disab ili ty. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Patent Fees and Royalties; 6 .1 3 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design. process, or device wh ich is the subject of patent righ t s or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULT ANT and anyone directly or in d ireccly employed by e ither of them from against a ll dalms, damages, losses. and expenses (i ncludi ng attorney's fees) arising out of any in fringement of such rights during or after the complet ion of the Wo k and must defend all such claims rn connection with any alleged infringement of such rights. 6, 14 CONTRACTOR is responsible for determining the app li cation of patem and/or royalcy rights as to any materials, appliances, artides, or systems prior to bidd ing. However, he is not responsible for such determination on systems which do not. in volve purchase by them o macerfals, appliances, and articles. Permits: 6.15 CONTRACTOR muse. secure and pay fo r all constru ction permits and licenses and must pay for all governmental charge.sand lnspec-tion fees necessary for che prosecution of the Work, which are applicab le at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions. there wHI be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtain ing such permits and licenses. CONTRACTOR must afso pay all public utili ty charges. Electrical Power and Ligh~ 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. Th is service must be in stall ed by a qualified @leccrica l Contractor approved by CONSULT ANT. Lighti ng must be provided by CONTRACTOR in al l spaces at all times where necessary for good and proper workmanship. for inspection o r for safecy. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Be~lations : 6.1 7 CONTRACTOR must comply with all n otices, laws, ordinances, rules, and regulations applicable co the Work. If CONT RACTOR observes chat the Specifications or D rawi ngs are at variance therewith, it must give CONSU LT ANT prompt written notice thereo f, and any necessary changes must be adjusted by an appropriate modifkacion. If CONTRACTOR performs any Work knowi ng it to be contrary to such laws, ordinances, rules, and regulations., and w ithout such n otice to CONSULTANT, it must bear all costs arisi ng there from ; however, it will not b-e its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules, and regulations. rnscriminacion: 6 .17 A No action may be taken by CONTRACTOR with regard to t h e fulfilmem of the terms of t he Contract. including t h e hiring and retention of empfoyees for the performance of Work that would discriminate against any person on the basis of race, color. creed, religion, national origin, sex, age, sexu-a.l o ri entation, familial Status, or d isability. 72 of 93 76 ~ 6.18 Cost of all app lica ble sales, consumer use. and other taxes for whic h CONTRACTOR is liabl e unde r t he Contract muse be included in the Conrracc Price seated by CONTRACTOR.. Safety and Prate< i 6.19 CONTRACTOR is respon sib le for initiating, maintai ning, and supervis ing all s.afety precau tions and programs in connection wlth the Work. Th e y muse take a ll necessary precautions for the safety of, and must provide the necessary protection to prevent damage, in ju ry, or loss to: 6.19.1 All employees and och~ persons., who may be aJfected thereby, 6.19 .2 Al l che Work and all materials or equipment co be inc or porated therein, wheth er in storage on or off the site, and 6.19.3 Other proper ty at the site or adjacent thereto, inclu ding crees , sh rubs, lawns, walks, pavements, roadways, structures, and utili ties not d esigna ted for removal, rel ocation, or replacement in the course of construction . 6.10 CONTRACTOR must designate a respon sible member of their organization at the site whose duty must be the pr evention of accidents, T his person m ust be CONTRACTOR'S Superi ntendent un less otherwise designated in writi ng by CONTRACTOR. to t he C ity Manager. Eme r l,!eoci es: 6.21 In emergencies affecting t he safety of persons or the Work or property ac t he site or adjacent thereto CONTRACTOR., without spe-c1al inwuctio n o r a uthori zation from CONSULTANT or City Manager, is obligated to act. at his discretion, to prevent threa tened damage, injury, or loss , He muse give CONSULT ANT prompt writte n notice of any .sign ificant changes in the Work or deviat ions from the Contract Docu ments caused thereby. If CONTRACTOR. believes that additiona l Work done by him in an e merge ncy which a.ose from causes beyon d his concrof e nc ttles him to an increase in the Contract Pri ce or an exte n sion of the Contract Time, he may make a cl aim therefore as provided in Article s l I an d 12. T he City Manager reserves the ri gh t, in the City Ma nager 's sole and absolute d iscreti on and when in che best interest of t he City, to suspend the work or services or c;1nce l chis contract in the event of an emergency that effects the C ity o f South Mia mi, its r es id ents or busi nesses and that has been declare d an emergency by the Govern or, Mayor of Mi ami-Dade Cou nty or by t he City Manage, pursuant to th e City Manager's Emergency Management powers set fo rth in Ch . 14 of t he C ity's Code of Ordin anc es. In such event, the CONTRACTOR. is on ly be entltJed to be pa id for t he reasonable value of the work perfo r med and any costs advanced that cannot be micigac.ed by CONTRACTOR. Sh.op Dr awia i:> and Samp le>: 6.22 A~er checking and verifying all fie ld meas urements, CONTRACTOR muse subm it co CONSULTANT for review , in accordance with the accepted schedule of shop draw fng submissi ons, six (6) copies (or at CONSULT ANT opti on , one reproducible copy) of all Shop D ra ·ngs, wh ic h m ust have been checked b y and scamped with the approval of CONT RACTOR. The Shop Drawing s muse be n umbered and identified as CONSULTANT may require. T he data shown on the Shop Drawings must be complete w ith respect to dimensions, design criter ia, materials of construction and the lik e to enable CONSULTANT to review the information w ithout any u nnecessary investigatro n. 6 .23 CONTRACTOR must also submit to CONSUL TANT for review, with such promptness as to cause no delay in Work. all samples r equ ired by the Contract Documents. All samples must have been checked by and stamped wi th the approval of CONTRACTOR., identi fied clearly as to material , manufacrurer, any pertine nt cac.alog numbers , and the use for whi c h intend ed. 6.24 At the t ime of each submissio n, CONT RACTOR. must n otify CONSULT ANT, in writi ng . of any deviations between the Sh op Drawings or samp les and the requirements of h e Contract Documents. 6 .2S CONSUL TANT must review with responsible promptne:Ss Shop Drawings and Samples , buc h is rev iew is only for conformance with e design concept of che Project and fo compliance w ith the information given in the Contract Documen ts . The review of a separate item as such w ill not in dicate review of the assembly in which the items functions. CONTRACTOR m ust make any corrections r eq ui red by CONSUL TANT and muse r ewrn the r e~u ir e-d nu mb er of corrected copies of Shop Dr awings and resubmft new samples until the review is sa tis fac~ory co CONSULTAN T. CONTRACTOR must notify CONSU L TANT, in w riting, o f any prior Sh op Drawing or r ev isions to Shop Drawing s that are in con flict with each submission or re-su bmissi o n. CONTRACTOR'S scamp of approva l on any Shop D rawin gs o r sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR h as eit her determi ned and/o r verifi ed all quantities , dimension, field construction criteria, materials, catalog numbers 73 of93 77 and similar data or they assume full responsibiliry for doing so, and that they have reviewed or coordinated each Shop D rawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Wo rk requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULT ANT. 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 ocher order required by CONSULTANT in writing, by CONTRACTOR ac the site and muse be available to CONSULTANT. 6.27 CONSULTANT's review of Shop Draw1ngs or s,amples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Docum ents unless CONTRACTOR has informed CONSULTANT, in writing, co each deviation at the time of submission and CONSU LT ANT 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 D rawings or samples. 6.27 A CONTRACTOR is liab le co OWNER for any additional cost or delay that is caused by its failure to notify CONSULT ANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop D rawings or samples. Clea nin2 Vp: 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work prngresses. Upon comptecion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR muse remove all his surplus and discarded materia ls., excavated material and rubb ish as well as al l other material and equipment chac does not form a part of the Work, from the property, roadways, sidewalks, parki ng areas, lawn, and all adjacent property. In addition. CONTRACTOR muse dean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necess.ary prior co its occupancy and he must restore all property, both public and private, which has bei?n dis curbed or damaged during the prosecution of the Work so as to leave the whole Work: and Work Site in a neat a.nd presentable condition. 6.29 If CONTRACTOR does noc clean t he Work site, OWNER may clean t h e Wor k Site of the materials referred to In paragraph 6.28 and charge the cost to CONTRACTOR. Pub lic Convenience and Safecy; 6 .30 CONTRACTOR muse, at all times. conduct the Work in such a manner as co ensure the least practicable obstruction co public trave1, The convenience of the general public and of the resid ents along and ad jacent co the area or Work mus e be provided for in a satisfactory manner, consistent with the operation and local conditions. ·street Closed" signs muse be placed immediately adjacent to the Wo.rk, in a conspicuous position, at such locations as craffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the Clty of South Miam i Police Department before the street is closed and again as soon a.sit is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. SaoiQCY Provisions: 6.31 CONTRACTOR must provide on-site office, and necessary toilet facilities, secluded from publ ic obser.ration, for use of all personnel on the Work Site. whet-her o r not in his employ. They must be kept in a clean and sanitary condition and must com ply with the requirements and regulations of the Publlc Auchorities having jurisdictio n. They may not commit~ public nu isance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises muse be left clean. lndemnificatio □: 6.32 Concrac:t0r must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditi ons (lnsurance and in demnificat ion requirements). 6.33 In the event that any action or proceeding is brought aga.1nst OWNER or CONSUL TANT by reason of any such claim or demand, CONTRACTOR.. upon written notice from the City Manager, must defend such aetion or proceeding by counsel satisfactory to the Ciry Man ager. The indemnification provided above obli gates CONTRACTOR to defond at its own expense or to provi de for such defense, ac 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 CONSUL TANT, exduding orily those claims that allege that e inj uries arose out of the sole negtigeoce of OWNER or CONSUL TANT. 74 of93 78 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the lia bi lity of CONSULTANT, its agents or employees arising o uc of (a) the preparation or approval of maps, drawi ngs, opinions, reports, surveys, C h a nge O r ders, designs, or specifications or (b) the giving of or the failure to give d irections or inscructions by CONSULT ANT, its agents or empfoyees provided s uch act or omission is the prlmary c.ause of injury or damage. 6.34A Al l of the forgo ing ind emnification provisions w ill survive the term of the Contract to which these Gen eral Con d itions are a part. Indemnification may n oc exceed an amount equa l co the total value of all ins urance coverage required by Section 5.1 of this document. lndemnificadon Is limited to damages cau1ed in whole or in part by any act, omission , or default of CONTRACT OR. CONTRACTOR..'s subconrractors, sub-subcontractors, materiaJmen, or agents of any tier or their respective employees to the extent caused by the negiigence, r ecklessness, or inc.encional wrongful misconduct of the indemnifying party and persons employed or uc ili:i:ed by the indemnifying party in the performance of the construction contract. Responsibilicy for Connection to Existini: Work: 6.35 C ONTRACTOR must connect its Work co each part of the exiscing Work. existing building or structure or Work previously insta lled as required by the Drawin gs and Specifi cations to provide a complet.e installat ion. 6 .36 Excavations, grading, fill, storm drainage. paving and any oth er construction or installations in rights-of- ways of screecs. highways, public carrier lin es, utility lines, either aerial, surf.ice or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsib le for obtaining all permits necessary for the Work describ.ed in thls paragraph 6.36. Upon completion oft.he Work, CONTRACTOR must present to CONSU LT ANT certificates, in triplicate, from t he proper authorities, stating that the Work has been done in acco rdance with their requirements. 6.36. I OW N ER will cooperate w ith CONTRACTOR in obt<1i nin g action from any utili ties or public authori ·es involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and ocher items which muse be established by governmental deparcmencs as soon as grading operations are begun on t h e site and, in any case, sufficJendy early in the construction period to prevent any adverse effect on the Pro ject. Cooperation with Govemmental Departmem:s. Public Utilities. Etc.: 6.37 CONTRACTO R is responsible fo r making al l necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereina~er refe,red to as "third parties") owning or cont;ro lling roadways, railways, water, sewer, gas, electrical conduits. telephone, and telegraph facllities such as pavements, tracks, p ipin g, wires, ca bles, conduits, poles, guys, etc., including incid ent.al structures connected therewith, that are e n countered in che Work in order that such items are properly s hored, supported and protected, that their location is Identified and to obtain authority from these third parties for relocation if CONTRACTOR desires t.o relocate the item. CONTRACTOR mus e give all proper nocices, must comply with al l requirements of such third pa r ties in the performance of his Work. must permit entrance of such third parries on the Project in order that they may perform their ne-cessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACT O R'S accention is called ro the fact that there may be delays on the Pro ject due to work to be done by governmental departments, public uti lities, and o t hers in r epairing or moving poles, conduits, etc. CONTRACT OR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possib le time. 6.37 .2 C ONTRACTOR must be fami liar w ith al l codes, laws. ordinances. and r egu lat.io ns which in any manner affect those engaged or employed in the Wor k, or macerials 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 CONT RAC T OR. must confine its apparatus, storage of mace r ia ls. and operations of its workmen co the limits indicated by law. ordinances, permits and direc ci o ns of CONSUL T ANT and City Manager, and may not unnecessaril y encumber any part of the site or a ny a r eas off site. 6.38 .1 CONTRACTOR may not overload or permi t any part of any structure to be loaded with such weight as will endanger ics safety, nor may it subject any work to stresses or pressures that wi ll e ndanger it. 6.38.2 CONTRACT OR muse enforce the rules and regu lation promu lgated by CONSULT ANT and OWNER as well as their instructions with regard to signs, advertisements, fires, and smoking. 75 of 93 79 6.38.3 CONTRACTOR must. arrange and cooperate with the C ity Manager in routing and parking of aucomobiles of its employees, subcontractors, and o t her pe r sonne l, as well as thac of the material delivery trucks and other veh icles t hat come to he Project srte. 6.38.4 T he City Manager will designate specific areas on the site for storage, parking, e tc. and the [o b site must b-e fenced to protect the job site and the general public, 6.38.5 CONTRACTOR must furnish, install, and ma inrain adequate consm,iccion office facilities for al l workers em pl oyed by it or by its Sub contractors. Temporary offices must be provided and located where directed and approved by CONSU LTANT. All such facilities must be furnished in strict accordance with existing governing regulatio ns . Fie ld offices must include telephone facilities. Protection of Existinz PcQperty lmprovemenc.s: ~.38 Any existing surface or subsurfac e improvements, such as pavements, curbs, sidewalks. pipes or uc.ilicies, footings, or strucrures (including portions thereof), trees an d shr ubb ery, not in dicated on the Drawings or no t ed in the Spec ifi cations as be ing removed or altered must be pr otected from damage d uring constru ction of the Project. Any suc h improvemenu damaged duri ng construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that exlsting at the time of award of Contract. ARTICLE 7 -WORK BY OTHERS. 7.1 OWNER may perform addi · anal Work related to th@ Project or may let ocher direct contracts therefor whic h must contain G e neral C o nditions simila r to these. CONT RACTOR m ust affor d t he other contractors who are parties to such direct contracts (or OWNER, if rt is performing the additio nal Work itseff), reasonable opportunity for the in troduetion and storage of ma terials an d equ ipment and the execution of Work and must properly connect and coordinate Its Work with the irs. 7,2 If any pan: of CONTRACTOR'S Worlc depends upon proper execution o r results of th e Work of any other contractor or OWNER , CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficie ncies in such Work that render it unsuitable for CONTRACTOR's Work. 7.3 CONTRACT OR must do all cutti ng, fitting, and patching of che Work that may be required to make its several par~ come together properly and fit to receive o r be received by such other Work CONTRACTOR may not e nda nger any W ork of others by cutting. excavating, or otherwise altering their Work and may only cut or alter their Worlc with the written conseoc of CONSULTANT and of t he other contractor whose wor k will be affected. 7.4 If the perfonnance of addition al Work by ocher contractors or OWN ER is not noted in the Contract Documents prior to the e)(ecution of the C ontrac writte n n otice thereof will be given to CONTRACTOR prior to starting any such additionaJ Work. If CONTRACT OR bel ieves that the performance of such additional Work by OWNER or others will cause CONTRACTOR add iti onal expense or e ntides 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 bui ld around the wor k of other separate contractors o r must leave chases, slots and holes as required co receive and co conceal within the general construction Worl< the work of such other separate contractors as di r e cted by them. Where such ch ases, slots, etc., are impracticable., the Work will l"e9uire sp-eciflc approval of CONSULT ANT. 7.6 Necessary chases, slots, an d holes not bui lt or left by CONTRACTOR m ust be cut by the separate contractor requiring such alterations after approval or CONTRACTOR. CONTRACTOR must do a ll patching and finishing of the work of other contractors where it is cue by them and such patching and finis hin g will be at t he expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and In t he detailed execution of the Work. Each contractor muse coordinate t heir operation with those of die other Contracto rs fo r the best interest of t.he W ork in o rder to prevent delay in the execution thereof. 7.8 Each of several contractars working o n the Project Site must keep themselves in formed of the progress of the work of other contractors. Sh o u ld lack of progress or defective workmanship on the part of other contractors interfere w ith CONTRACTOR's operations, CON TRACTOR must notify CONSU LTANT lm mediate1y and in writing . Lack of such not.ice to CONSUL TANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being sac isfac co ry for proper coordination of CONTRACTOR's own W ork. 7.9 The cost of extra Wo rk resulting from lack of nocice, un t im e ly notice, fa ilu re to respond to notice, Defective Work or lack of coordi nation will be CONTRACTOR's cosL 76 of93 80 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) o r serv ice (s) in a t imely manner as requested, to obtain the good and/or services from other sources a_nd deducting the cost from t he Contract Price wrthou t violating the intent of the Contract. ART ICLE 8-CITY 'S RES PONS IB ILIT IES, 8.1 The City Ma nager wil l iss ue all communications to CONTRACTOR t h rough CONSULT ANT. 8.2 In cases of termination of em ployment of CONSULT ANT, the City Manager w ill appoint a C O NSULT ANT whose status under the Contract Documents will be c:hac 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 provid in g lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER. will have t h e right to take possess ion of and use any completed or partially completed portions of the Work. notwichsr.anding the fact that the t ime for completing the entire Work or any portion thereof may not have exp ired ; but such caking possess ion and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTIC LE 9-CONSULTANTS' STATU S DURING CONSTRUCTION. Qcy's B,epreseotative; 9.1 CONSULT ANT 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 sec forth in Artldes I through 16 of these General Conditions and will not be extended without written consent of the C ity Manager and CONSUL TANT. 9.1.1 CONSULTANT's decision , in matters relatin g to aesthetics, will be fina l. if with in the terms of the Contract Documents. 9.1 .2 Except as may be otherwise provided In th ls contract, all claims, co untercl aim s, 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 juri sdiction within the Seate of Fl orida. Visits to Site : 9.2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of construct.ion to obser.1e the progress and quality of the executed Work and to determine if the Work ls proceeding ln accordance w ith the Contract Documents. H is efforts must be directed coward providing assurance for OWNER and all applicable regu latory agencies that construetlon is ln compliance w ith the Construction Documents and app licable laws , rules , and regu latlons. On the basis of these on sic e- observations as an experienced and qualified design professional, he must keep the City Manage r informed o f the progress of the Work and must guard OWNER against defects and deficie nci es in the Work of CONTRACTOR. Cla r ifica,t ioos and Interpretations: 9.3 CON SULT ANT 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 wi ll be consistent with, or reasonably inferable from , the overall intent of t.he Contract Documents. If C O NTRACTOR seeks an inc rease in the Contract Price or extension of Contract Time based on a written clarification and/or in terpretation, it will be requ ired to subm it a timely cla im as provided in Articles 11 and 12. Meas urement o1 Q ua ntities: 9 .4 Al l Work completed under t he Contract will be measured by C O NSULTANT according to the Un ited States Standar d Meas ures. All linear suriace measurements will be made ho ri2 o ncally or vertical ly as required by the item measured. Re jectin g Defective Woc k: 9.5 CONSULTANT will have authority to disapprove or re ject Work tha is •oefective Work" as defined ln Article I . It will also have authority to req uire special inspection or testing of the Work in cluding Work fabricated on or off slce, install ed or completed as provided. If CONSU L TANT requires testing of comple ed Wor-k. the cost of such inspectio ns and/or testing muse be app r oved in writing by the City Manager. All consequential cost of such inspections and testing, lncludlng but not lim ited co the cost of testi ng a.nd inspection, the cost of repairing any of the Work. or the wo r k of others, the cost to move 77 of 93 81 furniwre and equipment and/or the cost to provide alternative facilities until t he repair work can be completed, must pa id by CONTRACTOR if the Work is found to be Defective-Work. Shop Drawioi:s, Chao~ Orders and Payments : 9.6 In connection with CONSUL TANT responsibility as co Shop Drawings and samples, see paragraphs 6.25 t h rough 6.28. inclus ive. 9.7 In conne«lon with CONSUL TANT's responsibility for C hange Orders see Articles 10, I 1, and 12. 9.8 In conneuion with CONSUL TANT responsibi lities with respect to the Application for Payment. etc., see Article 14. Decisions on Dis_a~e emems; 9 .10 CONSULT ANT will be the initial incerprecer of the Construction Documents. Limitations on Consu ltant's R,espon>ib ili ties: 9.11 CONSULT ANT will nor be responsible for the conscruction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident ther eto. 9.12 CONSULT ANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, serva nts or employees, or any other person performi ng any of the Work und@r or through them, ARTl<;LE IQ -CHANGES IN THE WORK, I 0 .1 Without invalidating the Contract, the C ity Manager may, at any t ime or from time to time, order additions, deletio ns, or revisions in or to the Work whic h will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must prorned with the Work involved. All suc h Work must be performed under the applicable conditions o( the Contract Documents. If any authorized wrrtten Change Order causes an increase or decrease in the Contract Price o r an extension o r sho.rtening o.f the Contract Time, an equitable adjustment wi ll be made as provided in Article 11 or Arti cle 12. A written Change O rder signed by che City Manager and CONTRACT OR indicates their agreement to the terms of the Change Order. Al l Change Orders muse be certifie d by CONSULTANT as to the appropriateness and value of che change in the Wor k as well as to any change i n the time to complete the Work under the circumstances. The fa il ure to in clude a ti me extension in the C hange Order or in the request for a change order w ill result in a waiver of any extension of time due to the change in t he work as r eAected in c:he Change O rder. I 0.2 CONSUL TANT may authorize minor changes or a lterations in t he Work not involving extra cost and not inconsistent with the overall ince.nt of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not re<Juest add itionaJ time or additional compenS,1tlon . These may be accomplished by a w r itten Fie ld Orde r. If CONTRACTOR beli eves that any change or alteration authorized by CONSULTANT's Fie ld Order would entitles CONTRACTOR to an increase in the Concnct 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 fo r Change Order within four (4) days thereafte r, otherwise CONTRACTOR will be deemed to have waived such claim. I 0 .3 Additional Wor k perfor med by CONTRACTOR without authorization of a written Change O r der w ill not entitle it to an increase in che Con tract Price or an extension of the Contract 1me, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph I 0.2. I OA The City Manager will execute approp riate Change Orders prepared by CONSULT ANT covering changes in the Work, to be p-erformed as provided in paragraph 4.4 , and Work performed in an emergency as provided in p;sr.-gr-aph 6.21 and any other claim of CONTRACTOR for a change in the Concracc Time o r the Contract Price which is approved by CONSULT ANT. 10 .5 k is CONTRACTOR'S responsibil ity to notify it-S 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 appli cable bonds will be adjusted accordingly . CONTRACTOR. must furnish pr oof of such an adjuscm@nt to the City Manager before commencement of the Change Order Work. The Work will be stopped u nti l CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE I I -CHANGE OF CONTRACT PBI~~ 78 of 93 82 11.1 The Contract Prke constirutes cl1e total compensation payable to CONTRACTOR for Performing the Work. All dut-ies, responsibilities and obligations as.signed to or undertaken by CONTRACTOR wil l be at irs expense without changing the Contract Price. I I .2 The City Manager may, at any tim~. without writte n notice to the sureties, by written order designated or ind icated to be a Change Order, make any change ln the Work within the general scope o( the Contract. including but not limited to changes to or in: 11.2.1 Specificatio ns (including drawings and designs); 11 .2.2 Method or manner of performance of the Work 11.2.3 OWNER..furnished fac.ilitiC-$, equipment, materials, services. or site; or I 1.2.4 Accelera tion in the performance of the Work. 11.3 Except as provided in chis section, or sectlons referred co in chis section, no order, statement, or conduce of the City Manager will be treated a.s a Change Order or entide CONTRACTOR wan equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written C hange O r der, or as otherwise provided in another s.ection of the Contract Documents. 11 .-4 When a C hange Order is issued by CONSULT ANT and signed by the City Manager or iss ued by the C ity Manage r in writlng. CONTRACTOR muse perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change O rder auses an increase or decrease in CONTRACTOR'S cost of, or the time requ ired fo r , the performance of any part of the Work under this. Contract, for which the C ity Manager and CONTRACTOR cannot reach a ·mely agreement, an equitable ad justment based on che cosc of che Work will be made and the Contract modified accordingly. I 1.5 If CONTRACTOR intends. to assert a claim for an equitab le adjustment or contest the equitable adjustment made by CONSUL TANT, it must, within cen ( I 0) calendar days after receipt of a written Change Order, submit to che City Manager and CONSULT ANT a written notice including a statement settin g forth the general nature and monetary extent of such cla im for equitable adjustment. time extension requesced and supporting data.. In determining the cost of the Change Order, the costs will be limited to chose listed In section I 1.7 and I I .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 asserte<l after final payment under this Contract. I 1.7 The value of any Work covered by a Change Order or of a ny claim for an increase or decrease ln the Contract Price will be determined in one of the following ways: 11.7.1 By negotiated lu mp sum. 11.7.2 On che bas is of the reasonab le cost and savings that results from e,he change in the Work plus a mutually agreed upon fee to CONTRACTOR co cover overhead and profit not to exceed I 5%. If CONTRACTOR disagrees with CONSULTANT's determination of reasonable coses, the CONTRACT mu st provide a li st of all com 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 C ha nge Order. Except as otherwise may be agreed to in writing by C ity Manager , such costs must be in amounts no higher tha.n those prevailing in Miami- Dade County and may on ly in clude the following items: 11.8.1 Payroll costs for employees in the dirnct employ of CONTRACTOR in the performance of the Work descri bed in the C hange Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR.. Payroll costs for employees not employed full time on the Work muse be apportioned on the basls of thei r time spent on the Work. Payroll costs must be timited to salaries and wages, plus the costs of fringe benefits whic h may include soc ial security contributions. unemployment, excise and payroll taxes, workers.' compensation, health and retirement benefits, sick leave, vacatio n, and holiday pay appl icable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holi days will be in cluded in the above o nly if authorized by OWNER and provided it was not In any way, whether in w1'ote or in part the result of the fault of CONTRACTOR due to negligence or CONTRACTOR or thos.e acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 1 1.8 .2 Cos.c of all materials and equipment furn ished a d lnc orporated in the Work, in.eludi ng costs of transporration and storage, and manufacwrers' fie ld services required in connection therewith. CONTRACTOR muse notify the C ity Manager of all cash discounts that are availab le and offer OWNER the opportunity to deposit funds with CONTRACTOR for t he payment for items that offer a discount. Cash discounts will accrue co CONTRACTOR un less CONTRACTOR fails to timely notify the C ity Manage r of the discounts or if OWNER, deposits funds with CONTRACTOR with wh ich to make payments in which cases the cash discounts will accrue to OWNER_ All trade dlscounts, rebates and refunds , and all returns from sale of surplus 79 of 93 83 materia ls and equipment wi ll accrue to OWNER, an d CONTRACTOR must mak@ provisions so that they may b.«:! obtained. I l .8.3 Payments made by CONTRACTOR to the Subconcractors fo r Worl< performed by Subcontractors. lf required by Cicy Ma nager, CONTRACTOR must obtain competit.ive bids from Subcontractors acceptable to him and musL deliver such bids to City Manager who will then determine. wit:h the advice of CONSULT ANT, which Bids will be accepted. No subconcracc may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be p.-id on th e basis of Cost of Worlc plm a fee, the cost of the Work will be determinf?d in accordance this section l 1.8 and in such case the word "Subconcractor " wi ll be substituted for the word "CONTRACTOR". 11 .8.4 Rentals of all construction equipment and mach inery, except hand tools, and the pa r ts ther eof whether rented from CONTRACTOR or others in accor dance with rental agreements approved by City Manager with the advice of CONSUL TANT. and the com of transportation, loading, unload ing, installation, dis mantling and removal there-0f -all in acco r dance with tenm of said rental agreements. The rental of any such equipment. machinery or parts must cease when the use thereof is n o longer necessary for the Work. I 1.8 .5 Sales, use or sim il ar caxes related to the Work, and for which CONTRACTOR. is liable, imposed by any governmental au thority. 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 uti li ties, fuel. and sanitary fac ili ties at the sit.e . 11.8.8 Mino r expenses such as tdegrams, long distance telephone ca ll s, celep ho ne service at the site, expressage, and simi lar petty ash items in co n nection with the Work. I 1.8.9 Cost of premiums for additional Bonds and insurance required sole ly because of changes in the Work , not co exceed two percent (2%) of the increase in t he Cost of the Work. 11.9 The term "Cost of the Work" does NOT include any of the follow ing : 11.9 .1 Payroll costs an d oche r compensation of CONTRACTOR'S office r s, executives. p ri ncipals {of partnership and sole proprietor ships). general managers, engi neers, archi tects, estimato r s. lawyers. a.gents , expediter s, timekeepers, clerks, and other personn el employed by CONTRACTOR wh ether at the site or in its p rincipa l or a branch office fo r general adm i nistra ti on of the Worl< and not specifically in cluded in the schedule refe r red t o in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S pri ncipal and branch offices other than its office at the site. 11.9 .3 Any part of CONTRACTOR'S capital expenses, includ ing i nterest on CONTRACTOR'S cap ital employed for the Work and char g@s against CONTRACTOR for del inquent payments . 11.9.4 Cost of premiums for all bonds and fo r all insurance pollcles whether or noc CONTRACTOR is requi r ed by the Contract Dornmen ts co purchase and maintain the same (except as otherwise provided in Subparagraph I 1.8.9). 11.9.5 Costs due to the negli gence of CONTRACTOR. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acc.s any of them may be li able, includlng but not limited to, che correction of defective work, disposal of materials or equipment wrongly suppli ed and making good any damage to property. 11.9 .6 Other overhead o r general expense costs of any kind and the costs of any item nol specifi cal ly and expressly included in Paragraph 11.8 . 11.10 CONT"ACTOR.'S fee which wi ll be allowed to CONTRACTOR. for its overhead and pr ofit wil l be determined as follows : 11 .10 .1 A mutu all y acceptable firm fixed price: o r if none cart be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). I 1.1 I The amount of credit to be allowed by CONTRACTOR to OWNER fo r any such change whic h results in a net decrease in cost will be the amount of the actual net decrease In costs calcu lated in the same manner as provided in I I .8. W h e n both add itions and credits are invo lved in any one change. the net will be computed to [nclude overhead and profit. identified separately, for both add itions and cred it, provided howeve r , CONTRACTOR will not be entitled to claim lose profits fo r any Work not perform~d. ABTICLE 12 -T IME FOR COMPLETION, LIOUIPATEP DAMAGES AND CHANGE OF THE CONTRACT TIME. 12. I Time is of the essence co c.h is contract and the date of beginning and the time for completion of the Work are essential conditions of t he Contract. Therefo r e, the Work must be commenced on the date specified in the Noti ce to Proceed and completed within the ti me specified fo r completion of the work. 80 of 93 84 12.2 CONTRACTOR must proceed with the Work at such race of progress to ensure full comptetion within the Contracc Time. It is expressly understood and agreed, by and between CONTRACTOR and C ity Manager, that e Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic a.nd economic cond itions and other factors prevailing in t he local ity of the Work. No exte.nsion of time will be gra.nced due cond itions thac CONTRACTOR knew of or should have known of before bidding on the project or due to Inclement weather, except as provid@d in s@ct io n 12 .7. 123 If CONTRACTOR fails to complete the Work with in the Conc.ract 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 pen al ties but are liquidated damages incurred by OWNER for its inab ility to obtain fu ll use of the Project. Liqu idated damages are hereby fixed and agreed upon between t he parties, recognizing the imposs ibility of precisely ascertain ing the amou nt of da mages chat wi ll be sustained as a consequence of such delay, and both parties desiring to obviate any question or d ispute concerning the amount of said damages and the cost and effocc or the failure of CONTRACTOR to complete the Contract on time. The above-stated li qu idated dama_ges will appfy s.eparacely co each phase of the Pro ject for which a time fo r completion is give n. 12.3.2 City Man ager is authorized r.o deduct the liquidated damages from mon ies due to CONTRACTOR for the Work under this Contraet. 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 notlce delivered to the City Manager and CONSULT ANT within five (5) business days of the occurrence of the event giv ing rise to the claim and seating the general na ture of the claim including supporting data. All claims for adjustment in the Concracc Time wi ll be evaluated and recommended by CONSULT ANT, w ith final approval by the City Manager. Any change in the Contract Time resulting from any such cl aim must be incorporated in a written Change Order. 12 .5 Al l time Ii mies seated in the Contract Documen ts are of the essence of the Concr.ict. 12.6 No da mage claim for de lay is all owed and CONTRACTOR's sole remedy for delay caused by OWNER w ill be an e'><tOOs ion of time for the period of delay. 12.7 Extens ions to the Contract Time for delays caused by the effects of in cle m e nt weather will not be granted un less the weather was unusual for South Flo ri da and could not have been anticipated, the abnormal weacher is documented by recor ds from the nationa l weather service and the ab no r mal weather is documented co have had a substantial affected on the co nstruction sc hed ule. 12.8 No Damages for Delay: CONTRACTOR agrees chat he will noc have any claim for damages due to delay un less t he delay exceeds 6 months, whether in dividua ll y or cumul a ·vely , and then the damages will be limited to increased cost of materials that wer e unancic ipac.ed and that would not have been incu r red but for the delay. Other than as set forth above, the only remedy for any delay will be lim ited to an extension of time a.s provided for in Sect1on 12.4 which wil l be the sole and excl usive remedy for such res ul ting delay. Other a n as set forth above, CONTRACTOR w ill not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, in direct, consequential, impaet or other costs, expenses or damages, including but not limited co, costs of acceleration or inefficiency , overhead or lost profits, ar ising because of de lay, disruption, Interference or hindrance from any cause whatsoever, whether such delay, d isruption , interference o r hindrance be reasonable or unreasonable, foreseeable or unforeseeable, o r avo idable or unavoidab le. 12 .9 CONTRACTOR waives all cl aims that are not pr esented to C ity Manage r in wri ting on or before the 21st day fol low ing the date of the event upon which the claim is based . 12.10 Dispute Resolution: If any dispute concerning a question of face ari ses under the Contract, other tha n termination for default or conven ience, CONTRACTOR. and the city department responsible for t he ad mi nistratio n of the Contract will make a good faith effort co resolve the dispute. If the disp ute cannot be resolved by agreement, then the department with the adv ice of the City Atto rn ey and CONSUL TANT will ru le on the disputed issue and send a written copy of its dec ision to CONTRACTOR. CONTRACTOR must comply w ith such dec ision and may not delay the project. 13.1 CONTRACTOR. guarantees and unconditionall y warrants through either the manufacturer or CONTRACTOR direcciy, all materials and equipment furnished and Work performed for patent Defective Work for a pe ri od of one (I) year from the dace of Final Acceptance as indicated in CONSULT ANT Letter of Recommendation of Acceptance, if issued , t he Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Ma.nag-er , whichever is applicab le and if more than one is app li cable, the one 81 of 93 85 lha l is i!>sued lase, for patent Defective Work.. CONTRACT OR guarantees and uncondicionalty warrants through either the manufacturer or CONTRACTOR. directly, all materiaJs and equip ment furnished and Wor k performed for three (3) years from the dac.e of Fin al Acceptance as in dicated in CONSULT ANT Letter of Recommendation of Acceptance, rf issued, the Certificate of Occupancy. if issued, or the Certificate of Comp leti•on, if issued by City Manager, whichever is app lic able and if more than one is appficable, the one that is issued last, for latent Defective Work. The C ity Manager will give notice of observed defeets with reasonable promptness. In che event that CONTRACTOR should fail to commence to cor rect such Defective Work within ten ( I 0) calendar days after having received written notice of t h e de(ect, or should CONTRACTOR commence the corrective work. bul fai l to prosecute che corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulacions, c:he C ity Manager may declare an event of default, terminate the Concract in whole or in part and ca use the Defective Work co be removed or corrected and co complete the Wo r k at CONTRACTOR's expense, and c:he City Manager will charge CONTRACTOR the cost thereby incurred. T he 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 muse act as agent, on a limited bas is for OWNER, ac the City Mana,ge r's option, solely for t he follow-up concerning warranty compliance for all items under manufacturer's W a ranty/Guarantee and for the purpose of completing all forms for Warranty/Guarancee coverage under this Concracc. 13.4 In case of defauJt by CONTRACTOR, the C ity of Sou th Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any exc1m cmcs occasioned or in curred thereby. 13 .5 The City Manager may withhotd acceptance of, or reject items which are fo un d u pon examination, not to meet the specification requlrements. Upon written notification of rejection, items must be removed w ithi n five (S) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left lo nger than thirty (30) calendar days will be regarded as abandoned and Cicy Manager will have che right to dispo se of them as Its own property and CONTRACTOR thereby waives any claim co the good or to compensation of any kind. Re jection for Non-Conforming Work or fa ilu re to mee:c delivery schedules may result in the Contract being found in defa ult. 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 muse be instaUed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondemlcomraccor, Respondenc/Concractor must as.sign it co the C ity. ART I CLE 14 -PAYMENTS AND COMPLET I ON. Parroems to Concraetor 14.1 CONTRACTOR will n ot be entitled to any money for any work performed before the iss uance of a Nocrce to Proceed on the form described in the Contract Documents and the issuance by City Manager of a "purchase order", or any ocher document, does not and wm not authorize the commencement of the Work. At least ten ( I 0) calendar days before each progress payment falls due (but not more o~en than once a month), CONTRACTOR must submit to CONSULTANT a partial payment e.stimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by t he partial payment escimate and supported by such data as CONSULTANT may reasonably require. Al l progress payment applications a~er t he first progress payment must be accompanied by partial releases of lien executed by all persons, firms and corporations who have furn ished la bor, services or materials incorporated into the work during the peri od of t lme for whlch the previous progress payment was made, releasl1'g such claims and lien rights, if any, of those persons. If payment is requested o n the bas is of materials and equipment not incorporated in the Work but deliver ed and suitably stored at or near site, the partial paym ent estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWN ER's title to the material and equipment as well as certificates of insurance providing coverage for I 00% of the value of said material and equipment covering the material and equipment from all casualties as well as theft. vandali sm, fire and fiood. CONTRACTOR must replace a~ its expense any scored materials pa id for which are either damaged or stolen before installation . CONSULT ANT will within teo ( I 0 ) calendar days after receipt of each partiaJ paymem estimate, either certifying in wricing its app~oval of payment and preseot the partial payment estimate to the C ity Manager, or return the partial payment estimate to CONTRACTOR, indicating in writin g his 82 of 93 86 reasons for refusing to approve payment. In the latter case, CONTRACT OR may make the necessary corrections and resubmit the partial payment estimate. OWNER.. w111 with in thirry (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on t he basis of che approved partial payment estimate. City Manager may retain five {5%) percent of the amount of each payment u ntil Fin al 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 C O NTRACTOR, before it receives final payment, must del1ver to the City Manager a Contractor 's Final Payme nt Affidavit as set forth in the Florida Consrruction Lien Stawte as well as final releases of lien executed by all persons who have performed or furnished lab or, service,s, or materials, directly or indirectly, which was incorporated into che Work If any person refuses to provide such a release or provides a conditional re lease. t he C ity Manager will have the right to issue a joint check made payab le to CONTRACTOR and such person . 14.3 Punch list C ity Manager and CONTRACTOR will develop a single list of items required to render complete. satisfactory, and accept.ab le the construction services purchased by the local governmental entity. W ithin 30 cale ndar days after reaching substantial completion of the Project, City Manager w il l prepare a pu nch 11st of items cha t need to be completed and, within 5 days after the list of items has been develope<l and reviewed, the City Manager will deliver the punch li st to CONTRACTOR. If the Project relates to more than one buildin g or structure, or involve s a multiphase project. the C ity Manager wi ll pr epare a separate pu n ch lis t for each building and structure and if it is a multiphase projecc, for each phase, within 30 days of substantial completion of such build ing, structure, and phase. [See Sec.. 255.07, Fla .. Stac.] The fina l contract completion date may not be less than 30 days after the del ivery of the list of items. If the li st ls not timely delivered to CONTRACTOR, the contract time fo r completion must be extended by the number of days OWNER exceeded the required delivery date. Concracoor's Warrancy of Title. 14.3 CONTRACTOR warrants and guarantees that title to all Work, material s and eq uipment covered by an Applicat ion for Payment whether the Work, material or equipment is incorporated in che Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and dear or all liens, claims, security interest and encumbr,1.nces (her eafter in chese General Conditions referred to as "Li ens"); and t hat no Work. materials or equipment, covered by an Application for Payment. will have been acquired by CONTR.ACTOR or by any other person performin g the Work at the site or furnishing materials and equipmenc for che Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon ,s retained by the se11er or otherwise Imposed by CONTRACTOR or such other person. Approval of Payment 14.4 CONSU LT ANT's approval of any payment requested in an Applica tion for Payment wi ll constitute a rt:iJ r esentation by him to OWNER, based on CONSULT ANT's oo site observations of the Work in progress as an experience<! profess ional and on his review of the Appl ication for Payment and supporting data. t hat the Work has progressed to the point indicated in the Applkat1on for Payment.; that, to the best his k nowledge. information and belief, the quality of the Work Is in accordance with the Con cracc Docu me nr.s (subject to an eva lu ation of the Work as a functioning Project upon substantial completion as defined in Artie.le I, to the results of any subsequent tests cal led for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is e titled to payment of the amounc approved. However. the approval of such payment does not mean and may not imply that CONS ULT ANT made exhaustive or continuous o.n-site observations to check the quality or the quantity of the Work. or thac he has reviewed the means, methods, rechniques , seq uen ces and procedu res of construction or chat he has made any examination co ascertain how or fo r what pu r pose CONTRACTOR. has used the moneys paid or to be paid to him, or that title co any Work. materials. or eq u ipment h as passed to OWN ER free and dear of any li ens. 14.5 CONTRACTOR will not be entitled to be paid un less: (a) the labor and materials listed on a payment application have been used in che cons truction of this Wor k or. as to materials included in the request for payment that have not yet been Incorporated into t e construction, such macerials are on the site or sto ed at an appr oved locac lon, and (b) payment received from the lase payment application has been used to fully pay for al l the laborers, subcontract0rs and materials reflected in that request, other than amounts that are in dispute and that are listed in che payment application with reasonable clarity as to the reason (or withholding payment with 83 of 93 87 the name, addresses and telephone nu mber 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 t he event that CONTRACTOR withholds payment from a Subcontractor or Supp lier, the same amount of money will be withheld fro m CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check wi ll be made payable to the person in question and CONTRACTOR in accordance with the settlement agreeme nt, otherwise the money will be held by OWNER until a judgment ls entru-ed 1n favor of CONTRACTOR or the person, 1n which case the money will be paid acco rding with s-a id judgment. Nothing contained herein will indicate an intent to benefit any thi rd persons who are not signatories to the Contract. 14.6 CONSULT ANT 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 cescs to such extent as may be necessary in its opin io n to protect OWNER from loss because: 14 .6. I of Defective Work, or completed Work has been damaged req uiri ng correction or replacement. 14 .6.2 the Work for whic h payment is requested cannoc be verified, 14.6.3 claims of Liens have been flied or received, or there rs reasonable evidence ind icating 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. l 4.6.6 of unsatisfactory prose<utio n of the Work, including failure to clean up as required by paragraphs 6.2 9 and 6.30, 14 .6.7 of persistent failure to cooperate with other contractors on t he Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liq uida ted damages payable by CONTRACTOR.. or 14 .6.9 of any oche r violation of, or failure co comply with provisions of the Contract Documents . I 4.7 Prior to Final Acceptance, City Manager, wit-h the appronl of CONSULT ANT, may use any completed or subscantially 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 Managei-has the righ t to enc.er the premises where the Work is being performed for che purpose of do ing Work not covered by the Contract Documents. T his provision may not be construed as relieving CONTRACTOR of the sole responsibilrty or the care and protec ·on of the Work. or the restoration of any damaged Wo rk except such as may be caused by agents or emp loyees of OWNER. 14.9 Upon completion and acceptance of the Work CONSUL TANT will issue a Certificate ac.uched to the FinaJ Applicatio n for Payment that the Work has been acce pted by it under the conditions of the Contract Docum~nts. The enc.ire ba lance found to be due CONTRACTOR, including the retained percentages, but except s uch sums as may be lawfully retained by OWNER, will be paid co 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 ePayable.s Vendor with OWNER. The Bank or America ePayables Solutio n is an automated card payme nt process that shifts accounts payable disbursements to corporate purchasing ca r ds . ePayables, streamline the process of making payments to your organization go ing forwa rd, City Manager will provide CONTRACTOR with a credit card account numb er to keep on file . This card has unique security features, with $0 of availab le funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an e lectronic remittance advice will be sent via e-mail, or fax, which not ifies CONTRACTOR chat t:he funds have been transferred into the account linked to the card for the amount listed on the invoice and/or remittance emai l. Please refer co 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 Paymenc as Re lease 14.11 The Acceptance by CONTRACTOR. of Final Payment will be and will operate as a rele.1Se to OWNER and a waiver of all claims and all liability to CONTRACTOR other an dalms previously filed and unresolved. The waiver includes al l things do ne or furnish ed in connection with the Wor k and for every ace and neglect of OWNER and others relating co or arising out of this Work. Any payme nt, however, 84 of 93 88 final, o r otherwise, will not release CONTRACTO R or its sureties from any obligations under the Contract Documents or the Performance Sood and Payment Bo nds. 14.12 CONSULT ANT may void any certification of Substantial Completion or Fi nal Completion of the Work as rnay be necessary in his opin io n to protect OWN ER from loss if he determines, because of s ubseq uently 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 indrvidual or entity operating under or through it requiring correction or replacement to the extent that the pro ject is no longer Su bstantia ll y Completed, or in the case of Fin al Completion certificatio n, is no longer Finally Competed, 14.12.2 the Work necessary to be comple ted for the purpose of certifying the work as being Substantially Completed or f inally Completed cannot be verified, 14.12.3 claims or Liens have been flied or received, or there is reasonable evldence indi cating the probable filing or receipt thereof thac. if vaHd and paid, wo uld reduce the amount o ·ng to CO NTRACTOR by 20% In the case of Substantial Completion a nd 5% in the case of Final Completion. 14.12.4 there is D efective Work the value of which , if deducred from the contract price would reduce the amount owing to CONT RACTOR by 20% In the case of Substantial Completio n and 5% in t he case of Final Completion. 14.13 If CONSULT ANT de~certifies any portion of the Work that was cer·cified ("Initial Cer ification") by CONS ULTAN T. CONTRACTOR must repay to OWNER any money paid as a r esult o f said In itial Certification bcing issued wh ich will be pa.id only when the decertified wo rk is re-certified. ARTICLE IS -SUSP ENSION OF WORK AND TERM I N AT ION . 15.1 The City Manager may, at any t ime an d without cause, suspend t he Work or any ponion thereof for a period of not more than ninety (90) calendar days by notice in wrlting to CO NTRACTOR a nd CONS ULT ANT, which will fix the date on which Work will be resumed. Except for the C ity Manager's exercising his right to suspend o r terminate the contract pursuant to Article 6 , Section 6.21 due to a scat.e o f emergency. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, o r both, d irectly arrributable to any suspe nsion and if a claim is timely made and if le is al lowed under the terms of Articles I I o r Article 12. City May Terminare 15 .2 If C O NTRACTOR is adjudged bankrupt or inso lve nc, or if he makes a general assignment. for the benefit of its creditors, or if a u-umte or receiver is appolnted for CONTRACTOR or for any its propercy, 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 rep!!atedty fails to supply sufficient skltled workmen or su itab le mate rials or equipmenc, o r if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipme nt or he dis regards la ws, ordinances, rules, regulation s or orders of any publi c bo<:!y having jurisdiction, o r if he disregards the authority of CONSULT ANT, or if he otherwise violates any provision of, the Contract Documencs. then the City Manager may, without prejud ice to any other right or remedy and after giving CONTRACTOR and the Su rety seven (7) calendar days w r itten notice, terminate the services of CONTRACTOR and cake posse.ssion of the Project and of all mata-la1~, equipment. tools, construction equipme nt and machinery thereon owned by CONTRACTOR, and fin ish the Work by whateve r method it may deem expedient. In such case CONTRACTOR w ill not bi! en titled to receive any furt her payme nt until the Work is fi nished. If the u npaid balance of the Contract Price exceeds t he direct and indirect costs of completing the Project. in cl uding compemation for· additio nal professional services. such excess will be paid to CONTRACTOR. If such costs exceed such unpald balance , CO NTRACTOR or the Surety on the Performance Bond musl.'. pay the diffe r ence to OWNER. Such costs incurred by OWNER wi ll be determined by CONS ULTANT and incorporated in a C hange Order. If after termination of CONTRACTOR und e r th is Section, it is determined by a court of competent jurisdiction for any reaso n at C O NTRACTOR. was not in defa ufc. the rights and ob ligations of OWNER and CONTRACTOR wlll be the same as if the termination had been issued pursua nt to S-ection I 5.5 I S.3 Where CONTRAC TOR'S services have been so terminated by the Ocy Manager sa id termination will nor affect any rights of OWNER against CONT RAC T OR. then existing or which may t hereafter accrue. Ally retention or payment of moneys by OWN ER due CONTRACTOR will not refease CONTRACTOR from liability. 8 5 of 93 89 I 5.4 Upon seven (7) ca le ndar days · w ri tten noti ce to CONTRACTOR and CONSU LTA NT, the City Manage r may, without cause and without prejudi ce to any other ri ght or remedy, elect co term inate the Contract for the convenience of OWNER. In such case, CONTRACTOR will b-e pai d for all Work executed and ac ce pted by the C ity Man ager as of the dace of the te rm inat ion, minus any deductio n for damage or Defective Work. No payment will be ma de for profit for Wor k wh lch has not been performed. I SAA OWNER reser.i es the r ight in th e event CONTRACTOR cann ot provide an icem(s) or serv ice(s) in a timely manner as requested, to obtain the good and/or services from o ther sources and deducti ng the cost fr om the Contract Pri ce without violatil'\g the intent of the Contract. Bemova l of EquJpmenc 15 ,S In the case of termination of th is Con tract before completion for any cause wh atever, CONTRACTOR, if no ti fi ed to do so by the City Manager, mu se promptly remove any part or al l o f Its equipment and suppl ies fr om the pr o perty of OWNER. Sho ul d CONTRACTOR not remove suc h equ ipment and suppl ies, the City Ma nager w ill have the r ight to remove them at the expense of CONTRACTOR an d CONTRACTOR agrees chac OWNER wi ll not b e liable for loss or damage co such equ ipm ent or su pp lies. Equi pment an d supplies will not be construed to Include such item s fo r which CONTRACTOR has been paid in whole or in part. Contraq.or May Stop W ork Qr Termj nace I S.6 If, through no ace or fault of CONTRACTOR., the Work is suspended for a pi!riod of more t han ninecy (90) cale ndar days by the C icy Ma nager-or by order of other public: authority, or under a n order of co u rt or CONSUL TANT fai ls to act o n any App ficati on for Payment within thirty (30) calendar days after it is subm it ted, or OWNER. fai ls co pay CONT RACTOR any sum approved by CONSULTANT, with in thi rty (30 ) calendar d a.ys o f its approva l, and presentation, t hen CONTRACTOR may , upon cwe ncy (20 ) calendar days written notice to the Cicy Manager and CONSULT ANT, terminate the Contract. The City Man ag@r may remedy the delay or neg1ect w lt hin the twenty (20 ) calendar days. If t ime ly remedi ed b-y OWNER. the Contract will not be coMidered termin<1ted. In lieu of erminatiog t he Co ntract. If CONSULTANT has fa ile d to ace o n an Application for Payment or OWNER has failed to make any payme nt as afore sa id, CONTRACTOR may upon ten ( I 0) calendar days' nocoice to the C ity Manager and CONSULTANT stop che Wor'K until it has been pai d all amounts then due. Ind emnificatio n of lnd!J4)e ndent Consu lcanc , I S.7 CONTRACTOR and the C ity Manager hereby acknowledges that if CONSULT ANT is an independent contractor of OWNER, CONSULTANT may be reluctant to rule on any disputes con cerning the Contract Docu ments or on che perform.1n ce of CONTRACTOR or OWNER purs uam to t he terms of the Contract Docume nts. T he refore. OWNER. at CONSU LTA NT's req uest., agrees to provi de CONSU LTANT with a wf'itten indemnlficacion and ho ld harmles s agre-ement to in dem nify and hold CONSUL TANT harmle$s as to any decision in th is regard before CONSUL TANT makes an inc e rprecado n, de -certifies a payment application, decertifies Substantial C ompletion, de e rc ifies Fi na l Comp!e tio n, certifies an event of d efa ult, o r approves any action which requires the approval of CONSULTANT. 16 . I Whenever any provision of ch e Con tract Docu ments requires the giving of written notice it will bi! deeme d to have b-een val id ly given rf d el ivered in person to the ind ividual or to a member of the firm o r to an officer of the corpora ion for whom it ls incende<I , or if delivered at or sent by registered 01· cercifi ed mail, postage prepaid , to rhe last known bus iness ad dress. I 6.2 T he Contract Docu m ents are the propeny o f OWNER. CONT RACTOR and CONSULT AN T w ill hav e the right co keep o ne record set of the Contract Documents upon completion of the Project . I 6.3 The duties and obli ga tio ns imposed by these General Cond ition s, SpedaJ Cond iti o ns a.nd Supplementary Cond it io ns, if any, and the rights and remedies availa ble hereunder, and, in parclcular but without limiration , the warranties, gu arantees an d obligatio n! imposed upon CONTRACTOR by the Contract Documents and he rights and remedies avai lable to OWNER and CONSULT A T thereu nder, will be in addition to, and wi ll not be construed in any way as a li mitatlon of, any r ights and remedies availab le by taw, by special guarantee o r by other provisions of the Contract Documents . 16.4 Shoufd OWNER or CONTRACTOR suffer inj ury or damage to its person or property beca use of a ny error, omission, or ace of the oth er o r of any of their employees or a.gents or others for whose acts t hey are legally liab le, claim must be made in wri ting to the other party within twenty-one (2 I) calendar d ays of the flrst observance of s uch injury or damage. 86 of 93 90 ARTICLE 17 • WAIVER OF JURY TRIAL. 17 .1 OWNER and CONTRACTO R knowing ly, irrevocably voluncarity and intentiona ll y waiv e any ri ght e ith er may have to a tria l by jury in Seate or Fe deral Court proceed ings in respect co any action, proceeding. lawsuit or counterclaim ari si ng out of che Contract Documents o r the perfo rmance of the Work t here under. ARTICLE 18 · ATTORNE'XS FEES tURISOICTION /VENUE / GOYEBNJNG LAW . 18 .1 I 8.2 18 .3 The Contrac t will be construed in accordance w ith and governed by the law of the Seate of Florid a. The partles submit to the jurisdiction of any court of com petent juri sd icti on in Flor ida regard ing any claim or actio n aris ing out of o r relating to the Contract o r Contract Documencs . The parties agree chat venue of any action to enforce th e Contract is in Miami-Dade C ounty, Flo ida. Ex ce pt as may be otherwise provided in the Contract Docu ments, all daims, counterclaims, disputes, and o ther macwrs in qu estion between OWN ER and CONTRACT OR a.risi ng out of o r r e lating to t h is Concract or the breach thereof, will be dedded in a court of compecem juris diction w it hin the State o f Flo r ida. ART ICLE 19 -PRO!ECT RECORDS. 19.1 The City Manager has the ri ght to inspect and copy during regular buslness hours a t OWN ER'S expense, the books and records and accounts of CONTRACT OR wh ich relate ln any way to the Project, and to any clai m for additional compensation made by CONTRACTOR, and to conduct an a udit of the fin ancia l and acco unting records of CONTRACTOR. which relate to the Project. CONTRA CT OR will retain and make availab le co C ity Man ager all such books and records and accounts, financ ial or otherwise, whic h relate co che Pr o ject and to any claim for a period of three (3) yean fo ll owing fina l co mp lecion of the Project. During t he Project and th@ three (3) year period following fina l completion or the Pro ject, CONTRACTOR m ust provide C ity Manager access to its books and r ecords upon five (5 ) busi ness day's written notice. 19,2 CONT RACTOR an d all of itS subcontractors are requ ired co comply with the public records law (s .119 .070 I) while provid in g services on behalf of OWNER a..nd CONTRACT OR, under such conditio ns , must incorporac.e chis paragraph in all of its subcontracts for t his Project. CONTRACTOR. and its subcontractors a.re specifica ll y requi red ro: (a) Keep and maintain public records required by the publi c agency to perform t he service; (b) Upon req uest fro m t he publ ic agency's cuscodian o f public recor ds , prov ide the p·ublic agency wi th a. copy of the requested records or allow the r ecords to be inspected or copied within a reasona ble t ime at a cost that does noc exceed the cost provi ded in this ch apter o r as otherwise prov ided by law ; (c) Ensure that pu blic records that are exempc or confiden tial and exem pt from pub lic reco r ds disclos ure requirements are not disclosed except as authorized by law for the d ur ation of the contract term and follow in g completion of the contract if the contractor does not transfer th e reco r ds to the public agency; and (d) Upon completion of the contract, transfer. a.t no cost, to the public agency alt pub li c records in possess ion of the contractor or keep and mai ntain pu bl ic records required by the pu blic agency co perform the service. If the contractor cransfer-s all public records to the pu blic agency upon comp letion of the contract, the contr-acto r must destroy any duplicate public reco r ds that are exempt or confid enti al and exempt from public records disclosure requirements. If the con tractor kee ps and maintains publ ic records upon completion of the contr.lct, the contractor m ust meet all applicable r equirements for retaining public reco r ds. All records stored electronlcall y must be provided to che public agency, upon requ est from che pub li c agency's custodian of public records, in a for mat that is compatibl e with the information technology systems of the pu blic 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 TH I S CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset D r ive, South Miami, FL 33143. 19.3 If CONTRACT OR or its subcontractor does not comp ly w it h a pub li c records reques t. the City Man ager has the rl ght to enfo rce this contract provision by spec ifi c performan ce and the person w h o vio lates th is provisio n is li able ro OWNER. fo .r its costs of e nforc ing this provision, including attorney fees inc urred in all proceedi ngs, whethe r adminls-tta t iv e o r civil court and in all appell ate proceedings. ARTICLE 20 -SEYEBABILIIY, 87 of 93 91 20.1 If any provision of the Contract or the appl ication thereof to any person or situation is, co any exr.enc. held invalid or unenforceable, the remainder of the Co ntrac t. and the application of such provisions co persons or ~ituations other than those as to which it is he ld inval id or unenforceable wl ll not be affected thereby. and wil l continue in full force and effect, and be enfo rced to the fullest extent permitted by law. ART IC LE 21 -INDEPENDENT CONTRACTOR. 21 .1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and s ubject to supelv'ision by CONTRACTOR, and not as officers. employees, or agencs of OWNER. Personnel poli cies, tax respo nsibilities, soda! security and health insurance, employee benefits. purchasing policies and other simil ar administrative pro~dures, applicable to services rendered under the Contract muse be those of CONTRACTOR. ARTICLE 22 -ASSIGNMENT. 22. I CONTRACTOR may not transfer or ass ign any of its rights o r duties, obligations and responsibilities aris ing under the terms, conditions, and provis ions of this Contract without prior written consent of the City Manager. The C ity Manager will not unreasonably withhold and/or delay OWNER'S consent co the assignment of CONTRACTOR's rights. The City Manager may, in the managa-'s sole and absolu te discretion, refuse to allow CONTRACTOR to assign its duties, obligatio ns an d responsi bilities . In any event. OWNER. is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally lia ble for any breach of the Agreement by the assignee, the assignee meets al l of OWNER's requ iremrmcs to the City Manager's sole satisfaction and the asslgnee executes a.II of the Cone.race Documents that were required co be executed by CONTRACTOR. ARTICLE 23 -FORCE HA IEURE. 23. l Ne ither party may hold the other responsible for damages or for delays in performance caused by force maje u re, 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 is purpose. such acts or circumstances include, but not llmrted to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lock outs, or other industrial disturbances, or protest demonstrations, Shou ld such acts or circumstances occur, the parties will use their best effortS to overcome the di fficulcies and to resume the work as soon as reaso na bly possible. 24.1 As a condition precedent to entering in to this Agreement, and in compliance with Seetion 448.095, Fla. Stat., Contractor. and its subcontractors must register with and use the E-Verrfy system to ve ri fy work autho rization status of all employees hired after January I. 2021. 24.1. I Contractor must require eac h of iu subcontractors to provide Contractor with an affidavit seating that the subcontractol' does not employ, contract wit h, or subcontract with an unauthorlzed alien. Contractor must maintain a copy of the subconcraccor's affidavit as part of and pursuant to the records rece n do n requirements of this Agreement. 24.1 .2 The City, Contractor, or any subcontractor who has a good fu ith belief that a person or entity with which it l~ contracting has knowingly violated Section 448.09 ( I), Fla. Sc.at. or the provisions of this section must r.erminace the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowi ngly violated the provisions of this section, but that the Contractor otherwise complied , must promptly not rfy Contractor and Contractor muse rmmediately rnrmin ate the contract w'ith the subcontractor. 24.1 A A contract termi nated un de r the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under t he provisions of this Section may be challenged no late r than 20 calendar days after the date on whic h chis Agreement Is terminated pu rs uan t 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 Con tractor, Contractor may not be awarded a public contract for at least one (I) year. Contractor further acknowledges that Contractor is li ab le for any additional coses in curred by the City as a result of termination of any contract for a vio lation of this Sectio n. 88 of 93 92 24. l.7 Subcontracts. C ontractor or subcontractor must in sert in any subcom;raccs the clauses set forth in this. Seccion, includ ing this Subsection, requl r ing the sub-co ntractors to include these clauses in any lower tier subcontracts. Contractor is. responsible for compliance by any s ubcontractor or lowe, tier subcontractor with the clauses set forth in th is S~ction and Contractor's fail ure to enforce compli ance is a substantial and material breach of chis Agreement. ARTICLE 25 -A NTI D ISC R IN IMATIO N 25.1 Contractor and all of its employees, subconttactors and subconsuhant5, while performing worl<. for the City, including the hiri ng and retention of employees for the perfo r mance o f Work, are prohibited from discriminati ng agai nst anyone on the basis of race, color, reli gious fam il y status, sex {i ncluding sexual orientation, ge der identicy and fncersexua licy), height, weight. domestic pa r tner ship status, labor organization me m bership, politica l affil iation, national origin, age, dls.a.b ili cy or any other classification that is federally defined as a "protected class" and Contractor must take all steps. necessary to prevent such discrimin ation by all of its employees, subcomr actors a nd subconsultam::s who are p-erforming work for the Cicy and must ensure nondiscrimination in al l p r ograms, services a nd activities thac a r e part of the Scope of Services-. A violation of this paragraph is a substantial, material breach of this. Contract. 25 .2 Conc.racco r must include in al l of rts subcontraccs t.he following clause: "Subcontractors and all of t heir employees, subcontractors and subcons ulta ncs , while perfo r ming work for t h e City, including the hiring and r etention of employees for the pe r formance of Work, are pro hib ited from d isc,iminatlng against anyone on the basis of race, color, religious fami ly status, sex (includlng sexual orientation, gender identicy and intersexuality), height, weight, domestic partnership status, labor organizatio n membership. political affi liation, national origin, age, disa bilicy or any other classification chat is fe d erally defined as a "protected clas.s", Subcontractors must: take al l steps necessary to pr event such discrimination by all of their employees, subcontractors and su bcon)ulca n ts w ho are performing work fo r the City an d must ensure nondisc r im ination in all programs, services and activities that are pa.rt of the Scope o f Services. A violation of this paragraph is a substantial. material breach of this Subcontract.'' IN WITN ESS WHEREOF , the parties hereto have executed the General Con d it ions to acknow1edge their inclusion as part of che Contract Documen ts on this «a__ day of 'I\.L , 20 2t., ATTESTED : Signacure : ___________ _ Nkenga A. Payne Cicy Clerk Read and Approved as co Form. Language, Lega li ty. and Execution Ther eof: Signature: ___________ _ C ity Attorney CONTP-A.CTOR: ~t,..,Je,k.c,t..,.S~·~, ~ Signature: -------,,,..-,'-ft-.------- Prim Signatory's N:;;a-/J.4'1FC Title of Signatory: -+?-'CAT"--~'-~"---------- OWNER: CITY OF SOUTH MIAMI Signature; Sha ri Kamali City Man ager END OF SECTION 8 9 o f 93 93 DRUG FREE WORKPLACE PASEO PARK IMPROVEMENTS RFP #PR2022-14 Whenever two or more res.ponses to a solicir.ation whfch are e<Jua.l with respect to price, qualicy and service are received by the State or by any political subdivis ions for che procu r ement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workp lace program ·n be given preference in the award process. Established procedures for processing tie res.pons.es to solic itatio ns wi ll be followed if none of the tled vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: l) Publ ish a statement notifying employees that e unlawful manufacture, distribution, d ispensing, possession. or us e of a controlled substance is p rohibited in the workpface and spedfying the actions that will be taken aga inst employees for v·olatlons of such prohibition. 2) Inform e mployees about the dangers of drug ab use in the workplace, the business's policy of ma inc:aining a drug-free workplace, any available drug counsefing, rehabilitation, and employee assistance programs., and the penalties that may be lmpo sed upon employees for d rug abuse vio lations. 3) G ive each em p loyee engaged in providing the commodi ties or contr actual services chat are unde r Bid a copy of the statement specifi ed in paragraph (I) above. 4) In the statement specified in paragraph (I ) a bove, notify the em ployee s, that. as a condition co thei r working for the employer with regard to the matters that are the subject of the response to the solicitation includi ng those in volv ing t h e procurement of commodities or contrac tual services that are under Sid, the employee mu>t ab ide by the terms of the statement and must n otify the employer of any conviction of, or plea of guil t y or ru:,fo contendere to , any violation of Chapter 893 or of any controll ed substance law of the Un ited State> or any state, for a violation occurring in t he workplace n o later than five (5) days after such conviction. 5) Impose a $3.netion o n, or require the satisfactory participation in a drug abuse assistance or rehabi litation program, if such is available in the employee'> community, by any employee who is so convicted. 6) Make a good faith effort to continue to ma intai n a drug-fre-e workplace through impfem encation of this section. As the penon authorized co sign this scaremem. and u penalties of perj ury, I dedare that I hav e read the foregoing statement and that the facts stat e an-d chat this f;rm is in full compliance with t.h~ above requi rem en ts. RESPON DEN T's Sig nature: ---=--~,..-e,:::x. ________ _ Pri nt Name: /)a,n1~ ti,. &lcu,rtJ Dace: C, {1r1 I 'l. ~ 15 of 93 94 EXHIBIT 4 CONSTRUCTION CONTRACT PASEO PARK IMPROVEMENTS RFP #PR2022-I 4 THIS CONTRACT WilS made and ente red into on chis JS-4-day of ,,.._, , 20 'Z, '2. by and between ~ ~~ S.,,.·1/l· e.t.S , ~. (hereafter referred to as "Concractor"), a~ of Sou t h Mia mi (herea~er referred to as "Owner"), through its City Manager (hereafter referred to as "City"). Contractor, for the consideration set forth here.in, hereby agrees with Owner as fo llow s: I. Contractor must furn ish all labor, materials, equipment, machinery, cools, apparatus, transportation, and any och er items necessary t o perform all of the work shown on and described ln the Contract Document:S and must do everything requi red by t his C ontract and the other Contract Documents hereinafter refe rred to as t he Wor k. 2 . The Contract Doc uments must indud!! this Contracc, G e ne ral Condit iom to the Con tract, if any, the drawings. pla ns., specifications and project manual, if any. any s upp lem entary or special co ditions, other documents referring to this conrracc and signed by the parties. the so lic itat ion documents ("hereinafter refe r red to as "Bi d Documents") and any documents to which those documents. refer which are used by Owner as well as any attachments or exh ib its that a re made a part of any of the documents des.cribed herein. 3. Concractor m ust commen ce the Work to be performed under this Con tract on a date to be specified in a Notice to Proceed and must complete all Work hereund er within the length of t ime set fort h In the Concract Documents. 4, Owner hereby agrees to pay to Con tractor for the faithfu l performance of chis Contract. subject to additions and deductio ns as provide d in the Contract Documents and a.ny proper ly approved, written chang~ o rders, in lawfu l money of the Un ited States, the Lu mp Su m amount of: {r>,~~~;Vhv-<~~~~ars ($ /~ 0 31" . ~ (S~II Odl...-"'-re ~••J ("Contract Price"). 5. The expenses of performing Wor k aft er regular working ho urs, and on Sunday and legal holi days must be incl uded in the Contract Price. T he Cicy may demand, at any point in time, that any part, or aJl, of the Work be performed after regular working hou rs. 1n suc:ch event, the Re ~pond em w ill have no right to additional compensation for such wo rk. However, nothing contained herein authorizes work on days and during hours t hat are otherwise proh1b ited by ordinance unl ess specificaJly autho riz ed or instructed in writing by the City. 6. If th e Work is expected to require more th an one month, Owner will make mo nthly partial paymencs to Contractor on the basis of a du ly certified and app rove d sc hedule of values for the Work performed during each calend ar month by Contractor, less the retajnage (all as provided for in the Contract Documents), which is to be withhe ld by Owner unti l completion and acceptance of the comptete project in accordance wich this Con tract an d th e other Conu-acc Documents and until suc h Work has be en accepted by t he City. 7. Upon submission by Contractor of evidence satisfactory to Own er that all labor, material, and other costs incurred by Contractor in connection with the co nstruction of the Work have been paid in full, and after com pliance with the t erms for payment provided fo r in the Contract Docume nts., fina l payment on acco unt of this Con tract must be ma de within sixty (60) cal endar day s after th e com pl etion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. 8 . The W ork must be complete-d in 75 calendar days. In the even that Contractor fails to comple te the Work wi thin the t ime limit stipu la ted in the Contract Docum e nts, or th e extended time lim it agreed upon, in ~ccordance with the procedure as more particularly set forth in the Contract Documen ts, tt quidated damages must be paid by Co ntractor a t the rate of S 1,070 .00 dollars per day. 9. It is further mutuarfy agreed between the pa rties her eto tha t if a Payment and/or Performance Bond ("Bond") is require<J and if. at a11y tlme afte r the execution of this Con tract and the Bond for its faithful performance and payment. the Ci ty deems t he Surety o r Surecies upon such bond(s) to be unsatisfactory, o r if, for any reas on such bond ceases to be adequate co cover the performance of t he Work or payme nt to su bconcraccors and suppHers, Contractor m use, at its expens,e within fiv e (S) bus ines s days after the receipt of notice from the City so to do, furnish an ad di tional bond or bonds rn such form and amou nt and with suc h Surety or Sureti ~ as are sa t isfactory to the City. In such event, no further payment co Contractor 62 of93 95 will be deemed to be due under this Contract until such new or additional security for th e fait hful performance of the Work is furnished in the manner and In the form satisfactory to the Cicy. I 0. N o ad d it ional Work or excras may be done unless the same is duty authorized in writing, an d in advanrn of che work. by appropriate action by the City and in accordance with the Contract Documents. I I. The da t e that this concract was "made and entered into" and its effective dace is the date chat the contract ls the signed by the City or, if t he contract is required co be approved by resolutio n of the City Commission, then t he Effective Date is the date of the resolution a pproving the Contract whichever is the later date. 12.AII provisions, conditions and restrictions contained in the bid document enc itled lnstruccions to Respondents are made a pm of chis agreement by refere nce. Any conflict between that document and this con t ract or the exhib its t o chis contract are to be resolved by che C ity Manager in the managers sole and abso lute discretion. I N W ITNESS WHERE OF , t he parties hereto have execut ed this Contract on the day and date set fo rth next t o their name be low and may be signed in one or mor e counterpartS, each of which will. without proof or acc o unting for the other counterpart, be deemed an original C oocraet. ~O NTRACT~~ ~,cv,w &4,d, (v/ ~1'.5s1 ~ Srg nacu re: -,--""'-,,....-,=.--------------::> Prim: Signatory's Name: /.tf2.iuJ2o, c/, · M/Joe-c> T itle of Signatory: --~-~ ___ d!.,J-________ _ ATTESTE D: Signature; __________ _ N kenga A Payne Ctcy Clerk Read and Approved as co Form, language, Legality, and Ex@cutlon Thereof: Signature; ___________ _ City Attorney O WNER: CIT Y OF SOUTH MIAM I 63 of 93 Si gnatu r e: __________ _ Shari Kamali City Manager 815 NW 57th Ave, Suite 200-12 Miami, Fl 33126 Marcelo@Gryphon-CS.com Gabriel Martinez Results-driven construction and project manager with over ten years of experience as a superintendent and roadway construction manager. A graduate of Florida International University, OHL School of Construction; obtaining a bachelor’s degree in construction management. Looking to grow and become an integral part of an organization where I can advance my knowledge as a project manager. Professional Experience Nov 2021 – Present Gryphon Construction Services, Inc. Miami, FL • Project Manager • Oversaw daily project activities (Personnel, Material, Equipment and Subcontractors) • Project document control (RFIs, submittals and correspondence) • Project Schedule up-dates • Monthly billing of projects • Direct contact with owners and/or owners’ representative to coordinate and complete task Nov 2016 – Present General Asphalt Co. Inc. Miami, FL • Project Manager • Supervised superintendents and MOT personnel directly related to projects • Managed the coordination and scheduling of MOT personnel company wide • Oversaw daily project activities (Personnel, Material, Equipment and Subcontractors) • Project document control (RFIs, submittals and correspondence) • Project Schedule up-dates • Monthly billing of projects • Direct contact with owners and/or owners’ representative to coordinate and complete task May 2015 – Nov 2016 J . B. Builders & Contractors, Inc. DBA. Ballarena Construction Miami, FL • Civil Project Manager / Superintendent • Managed multiple roadway projects • Managed civil portions of projects • Oversaw daily operations for the roadway/underground crews • Control project documentation • Project Schedule up-dates 96 815 NW 57th Ave, Suite 200-12 Miami, Fl 33126 Marcelo@Gryphon-CS.com Feb 2013 – Apr 2015 B Square Construction Management Group LLC Miami, FL • Created and developed business plan and structure • Planned and led complex projects from inception to completion, delivering projects on time • Enhanced business infrastructure resulting in improved performance and cost reduction • Maximize cost control, resources, and coordination to deliver projects on time and within budget • Estimate, Schedule and manage projects from inception to completion • Managed multiple projects at once, oversaw the completion of projects during various phases of construction • Managed all daily operations • Secured new business relations through exceptional customer relations, hard work, and word of mouth referrals • Mentored through expertise in the construction industry, becoming main source of information for staff through daily contact in a quick, professional, and considerate manner 2010 – Feb 2013 Pontifex Construction Group, Inc. Miami, FL • Planned and led complex projects from inception to completion, delivering projects on time • Enhanced business infrastructure resulting in improved performance and cost reduction • Maximized cost controls, effectively utilized resources, and coordinated projects • Managed multiple projects at once, oversaw the completion of over 18 projects during various phases of construction • Managed all daily operations • Secured new business relations through exceptional customer relations, hard work, and word of mouth referrals • Mentored through expertise in the construction industry, becoming main source of information for staff through daily contact in a quick, professional, and considerate manner 2009 – 2010 Pontifex Construction Group, Inc. Miami, FL • Interned as an Estimator and Project Manager • Attended Pre-Bid and Pre-Construction Meetings • Assisted in the management of projects • Involved with daily operations • Tasked with Submittals, RFI’s and Organization Professional Development Miami-Dade County General Engineering – Paving Engineering Contractor #E1400204 Florida Certified General Contractor – CGC1522260 97 815 NW 57th Ave, Suite 200-12 Miami, Fl 33126 Marcelo@Gryphon-CS.com FDOT Maintenance of Traffic EEO Officer OSHA 30 Hour Certification Education_ 2007 – 2013 Florida International University Miami, FL Major: Construction Management • Invitational Scholars (2007 – 2013), FIU • Honors College, Invited & Recognized, FIU Capabilities & Skills Primavera, On-Screen Takeoff, Auto-Cad, Bilingual, Business Development, Project Planning and Management, Team Building and Leadership 98 99 STATE OF FLORIDA COUNTY OF MIAMI-DADE NON-COLLUSION AFFIDAVIT PASEO PARK IMPROVEMENTS RFP #PR2022-14 __ ~_l'Lltvl __ ~_----'-4,. __ 6"_411--'--_l'i_O _________ being first duly sworn, deposes and states that: (I) He/She/They is/are the _ _.p._~-==-='~~"'-=---"---=----------------- (Owner, Partner, Officer, Representative or Agent) of ~"-6W\.-~rwa,c/Ct'k;A, ~/UJ 1 :C.-..-(!.., the Respondent that has submitted the ~;d Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees, or parties of interest, includin ant. Signed, sealed, and delivered in the presence of: Witness By: _ ___,,_::;___~.-,:::;.,...--------- Signature >Muu-J.,.. MtwfO I JWA-dw-- Print Name and Title Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the 1, 1 day of 'JUM,, , 20---1l:_, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) An..nJro ~ M.(.wl (J and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 21 of93 100 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: ,,,,~~•,,, MARCELO AMIGO ~w-~ Notary Public-State of Florida =• •= Commission f HH 222174 ~}~ ~ My Commission Expires ,,,ff,,f,,,' April 19, 2026 H~ ~ (Name of Notary Public: Print, Stamp, or type as commissioned.) K Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or "" Did Not take an oath. 22 of 93 101• Marcelo Amigo Mnin 102 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS PASEO PARK I MPROVEMENTS RFP #PR2022-14 TO T HE CITY OF SOUTH MlAMJ W e, ~Y!lr4fW':~ ~l/4M,~ame of RESP O N DE NT), hereby acknowledge and agree that as CONTCTOR for the PASEO PARK IMPROVEMENTS RFP #P R2022-14 as specifi~ have the sole responsibi lity for compliance with al l the requirements of the Federal Occupational Safety and Health Act of 1970, and all Seate and focal safety and health regul ations, and agree co indemnify and hold harmless che C i ty of South Miami and the C ity's Consulti ng Engineer, if any. aga ins t any and all liab ility, claims, damages, losses and expense s they may incur due to the failu re of Whenever cwo or more responses to a soliciration which are equal with respect to price, qualrty and s ervice are rec eived by ch e Stace or by any pol~kal subdivisions for the procurement of commodities or concractuaJ ser'/1ces. a response co the soli citation recelved from a bus in ess that certifies that it has implemented a drug-free workplace program wlll be given preforence in the award process. Establ1shed procedures for processing tie responses to solicita tions will be followed if non e of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: I) Publis a stac.eme.nt notifying employees chat the un lawful man ufacture, d istrib ution, dispensing, possession, or use of a controlled substance is prohibit~ in the workplace and specifying the actions t hat will be caken a.gain$t emp loyees for vio lations of such prohib itio n. 2) Inform employees abouc the dangers of drug abuse in the workplace, the busines~•s policy of maintaining a drug-free workplace, any available d rug counseli ng, rehabilitat.ion. and empl oyee ass istance programs, and the penalties chat may be imposed upon employees fo r· drug abuse vlolacions. 3) Give each employee engaged in providin g th@ commod ities or contractual services that are undet" E-b id a copy of the statement specified in Section (I). 4) In the scacemenc specified in Section (I), nocify the employees, that, as a condition to their working for the employer with regar d co the matters chat are the subject of the response to the soficication including chose involving the procurement of commodities or contractual ser,,ices that are under E-bi d, the employee must ablde by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or 110/0 conrendere to, any vio lation of Chapter 893 or of any controlled su bs tance law of the United States or any sr.ace, for a violation occurri ng in the workplace no later t han five {S) days after s uc h conviction. S) Impose a sanc-tion on or require the satisfactory partici pation in a drug abuse assistance or rehabilitacion prngram, if such is availab le in the employee's community. by any employee who is so convieted. 6) Make a good fa ith effort to continue o ma intain a drug-free workplace thro ugh implementation of thi s section . As the p.erson authori,ed co sign chis statem@nt, and under penalties of periury, I decl are that I have read the foregoing statement and that the facts stated in it are cr ue and that this firm and its subcontractors, if any, who are li sted below, are in full compliance with the above requirnmems: CONTRAC:::.~ BY : Aiwcttd &..l /.1(WIO Name Tide 26 of 93 103 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION PASEO PARK IMPROVEMENTS RFP #PR2022-14 Th is affidavit is not required for compliance with the City's Solicitation; however, i t may be used to avoid the need to register members of your presentation team as l obbyists . Pursuant to City Ordina nce 28-14 - 2206 (c)(9), any person who appear s as a representative for an indi vidual or firm for an ora l pres-er,tation before a City certification, evaluation , selection, tec hn ical rev iew, or similar com m ittee, must list on a n affidavit prov i ded by the Clty staff, all individuals w ho may make a presentation . The affidavit must be filed by staff with the Clerk's office at the time t h e committee 's proposa l l s submitted to the City Manage r. For the purpose of this subsectio n only, the listed members of the presentation team, with the exception of any person othervvise re quired to register as a lobbyis t, must not be required to pay any registratio n fees . No person may appear before any committee on beh a lf of an anyone unless he or she has been lis ted as part of the fi rm 's presentation team pursuant t o this paragraph or unless he or she is reg istered with the Clty Clerk 's office as a lobbyist and has paid all appl icab le lo bbyist registration fees . Pursuant to '92 .525(2), Florida Statutes, the und ersigned , MglO (il f.UrWO I makes the followi ng declaration under pena lt ie s of perjury: Listed be low are all individuals who may make a presentation on beha lf of the entity that the affian represents. Pleas e riote; 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. TITLE For the pu rp ose of th is Affidavit of Repre sentation only, th e lls ted members o f the presentati on team , w ith the exception of any person otherwise requi red to reg is t e r as a lobbyist, will not be requ ired to pay any reg is tratio n fees. The Affidavit of Representation must be filed with the Ci ty Clerk 's office at the time the comm ittee's proposal is submitted to th e City as part of the procurement process . Und er penal ties of pe rjury, I d ecla re that I have read the fo r eg oin g declaration a nd that the facts stated in it are true and spec ifica l ly that t he persons listed above a re the members of the presentatio n team of the e nti t listed below. S~re of ~epresentative 10 tL. M.(WlO Print Name and Tit le G~~ ~~ ~;<l.L5 Pri;name of entity being represented . END OF SECTION 35 of93 104 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND PRINCIPAL SUPPLIERS PASEO PARK IMPROVEMENTS Rf P #PR2022-14 Re-spondent must list all proposed subcontractors and s ubcons ultant if subcontractors and subconsu ltants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Thi s 11s t must be provided as a part of Respo ndencs sub mittal to th e City of South Miami an d in res ponse t o this RFP. END OF SECTION 10 of 93 105 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST PASEO PARK IMPROVEMENTS RFP #PR2022-14 Pursua nt to the provisions of Paragrap h (2) (a) of Section 287.133, Florida State Statutes -"A person or affi li ate who has been placed on the convicted vendor li sc fol lowing a conviction for a publ ic entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a publi c entity. may not submit a Bid or proposal fo r a Conmict with a public entity for the construction of repair of a publlc building or public work. may not submi t bids or proposals o n le.a.ses or real property co a public enti ty, may not be awarded to perform Work as a RESPONDENT, Sub-con tractor, supplier, Sub-consultant, or Consultant un de r a Contract with any p ub lic entity, and may n ot transact bus ines s with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the d ate of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisio ns of Chapter 112. Flo rida St.ate Statutes. Respondents must d is close with their Proposals, t he name of any officer, d irector, partner, associate, or agent who is also an officer o r employee of the City of South Miam i o r its agencies. SWORN STATEMENT PUR.SUANT TO SECTION 287.133 (3) (a), FLORJDA STATUTES . ON PUBLIC ENT ITY CRIMES TH IS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE Of A NOT ARY PUBLIC OR OTHER OFF ICIAL AUTHORIZED TO ADMINISTER. OATHS. I. T his sworn statement is submitted to '1¼ (jt' SGU#--MI~• [p rim name of the pub lic e n tity] by A:tJ4y(o & J.A.9,4'r& ,}.uM<iW- (pr·int ind ividual's name and title) ror 6 ~ c.i W~0v ~vlC.--..S whosebus1nessaddressis Sd:'NW S').k.. ().>le, 1 ioop1'l.- M1~·. pe, J3I 2. t,-• and (if applicable) its Federal Employer Identifi cation Number (FEI N) is S 2 • l"J ~IP2>?.. (If the entity h as no FEI N, inclu~e the Social Se curity Number of the individual sign ing chis sworn statement ____________________ .) 2. I understand that a '"public entity crrme" as defined in Pa r;\graph 287.133 ( I )(g). Florida Sca u,1tes . means a violation of any state o r fed eral law by a person with respect to and directly related co the transaction of business with any public entity or with an agency or political subdivisio n of any other state or of the Uni ted States, in clud in g, but not limi ted to , any bid, proposal or contract for goods or sertices to be provide<! to any p u blic entity or an agency or poli tica l subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering. con spira cy. or material misr epresentatio n. 3 . I unde r stand that "c:onvicced" or "conviction" as defined in Paragraph 287.133 (I) (b), Elor1da Statutes, means a findi ng of guile or a conviction of a public entity crime, w ith or withou t an adjudication of guilt, in any federal or state t ri al court of r ecord relating to charges brought by in dictment or information a~er July I, 1989, as a re.suit of a jury verdict. non -jury trial, or e-ntry of a pie-a of gu ilty or nolo contendere. 4. I understand that an "affiliate" a$ define<! in Paragraph 287. I 33 (I) (a), Flo rida Statute:i_, means: (a) A predecessor o r successor of a person convicted of a public entity crime; o r (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. T he term "affiliate" in cludes those officers , d irectors, executives, partners, shareholders. e mptoyees, members, and agents who are active in che management of a.n affi li ace. The ownership by one person of sha res co nstituting a controlli ng interest in any person, or a pooling of equip me.nt or income among persons wheo not for fair market value under an arm's length agreement. will be a prima facie case that one person controls 23 of 93 106 another person. A person who knowingly enters imo a join r. vencure with a person w ho has been convicted of a public encjty crime in Flo ri da during the preceding 36 months w ill be considere<l an affiliate. 5. I understan d that a "person" as defin ed 1n Paragraph 287.133 (I ) (e), Flo ri da Statutes , means any na tural person o r entity o r ganized under the laws of any state or of the Un ited States with the lega l power to enter in~o a bf nding contract and which bids or proposal or applies to bid or proposal on contracts for the provisio n of goods or serv ices let by a public entity, or w hi ch o therwise transa cts or appl ies co transact bus iness with a public entity. The term "person" includes chose office rs, d ir ectors, executives, pa rmers, sharehol d ers, employees, members, and agents who are active in management of an e-ntlty. 6. Bas e d on info rmation and belief, the scatemem which I have marked below is crue in rela ti on co the entity submitting th is sworn statement. [Indicate whic h natem ent applies.] --.Y_ Neith e r ch e entity submitting chis sworn sc:atemenc, nor any of its officers, dir ectors, executives, parcners, shareholders, employees, mem bers, or agen ts who are active in the managemem of the entity, no r any affi liate of the entity has bee n charged wi th and convicted of a pu bli c enti ty crime subseque nt to Ju ly I, 1989 . __ The entity submitting th is sworn sca temenc, o r one or more of ir.s o ffi ce rs , directon, executive~ partners, s hareholders, employees, m embers, o r agents who are active in th e management o f the en t ity, o r an affi tim ! of the entity has been charged with and convicted of a public entity crim e subsequent to Jul y I. 1989 . __ The e nt ity submi t ting chis sworn statement. o r one o r more o f its officers, directors., executives, partne r s , shareholders, employees, mem bers, or agents who are active in the management of the entity, or an affi li ate of t he entity has been charged with and convicted o f a pub li c entity crime subsequent of Jul y I. I 989 . However, there has been a subsequent proceeding before a Hearing Offic er of the Sea te of Flo ri da, Divisi on of Adm inistrative Heari ngs and the Fina l O rder entered by the Hearing O fficer determined t hat it was not in the pub lic interest to place the entity submitting this sworn Statement on the convicted ven do r list. [atcac h a copy of the fina l or der.] I UN DE RSTAN D T HAT TH E SUBM ISSION OF THIS FORM TO THE CONTRACTI NG OFFICER FOR THE PUBLIC EN T ITY IDENTIFIE D 1N PARAGRAPH I (ONE) ABOVE IS FOR T HAT PUBLIC ENTI TY ONLY, AND H AT THIS FOR M IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND T HAT I AM REQU IRED TO IN FORM THE PUB LI C ENTITY PRIOR TO ENTERING INTO A C NT IN EXCESS OF THE T H RES HOLD AMOUNT PR OVIDED IN SECTION 287 .D 17 , L RIDA STA ES F E ORY TWO Of ANY CHANGE IN THE INFORMAT ION CONT Al ED IN TH IS FORM . [S ignature Swo rn to and subscribed before me this .J 7 ~ day of _7_-"-w.-t.------'~-------------· 20 .l.b._. .]1'4i Personall y know n __ )( _________ _ OR Prod uced identification _______ _ (Type of identificatio n) Fo rm PUR 7068 (Rev.06/ I l /92) 24 of 93 Notary Public -Seate of ~M-l)k My commiss ion expires 4.µ-;J?-01,e, (Prin ted, typed, o r scamped co miss ioned name of nocirv n 11 '-"-' 107 RESPONDENT QUALIFICATION STATEMENT PASEO PARK IMPROVEMENTS RFP #PR2022-14 The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past 5 years In the Rast 5 years On Schedule In the past IO years In the past IO years On Schedule s 2. List the last five (5) completed similar projects. a) b) c) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: 111 NW 1 ~.,_ sk~S/<214'o, ,.,,t.w,t,1Pt.,, ,s,is .,5oS 2$.S-/{pf,8 I EJ'J. z,"2. Actual Final Contract Completion Date: ~0"-'0H-=--..... k~~Y--+-1 ~Z4~Z.~I _______ _ Original Contract Price: J I 1, 7, () (J () • t> 0 Actual Final Contract Price: -# / ,JI/ 1 ZJ6. 2."{ Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: MIJIC.,4::f\.-0 us,6~ /17) ~ Actual Final Contract Completion Date: ~.l~/__._1 ,._31..._/-=2,=IJ .... Z,'--"7,....,___ _________ _ Original Contract Price: I 2,11./ 1 <,J:Z.. d 0 Actual Final Contract Price / 2,1 7, s:::u,, oo Project Name: Owner Name: 16 of93 108 Owner Address: 't1.~6 UW ,314""-.s}t.u,/f M1AM,~ k, 31/t,f, Owner Telephone: ~ ... ""'-"rBu.e..1.L.:c,me...ol'-"'t>..._1L?-'------------ Original Contract Completion Time (Days): _,1_0 ____________ _ Original Contract Completion Date: Actual Final Contract Completion Date: ~CU,,C.b+t, 9 1 2.Ata Original Contract Price: -1 ... ---',---'~'-, ...... a'-"oL,d.._•_d_O __________ _ Actual Final Contract Price:' ... .....,l'-C,e..+t ... f ...... (}'-'().._._._o_d ___________ _ 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 of93 109 3. Current workload Project Name Owner Name Telephone Number Contract Price a~u:s,~ 1/-.~ 9S1f .. ~r,3 , 't'i'i 3 -t t?q,1.0<, 5,-..,-nf -s, /19111~ '/)~ot, M,~i FIArc.t,t\-n m 18(1 J'l8 Jd.rr JI T'Z.,t,00. ,o 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 Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: .j,,wu/ 811J1tt.l!IO WLUpm.hY' A ,11,s,o"- Address: Telephone No.: Contact Person: Type of Project: Ill AJu) /$1-" ~ ~ 19"1:pu,r,µ.u.,1,i,t:t, fJ12,3 Jo.I" J?""' .JI ,r.S- 18 of 93 110 Name of Agency: ~ 1,lfM0 b4i-6 rf 1~ I ~AJ Address: .21!" HIAJ zMll sl: , H(M,,/,l ,& 3JJZ,8 Telephone No.: ...,Jt,=>,t:Q_.__,,U:.__...__,7'-----'e"'---o.:::....,e:(j _________ _ Contact Person: 11.,~",u,.., CA-$111.4) -~2 Type of Project: z~ I 1',,kr" A@ikA.& Cil'tlrnr Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 93 111 RELATED PARTY TRANSACTION VERIFICATION FORM PASEO PARK IMPROVEMENTS RFP #PR2022-14 I A,11.,~tr. J,. µ..o..,iro , indiv id ually and on behalf of <-,~_. C... ~ • "'-MM!'~.~ ("Firm") have Name of Representative GompanyNendor/Endty read the City ~outh Miam i ("Cicy ")'s Cod e of Ethics. Section SA-I of the C ity's Code of O rdina.nces and I hereby certlfy, un der penalc.ies of perju ry chat to che best of my knowledge , information and belief: (I) neither I nor the Firm have any conflict of inter est (as defined in secti on SA-I) with regard to the co ntra.ct o r business char I, and/o r the Firm, am(are) about c.o perform fo r , or to t ransa ct wit h, t he City, and (2) nelther I nor any employees, officers. directors of the Firm, no r anyone who has a fina ncial Interest greater than 5% in th@ Firm, has any relative(s), as defined in section SA -I, who is an employee of the City or who is(are) an appointed or e lected offic ial of the City, or who is(are) a mem ber of any publ ic body created by the City Commission, i.e., a board Of' committee of the Clcy. (white t he e th ics code still app li es, if the person executing this form ls doing so on beha lf of a firm whose stock is publicly traded, the statement in this section (2) mu$t be based solely on t he signatory's personal knowledge and he/she is not requ ired to make an independe nt investiga tion as co the re latio nsh ip of employ ees or those who have a financial interest in the Firm.]; and (3) neither I nor che Flrm , nor anyone who has a finanda.l interest greater than 5% in the Firm , nor any member of t hose persons' immediate fam ily (i.e., spouse, pa renc.s , children. brothers and sisters) has transacted o r entef'ed into any concract(s) with the C ity or has a ftnanciaJ incere.sc. direct or ind irect, in any business being transacted ·ch the city, or with a.ny person or agency acting for the city, other than as fo ll ows: _ (if necessary. use a separate sheet to supply additi onal informa.tion that will not fi t on t his line; however, you must make refe rence, on the above line, to the additional sheet and the additiona.1 sheet must be signed under oath). (wh ile c.he ethics code s till applies, rf the pe rson executing this form is doing so on behalf of a firm whose stock is pub lic ly traded, e statement in th is section (3) must be based solely on che signatory's personal knowledge and he/she is no t required to make an inde pendent in vestigation as to the rel a ·onship o f those who have a financial interest in the Firm.); and (4) no elected and/or appointed offici al or employee of the City of South Miami , or any of their immediate family members (i.e., s po use, parents, children, brothers and sis ters) has a fina n cial interest, directly or indirectly, in the concract between you a nd/or your Firm and the C ity other than t he fo ll owi ng indi vidua ls whose interest is set forth fo ll owing their names : ______________________ _ (if necessary. us e a separa te sheet co su pp ly additional information that will not fit on this line ; however, you must refer, on the above line, to the add ition al sheet and t he additional sheet must b-e signe d un de r oath). The names of all C ity employees a.nd tha.t of all elected and/or appointed city officials or board membe rs, who own. directly or ind irecdy, an interest of five percem (5%) or more of the coral assets of cap ital stock in th e firm are as follows : {lf necessary. use a separate sheet to supply additional in formation that will not fit o r1 th is li ne ; however. you m ust refer, on the above line. co t he add ition al sheet an d the additio na.l sheet must be signed un der oath). [wh il e the ethics code stil l appli!!s , if t he person execucing this form is doing so on behalf of a firm whose s tock is publicly traded, t he statement in this section (4) must be based solely o n the signatory's personal knowle<lge and he/she is not required to make an independent investigatlo n as to the fina n cial in terest in che Firm of dty employees, app ointed officia ls or the im medi ate fami ly members of e lected and/or appointed official or employee.] (5) I and t h e Firm further agree not to use or ac empt to use any knowledge, property or resource whic h may come co us t h roug h our position of crust. or through our performance of our duties under the terms o( the cont ract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use in formation, not available co members of the general pub li c, for o ur personal ga in or benefit or for the person.al gain or benefit of any o her person or business entity, outside of the normal gain or benefit an ·c:1paced through c:he perfo rmance or the contract. (6) I and che Firm hereby acknowledge at we have not contracted or transacted any business with the City or any person or agency acting fo r the City, an d that we have not appeared in representation of any third party before any board, commission or agency of the Ci ty within che past two years other than as 28 of 93 112 follows: __________________________________ {if necessary, use a separate s h eet 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 \1 2.28 .1 2 RELATED PARTY TRANSACTION VERIFICATION FORM [3).docx (7) Neir.ner I nor any employees, officers, or directors of the flrm, 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 fol lows: ______________________ (if necessary, use a separate sheet to supply additional in formation that will not fit on th is line; however. you must make reference, on the above li ne, to the additional sh~t and the additional sheet must be signed under oath). [while the ethics code still app li es, if the person executing thls form is doing so on beha lf of a firm whose stock is publicly traded, the statement in th is se<:tion (7) must be base d solely on the signatory's personal knowledge and he/she is not required to make an in depe ndent investigatio n as to the relationship by blood or marriage of employees,, officers, or directors of the Firm, or of any of their immediate fami ly to any appointed or elected officials of the City, or to their immed iate family members]. (8) No O ther Firm , nor any officers or directors of that O cher Firm or anyone who has a fina ncial interest greater than 5% in that O ther Firm, nor any member of those persons' immediac.e family {i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (herei nalter referred to as "Related Parties") has responded to a sol icitation by the C ity 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 chose persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, ocher tha n the following: ___________ _ __________________ (if necessary, use a separate sheet to supply additional information that will not fit on mis line; however, you must refer, on the above lin e, to the add itional sheet and me add itional sheet must be signed u nder oath). [Wh ile the eth ics code still applies, if the penon executing this form is doing so on behalf of a finn whose stock is pu bl icl y trade<:!, the statement in this section (8 ) must be base<:l solely on che signatory's personal knowledge and he/she is noc. required to ma.ke an in dependent Investigation into the Other Flrm. or the Firm he/she represents, as to their officers, d irectors or anyone hav in g a financial interest in those Firms or any of their any member of those persons' immediate fam ily .] (9) I and the Fi m , a,gree that we are obligated to supplemen this Verification Form and inform the City of any change in circumstances that wou ld change our answers to t his document. Spec ifically, after the opening of any responses to a s.o li dtatioo, I and the Firm have an obHgation ro supplement t his Verification Fo rm w1th th e name of all Re lated Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and t he Fi r m. ( I 0) A violation of t he C ity's Eth ics Code, the giving of any false informa tion or the failure co supplement this Verifica tio n Form, may subject me or the Firm co immediate termination of any agreement with the City, and the impositio n of the max imum fine and/or any penalties allowed by law. Additionally, violations may be considered by and sub je<t co actio n by the Miami -Dade County Comm iss ion on Eth ics. Under penalcles of perjury, and as the per son authorized r.o sign th is statement. l declare thac I have read the foregoing statement, that I have made a diligent effort to investigate the matc.ers co which I am attesti ng he rein a bove and co the best of knowledge, info rmation, and belief che faces stated in it are c.r ue and this firm is in full compliance with equirements. Pr1nt Name & Title: At,;rt/lf) cJ, M.iJJIC I Pll.4t" ~-t" Date: C., { VJ I i-,-i..- l9 of 93 113Gryphon Construction Services, Inc. Sit t Gabriel Martinez SUperinlendent 114 PROPOSAL SUBMITTAL CHECKUST FORM PASEO PARK IMPROVEMENTS RFP #PR2021-14 This checklist indicates the forms and doc uments required to be submitted for this soli citation and to be presented by the dead li ne set for within the solicitation. Fulfil lmen t of all soHcit.ation requi re ments listed is mandatory fo r consideration of response to t he solicitation. Ad ditional documents may be r equired an d, if so, they will be id entlfled in an adde ndum to this Solicitatio n. The response must inclu de t he following items: Attachments and Other Documents described below Checlc to be Completed IF MARKED WITH AN "X": Completed. X X X ----- T he City will only receive submittals onlin e and e lectronically through the Demand Scar Electronic Bid Sy stem (E-B idding). To r egister as a business . go to bttps://ner,work.demaodsta ,com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents . ln demnificaclon and In su rance Docum e nts EXHIBIT 2 Respondents Btd Form. EXHJBJT 3 X ---- Signed Contract Documents (All -including G eneral C onditions and Supplementary Conditions if attached) EXHIBIT 4, 5, & 6 X Respondents Q ua lifi ca tion Statement X Li st of Proposed Subcontractor s and Su bcons ulcants and Pr fncipal Suppli e r s ----- X No n-C o ll usio n Affidavi t Public Enti ty C rimes and Conflicts of Inte rest ----X Drug Free Wo rkplace ----X __ x ___ Ac k nowledgement of Conformance with OSHA Standards __ x ___ Affidav it Concerning federal & State Ve nd or Listings X Re lated Party Transaction Verificat ion Form Presentation Team Dec-la.ration/Affid av it of Rep r esenta tion ----X J V V V v L.,./ Submit this checklist aJong with your proposaJ indicating the completion and ubmission of each required forms and/or documents. NOTE: BID & PERFORMANCE & PAYMENT BONDS ARE li.QI REQUIRED FOR THIS PROJECT END OF SECT ION ts of 93 115 AFFIDAVI T CONCERN I N G FEDERAL ANO STAT E VENDOR LISTINGS PASEO PARK IMPROVEMENTS RFP #P R2022-14 The person, or entity, who is respond ing 1;0 the City 's solicication, herelnafcer referred co as "Respondent", must certify that the Respondent 's name Does Noc appear o n the Scace of Flor ida , Department: of Management Se rv ices , "CONVICTED , SUSPENDED , D ISCR IMINATORY FEDERAL EXCLU DED PARTI ES and C OM PLAINT S VE ND O R UST INGS ". lf th e Respo ndent's nam0 appears on one or all the "listings" summarized be lo w, Respond e nts must "Check if Applies" neXt to the applicable "Li stin g." T he "li stings" can b{! acce.rn!d through the fo ll owing link to the Florida De partment of Management Services website: b up;J/www .d ms .myflori da ,com/business opemi.Qmlmte pu rchasinweo dor i nformacjon/conyicted ~ scuminatoa complaints vendor liscs DECLARATION UNDE R PE N AL TY O F P ERJU RY I, J,...,wr9 J.,. t-AMlo (h ereinafter referred to as the "De clarant") scate, that the fo lt owing facts are true an d correct: { 1) I repr esent the Respo ndent whose name is ~ ~~ W"t"c.<o {2) l have the fo llowi ng relatio nsh ip w ith the Responaent _________ (Owner (if Respond ent is a sole propr ietor), President (if R.espondem is a corporation) Partner (if R.espo ndent ls a pa.rrnership), General Partner {if Respondent is a Li mited Parto ershlp) o r Managing Member> (if Respondent is a Limited liabil ity Company). (3) I have re vi ewed the Fl o ri da Department o Management Services webs ite at the fol lowing URL ad d ress: http://www .dms.myfio rida.c om/business_operatlons/state_purchasing/vendor _information/convict~d_suspended_di scrim in atory_complaints_vendor _lis ts (4) I have entered an "x" or a chec k mark bes ide each li sting/category set forth below if the Res po ndent's name appears in the list fo und o-n the Flor ida Department of Management Ser,,ice.s website for that category or listing. If I did not enter a mark beside a li sting/cac.egory , ic means thac I am attesting to the fact that the Res pondent's name does noc appear on t he list ing for t hat category in the Florida. Depanmem of Management Serv ices webs ite as of t he date of th is affidavit. Check the following categ,ories if Applicable Convicted Vendor List Stlspended Ve ndor Lis t Discriminat ory Vendor List Federal Excluded Parties List Ven do r Complain t Li se Under pena lt ies of perjury, and as the pe rson authodzed to sign this s em,. __ ,,vL11.,.,c1are that I have read t he fo rego ing stacemem and chat the facts stated in it ar e true and that chis full comptiance with the above requirements . By:----------,-------- (Print oa.rmt of Dtda.ram) ACK NOWLEDGEM ENT STATE OF FLO R IDA ) COUNTY OF MIAMI -D A DE ) On chis the _lJ_ day of 7JI\L , 1 0 Z-1-, before me, the undersigned au th o ri ty, pe.rsonal ly ap peared U , M/Mllo wh ~~-..,.,1i-n::':;;: me or who provided the following identification _______ and who cook an o he/she/they executed che fo r ego ing Affi davi t as che Declarant. WITNESS my hand and official ~eal. _\......,ao:c"'--"---=---\-",,-------- ublic, S of Flo rida 27 of 93 EXHIBIT 4 CONSTRUCTION CONTRACT PASEO PARK IMPROVEMENTS RFP #PR2022-14 THIS CONTRACT was made and entered into on this J84-v day of ~ , 20 2 'l., by and between ~ c.r-,1&,J~ s..w,·a..c,s ,~ (hereaher referred to as "Contractor'1, andeCity of South Miami (hereafter referred to as "Owner'), through its City Manager (hereafter referred to as "City'). Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: I. ContractOr must furnish all labor, materials, equipment. machinery, cools, 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 Contraa 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 f'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 or this Contract. subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in I wful money of the United States, e Lump Sum amount of: /r'¥~.---,-.-.r,1 -------~ars($ /&r.os-? -~ 1spe11 0oi1u MIOAIC zt,o-,eJ ("Contract Price"). S. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be induded 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 instruaed 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 Contraa Documents), which is to be withheld by Owner until completion and acceptance of the complete projea 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 Contract0r in connection with the consuuction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contraa Documents. final payment on account of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract and the accept1nce of such Work by Owner. 8. The Work must be completed In 7S calendar di\YJ, In the event that Contractor fails to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contraa Documents, liquidated damages must be paid by Contractor at the race of S 1,070.00 dollan per day, 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond (''Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment. the City deems the Surety or Sureties upon such bond(s) to be unsatisfactory, or if. for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontract0rs and suppliers, Contractor must. at its expense within five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In such event. no further payment to Contractor 62 of93 will be deemed co 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. I 0. 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 DocumenlS . 11 . The date t hat this contract was "made and entered into" and its effecti ve date is the date chat the contract is the signed by the C ity or, if the contract is required to be approved by resolution of the C ity Commission, then the Effective Date is the date of t he resolution approving the Contract whichever is the later date. 12. All provisions, cond itions and n:mrictions 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 C ity Manager in the managers sole and a bsolute discretion. IN WITNESS WHEREOF, the parties hereto have executed this Contract o n the day and date set forth next to their name below and may be signed in one or more counterpan.s, each of which will, without proof or accounting for the other counterpart. be deemed an original Contract. CONTRACT~~ &dlu,d,{?JI S',IJ;w;'.6"s1 j)-k ATTEST ED: Signature: -=-~""=..-cc------------- Princ Signatory's Name: 4t2Jia'Zo q', · M/Jo2-Q Title of Si gnatory: --~--'~....;.;..;:::;...~c£....;:;;...l.:;.•;;;.4....;....; _____ _ OWNER: CITY OF SOUTH MIAMI Signature: d.ov.-:. d:r-~~• Shari Kamali City Manager Read and Approved as co Form. Language. Legality. and Execution Thereof: 6 3 o f 93 ARTICLE I -DEFINITION$ EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS PASEO PARK IMPROVEMENTS RFP #PR2022-14 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 Contraet 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 refer 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. ~plication for Paxmem: A form approved by the City's consultant (CONSULT ANT). 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. ~ 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. ~ 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 Contraet Price or the Contract Time issued aher execution of the Contract. Work Order Prol)Psals: 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. ~ 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. Cjr,y Manapr; Includes the Ocy Manager's designee. Construction Observer; An authorized representative of CONSULT ANT, 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. Cont.rag Documents; The Contract Documents include the Contract between OWNER and CONTRACTOR. other documents listed in the Contract and modifications issued aher 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 Wo~ and written modifications co any of the Contract Documents. Conq;ag Price; The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Conu:act Tjme· The number of calendar days stated in the Contraet for the completion of the Work. Contractinz 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 CONSULT ANT in the Supplementary Conditions or, if none. then OWNER's designated representative as identified in the Supplementary Conditions. Qax; 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. 64 of9J Qin: 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. Defectjye Work: Work that is unsadsfactery, 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 Docu~nts, or has been damaged prior to CONSULT ANTS recommendation of final payment (unless responsibility for the proteetion thereof has been delegated to OWNER); substiwtions 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. Drawinp; 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 CONSUL TANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph I 0.2. Modjfjcatjon; {a) A written amendment of the Contract Documents signed by both partie5, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by CONSUL TANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSUL TANT pursuant to Paragraph I 0.2. 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-conformjnz Work means work that does not conform to the Contract Documents and includes work that is unsatisfactery, 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 CONSUL TANT's recommendation of finaJ 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 CONSULT ANT) 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. ~ The City of South Miami. &u:mn: An individual or legal entity. ~ The entire construction operation being performed as delineated in the Contract Documents. fgJjg; 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. ill: Request for Proposal. Sc9pe 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 Drawinp· All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontracter, 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 materiaJs, equipment or workmanship and establish standards by which the Work will be judged. Spedfic;ations· 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 CONSULT ANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documenu, so that the Project. or a substantiaJ pare. 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 substantiaJly 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 65 of93 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. ~ 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. ~ The individual or entity who is an obliger 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. ~ Any and all obligations, duties, and responsibilities necessary for the successful performance and completion of the Contract. ~ The term "Notice" as used herein means and includes all written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS AYarsJ.i 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 Contraa 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 Polic:y of lhsurance, 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 ( I 0) 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. Forfejr,ure of Bid Securjcy/Per:formaoce and Payment Bond iC ao)' ace ceguiced b)' the applicable RFP· 2.3 Within ten ( I 0) 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 ( I 00%) 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.S, 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 ( I 00%) 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 (S) years. 66 of 93 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 Contraa 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. Comcaaoc's Pce:Sraa 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 aJI 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 Documencs. CONTRACTOR aJso 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 Prgject; 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 co run, except with the written consent of the City Manager. Before Startin1 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 CONSULT ANT any conflict. error, or discrepancy which it may discover. Neither OWNER nor CONSULT ANT 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 conflia. error, or discrepancy in the Contract Documents. Schedule of Completion- 2.8 Within Five (S) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR. CONTRACTOR must submit to CONSULT ANT 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. CONSULT ANT will approve this schedule or require revisions thereto within seven {7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project. the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre.construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment. and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER'S representative, CONSULTANT. Resident Projea Representatives, CONTRACTOR, and its Superintendent. Pualificatioos of Sybcontraaoa 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 CONSUL TANT 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 67 of 93 Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list. CONSULT ANT will notify CONTRACTOR in writing if either the City Manager or CONSULT ANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSUL TANT 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 constiwte a waiver of any right of OWNER or CONSULT ANT 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 complementaryi 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 CONSULT ANrs 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 CONSULT ANT 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 CONSUL TANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacwrer'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. app1icable State Building Code. Flor;da 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 CONSULT ANT. as the material or product so specified. Proposed equivalent 68 of93 3.9 3.10 3.11 items must be approved by CONSULT ANT 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). 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. All technical interpretations will be made by CONSULT ANT as set forth in Section 9.3 below. CONTRACTOR must advise CONSULT ANT, prior to performing any work involving a conflict in the Contract Documents and CONSUL TANT 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 (f) (g) (h) (i) 0) Written or figured dimensions Scaled dimensions Drawings of a larger scale Drawings of a smaller scale Drawings and Specifications are to be considered complementary to each other ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availabilit.Y 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 Condjtjons· 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/ CONSULT ANT 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/ CONSULT ANT. Diffecinr Sice 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 69 of93 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 daim 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 CONSULT ANT. ARTICLE 5 -INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Superyisjon and Supecioteodence: 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 alJ 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 manufaeturer 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.S 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. Wod<, Materials, Equipment, Pcoduru 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 CONSULT ANT 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 CONSULT ANT. 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 70 of 93 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 substiwtion of a material, article. or piece of equipment of equal substance and function for those referred to in the Cont.net Documents by reference to brand name or catalog number, and if, in the opinion of CONSULT ANT, such material, article. or piece of equipment is of equal substance and function to that specified. CONSUL TANT may approve its substiwtion 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 Contraet Price or the Contraet Time. 6.6.2 No substirute may be ordered or installed without the written approval of CONSULT ANT 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. Reiection 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. Conceminr 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 CONSULT ANT. unless CONSULT ANT determines that there is good cause for doing so. 6.8 CONTRACTOR is 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 direcdy 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 contraet with CONTRACTOR. nor may it create any obligation on the part of OWNER or CONSULT ANT to pay or to see to payment of any subcontraetor or other person or organization, except as may otherwise be required by law. City Manager or CONSULT ANT may furnish to any Subcontraetor 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. 71 of 93 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 responsible for the coordination of the trades, subcontractors, material, and men engaged upon their Work. 6.12.1 CONTRACTOR must insert in all subcontracts relative to the Work appropriate provisions to bind Subcontract0rs to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontract0rs 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 CONSUL TANT will not undertake to settJe any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULT ANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULT ANT 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 staws, or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Parent fees and Rqyalties: 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 CONSULT ANT 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. ~ 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 li&bting; 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 CONSULT ANT. 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 Beiulacions: 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 CONSULT ANT 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 CONSUL TANT, 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. Discrjminacion· 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 Worlc that would discriminate against any person on the basis of race. color, creed, reJigion. national origin, sex, age. sexual orientation. familial status, or disability. 72 of 93 ~ 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 Canu-act Price stated by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is 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. Emer:&eocjes· 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 CONSULT ANT or City Manager. is obligated to act. at his discretion, to prevent threatened damage. injury, or loss. He must give CONSULT ANT 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 thererore as provided in Articles 11 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. Shgp Drawings and Samples· 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSUL TANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT 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 dearly as to material, manufacturer. any pertinent catalog numbers. and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSUL TANT. 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 prompmess Shop Drawings and Samples, buc 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 CONSULT ANT 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 CONSULT ANT, 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 CONSULT ANT that CONTRACTOR has either determined and/or verified all quantities. dimension, field construction criteria. materials. catalog numbers 73 of9l 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 submittaJ of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved In writing by CONSULT ANT. 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 CONSUL TANT in writing. by CONTRACTOR at the site and must be available to CONSULT ANT. 6.27 CONSULT ANrs review of Shop Drawings or sampla will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULT ANT, in writing. to each deviation at the time of submission and CONSULT ANT 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. 6.27 A CONTRACTOR is liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULT ANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cteaninr Up· 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work. and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work. from the property, roadways, sidewalks, parking areas. lawn, and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract. so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private. which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public; Cooveoieoce 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 Opi!ned. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanitary Proyjsions: 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. lodemnjfigtjon: 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 CONSUL TANT 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. 74 of 93 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULT ANT, 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 inscructions by CONSUL TANT, 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 S. I of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOP.'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. ResponsibiJit.Y for Connection to Existin2 Worlc 6.35 CONTRACTOR must connect its Work to each part of the existing Work. existing building or structure or Worlc 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.af- ways of so-eets, 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 CONSUL TANT 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. Coqperation with Govemmeor.al De.paomenrs Public Urmties, 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'1 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 Premjses· 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 CONSULT ANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR may 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 endangeriL 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULT ANT and OWNER as well as their instructions with regard to signs, advertisements, fires, and smoking. 75 of 93 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontract0rs. 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 Subcontraetors. Temporary offices must be provided and located where directed and approved by CONSULT ANT. All such facilities must be furnished in strict accordance with existing gQVe1"ning regulations. Field offices must include telephone facilities. Protection of Existinz Pcapen,v lmprovemencs· ~.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. ir 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 CONSUL TANT 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 Worl< and may only cut or alter their Worl< with the written consent of CONSULT ANT 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 Contraet Time. he may make a claim therefore as provided in Articles 11 and 12. 7.5 Whe1"e 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 CONSULT ANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contract0r 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 contract0rs working on the Project Site must keep themselves informed of the progress of the worl< 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 immediateJy 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 satisfaaory 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. 76 of 93 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 CONSULT ANT. 8.2 In cases of termination of employment of CONSULT ANT. the City Manager will appoint a CONSULT ANT whose status under the Contract Documents will be that of the former CONSULT ANT. 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, Cit.x' s Representative; 9.1 CONSULT ANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULT ANT 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 CONSULT ANT'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 CONSULT ANT 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. Yisits to Site; 9.2 CONSUL TANT 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 CONSULT ANT 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 Ouantities: 9.4 All Work completed under the Contract will be measured by CONSUL TANT 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 CONSULT ANT will have authority to disapprove or reject Work that is ·oefective 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 CONSULT ANT 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 77 of93 fumiwre 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 Prawinp Cban&e Orders and Payments· 9.6 In connection with CONSULT ANT 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 CONSULT ANT responsibilities with respect to the Application for Payment. etc .. see Article 14. Decisions on Pisaveeroeor.s; 9.10 CONSULT ANT will be the initial interpreter of the Construction Documents. Limitations on ConsulJ;ant's Responsibilities: 9.11 CONSULT ANT will not be responsible for the conscruction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULT ANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontraaors. or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE Io -CHANGES IN THE WORK, I 0.1 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 Conrraet 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 CONSULT ANT 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 refleaed in the Change Order. 10.2 CONSULTANT may authorize minor changes or alterations i.n 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 wtitten Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULT ANTs Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contraet 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. I 0.3 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 nme, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph I 0.2. I 0.4 The City Manager will execute appropriate Change Orders prepared by CONSULT ANT 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 Contraet Price which is approved by CONSULT ANT. I O.S It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the generaJ Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE 11 -CHANGE OF CONTRACT PRICE, 78 of93 II.I 11.2 11.3 11.4 11.6 11.7 11.8 The Contract Price constiwces 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. 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. 11.1.3 OWNER-furnished facilities, equipment. materials, services, or site: or 11.2.4 Acceleration in the performance of the Work. Except as provided in this section, or sections referred to in this section, no order, statement. or condua of the City Manager will be treated as a Change Order or entide 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. When a Change Order is issued by CONSULT ANT 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. 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 CONSULT ANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment. time extension requested and supporting data. In determining the cost of the Change Order, the costs will be limited to those listed in section 11.7 and I 1.8. 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. 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 I 5%. If CONTRACTOR disagrees with CONSULTANTs determination of reasonable costs, the CONTRACT must provide a list of all costs together with backup documentation The term cost of the Worlc means the sum of aJI 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: I 1.8. I Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of iob classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment. excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation, and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working-hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufaaurers' 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 accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus 79 of93 materials and equipment will accrue to OWNER. and CONTRACTOR must make provisions so that they may be obtained. I 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee. the cost of the Work will be determined in accordance this section 11.8 and in such case the word "'Subcontractor" will be substituted for the word "CONTRACTOR". 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 Worlc. I 1.8.S Sales, use or similar caxes related to the Work. and for which CONTRACTOR is liable. imposed by any governmental authority. I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities. fuel, and sanitary facilities at the site. I 1.8.8 Minor expenses such as telegrams, long distance telephone calls. telephone service at the site, expressage, and similar petty cash items in connection with the Worlc. 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. architeets, 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.S. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph I 1.8.9). 11.9.S Costs due to the negligence of CONTRACTOR. any Subcontractor, or anyone directly or indirecdy 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 wrongty supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any lcind and the costs of any item not specifically and expressly included in Paragraph 11.8. I I . IO 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. I 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%). I 1.1 I 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 LIQVIPAIEP 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. 80 of 93 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 Contraet 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 Chan~ Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULT ANT 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. AH claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approvaJ 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 or 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 materiaJs 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 entided to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct. indirect. consequential, impaet 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 faet 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 CONSUL TANT 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 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 81 of 93 chat 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 ( I 0) 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 diligendy 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 Worl< 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 aJI 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 (S) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim co 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 manufacturet'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. Pa)'Qleors ro Coou:aaoc 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 ( I 0) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULT ANT a partial payment estimate filled out and signed by CONTRACTOR covering the Worl< performed during the period covered by the partial payment estimate and supported by such data as CONSUL TANT 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 worl< 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 I 00% 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 retum the partial payment estimate to CONTRACTOR, indicating in writing his 82 of 93 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 five (5%) 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 Stawte as well as final releases of lien executed by all persons who have performed or furnished labor, service5, or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete. satisfactory. and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project. City Manager will prepare a punch list of items that need to be completed and, within S days aher 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 strucwre, 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. Conrraaoc'$ Waccaocy of Iitle 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 t0 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 •uens"): 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 CONSULT ANrs approval of any payment requested in an Application for Payment will constiwte a representation by him to OWNER, based on CONSULT ANT•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 Artide 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 t0 payment of the amount approved. However. the approval of such payment does not mean and may not imply that CONSULT ANT 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, cechniques. sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him, or that tide to any Work. materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entided 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 refleaed 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 83 of93 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 setdement agreement. otherwise the money will be held by OWNER until a judgment is entered ln favOf' 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 CONSULT ANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable co 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 protea 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.S 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 contraetors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by CONTRACTOR. or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance. City Manager, with the approvaJ 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 accept.1nce 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 FinaJ 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 ro CONTRACTOR within thirty (30) calendar days of completion and acceptance or 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 approvaJ, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that che funds have been transferred into 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 (30S) 663-6343 with any q1:1estions. Acceptance of Final Payment as Rele,ase 14.1 I The Acceptance by CONTRACTOR of FinaJ 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 aJI 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, 84 of93 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 CONSULT ANT 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 ha.s 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 CONSUL TANT de-certifies any portion of the Work that was certified ( .. Initial Certification'') by CONSULT ANT, 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 co a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City Ma)' Terminate I S.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 Subcontraetors 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 CONSULT ANT, 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 Projeet 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 entided 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 CONSULT ANT 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 a.s if the termination had been issued pursuant to Section I S.S I 5.3 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. BS of 93 15.4 Upon seven (7) calendar days· written notice to CONTRACTOR and CONSULTANT. the City Manager may. without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case. CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination. minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. I 5.4A 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 I 5.5 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 prompdy remove any part or all of iu 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 pa.rt. Contractor Ma.y Srop Work or Terminate I S.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 CONSULT ANT fails to act on any Application for Payment within thirty (30) calendar days aker it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULT ANT, 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 CONSULT ANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) caJendar days. If timely remedied by OWNER. the Contract will not be considcred terminated. In lieu of terminating the Contract. if CONSULT ANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten ( I 0) 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 CONSULT ANT is an independent contractor of OWNER. CONSULT ANT 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 Documenu. Therefore. OWNER. at CONSULTANT's request. agrees to provide CONSULT ANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULT ANT harmless as to any decision in this regard before CONSULT ANT 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 CONSUL TANT. 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 CONSULT ANT 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 CONSUL TANT thereunder, will be in addition to, and will not be construed in any way as a limitation of. any righu 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 acu they are legally liable, claim must be made in writing ro the other party within twenty-one (21) calendar days of the first observance of such injury or damage. 86 of 93 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 iury 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 f GOVERNING LAW, 18.1 The Contract will be consuued 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 -PRQIECT 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 conduet 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. 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 Ma.na.ger 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 aJI appellate proceedings. ARTICLE 20 -SEYERABIUTY, 87 of 93 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, t.ax 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 joindy 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 indudc, 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-YERIFYC448.095{2) 24.1 As a condition precedent to entering into this Agreement. and in compliance with Section 448.095, Fla. Stat., Contract0r, and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired aher 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 Contraaor 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.S Any contract termination under the provisions of this Section may be challenged no later than 20 caJendar days aher 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, Contraaor 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. 88 of 93 2-4. I. 7 Su bcontracts. Concraaor or subcontractor must insert in any subcontracts the clauses set forth in t his Section. including this Subsection, requiring t h e subcontraaors to include these clauses in any lower tier subcontracts. C ontractor is responsible fo r compliance by any subconcraccor or lower t ier subcontraa.or w ith the cl auses set forth in this Section and Contractor's fa ilu re co enforce compliance is a substantial and material breach of chis Agreement. ARTICLE lS -ANTI DISCRINI MATION 25.1 Contracto r and all of its employees. subcontractors and subconsulcancs. while perfo rming work for the C ity. incl uding che hiring and retention of employees for the oedormance of Work. are prohibited from d iscriminating against anyone on the basis of race. color, religion, family status, sex (including sexual orientation, gender identity and incersexualicy), height. weigh t. domestic partnership status, labor organization membership. political affi liation. national origin. age, d is ability o r any other classification that is federally defined as a "proteaed class" and Contractor must take all seeps necessary to prevent such discrimination by all of its employees, subcontract ors and subconsultants who are performing work for the C ity and must ensure nondiscrimination in all programs. services and activities chat are part of the Scope of Services. A violation of chis paragraph is a substantial, material breach of this Contract. 25.2 Contractor muse include in all of its subcontracts che following clause: "Subcontract ors and all of their employees, subconcraaors and subconsultancs. while performing work for the C ity, in cluding the hiring and retention of employees for the oerformance of W ork. are prohibited from discrimina tin g against anyone on the basis of race, color, religion, family status, sex (including sexual orientation, gender identity and intersexualicy), height. weight. domestic partnership status, labor organization membership. politica l affi liation, national origin, age, disabi lity or any other classification chat is federally defined as a "prOlecced class". Subconcraccors must take all steps necessary to prevent such discrimination by all of their employees, subcontraaors and subconsultants who are performing work for the C ity and muse ensure nondiscrimination in all programs. s ervices and activities that are part of the Scope of Services. A violation o f this paragraph is a substantial. material b r each of this Subcontract.·· I N W ITNESS WHEREOF, the parties hereto have executed the General Condit ions to acknowledge their inclusion as part of the Cont ract Documents on this «t2_ day or ]111\.L , 20-1!:, ATTESTED: Read and Approved as co Form. Language, CONTRACTOR: ~/iAJeht><-S'.(,y/l·u.s, ~ Signature:-----=-<~....,.,,..._ _____ _ Print Sig natory's N_;d, }l.a,..11"~ Title of Signatory: -1l-un~~'~~--------- OWNER: CITY OF SOUTH MIAMI Signature: £~'~ .. Shari Kama.Ji Cicy Man ager Le gality, and Execution Thereof: ~ -J>; /L l C,Y'i). ,;:,; Signature: , ~ '-" Ci cy Attorney END OF SEC TION 89 of 93 EXHIBI T 6 Supplementary Conditions CONSTRUCTION CO N TRACT PASEO PA RK IMPROVEMENTS RFP #PR2022-l 4 A C onsultant: In accordance with ARTICLE I of the General Conditions the consultant (C ONSULT ANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER's designated r epresentative as identified in the Su p plementary Conditions. CONSULT ANTs, if any, and OWN ER's Designated Representative's name, addr ess, telephone number and facsimile number are as follows: Consulta nt: Marlin En gineering 3363 W. Commercial Blvd. Suite I I S Ft. Lauderdale, FL 33309 Ph: 954/870-5070 B. Termination or Substitution of Consultant: Nothin g herein will p revent the C ity Manager from terminating the services of CONSULT ANT or from substituting another "person" to act as CONSULT ANT . C. Plans for Construction: CONTRACTOR will be furnished _____ sets of Contract Documents without charge. Any additional copies required will be furnis hed rn CONTRACTOR. at a cost to CONTRACTOR equal co the reproduction cost. D. The Scope of Services. also referred co as the Work 1n the contract documents. is as set forth in the RFP and in the attached EXHIBIT I Atta ch ments A, B, C & D to the REP and if there is a conflict the attached Exhibit will cake preced ence. E. Contractor must comply w ith the msur.ince and 1ndcmnifu:;mon requiremen~ is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 t o t he RFP and if there is a conflict the attached Exhib it will take precedence. F. The Work muse be completed in 75 calen dar dgys unless a shorter time is sec forth in the Contraet and in such event the Contract will take precedent nocwithscandmg any provision in the General Conditions to the Contract that may be co the contr.11)'. G . CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous co the site and assumes responsibility for th<! accurarn location of all Underground Facilities and conditions that may affeet the Work. It is agreed by the parties that no additional examinations. investigation s, explorations. t ests, reportS or similar information or data in respect to any Under ground Facilities or conditions arc, or will be, requir<!d by CONTRACTOR to perform and furnish the Work at the Contract Pri ce, within the Concraet Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACT OR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in t he Contract DoCLJments and, if any conflicts, errors or d isc repancies have been found and notice given, CONTRACTOR represents. by submittong its proposal to the C ity Manager. that CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager. that such resolution is acceptable to CONTRACTOR and t hat C ONTRACTOR 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 ,2_1_ day of :'.JL.h(. . 20 2.Z . CONTRACTOR: ~pt...-~~C!<.J , -p.....c.. S,gnature: -------~.c...~..c:;;;.._.:..... __ _ Print Signatory's Name: ~U ~ Ma,.)1 0 ATTESTED: Signature: ...:...0-=-A-__:~~.J..J.--- T itle of Signatory: -1+'-'~,:;:xc~dtJ:"""'=--------- OWNER: CITY OF SOUTH •:~I Signature:gh.,o • 15_~ • Shari Kamali C ity Manag<!r 90 of 93 Read and Approved as to Form, Language. Legality, and Execution Thereof: 91 of93 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A PASEO PARK IMPROVEMENTS RFP #PR2022 -14 I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the "Work"). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. This includes but is not limited to keeping the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment. including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 81 I 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 Schedule of Values Form found in the Scope of Services, Exhibit I, Attachment D. 38 of 93 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, ScOf)e of Services, Attachments A, 8, 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 from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday-See Section 7-15 and 7-16 of the City's Code of Ordinances. IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUM$ THAT MAY BE ISSUED FOR THIS SOLICITATION. II. SPECIFIC REQUIREMENTS: The City is soliciting proposals from highly qualified firms for beautification enhancements and physical improvements at Paseo Park. This project entails but is not limited to the removal of trees; sidewalk improvements: the procurement and installation of new plant species, native trees, a playground swing structure with poured-in-place rubber safety surface, a mini-library, benches, a trash receptacle, and a park identification signage. The installation of LED Lighting is NOT a part of this project I contract. This section of the project will be conducted by Florida Power and Light (FPL). All work must be completed within seventy-five (75) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit I, Scope of Services, Attachment A, 8, C & D. Respondents shall review enclosed specifications, engineering construction plan documents, tree survey details. Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). Ill. SITE LOCATION: The construction project will be conducted at Paseo Park, located at the intersection on SW 63 rd Avenue and 50th Street, South Miami, FL, 33 I 43. IV. DESIGN PLANS & SPECIFICATIONS: "Paseo Park Improvement Design & Construction Plans" for this project are included as Exhibit I, Scope of Services, Attachment 8. A copy of the Topographic Survey is also included as Exhibit I, Scope of Services, Attachment C, "Topographic Survey.,, V. PRICING -LUMP SUM PRICING: Proposal pricing must be submitted in a "Lump Sum" by completing Exhibit 3 "Resf>ondents Bid Form" and shall include all cost associated with completing this J9 of 93 project as outlined in the scope of services and associated design construction plans. It is the City's intention to award this project to a single Contractor. SCHEDULE OF VALUES: RESPONDENTS ARE TO COMPLETE THE "SCHEDULE Of VALUES FORM. EXHIBIT I, ATTACHMENT D." WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT I, SCOPE OF SERVICES. ATTACHMENT D. WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES FORM," THE RESPONDENT MUST INCLUDE ANY TREE MITIGATION ALLOTMENT IN THEIR TOTAL BASE BID. 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. VI. PROIECT DURATION: After permit(s) have been secured/approved, the Respondent is responsible for completing this project within 75 calendar days from the Commencement Date set forth in the Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. VII. WARRANTY: Respondent/Contractor must include the following with their proposal: Applicable warranty and/or guarantees of all material and labor, including: • any conditions; and o guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • life expectancy of LED lighting under normal use; and • failures during the warranty period must be repaired or replaced to the satisfaction of the City; and • the term of the warranty. At a minimum, Respondent/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (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. 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 of93 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 (NOD REQUIRED FOR THIS PROJECT. END OF SECTION 41 of 93 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-14 "DESIGN PLANS AND SPECIFICATIONS" "Paseo Park Improvement Design & Construction Plans" Prepared by: Marlin Engineering 42 of 93 .,.,.. OMPONENTS ./INS SCRll'r/ON 01 Pt.r /Tl 1 15 •10,rs I OE/All P<lSHIGII ,If ~\ •j•,IJotlH•l/1 ''Jlt l'IIHI U 'I'"'" .. ~ "lohl/•1 ltltt• Vt(•tl(•lt,\\ ,o.\U ()ll/'11 .. •M "' 1u1r.-v1o u ,.,, , •·~•· • •1 ,,.,r11 "''"'" •1 1111 ,r,,c11, .... "'""" , ....... , .... , .... , .. ,, .......... .,.,._, .. II "IU•1 oil,,., l (hlO'NI\' lltR:;Ht , .. ,,..,, .. , ..... o• .,.. .......... , CIT Y OF SO UTH MIA MI PASEO PARK PARK IMPROVEMENTS ALONG SW 50TH STREET , Sout~iami FROM 4 50 FEET EAST OF SW 64 TH AVE TO ~•tilil.!. fJ.',1ill '1 .. "l-1111 o.aor COll 'IT Y ,rr or Sllt1TII '1/P -fl 63T H AV ENUE Q" . ~ ~ 0: •ul .. ~ '~<T I~ t:::.. --_ -ltl-1----r l ,_ ,u_\c .· ., -:.~~---.-~ . ·--·. ............ 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"' SCI( coiwrr,0,1:;, Al/0 S/IAll 'IC CliGIIIHR l'Rlr.11 Ill r;TAnl INr, VIOIIK 'IK Sllf Jll l'IIDIFC"T TIIF Pll/11/r Hf/lllH tilln \VfUMIF /111/1(,liS INClllllll:D /IS A llESI/IT OF t"ON~Tnlll'.T/011 /lfT/V,r,r,., ~ll(H .,., DI.IT /,OJ 11/.IITrn ro :11PmG. rr•Ic111r,, rrc •10 11nmr,011A1 cnu1>r,1s.u1011 w111 m r.1vr11 JI IHF COIIIIIA{T(ln SI/All t:f rll-',P!lll/.~/Blf f()R PIIOVll)IIIG A PRCIPFR SIAGIPlr. llflfA 18 THI' C(l//rrlA(l()/1 ~11,tl/ '1S\IC,' r•1f ( llf WITH r11, t,,\Wli/1/G OF Pl/Bl IC /llf1111114TIOIJ IIATEIIIAI S. INllUOIIIG Cl1'?FII 11or,r,c11r1t11, 1111(11\ /Ill() NIOJI ,., (1ll1STRUClll>'I \IMI\ P/1/0FI Tll T'4( sr,mr 0, CIICII 5/C.rilf lCAIII NfllSC nr CllNURur.11r.11. COST OF THIS \VOU.C "'"'" nr //IC""'"' "' Tt<F 11/lltlTflJ,lNCE CIF TRAFFIC nm lrF•• 19 Tl/£ ('flllrtlt,(TOR. It/ COI/JIJtlCl/011 IVITII rnr CITY l'Rr.JECT U/ltU:C.CR. SIMI.L DISTRIBUTC rt/GLISH ll'iD ~rJIJIISII LA'JGl/11/iC PIIRIIC l/lf()Rm,11011 ,irrns Ill lllr· /lflC(.TfO IIESl/lfl/l'i. All'[) BIJSIIIESSES Al tr.AST SP.,Et/ (11 DJIYS nUoRr BH,11/1//tl(, CONi,I111/C-Tlflll COST TO 11T 111(11/t>fr, Ill llt14 1111-1 JlflllllllA1/0II }fl ',ff,r,11/r, 1.'ID IIAIIIIIAI ',TORIIGI-s11,,11 //nr flf fC,.1111:1:'IH) 01/ 118,IIIINr. PfllVIITF PR01'ER1V l'IITHCl/11 APPIIClVAl HIO'I TIIE llllllrll 1•111011 ro l11'f,ll/.'llllr. VIORO:, A IUGIII-CJI ., IJtnr f,hl,,.( Uf.lJT Ill If A~f ff£fl?Ffll Tiff PROPERIY OIVNLII ,1110 TII( (O'lrllllrron SHAii IIF FJCECIITCO WIT/I WPIFS ,.,mvmro rn THI-r1r, CON5rRUCr10II ll/VIIIGCR )I NII 1/TIIITY cor,rAr.r. INVF<;TIC.'1Tln.•1 ,,n l()FIITIFll,ITIO!/ •VII!> ()(1//f n:11w,r, nFSIGN TIIE l"OllfRI\CWR 15 nri;11011s1111r FOR IIIVE<;T,C./111/lG MIO IIVOCVlt/C, 1m•M1.-. 1(1 U/'illl/(, 11/11/llfS Ill/, <,1"111141.IOH S/IALl />'11 S1'11;1,\l /IJH/11111'1 WIii/i 11/STf,l(l/lf, rm; SWING r.Tnurrrmr rntrs. Al/0 Tiff MlllTl-rov OCSllil/Mlll•I ~/(;N TO AVOID llrtllTY UIPll<:H "' ,.II cusr U ,,,f. ((11/1 nAr. Can ,., 1(1 I OlLOVI I IIL IIAl/1/1· /!,(TUii( tr.<; ,;ru II ICl\110,'IS MIO WIVHl1ll S WIIL II rtln /llllllr, "' ru, ,;wrm; SIRI/CfU/11. ~,11,rrr IIR('A, Allll lll/111 1'C1S1 PAR,: DF~/C,I/AT/011 ~Ir.II JJ Tiff (ONTfl/lCIOR 'illAll PHOVIOC $11111' f>ll/111/IN(i", (I/ ,111 fO!IIPHI1" 10 Bf u,sr,,ufO T() 11/L fNr.11,CCII (11 nrron11 IOH n[V/CII NIIJ Al'l'IIOV/11 /4 111( C.ONJRAr.11111 SI/AIL Pll(lV/tlC ~,r.,,rn fv !ilillCO CAICIIIAl/11//S A/11) DFIMlll<G OCIMI!. ron ltlf IOUIWIIIIONS or IHI:· !,\V/1,(, STRUC,11111( A/10 r11r 1111/Tl•Nl!,I P/IR/C ()f'ilC,IIATIO:/ SIGII OHAWll1r.s ,IH() CAH'Ol/1110115 A'IF ro BE SUCJI.IITTFO FOil llfVll"W nr Jlt[ Cll(;INtlH ()I RHUIII) '" -~--------MARLIN 11' PAS.iO PARK I "!':' (· •• r. I ' I • n l " r. -- •• "."°°' AGUI.\O,PI ·"• »o 0 •0 ·~ Soutl..' M1am1 .,,, n ((l.ll'ltll~)·.~10~"~c:~1•:; ·~-93,1n01 ·111 t "' ~-·· t11 , .. , •• , I \ ,., GBN.ERA.l, NOT.ES I l C-3110 3 i . <: ~ ~ " .. C' § :! ., r. ~ .. >: '!.? lFUOVE ASPHAIT 'AIIEJAENT NSTALL SOD !+00 t'OIIST Ii" CONC Sf/( ISi FLAfi!, \ :£ l'lf ,,mr,R~~~CO . •'..~~:.!. l_ll,11~~· ··!l ,16 86 I 18 5.1 L~~ ~ .. ,a. !. ' _,,,;--I CO tAUI' ---·I r,1' r:r.;1:.:~,;-1\• -<ff BY FPL .''.ltl' ·I CONS1 4" COIIC. sm:. ,s, FlAGS •615:? :?487 LT =WAY i J I IJCIST. J \ l ll /;; .. '~• l "' \ \ PROP8FIICfl :0 k / &1 :) ~ \ ' ~1 N +1191 (1119 lTI / LED UHP l -7. , 99 , ·, ,. • nr FPL Sh: . .: /"1tHI rr .. _ PROP BC NCH • +79 38 _ I !1 •-::./ , -. ·, --;: -:--- .,,,. '"" lTI • ' ••• J.. . . \' I ....... " ,,,,~ , .. .,, • f>~tr•l.98 :-:~Y;- • •. • ••• •. SOD :-:-:-:-:1 INSTALL -- 'I 8 I V =)li-••••••••• • ---•---ff ·.··-·.·•:•:-+916010001 •U·X··· ... , ·,-1• / -----· / l l-,/ ___ __ l?(] ----rf.v. -- IIN Ar.PtlAL 1 PAVUltNT -~ S,W. 50th STREET TOTAL R/W=SO' PROI' ".•1T/Vr TRl'F SPFCIES~ IYSIL0/-111 L/111511(11//IU '\V/10 rAt.fllRIND' VJS ii: •1-: ·:·:·:I PARI( OE!>tG11A110N ·s1GN ___,,,. =·=·======:=:;;\.__• : w)!}!}! '-'<i t~ ::::::::::::~i:~;_-_;_-:_.~~:i::::=:=;~:=:~;_;_:-:-~i ____ ---(ffl-.)'~~- ---- ' /.'\ -►..--i SfD vrGFTIITION I "QU[EN EMMA' 'JYP.J ETF SIDEIYAlK rl /' 51DHIAlK IJ 1418-012 .,., ',I TO R[IAAIII) ,no,oscn """"on ClUSIA ROSCA l-72) 7GAl(TYP,1 TRfES TO BE RENOVEO: 6-9. ti· 13. 11, 19•21, lG-JO I.,: ~,,. ({ ,.1-: I 10 R[IAAIH) ~~~~c:::rir:G:1~~,.5l'lCIE1 'IIVr OAK' CONSTRUCT SWIIIG MODEL KSV/924 s11rc,r SURFACE AREA 821 SF WfTH RIIBBF.R cuns HJ702 /3S0 Rrl I ..... , I ,~;:;[\\·A•• (~~1:~ I I I I l I I / ··,, \.------;. ·-~:__-~1 ~ ,\,,,, ~;-,-- / •. / , PIICll'OSCD IIEGETATIOfl tRINUM "QIJ[CN EMMA' 45 GAl (TYP,I I I ~ ~ii i n':~ u ~ .. I I =i ·1;,: ~ i:c, ~ ... j ~ I: ~ :x t~ .. ,.,,~ bf . * ~ ~ .. ;: ... ! ~ '!I .: l! ~ i ~ :! ~ :!; "' ----------------------.----------------,--------,=--------r--------------------,----,~ ......... ·-. MARLIN ~ PASEO PAHK ~•:fotl I ._ 1. I ~ F F ll I II G tPt ,..IWIDO/ t,GUWl,,t •P.E. ~-e•01~ SoutH ''M1am1 "'I n. co,,~~~~1,:~~;;~1,ot..; •~ 9.smo, '"' "" '" n, '"'' ''""• CIVI.LP.LAN C-400 , ..... r,,,-,.,,.,-,,~.,..,.,. ... ,. •• , ...... -,.-..,,·-.. ••••••• -,.., .. ,.,. flltf' t}· ' ---i 12· r.11,11 6·11 1'1" Depth o l f,ome 31,· to mAtch dopth of background panol nod depth ol logo loqoswi,r -,,t l/1"10)""'1'1t• IJl'ldt SOSJ/!1-0!S 11'.min.um LO<J• h m,(11,nlully wltnrd to <lgn ltf\1(1\.1" w'th conmlfd, J 16l SS f.a\ltntf\•idu,r.dcl'hH rfqllrtd cn,10,~1111,oo,orwlth• wtCtor POI log) F.a:wiu.tcf IOP,'tT,~t .,,., <I' ...... to dtti9'" •'Id (,r, priof lo f.it,,u~ 5l)qf 1/r fl} lor,o P,IMtd .,,j p,ar.ltd. ltWT nil, tNftnt~t.c!r SOUISOl61lum1"um W/M.itll>tw\Ut)11c pofyutf'ltll l'lf ln.a~IA~Sfcwtplr<HIOlllmt •W\ltk. )161. SSl.aneM:n l/<"1411w:,,tP1todi~btil·dbjo ,§1.J 631 Wen 27th SL HialC>h , Fl 33010 Ph: (305) 885-7◄00 lnfo @ neonslgnsotutions.com ·Stale Uconse ES 12001789 LicenHC & Insured 6• 6 . .,., -s,.,u,~~,.-~n,r,.,,11no1 ... ,.,.. lei • sts grldt'SOllf5.CS6,unnu.11r.a~1u-9i, ;: JW(Ollfmnrl &16°1lWw,,1hkbffl~1njfliD lwl':tdtnht&INmt'9'dt. S3&)1S016 -po,t,(t,ol Job Nnmo: ~!IJ!_lli.L!l!9ml=.fodd D SIVL ,--p====-r,,r,,r,-r-1-. ,.:'.:;.!.'-lo... 12" _.-----wucca:e""°'ctrcHltd. )16lpn lrnm ~it.ltd,: uu,Bt.Kl. l 09>1Sl1m a.11/l'I0lp,lll'\lrd --nurl~r"9'1Ct.-..U. , .... ""'"'"'""-"''ll' Sb..C.lnw:1'tot<l'.>'td.J l6l SS .... ,, 1'2" bfftrf'n l'\dM1rttorkHffqu!rtd. IWp,n&ttMU-Ti:>'lputlh)wl •n),r1~,M~~wr1,rk ---Canc:.,tllP found41UO"I ~- I ,. n •· r COt<llr't rQOICW.llOH JOOOP1,IW(ffWl.'1oC!fl 1~0,,~&lbt111 •1fdlllff"'t COY.K t """''"''• ,1a·1 tB · NOTt Ail cor-:rn l)bt wl"totd (rt'tffldl of llwrp,d<J"p;o,ro ..... '"'I kOIIURP IDGUWl\l!I AI LOWfD ~-, T 4&.nh..-nt,Al!IIMUtd-, pnduncc11\lotht1/C b.lc\.w,ip,ru-1 -) 0 1 )0 t l/l"w11h,primrd~Jh•1 f-.Mitd horo1orlM "'"nnt~S011/SQl6~ po1nllyp) D;r. bt-ew--groond ,brran pom k\~"1..lnlltooJ l•rCJID tt~nt, (Ol"Uf'(tloot,nq ~- y. ,~c16·, .. .t00ftba1J IOl>cpo,llolbyl.,t,,c,:"C,,-d contttit~MINOl~uc~i Address: O.-.te.: Drawn By:tf Revision: Scale: //2"'=1'-0" Cus tome r Approval Name 5,gnature 01110 l;t516,'lm)5'!TO(VIU lll',11 Tll llOIBITCI NECH SIGH IDWTIOffl U,C /jl)K,ll''«lll(lm>N\\\Ql~l<M W,fl ClJTV~111Wll/16110'1 l<!lCH IIWllll!llJ.',IDl'0'/1\TIIOl<OIMtffl IWl10"'171Al!A!Ol,WD,AlUll\'!Oll MCDIJOL\,"OI ,a!lliln:INCl!lliH 1Wl11!119W!IIKCJU,1"'1!Cllll llITTCHIOVIMCHr, 6AIUOl!l DESIGNATION SIG/✓ Ot:TAIL MARLIN I ' t. 'j t I A I 1 -~'\0olt'(II -r,UM,,_.,1 ,~I ~• ••0)) t1•tw """'',;,~ ... ~~.~.,-:'•~', :,S'f'of 9))H,. Sou t~iami P,4SEOPANK C7f'i'L PLAN ~.,,r, .. I (•40 1 l::o I: ~ ;;; ~ ~ w , i ::, .. .. .., OOS-J .0-,L • .1111 rWll 9L I ,111"91!8 •- w:>10L , .r.c .. w:>1•z:1.U·.L. i,l&,'AS>I 7.FY.£30 ..lN!INdI/103 .YKJ-'d OK.~Yd .------- ! I I I I I I ... ---· ,,"' ' ......... _. ! -------.: : :: : ~ :: 6'. .. '1 •1 •1 ,, Lt -----, ~ : ~ : -----, I I I I I I I I I II II II II II II II II II :------· 1 ______ _ -------It_ ___ _ : -----· lu.ostOII .u-.cc U H I • J .I I'll I •• ' ' ~)]"l i I I -I I . I I I CITY OF SOUTH MIAMI -PASEO PARK EXISTING TREE DISPOSITION SHEET TREE BOTANICAi. NAM£ COMMON NAM/:· ntllltl•rAbl 111.tmtrtt,,., .~,.,,,.,.,,,t,,,, Atl1tli,11/ll,\'f,...,..,,.,-,,.,, CONDITION ACTION j NO. I Snbal palmetto Cabbage Palm IS IS IO 154 Good Remain 2 Sabal pAlmctto Cabbage Palm 15 IS IO 132 Good Rcmnln 3 Quertu!I vij?lnlana Southern 1.ive Oak IS 20 20 1,224 Good Remnin 4 Ficus nurca Strani:ler Fig 12 25 Ill 1,305 Good Remain s rtychnsperma elegans Solitaire Palm 12 18 10 90 Good Remain 6 Plumcria spp. Frangipani 15 22 18 500 Foir Remove 7 Delonix rel!ln Royal Poieiono 15 45 25 999 Fair Remove 8 Livcnstona chlncnsis Chinese Fan Palm 12 50 H 36 Fair Remove 9 Qut!rcus vlglnlana Southern Live Oak 24 45 18 l.050 Good Remove 10 Quercus viginiuna Southern 1.ive Oak 24 25 20 3.328 Good Remain 11 Scheffiero actinophyllo Qucemdand Umbrella 20 35 20 420 NIA Remove : 12 Scheffiera actinophylln Queensland Umbrella 20 .l5 20 486 NIA Remove 13 Scheffiera actinophylla Quet'nsland Umbnlla 8 20 12 475 ~/A Remove 14 Quercui; vigininna Southern Live Oak 36 40 40 2,728 Fair Remain 15 Sabal palmcllo Cabbage Palm IS.SO 13.25 24 144 Good Remain 16 Sabal palmetto Cabbai:e Palm 12.30 8 22 120 Good Remain 17 Sabal palmetto Cabbage Palm II 6 18 81 Good Remove 18 Sabal palmetto Cabbage Palm 9.20 7 12 35 Good Remain I 19 Adonidia mrrrillll ChrlstmDII Palm 19 27.S0 20 100 Good Remove 20 Adonldla merrlllll Christmas Palm 20 28.S0 20 100 Good Remove 21 Plumcrla spp. Franglpanl 9.50 16 211 l00 Fair Remove 22 Ptychospcrma cleuans Solitaire Palm 2 IO 10 16 Good Remain 23 rtychosperma c:lcgans Solitnlrc Palm t.75 17.50 16 63 Good Remain 24 Ptychosperma dcgans Solitaire Palm 2.75 12.50 18 77 Good Remain I 25 Ptychospcrma elc~ans Solilairc Palm 2.75 25 19 90 Good Remain 26 Ptychospcrma elegans Solitaire Palm 3 32.50 22 120 Good Remove 27 Ptychosperma etcaans Suliloire Palm J.75 41 21 110 Good Remove 28 Ptychosperma elc!!ans Solltaire Palm 3.25 37.50 23 132 Good Remove I 29 Ptychosperma rleuans Solitaire Palm 2.25 23.50 22 120 Good Remove 30 Ptychosprrma clrs:ans Solitaire Palm J 34 22 120 Good Remove 31 Ptychosperma clcgam; Solltalre Palm 3.25 29 JR Kl Good Remain I 32 Ptychosperma elruani; Solitaire Palm 4 37.50 24 144 Good Remain .. , , , ', ,. ' .. MARLIN r,t, PASEOPAHK ~H{(F 1 ""'· 1 ''·""'"'"'----·· -~o I .. r. I 'I I l ~ I II r, ,'Ul\1.\NDOI AGVIAR,PI •P J. No ".o,, South Miami TREB PISPOSITION (.(i(J() nn tJ ,;e,.u,t,:~~• .. ~~~!~\c.' ~~-;~ ~~;,c,$ 9]ln:, rrndl\f-ffll'-' ... 1ll'• •,. .. . ' ... ~. . . , ..... ·-... -., ... ,,, .... ., ............ _ ...... . . . -., .......... .,., ............ , EXHIBIT I SCOPE OF SERVICES ATTACHMENT C NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-14 "Topographic Survey Prepared by: Terranova Surveyors, Inc. 50 of 93 AS-BUILT AND TOPOGRAPHIC SURVEY OF: A POHT10N OF THE RIGHT-OF-WAY OF SW. 50 STREET. LOCATED WEST OF THE INTERSECT10N WITHS W. 63 AVENUE, AND BEING A PORT10N OF THE !=AST HALF OF THE N.W. t/4 OF THE NE 1/4 OF THE S.W. t/4 OF SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 !=AST, LYING AND BEING IN MIAMI-DADE COUNTY. FLORIDA. 0 \· ,s.o·. l ;10· I• ,r , •••· ~ •· ' , ..... 1,,,C' .t.'l~~k l-39.B' IR) I )' _______...A l R~25 00' {RI I I r-24 86' IRl ~ !IQ... ' . '. • .. ,.,,·01·1111; ', .. w • ... ,'I l't• ,1u 1r •· 8 , ·•·• I , ·. ,. .. "" ;-;-D-,.-~~--··-•·-----~ • .,.,. ..... ,.,_,,'!Al \·. , / l11' ------\...!..!!!'-· ___ •-• I • J ~~lt 1, ID j£i; "'• ,~ \t w I _; ~ '. t><i ,>;' S.W. ,o,h S !KOi, I •• ~, f ~\ ) • •un· l: . :" -":'--.,.. ~ _,,,,,,, __ J :S -i-01A111,.;,~ -rn.-r-·~ -----+ , ,,.,. (11 If \Cf1' ,....,...--'"""'' ·r f1 o• .. __ :_:,..._ -·~a-- •IIIM•' ,,...,.-it:.• ,... I •. ,.,;· <; '\.~(,.'.l~;l!ld~ 101 ,~ 1,.•t• .... C, "JC. ll\" 1,·1 ... \ •tan· ,\l.\'f\ '\'UH'\.• ~-:.:=_i;~o:=c~,'ii7-5F...:::~..::~ w":T.-==-i:F.:!.~"'--:-.. -::r...n-:: ,:r.': .. v:.~ '/;,.r::,:r•f lltV-, I ■,,_., lfr"lfNt• .....,_.,,o.--,_,,,. .. ,,.._ ..... ~'~=-=-~-:a:-.:-.:-!~ -:0~ ~a:-'~ ~ -=---~'='-~--==-11--::'Uu..· ~~" = I --~MIOIIIU'ltt ....... .,. ...... -nc'Dl, .. l....,.....,_.........,. I· , ,cr,r-----·, tTV QMl---.. _,. ;<> ·z~·. . ., ., -i' ·.' 587"2S'OO"W 80 oo· lRI ◄ H l'll'PO" !lt'..\.!J!~L'I.Ul•l.."'!· f\,.,., .................... .,..,.... ~ ftl( _..... crat'"'f ~ ~ 01 .... fc,,,J ft) ..,.,.ecr. ...... ,cu..a•--.... .,...... ....... .... !:= t,-0._"J..#!4: ___ JI ,n, '°"' .. Q ..... , • ., ... _. ••.. ,nrutwa,or«-'I"• ~eour....=.=.,·~·£ ~:.=' .. ~ ua-.a -c.-nil........, ~3 ~tAr7 l\77J SS7'7S'O0"W 80.00' IRI ~!i •• __ u. ... ,a, ,a __ n.rrr,,,c .. ::~~=:ma •t---~-(II-., t:·--=~;. ~ .... ,. ,, ., ..... , ·,• •.• \ .. ~;.·~·z, •:I~-·:·.: ~ s ..... " [~ II ,,· -~-l__,) ...... ,(. ,,., I 1~. . -I =,. .. ! Jl r,• . '"' . ···1: r .,. ~ '~( . :1 I~~ ft~ '"ff•"" \1,; -~ ., .. •!!..!.!••t.M.!!!.'~ to CnY or SOUTH ......... ?.. 5~~~.:,~ ~-:..=-= ................ ~-u.-•-· ... ., ..... l(.IIC'IQ,9"Nlft10I ... ...,... .... ~~-IIIClllll,-QftC.-..C-............. ~, ~1P1•..v..an•,...11CCQ.Wl'et-~RtlJIMQ,..,,_..., .. TREETA&E ~;1:::-=· ~ :: ====-- • urotll¥ ctQ1"#1' ""'' 1111\ A.!,•lllJlll /OHtl I~ ~ W..\ Oft'< UW( UJll){R II" oorr~ro,. N4.' 10 !Ul O[~ 0, .,, -loc:t IH> su-r. 11 a?~~~~.Ii:'=£.-":lt-,i-U t..-:-':!.~~~~ ... .r.:..-.. ~-== -=~~=-'~~--=-= f..'\:.C:-:..~ .. -~ " ..... °"'. ~~~!':1::-.~.:~--.--.. -· .. .... ~--=c.=..~ .. -=11 .. tlffllftMl._..O-........-al .... tllll =--~~.':r'-=.:n.t.= .. ~--=-= ;u.~ ... u,41--..... C,I-~ ... __..,,,_,..._..,__...,. E-:'=.~c!:..:S:~:===~ ~wa~ri ,s ; ,, •; ,•. ., I~ ..• ,. ,. .. r•c•_ ---~~:...,.. ::.---~=~ I __ fWfl..,..._,I~ •u. ---~IIQ.S • __ ci--.lllG1 , ___ _ .... __ .... It.Ill .!, A --ACCIIRAlf lTMlt-or ,. $UflW[T """ vtm IM{ ~,~ or NUC111:t \U rem,, 8' oq n-BOMI> o, PllorlUO>AL ~NCO~~• t;,\AP!lll !a.l•U flt M f\OlllQ4 ~IW coor Pl,jCISIINfl n, sttllCPI 411 on fl(JA,OA !IIAIUII"' nir nru, "°"" WAS CouPl£1FC ON __,, 10. zozz ~~P W(;;Jlfl. "-IROU[TA rRo<C~~ SUIN[YOI! AND .,....,PLII NO 11957 Stott Or rU1R10A fTqAA'IOVA SUR\ltYOIIS, INC l 9 110,5 ~ffln,il ,...o, ... ,."""°"'fW',-C'• com Roi& 6:-:::;:, ... (Q "~~-~~~::-- z r- EXHIBIT I SCOPE OF SERVICES ATTACHMENT 0 PASEO PARK IMPROVEMENTS RFP #PR2022-14 "SCHEDULES OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON-RESPONSIVE 52 of 93 PAY ITEM DESCRIPTION UN QUANTITY COST TOTAL ROADWAY ITEMS 0101 I MOBILIZATION LS I 0102 I MAINTENANCE OF TRAFFIC LS I 0107 I UTTER REMOVAL AC 5.20 DI07 2 MOWING AC 5.20 0110 I I CLEARING & GRUBBING LS 1.00 0110 4 10 REMOVAL OF EXISTING CONCRETE PAVEMENT SY 23 0110 21 TREE PROTECTION BARRIER LF 40 0120 I REGULAR EXCAVATION (TREE PLANTING) CY 54 0522 I CONCRETE SIDEWALi< AND DRIVEWAYS. 4• THICK SY 31 0522 2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK SY 21 0527 2 DETKTABLE WARNINGS SF 10 0570 I 2 PERFORMANCE TURF. SOD SY 262 0580 5 24 LANDSCAPE-TREES, CRINUM AUGUSTUM QUEEN EMMA 45 GALLON EA 9 OSBO 5223 LANDSCAPE-TREES, LIVE OAK QUERCUS VIRGINIANA EA I 0580 5702 LANDSCAPE-TREES, CLUSIA ROSEA EA 72 0580 5762 LANDSCAPE-TREES, LYSILOMA LATISILIQUA WILD TAMARIND EA I 0700 2 14 MUL Tl-POST SIGN, F&l GROUND MOUNT, 31-50 SF AS I 0751 37 TRASH RECEPTACLE EA I 0751 38 15 BENCH. F&I, RECYCLED PLASTIC EA 2 X-9990 SWING MODEL KSW924 AS I X-9991 POURED-IN-Pl.ACE RUBBER SAFETY SURFACE, 827 SF LS I X-9992 RUBBER CURB EDGING, I 47' PERIMETER, LS I X-9993 MINI LIBRARY EA I X-9994 PROVIDE FINAL AS-BUil T PLANS LS I Total 53 of 93 SUBMITTED THIS PROPOSAL SUBMITTED BY: Company Name of Person Authorized to Submit Proposal Signature Title DAY OF ---------20_. Telephone Number Fax Number Email Address END OF SECTION 54 of93 Insurance EXHIBIT 2 PASEO PARK IMPROVEMENTS RFP #PR2022-I 4 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-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 11 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: 55 of 93 • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence: Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • 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 11 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. 56 of 93 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 AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (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 ( I 0) 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 57 of 93 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. 8. 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 Sectiqn 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which, indemnification is required. 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 58 of 93 THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 EXHIBIT 3 PASEO PARK IMPROVEMENTS RFP #PR2022-14 RESPONDENTS BID FORM I. If this Propo~I is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami ln 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 Se,v;ces, Attachment A, 8, C & D) for the Proposed Price as set forth ~low. 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 ( I 0) 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 carefully studied aJI reporn 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 acknowtedges that no additional examinations. investigations, explorations, tests. reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre.bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent. if awarded the contract. will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations. tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions 59 of9J 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, tesu, 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 fuwre 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 direcdy or indirectJy 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: / 0 Cf, tJ 3 ?-, dollan and __ ........:.r---=-/ ___ cents Alternates: #I ___ -______ #2 _____ -_________ _ A fee breakdown for each wk included in the lump sum contract price. if applicable, must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I, Scope of Services. Attachment A, 8, C, & 0 shall be completed, in full, within 75 calendar days from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. The terms used in this ProposaJ which are defined in the Contract have the.same meaning as is assigned to them in the Contract Documents. unless specfficalfy defined in this Solicitation Package. 8. r( 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 60 of9l 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. 64,.&(~ Cot\~~.s 9. This proposal is submitted by ~f6 (L ~IQ whose address is fa&CtJW-5'1!':g.Je42,u,.1i.. _________ • whose telephone number is '.21<.3?!8861 , whose fax number is __ ______ • whose email address is CPJA4;:'4ll~~:t~d~i•'.,~ and whose authorized representative signing this Bid Form is A,a.wr O a, ~. L whose tide is~ I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent. 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. rf • I hereby certify under penalties of perjury that I am the lawful representative of the business · ed in this Bid Form. that I have authority to bid for that entity, that I have authority to s' CAJ.il'1~ at entity and bind it to those contract terms and that all of the information and represen~~~~~~ed herein are true and correct. Date of Execution: _ __.C,..__...l.-.Z:-fi~l--~----,_ ____ _ [Print signatory's name] END OF SECTION 61 of 93 PAYfTEM DESCRIPTION UN QUANTITY COST TOTAL ROADWAY ITEMS 0101 I MOBIUZA TlON LS I lo,ooo \0,000 0102 I MAINTENANCE OF TIW'RC LS I ,OD ,00 0107 I UTTER REMOVAL. AC 5.20 ~()O \7(.{'1 0107 2 MOWING AC S.20 l0l.) <;20 0110 I I CUAIUNG & GRUBBING LS 1.00 lO, Ql)0 ,o,oou 0110 4 10 REMOVAL OF EXISTING CONCRETE PAVEMENT SY 23 tob. 1-t ,,~-04' 011021 TREE PROTECTION BARRIER lF 40 2") \,bOO 0120 I REGIAAR EXCAVATION {TREE Pt.ANTING) CY 5-'4 IOD (0 I 'l tO 0521 I CONCP.ETE SIOiWALK AND ORl\/1:WAYS.. •• THICK SY 31 ~, 3,0.,0 · 2~ 0522 2 CONO.m SIDEWALK AND DRIVEWAYS. 6" THICK SY 21 q7 t. :,4 l. b~ OS27 2 OETECTABlf WARNINGS SF 10 I.¾ ~ b \ 1 · bO 0570 I 2 PERFORMANCE TURF, SOD SY 262 ". fi) 7. ?~ l 05 05,80 5 241 LANDSCAPE· TRE.ES. CRINUM AUGUSTUM QUEEN EMMA •s GALLON EA 9 4q 'j 5, l 1-_7). t5 OSSO S223 LANDSCAPE· TREES, LIVE OAK QUERCVS VIP.GINIANA EA I \ '~ ;o \,1\u, 0580 S702 LANDSCAPE• TREES. CWSIA ROSEA EA n 4b ~,3 ll OSSO S762 LANOSCAP£· TREES. LYSILOMA LATISIUQUA 'MLO TAMAAIND EA ! l,{J, Zb ,, y (J~ 1~ ~b<q 1. -0700 2 1-4 MUl Tl-POST SIGN. F&I GROUND MOUNT. ) I ,SO SF AS I 1b~1 07SI 37 TRASH RECEPTACLE EA I I b'jq. --' ,o;q 0751 )8 15 BENCH. FA!, RECYQ.fO PLASTIC EA 2 u,n ..,~ i1;1!?. 1.\ X-9990 SWING MOOa KSW92◄ AS I I~ .!:f;{/) \ '1,650. ~.) X-9991 POUREO-IN-PLACE RUBBER SAFETY SU Rf ACE. 827 SF LS I ll9, 2& !1v zz· ro It;, t, 4 %,f #' t.1;&t .,. X-9992 RUBBER CUR& EDGING. 1'47 PERIMETER. LS I X-9993 MINI USP.AA Y EA I ~1u.W 1 i.f tJ.lb ,, .. X,ffl.4 PROVIDE FINAL AS-BUILT PLANS LS I 7..110 l l'JO. To~I 1, 10t D31 ·1 \ 53 of 93 SUBMITTED THIS DAYOF :Io....t.. fROPOSAL SUBM11JED ~Y: ~ • ~ e"al 'O-vJolc.-.,J7) _,.__ Co any A~ rt L0 µf ~ 'Name of Person ~d to Submit Proposal Signature~ ro,'# ' Telephone Number Fax Number A-f2..--r e_. .@~ l)h.ON -C~. Corl.1, Email Address END OF SECTION 54 of93