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Res No 119-22-15872RESOLUTION NO. 119-22-15872 A Resolution authorizing the City Manager to enter into an agreement and to procure professional construction services with M & J Consulting Group DBA M & J General G.C. for new park improvements at Fuchs Park. WHEREAS, in 2021, the City successfully completed construction of a new pedestrian pathway/trail along the perimeter of the pond at Fuchs Park; and WHEREAS, on January 18, 2022, the Mayor and City Commission passed and adopted Resolution No. 009-22-15762, related to professional contract documents for additional improvements at Fuchs Park. Some of the proposed new improvements entail bollard LED lighting along the perimeter of the existing pathway and a commercial aerating fountain system at the pond; and WHEREAS, through the Procurement Division, the City's Parks and Recreation Department issued a Request for Proposal ("RFplI ) on Thursday, August 11, 2022 for construction services related to the installation of power-operated LED bollard lighting and a commercial aerating fountain system (pond area) at Fuchs Park. The City received bid proposals from two (2) firms as outlined below; and Bidder's) Bid Price M & J Contractors $260,737.50 ./ Unitec, Inc. $439,500.14 WHEREAS, the proposal/contract amount shall not exceed $260,737.50; and WHEREAS, city staff recommends entering into an agreement with M & J Consulting Group DBA M & J General G.c. for this project. 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 execute a contract and to procure professional construction services from M & J Consulting Group DBA M & J General G.c., Inc. for new park improvements at Fuchs Park in the amount of $260,737.50. The City Manager is also authorized to utilize contingency funds in the amount of $26,000 (10%) for unforeseen conditions in the field. The total expenditure shall be charged to the Parks and Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of $423,647 before this request was made. Page 1 of2 Re s. No. 11 9 -2 2 -1 5 872 Section 3. Corrections. Co nfo rm i ng lang u age o r tec hn ica l scr ivener -typ e co rr ec ti o ns m ay be ma de by th e Ci t y Atto rn ey fo r an y co nfo r m in g am e ndments t o be in co r porate d i nto th e f in al r es oluti o n fo r signature. Section 4. Severability. If a ny sect i on cla use, sente nce , or p h rase o f t h is r eso lu tion is for any reaso n he ld in val id or unco nstitu tiona l by a co u rt of com petent jur isdiction, the h o l ding will not affect th e va lidity of t h e re m a in i n g porti ons of t hi s re sol ution. Section 5. Effective Da t e. Thi s resolut io n will become effective i mm ed i ately u po n ad o pt io n . PASSED AND A DOPTED th i s 20th d ay of Se ptem be r , 20 22. ATIE ST: READ AND AP PROV ED AS TO FO RM, LAN GU AGE , LEGA LIT Y, AN D EXECUTION THEREOF c dS~1fr APP ROV E : COMM ISSION VOTE : Mayo r Phil ip s: Co mm is si o n e r Harris : Co mm iss io n e r Gil : Co mm iss i o n e r Lie bm an: Co mm iss i one r Corey : Pa ge2 of 2 5-0 Yea Yea Yea Yea Yea EXHIBIT 4 CONSTRUCTION CONTRACT PHASE II -PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR20n -19 THIS CONTRACT was made and entered into on this ~ day Of ~hk .2022 . by and between M&J CON SU L liNG GROUP CORP DBA M&J GENERAL CONTRACTORS (he;eae;:referred to as "C o ntractor"), and the Ci ty of South Miami (hereafter r eferred to as "Own er "), through its City Manager (hereafter refe rre d (0 as "City"). C o ntractor, (o r the cons id eration set forth herein. hereby agrees with Owner as fo ll ows: I . Contractor m ust furnish all lab or. materials, equ ipm ent. machinery, tools. apparatus, tra nsportation , and any other items necessary t o perform a ll of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. T he Contract Documents must include t his Contract, General Conditions to the Contract, if any, the drawings, plans, s pec ificat ions and pr oject manual , if any, a ny supplementat·y or specia l conditions, other documents r e fe rring to this contract a nd signed by t he parties. the solicitation documentS ("hereinafter referred t o as "Bid Documents") and any documents to which thos e documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of t he documents described herein. 3. C ontractor mus t commence the W ork to be performed under this C ontract on a date to be s pecified in a N otice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract D oc um ents . 4 . O wner hereby ag rees t o pay to Contractor for the fa ithfu l performance of this Contract, s u bject to additions and deductions as provided in the Contra ct Documents and any properly approved , written change orders, in lawful money of the United States, the Lump Sum amount of: TWO HUNDRED SIXTY THOUSAND SEVEN HUNDRED THIRTY SEVEN AND 501100 ___________________ Dollars ($ 260 ,737 .~ (Spell Dcll~r Amcu,,: ~bo"l:) ("C ontract Price"). S. T he expenses of performing Work after regu lar working h o urs, and on Sunday and legal holidays must be included in t he Contract Price , Th e City may demand, at a ny point in time, that any part, or all, of the Work be performed after regu lar working hours. In such event, the Respondent w ill have no right to additiona l compensation for such work. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance un less specifica ll y authorized or instructed in writing by the City. 6 . If the W ork is expected to require more than one month , Owner wi ll make month ly partial payments t o Contractor on th e basis of a du ly certified and approved schedule of va lues for th e Work performed during each calendar month by Contractor. less the retainage (all as provided for in the Contra c t D ocuments), which is to be withheld by Owner until completion and acceptance of the complete project in accordance w it h this Contract and the o t her Contract D ocuments and unti l such Work has been accepted by the City. 7. Upon submission by C ontractor of evidence satisfactory to Owner that a ll labor, material. and other costs incurred by Contractor in connec t ion with the construction of the Work have been paid in full, a nd after complia nce w ith the terms for payment provided for in the Contract D ocuments. fi na l payment on account of this Contract must be made within sixty (60) calendar days after the comple ti on by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. S. Th e Work must be complete d in 90 calendar days. In the event that Contractor fails to complete the Work wi th in the time limit stipu lated in the C ontract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particu la rl y se t forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of $! .000,00 doll ars per d ay, 9. It is further mutually agreed between the parties herNo that if a Payment a nd /o r Performance Bo nd ("Bo n d") is reqUired and if, at any time after the execution of this Contract and the Bon d for its fait hful performance and payment. the City deems the Sure[), or Sureties upon such bond(s) to be unsatisfactory, or if. for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppli ers, Contractor must, at its expense within five (5) business days after the receipt of notice from the City so t o do, furnish an additiona l bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In su ch event, no further payment to C o ntractor 51 of 82 will be deemed to be due under this Contract until such new or additional security for the fai t hfu l performance of the Work is furnished in the manner and in the form satisfactory to the City. 10 . N o additional W ork or extras may be done un less the same is du ly authorized in writing. and in advance of the wor k, by appropriate action by the City and in accordance with the Contract Documents. II . Th e da te that th is contract was "made and entered into" and it s effective date is the date that the contract is the signed by the City or, if the contr act is required to be approved by resolution of t he City Commiss ion . th en th e Eff ect ive Date is the da te of the resolution approving the Contract whic hever is the later date. 12. All provis ions, conditions and restrictions contai ned in the bid document entitl ed In stru ctions to Respondents are made a pa n o f this agreement by reference. Any conflict between that document and this contract o r the exhibits to thi s contract ar e to be reso lved by the City Mana ge r in the managers so le and absolu te discretion. IN WITNESS WHEREOF , the parties he r eto have executed this Contract on the day and date set for th next to their name below and may be signed in one or more counterparts, e ach of which wi ll. without proof or accou nting for the other counterpart, be dee med an origina l Contract. M&J CON SULTI NG GROUP CORP OBA M&J GENERAL CONTRACTORS CONTRACTO R: ______________________ __ Signawre: --C-----:f-\--~--f+------- Pr int Signat o ry's N a me: CESAR DE LUN A T itle of Signatory : _V_P_-_C_G_C _________ _ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: -'-:"-lI:-"'7"e.lf.------Signatu r e: -'--''-f6,A'"'-----''+-U<'-'-- Read and Approved as to Form. Langu age , Lega lity, and Execution Th ereof: 52 of 82 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS PHASE II -PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 -19 ARTICLE I -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically 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. Application for Payment: A form approved by the City's consultant (CONSULTANT), if any. or the City Manager which is to be used by CONTRACTOR in requesting progress payments . .Illit The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds· Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to CONTRACTOR signed by the City Manager authorizing an addition. deleti.on or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work prOVided by OWNER to CONTRACTOR. The proposal includes line-item pricing, where there are multiple locations, and the timeframe for completing the work. ~ The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager's designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager: Includes the City Manager's designee. Construction Observer: An authorized representative of 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. Contract Documents· The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies. the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the draWings issued prior to execution of the Contract. Change Orders, Construction Change Directives and any written order for a minor change in the Work. and written modifications to any of the Contract Documents. Contract Price· The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time· The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer· The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR· The person, firm, or corporation with whom OWNER has executed the Contract. CONSULTANT· The person identified as CONSULTANT in the Supplementary Conditions or, if none, then OWNER's designated representative as identified in the Supplementary Conditions. ~ 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. 53 of 82 Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I a.m. at the start of the next day. Therefore. in computing any period of time prescribed or allowed by the Contract Documents. the day of the act. event. or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday. Sunday. or legal holiday. in which event the period will run until the end of the next business day that is not a Saturday. Sunday or legal holiday. Defective Work: Work that is unsatisfactory. faulty. or deficient in that it does not conform to the Contract Documents. or does not meet the requirements of any applicable inspection. reference standard. test. or approval referred to in the Contract Documents. or has been damaged prior to CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized. any deficiency in the Work. materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT. or if none. then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. Field Order: A written order issued by CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties. (b) a Change Order signed by both parties. (c) a written clarification or interpretation if issued by CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph 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-conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory. faulty. or deficient or that does not meet the requirements of any applicable inspection. reference standard. test, or that does not meet any approval required by. or referred to in. the Contract Documents. or work that has been damaged prior to CONSU L TANT's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified. City Manager will execute and deliver the Contract to him. Notice to Proceed' A written notice given by City Manager to CONTRACTOR (With copy to 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. Owner The City of South Miami. ~: An individual or legal entity. Project· The entire construction operation being performed as delineated in the Contract Documents. Policy: The term "policy" as used in the Contract Documents means the insurance binder. if it is issued. the declaration page of the policy and the body of the policy. including all endorsements. ill: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop Drawings: All draWings. diagrams. illustrations. brochures. schedules. and other data which are prepared by CONTRACTOR. a Subcontractor. manufacturer. supplier. or distributor. and which illustrate the equipment. material or some portion of the work and as required by the Contract Documents. Samples' Physical examples which illustrate materials. equipment or workmanship and establish standards by which the Work will be judged. Specificatjons' Those portions of the Contract Documents consisting of written technical descriptions of materials. equipment. construction systems. standards and workmanship as applied to the Work. Subcontractor: An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion' The date. as certified by CONSULTANT. when the construction of the Project or a certified part thereof is sufficiently completed. in accordance with the Contract Documents. so that the Project. or a substantial part. can be utilized for the purposes for which it was intended without restriction or limitation to any degree. other than for the repair of minor "punch list" items; or if there be no such certification. the date when final payment is due in accordance with paragraph 14.9. However. in no event will the project or portion thereof. be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion. issued by CONSULTANT. will be null and void if it is based on false. misleading. or inaccurate information. from any source. or when it would 54 of 82 not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by City Manager to be minor "punch list" work. Supplier: Any person or organization who supplies materials or equipment for the Work. including the fabrication of an item. but who does not perform labor at the site ofthe Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor. services and materials used on the project. Work: Any and all obligations. duties. and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein means and includes all written notices. demands. instructions. claims. approvals. and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended. or to an authorized representative of such individual. firm. or corporation. or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing. any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation. as it deems necessary. to establish. to the satisfaction of the City Manager. which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be. in the sole discretion and satisfaction of City Manager. to be sufficiently responsible. qualified. and financial able to perform the work. In analyzing a Bid. the City Manager may also take into consideration alternate and unit prices. if requested by the Bid forms. If the Contract is awarded. the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract" 2.2 At least four counterparts of the Contract, the Performance and Payment Bond. the Certificates of Insurance. the Binder of Insurance if issued. the Insurance Declaration Page if not included in the Policy of Insurance. the Policy of Insurance required by the Contract Documents. the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and. in such event. each counterpart separately executed will. without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond if any are reQuired by the applicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award. CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers. material man. laborers. or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4. 2.3.5. and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05( I). Florida Statutes. CONTRACTOR must ensure that the Bond(s) referenced above are recorded in the public records of Miami-Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety. having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. SS of82 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570. current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents. Work. locality. and with all local conditions and federal. state, and local laws. ordinance. rules. and regulations that may in any manner affect performance of the Work and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations. reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: . 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article I). prior to the date on which the Contract Time commences to run, except with the written consent of the City Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict. error. or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm. damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error. or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion· 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval. an estimated construction schedule indicating the starting and completion dates of the various stages of the Work. and a preliminary schedule of Shop DraWing submissions. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre-construction conference will be held to review the above schedules. to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR, and its Superintendent. Oualifications of Subcontractors Material men and Suppliers· 2.10 Within five (5) business days after bid opening. the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or eqUipment) proposed for those portions of the Work as to which the identity of 56 of 82 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 CONSULTANT has reasonable objection to any Subcontractor. person. or organization on such list. The failure of the City Manager or CONSULTANT to make objection to any Subcontractor. person. or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor. person. or organization. Acceptance of any such Subcontractor. person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective Work. material or equipment. or any Work. material. or equipment not in conformance with the requirements of the Contract Documents. 2.1 I 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 l-CORRELATION. INTERPRETATION. AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict. error. or discrepancy in the Contract Documents. it must. before proceeding with the Work affected thereby. immediately call it to CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict. error or discrepancy. the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words "furnish" and "furnish and install". "install". and "provide" or words with similar meaning will be interpreted. unless otherwise specifically stated. to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned. but which are essential to produce a complete and properly operating installation. or usable structure. providing the indicated functions. must be furnished. and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards. including material. style. finish. strength. class. weight. and other applicable characteristics. as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project. and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof. and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications. CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature. when referenced. must be dated. and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes. or standard specifications or other data published by regulating agencies or accepted organizations. including but not limited to National Electrical Code. applicable State Building Code. Florida Building Code. Federal Specifications. ASTM Specifications. various institute specifications. and the like. it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names. where used in the technical specifications. are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent". when used in connection with brand names. will be interpreted to mean a material or product that is similar and equal in type. quality. size. capacity. composition. finish. color and other applicable characteristics to the material or product specified by trade name. and that is suitable for the same use capable of performing the same function. in the opinion of CONSULTANT. as the material or product so specified. Proposed eqUivalent 57 of 82 items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name. catalog number. model number. or other identification. is used without the phrase "or equal". CONTRACTOR must use the brand. make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSULTANT. prior to performing any work involving a conflict in the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents. only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a gUide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions. if any (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (i) Drawings of a smaller scale (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 OWNER will furnish. as indicated in the Contract Documents. the lands upon which the Work is to be done. rights-of-way for access thereto. and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The City Manager will. upon request. furnish to the Bidders. copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions' 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work. including but not limited to those bearing upon transportation. disposal. handling and storage of materials. availability of labor. water. electric power. roads and uncertainties of weather. river stages. tides. water tables or similar physical conditions at the site. the conformation and conditions of the ground. the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character. quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site. including all exploratory work done by OWNERI CONSULTANT on the site or any contiguous site. as well as from information presented by the Drawings and Specifications made part of this Contract. or any other information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNERI CONSULTANT. Differing Site Conditions: 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery. and before such conditions are disturbed. notify the City Manager in writing. of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. and 58 of 82 4.4.2 Unknown physical conditions at the site. of an unusual nature. differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The City Manager will promptly investigate the conditions. and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of. or the time required for. performance of any part of the Work under this Contract. an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; prOVided. however. the time prescribed therefore may be extended by the City Manager. but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE 5 -INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means. methods. techniques. sequences. and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who must be designated in writing by CONTRACTOR. before CONTRACTOR commences the Work and within the time required by the Contract. as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications. Drawings. Addenda. Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of "As-Built" drawings. as well as the original Specifications. Drawings. Addenda. Modifications and Shop Drawings with annotations. will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. Labor. Materials and EqUipment: 6.2 CONTRACTOR must provide competent. suitably qualified personnel to layout 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 6.5 Work 6.6 All materials and equipment must be new. except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved. such materials must be delivered to the site in their original packages or containers with seals unbroken and labels intact. All materials and equipment must be applied. installed. connected. erected. used. cleaned. and conditioned in accordance with the instructions of the applicable manufacturer. fabricator. or processors. except as otherwise provided in the Contract Documents. Materials Equipment Products and Substitutions· Materials. equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials. equipment. or products. together with such samples as may be necessary for them to determine their acceptability and obtain their approval. within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material. article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number. it is understood that this is referenced for the S9 of 82 purpose of defining the performance or other salient requirements and that other products of equal capacities. quality and function must be considered. CONTRACTOR may recommend the substitution of a material. article. or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number. and if. in the opinion of CONSULTANT. such material. article. or piece of equipment is of equal substance and function to that specified. CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials. equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced. together with any Work disarranged by such alterations. at any time before completion and acceptance of the Project. All such Work must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of. or reject items which are found upon examination. not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection. items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR. the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested. to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor. against whom the City Manager or CONSULTANT may have reasonable objection. nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT. unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR. nor may it create any obligation on the part of OWNER or CONSULTANT to payor to see to payment of any subcontractor or other person or organization. except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable. evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any DraWings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 60 of 82 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is 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 Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex. age. sexual orientation. familial status. or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Patent Fees and Royalties: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention. design. process. or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims. damages. losses, and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials. appliances. articles. or systems prior to bidding. However. he is not responsible for such determination on systems which do not involve purchase by them of materials. appliances. and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions. there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR. when necessary. in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and lighting· 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship. for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations· 6.17 CONTRACTOR must comply with all notices. laws, ordinances. rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith. it must give CONSULTANT prompt written notice thereof. and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws. ordinances. rules. and regulations. and without such notice to CONSULTANT. it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws. ordinances. rules. and regulations. Discrimination· 6.17 A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract. including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race. color. creed. religion. national origin, sex, age. sexual orientation. familial status, or disability. 610f82 Taxes: 6.18 Cost of all applicable sales. consumer use. and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is responsible for initiating. maintaining. and supervising all safety precautions and programs in connection with the Work. They m'ust take all necessary precautions for the safety of. and must provide the necessary protection to prevent damage. injury. or loss to: 6.19.1 All employees and other persons. who may be affected thereby. 6.19.2 All the Work and all materials or equipment to be incorporated therein. whether in storage on or off the site. and 6.19.3 Other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. roadways. structures. and utilities not designated for removal. relocation. or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies· 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from CONSULTANT or City Manager. is obligated to act. at his discretion. to prevent threatened damage. injury. or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time. he may make a claim therefore as prOVided in Articles I I and 12. The City Manager reserves the right, in the City Manager's sole and absolute discretion and when in the best interest of the City. to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami. its residents or businesses and that has been declared an emergency by the Governor. Mayor of Miami-Dade County or by the City Manager pursuant to the City Manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances. In such event. the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples· 6.22 After checking and verifying all field measurements. CONTRACTOR must submit to CONSULTANT for review. in accordance with the accepted schedule of shop drawing submissions. six (6) copies (or at CONSULTANT option. one reproducible copy) of all Shop Drawings. which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions. design criteria. materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review. with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR. identified clearly as to material. manufacturer. any pertinent catalog numbers. and the use for which intended. 6.24 At the time of each submission. CONTRACTOR must notify CONSULTANT. in writing. of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples. but his review is only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. CONTRACTOR must make any corrections required by CONSULTANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT. in writing. of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities. dimension. field construction criteria. materials. catalog numbers 62 of 82 and similar data or they assume full responsibility for doing so. and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each approved sample must be kept in good order. in a book or binder. in chronological order or in such other order required by CONSULTANT in writing. by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULTANTs review of Shop Drawings or samples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULTANT. in writing. to each deviation at the time of submission and CONSULTANT has given written approval to the specific deviation, nor may any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27 A CONTRACTOR is liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Ue: 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work. and before acceptance of final payment for the Project by OWNER. CONTRACTOR must remove all his surplus and discarded materials. excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn. and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract. so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private. which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safet;y: 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. IIStreet Closedll signs must be placed immediately adjacent to the Work. in a conspicuous position. at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular. the City of South Miami Police Department before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanitary Provisions· 6.31 CONTRACTOR must provide on-site office. and necessary toilet facilities. secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification· 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand. CONTRACTOR. upon written notice from the City Manager. must defend such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense. at OWNER'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT. excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 63 of 82 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT. its agents or employees arising out of (a) the preparation or approval of maps. drawings. opinions. reports. surveys. Change Orders. designs. or specifications or (b) the giving of or the failure to give directions or instructions by CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR's subcontractors. sub-subcontractors, materialmen. or agents of any tier or their respective employees to the extent caused by the negligence. recklessness. or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Resl20nsibility for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage. paving and any other construction or installations in rights-of- ways of streets, highways. public carrier lines. utility lines, either aerial. surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates. in triplicate. from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement. storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and. in any case. sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Del2artments Public Utilities Etc· 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments. public utilities, pUblic carriers, service companies and corporations (hereinafter referred to as "third parties") owning or controlling roadways, railways, water. sewer, gas, electrical conduits, telephone. and telegraph facilities such as pavements, tracks, piping. wires, cables. conduits. poles. guys, etc .. including incidental structures connected therewith. that are encountered in the Work in order that such items are properly shored. supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments. public utilities. and others in repairing or moving poles. conduits. etc. CONTRACTOR must cooperate with the above parties in every way possible. so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws. ordinances, and regulations which in any manner affect those engaged or employed in the Work. or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work. and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises· 6.38 CONTRACTOR must confine its apparatus. storage of materials, and operations of its workmen to the limits indicated by law, ordinances. permits and directions of CONSULTANT and City Manager. and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR 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 endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and OWNER as well as their instructions with regard to signs. advertisements. fires. and smoking. 64 of 82 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors, and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install, and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULTANT. All such facilities must be furnished in strict accordance with eXisting governing regulations. Field offices must include telephone facilities. Protection of Existing Pror;>erty Imr;>rovements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof). trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 -WORK BY OTHERS. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR's Work. 7.3 CONTRACTOR must do all cutting. fitting. and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting. excavating. or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract. written notice thereof will be given to CONTRACTOR prior to starting any such additional Work. If CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entitles him to an extension of the Contract Time. he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable. CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc .. are impracticable, the Work will require specific approval of CONSULTANT. 7.6 Necessary chases. slots. and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSU L T ANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice. untimely notice. failure to respond to notice. Defective Work or lack of coordination will be CONTRACTOR's cost. 65 of 82 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested. to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 -CITY'S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT. the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or partially completed portions of the Work. notWithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION. City's Reeresentative: 9.1 CONSULTANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER'S representative during construction are set forth in Articles I through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANT's decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract. all claims, counterclaims. disputes. and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof. will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site· 9.2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws. rules. and regulations. On the basis of these on site- observations as an experienced and qualified design professional. he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Intereretations: 9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications. or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary. which will be consistent With. or reasonably inferable from. the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation. it will be required to submit a timely claim as provided in Articles II and 12. Measurement of Ouantities· 9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work- 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site. installed or completed as prOVided. If CONSULTANT requires testing of completed Work. the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing. including but not limited to the cost of testing and inspection. the cost of repairing any of the Work. or the work of others. the cost to move 66 of 82 furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed. must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples. see paragraphs 6.25 through 6.28. inclusive. 9.7 In connection with CONSULTANT's responsibility for Change Orders see Articles 10. I I. and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment. etc .. see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter ofthe Construction Documents. Limitations on Consultant's Responsibilities: 9.11 CONSULTANT will not be responsible for the construction means. methods. techniques. sequences or procedures. or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR. or any Subcontractors. or any of their agent. servants or employees. or any other person performing any of the Work under or through them. ARTICLE 10-CHANGES IN THE WORK. 10.1 Without invalidating the Contract. the City Manager may. at any time or from time to time. order additions. deletions. or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order. CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. an equitable adjustment will be made as provided in Article I I or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. I 0.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT's Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time. it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter. otherwise CONTRACTOR will be deemed to have waived such claim. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time. except in the case of an emergency as provided in paragraph 6.21 and except as prOVided in paragraph 10.2. 10.4 The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work. to be performed as prOVided in paragraph 4.4. and Work performed in an emergency as prOVided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE I I -CHANGE OF CONTRACT PRICE. 670f82 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or 11.204 Acceleration in the performance of the Work. I 1.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 1104 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for. the performance of any part of the Work under this Contract. for which the City Manager and CONTRACTOR cannot reach a timely agreement. an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. 11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSU L T ANT. it must. within ten (10) calendar days after receipt of a written Change Order. submit to the City Manager and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for eqUitable adjustment. time extension requested and supporting data. In determining the cost of the Change Order. the costs will be limited to those listed in section 11.7 and 11.8. I 1.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price will be determined in one of the follOWing ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis ofthe reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSUL TANT's determination of reasonable costs. the CONTRACT must provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by City Manager. such costs must be in amounts no higher than those prevailing in Miami- Dade County and may only include the following items: I 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to salaries and wages. plus the costs of fringe benefits which may include social security contributions. unemployment. excise and payroll taxes. workers' compensation. health and retirement benefits. sick leave. vacation. and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way. whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work. including costs of transportation and storage. and manufacturers' field services required in connection therewith. CONTRACTOR must notify the City Manager of all cash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will accrue to OWNER. All trade discounts. rebates and refunds. and all returns from sale of surplus 68 of 82 materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities. fuel. and sanitary facilities at the site. 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 Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term "Cost of the Work" does NOT include any of the follOWing: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects. estimators, lawyers. agents. expediters, timekeepers. clerks. and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph I 1.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. including but not limited to. the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: I 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 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 I 1.8. When both additions and credits are involved in anyone change, the net will be computed to include overhead and profit, identified separately, for both additions and credit. provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIME FOR COMPLETION. LlOUIDATED 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. 69 of 82 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liqUidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liqUidated damages incurred by OWNER for its inability to obtain full use of the Project. liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liqUidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR's sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether indiVidually or cumulatively, and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, ariSing because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable. foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21 st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract. other than termination for default or convenience, CONTRACTOR. and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. ·If the dispute cannot be resolved by agreement. then the department with the advice of the City Attorney and CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. ARTICLE 13 -GUARANTEE. 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly. all materials and equipment furnished and Work performed for patent Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued. the Certificate of Occupancy, if issued. or the Certificate of Completion. if issued by City Manager. whichever is applicable and if more than one is applicable. the one 70 of 82 that is issued last. for patent Defective Work .. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly. all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion. if issued by City Manager, whichever is applicable and if more than one is applicable. the one that is issued last. for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect. or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law. rules and regulations. the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1. will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent. on a limited basis for OWNER. at the City Manager's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of. or reject items which are found upon examination. not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. 13.6 If equipment is being provided, the standard manufacturer's warranty information must be delivered to OWNER for all equipment being proposed and. if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. ARTICLE 14 -PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a "purchase order", or any other document. does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month). CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons. firms and corporations who have furnished labor. services or materials incorporated into the work during the period of time for which the previous progress payment was made. releasing such claims and lien rights. if any. of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and SUitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data. satisfactory to the City Manager, which establishes OWNER's title to the material and equipment as well as certificates of insurance prOViding coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft. vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the City Manager, or return the partial payment estimate to CONTRACTOR. indicating in writing his 71 of 82 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 Statute as well as final releases of lien executed by all persons who have performed or furnished labor. services, or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release. the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory. and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one bUilding or structure. or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase. within 30 days of substantial completion of such building. structure. and phase. [See Sec. 255.07. Fla. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 14.3 CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by an Application for Payment whether the Work. material or equipment is incorporated in the Project or not. will have passed to OWNER prior to the making of the Application for Payment. free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work. materials or equipment. covered by an Application for Payment. will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project. under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of payment 14.4 CONSULTANT's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER. based on CONSULTANT's on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data. that the Work has progressed to the point indicated in the Application for Payment; that. to the best his knowledge. information and belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I. to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However. the approval of such payment does not mean and may not imply that CONSULTANT made exhaustive or continuous on-site observations to check the quality or the quantity of the Work. or that he has reviewed the means. methods. techniques. sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him. or that title to any Work. materials. or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or. as to materials included in the request for payment that have not yet been incorporated into the construction. such materials are on the site or stored at an approved location. and (b) payment received from the last payment application has been used to fully pay for all the laborers. subcontractors and materials reflected in that request. other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with 720f82 the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier. the same amount of money will be withheld from CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person. in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if. in its opinion, it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work. or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of liens have been filed or received. or there is reasonable evidence indicating the probable filing or receipt thereof. 14.6.4 the Contract Price has been reduced because of modifications, 14.6.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 contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by CONTRACTOR. or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance, City Manager, with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with CONTRACTOR's completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward. City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security features. with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred 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 (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work. Any payment, however. 73 of 82 final. or otherwise. will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines. because of subsequently discovered evidence or the results of subsequent inspection or tests. that: 14.12.1 the Work is defective. or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed. or in the case of Final Completion certification. is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified. 14.12.3 claims or liens have been filed or received. or there is reasonable evidence indicating the probable filing or receipt thereof that. if valid and paid. would reduce the amount owing to CONTRACTOR by 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which. if deducted from the contract price would reduce the amount owing to CONTRACTOR by 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de-certifies any portion of the Work that was certified ("Initial Certification") by CONSULTANT. CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re-certified. ARTICLE IS -SUSPENSION OF WORK AND TERMINATION. 15.1 The City Manager may. at any time and without cause. suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSULTANT. which will fix the date on which Work will be resumed. Except for the City Manager's exercising his right to suspend or terminate the contract pursuant to Article 6. Section 6.21 due to a state of emergency. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. CitY May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent. or if he makes a general assignment for the benefit of its creditors. or if a trustee or receiver is appointed for CONTRACTOR or for any its property. or if he files a petition to take advantage of any debtor's act. or to reorganize under bankruptcy or similar laws. or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment. or if he repeatedly fails to make prompt payments to Subcontractors or for labor. materials or equipment or he disregards laws. ordinances. rules. regulations or orders of any public body having jurisdiction. or if he disregards the authority of CONSULTANT. or if he otherwise violates any provision of. the Contract Documents. then the City Manager may. without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice. terminate the services of CONTRACTOR and take possession of the Project and of all materials. equipment. tools. construction equipment and machinery thereon owned by CONTRACTOR. and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project. including compensation for additional professional services. such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section. it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 74 of 82 15.4 Upon seven (7) calendar days' written notice to CONTRACTOR and CONSULTANT. the City Manager may. without cause and without prejudice to any other right or remedy. elect to terminate the Contract for the convenience of OWNER. In such case. CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination. minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. 15.4A OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested. to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Eguipment 15.5 In the case of termination of this Contract before completion for any cause whatever. CONTRACTOR. if notified to do so by the City Manager. must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies. the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part. Contractor May StoB Work or Terminate 15.6 If. through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority. or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted. or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT. within thirty (30) calendar days of its approval. and presentation. then CONTRACTOR may. upon twenty (20) calendar days written notice to the City Manager and CONSULTANT. terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER. the Contract will not be considered terminated. In lieu of terminating the Contract. if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said. CONTRACTOR may upon ten (10) calendar days' notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER. CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore. OWNER. at CONSULTANT's request. agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation. de-certifies a payment application. decertifies Substantial Completion. decertifies Final Completion. certifies an event of default. or approves any action which requires the approval of 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 CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions. Special Conditions and Supplementary Conditions. if any. and the rights and remedies available hereunder. and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder. will be in addition to. and will not be construed in any way as a limitation of. any rights and remedies available by law. by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error. omission. or act of the other or of any of their employees or agents or others for whose acts they are legally liable. claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. 75 of 82 ARTICLE 17 -WAIVER OF IURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly. irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action. proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 -ATTORNEYS FEES IURISDICTION I VENUE I GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami-Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes, and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 -PROIECT RECORDS. 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.070 I) while prOViding services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from pUblic records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion 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 Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is liable to OWNER for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY. 76 of 82 20.1 If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees. or agents of OWNER. Personnel policies. tax responsibilities. social security and health insurance. employee benefits. purchasing policies and other similar administrative procedures. applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 -ASSIGNMENT. 22.1 CONTRACTOR may not transfer or assign any of its rights or duties. obligations and responsibilities arising under the terms. conditions. and prOVisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER'S consent to the assignment of CONTRACTOR's rights. The City Manager may, in the manager's sole and absolute discretion, refuse to allow CONTRACTOR to assign its duties. obligations and responsibilities. In any event. OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee. the assignee meets all of OWNER's requirements to the City Manager's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 -FORCE MAIEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God. or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen. prevented or avoided. For this purpose. such acts or circumstances include. but not limited to, weather conditions affecting performance. floods, epidemics. war. riots. strikes. lockouts. or other industrial disturbances. or protest demonstrations. Should such acts or circumstances occur. the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. ARTICLE 24-E-VERIFY(448.095(2) 24.1 As a condition precedent to entering into this Agreement. and in compliance with Section 448.095. Fla. Stat .. Contractor. and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January I. 2021. 24.1.1 Contractor must require each of its subcontractors to prOVide Contractor with an affidavit stating that the subcontractor does not employ. contract with. or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City. Contractor. or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City. upon good faith belief that a subcontractor knOWingly violated the provisions of this section, but that the Contractor otherwise complied. must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor. Contractor may not be awarded a public contract for at least one (I) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 77 of 82 24.1.7 Subcontracts. Contractor or subcontractor must insen in any subcontraC[s the clauses Se[ fonh in this SeC[lon, including this SubseC[ion. requiring the subcontractors to includ e these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontract or or lo wer tier subcontractor with the clauses set forth in this Section and Contractor's bilure to enforce compliance is a substantial and material breach of this Agreement. ARTICLE 25 -ANTI DISCRINIMATION 25.1 Contractor and all of its emp loyees, subcontractors and subconsultants, whi le periorming work for the City. includi ng the hiring and retention of employees for the pe rform anc e of Work, are prohibited from discrim in atin g against anyone on t he basis of race. color. r e ligion, fami ly status. sex (incl ud ing sexual orientation. ge nder identity and intersexua li ty), height, weight, domestic partnership status, labor organization membership, politica l affiliation, nation<l l origin, age. disability or any other classification tha t is federa ll y defined as a "protected class" and Contractor must take all steps necessary to prevent such discrimination by all of its emp loyees , subcontractors and subconsu ltants who are performing work for the City and must ensure nondiscrimination in all programs , services and activities that are part of the Scope of Services. A vio lation of this paragraph is a substantial, ma terial breach of this Contract. 25.2 Contractor mus t include in all of its subcontracts the fo ll OWing clause: "Subcontractors and all of their employees. subcontractors and subconsultants, whi le performing work for the City. including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, reli gion , fami ly status. sex (including sexua l orientation , gender identity and intersexuality). height. weight, domestic partnership status. labor organization membership, po lit ical affi li ation, nationa l origin, age, disability or any other classification that is federa ll y defined as a "protected cl ass". Subcontractors m ust take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsu ltants who are pe rfo r ming work for the City and must ensu r e nond iscrim ination in a ll programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontr<lct ." IN WITNESS WHEREOF , the parties hereto ~~ executed the General Conditions to acknowledge their inclusion as part of the Contract Documents o n this ~day of Sey+e ~r , 20~ CONTRACTOR: M&J CON SULTI NG GROUP CORP DBA M&J GENERAL COt-.'TRACTORS Signature: c---e -f Print Signatory's Nam e: CESAR DE LUN A Title of Signatory : ----"V-'-Pcc-C"'-"G'-'C"-_______ _ ATIESTED: TH MIAMI Signature: -:~--I'~~~l\------Signature: City Read and Approved as to Form. Language , ::;&:?6f City Attorney END OF SECTION 78 of 82 EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT PHASE II -PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR20n -19 A. C onsu ltant: In accordance with ART IC LE I of t he G e n eral C on dit ions the consu ltant (CONSULTANT) is defined as the pe rson identified as t he consultant in the Supplemem ary C o nd it ions o r if no ne, then OWNER's desig nated representativ e as identifi ed in the Suppl e m enta ry Conditions. CONSULTANT's, if any , and OWNER's D esignated Representative's name, address, telephone number and facsim il e number are as fo llows: Consultant: SRS ENGINEERING , INC 500 I SW 74 '" Court Suite 20 I Miam i, FL 33155-4453 Ph : 305/662-8887 Fax: 305/662-8858 B. T ermination or Substitution o f Consultan t: N o t hi ng herein will prevent t h e City Manager from terminating t he se rvi ces of CONSULTANT or from s ubstituti ng anothe r "person" t o ac t as CONSU LTANT. C. Plan s for Construction : CON TRACTOR wi ll be furnished ONE (I) sets of C o ntract Docum e nts without charge. Any additi ona l copies required wi ll be furnished to CO NTRACTOR at a cost to CONTRACTOR equal to the reproduction cost. D. Th e Scope of Services . a lso referred to as the Work in the c o ntract documents. is as se t forth in the RFP and in the a ttac hed EXHIBIT I I Attach m ents A, S , & C to the RFP and if thel-e is a conflict the a ttach ed Exhibi t w ill take precedence. E. Contractor must comply with the insurance and indemnification requirements is set fOI-th in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Ex hib it will take precedence. F. The Work must be completed in 90 calendar days unless a shorter t ime is set forth in the Contract and in such even t the Contract wi ll take precedent notWithstanding any provision in the Genel-al Cond iti o ns to the Contract that may be to the contrary. G . CONTRACTOR has reviewed and checked all information and data with respect to ex istin g Underground Fac ilities or conditions at or contiguous to the site and assumes responsi bility for the accu rate location of a ll Un derground Fac ilities and conditions that may affect the Work. It is agreed by the parties that no additio nal examinations. investigations. explorations. tests. r epo rts o r sim il ar information 0 " data in respect to any Undergrou nd Faciliti es or conditions are. or w ill be. required by CONTRACTOR to perform and furnish th e Work at the Contract Price. within the Contract T ime a nd in accordance with the other t e rms and conditions o f the Contract Doc uments. H. CONTRACTOR has given t he City Manager written notice of a ll con flict s , err o r s o r d iscrepancies that it has discovered in the Contract D ocuments and. if any conflicts. errors or discrepancies have been found and notice given. CO NTRACTOR represents. by submitti ng its proposal to th e City Ma nager. that CONT RACTOR has received sufficient notice of the resolution thereof fr o m the City Manager. that such resolution is acc e ptable to CONTRACTOR and that CONTRACTOR waives any claim regard ing the co nflicts . e r ro rs or discrepancies. IN WITNESS WHEREOF . the parties he reto have 5~ted the ~pplementary Conditions to acknowledge their inclusion as part of the Contract on this day o f J ?~T . 20 ...2..~ CONTRACTOR: M&J CO NSULTING GROU P CORP DBA M &J GEN ::;RAL CON TRAC TORS Signature: C--i-f Print Signat o ry's N ame: CESAR DE LUNA T itle of Signatory: _V:..;P_-..:Co.:G"C"--__________ _ 79 of 82 ATTESTED : Sig nature 10 :f1~ Nkeng£yne C ity Cl erk Sig nature: ...... =~g,L_--====RA:1<2 __ _ R ead and A pproved as [0 Form, Language, :~::%;;~ City Attorney END OF SEC TI ON 80 of 82 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A PHASE II -PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 -19 I. GENERAL REOUIREMENTS: 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 (Le. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 81 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 Miaf!lL 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 C. 38 of 82 All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit I, Scope of Services, Attachments A, S, and C , all federal, state and local requirements, gUidelines and regulations included the Florida Building Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park, pUblic playground safety standards, rules and gUidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday-See Section 7-15 and 7-16 of the City's Code of Ordinances. IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. II. SPECIFIC REOUIREMENTS: The City is soliciting proposals from highly qualified firms for professional construction services related to the installation of power-operated LED bollard lighting along the existing asphalt trail and a commercial aerating fountain system (pond area), as per the design contract documents. All work must be completed within ninety (90) calendar days as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit I, Scope of Services, Attachment A, S, & C. Respondents shall review enclosed specifications and engineering construction plan documents. Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). III. SITE LOCATION: The construction project will be held at Fuchs Park, located at 6420 SW Both Street, South Miami, FL, 33 I 43. IV. DESIGN PLANS & SPECIFICATIONS: "Phase " -Part 2 Fuchs Park Improvement Design & Construction Plans" for this project are included as Exhibit I, Scope of Services, Attachment S, V. PRICING -LUMP SUM PRICING: Proposal pricing must be submitted in a "Lump Sum" by completing Exhibit 3 "Respondents Sid Form" and shall include all cost associated with completing this project as outlined in the scope of services and associated design construction plans. It is the City'S intention to award this project to a single Contractor. SCHEDULE OF VALUES: RESPONDENTS ARE TO COMPLETE THE "SCHEDULE. OF VALUE.S FORM. EXHISIT C." 39 of 82 WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT C. 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 ninety (90) calendar days from issuance of Notice to Proceed/Purchase OrderlEmail 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 • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • life expectancy of power-operated 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. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. SPECIAL NOTE A PERFORMANCE AND PAYMENT BOND IS (NOT) REQUIRED FOR THIS PROJECT. END OF SECTION 40 of 82 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B PHASE II -PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 -19 "DESIGN PLANS AND SPECIFICATIONS" "Phase" -Part 2 of 2 Fuchs Park Improvement Design & Construction Plans" Prepared by: SRS Engineering. Inc. 41 of 82 PLANS F OR PROPOSED PHASE 2 PART 2 OF 2 FUCHS PARK IMPROVEMENTS 6420 8W BOth 8T. MIAMI . FLORIDA 33143 CITY OF SOUTH MIAMI PARKS AND RECREATION DEPARTMENT n l cTOlC ... 000 ... OOtl$ _ , ... _s ,tOOl!> [_'0 nl~TIIICAO. ..... [-3.0 _,_1I!IeS [_'0 tJJ:cllOCAl Dl'o,u [_$0 ...... '..,. .. ' .... PAATlCPANT Cot.'.PAN:ES --..... loC01 $. "" CT. SJJI( >01, ...-nlJl~ 1(L 1""1 '" ISS' ,,, ... • ..... rn> ..... , ........ w ,," _"'''''1,1\....",. TlL 1305, u. JU& SUBJECT PROPERTY lIEC1ION 311 -T~ :lot IIcum -IWIOE 40 E.t.ST LOCATION SKETCH 9CAI...E r-oocr \100% SUBM ITI AL \ PREPARED BY. .. , ........ ~" ..... I ,.-"~ ... ""'.,,., ", ,~ .. ,~" '''',' ... ~." MI" " .. ,.".", .. -,.". .. ... .;(~/.o PROJECT LOCATION Sout~iami I IIE CllY 0 1 I'll"SANl UVING THE CITY OF SOllTtl MIAMI MAYOR SALLY PHIU'S COIA ~IS~ON[RS LUIS GIL JOSH UEBMAN BfilAN COREY WALTER HARRIS CUY MANAGER SHARI KAMAU ICMA-eM DIRECTOR or PARKS AND RECREA1IQN OUENTIN POUGH, CPRP, CPSI ........ o® u.,""'_"""'_""."....,· .. ........... ...,...I'A:><·6gio'l"' ........ '., Ix"-"" .... ' ......... ' ,,"-' _____ or SRS PROJECT #2203 ! • i~ I " ; ;1 • i • • • ; " • " . !/ • ~ , , It , E , I I: i <II • • ! I ji ! ~! ~h I g Ii l i .is 09 NoS 0<:179 )1 8'1 d SH::ln=l , ; I , j ! , , ! ! i t , ! ~ • i ! • ~ i ~ t • i I I. i f , ; " , " I ,"", OJ r ; ; ; r , ~ , 1 ~ , • ! ! • i , I ! ! I , ! \ f I , , , ':!'::: ~ :;: -F--O-N-3-0~3~1 -S~lO~8-~~A-S~~~~~~~~~·lf:·lC~ ON'1 S310N 1'183N30 Ii'!<'l , .- __ ..... _ gEE ... ~ .... _. ~ I .r,', • v , i , ; r , i • I i r l i ~ • l i ! I , • • ~ , H • • ! ~ , j i . ; , i \ \ r I , i • • 1 • i , , , , , ~ • , , I ' ! ! , I • ! i ! , i i I i , ., ! 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' V:: :."~': ~~ __ I II V. ---_ .... __ .---.... ~Ir: phw IIlib 1ft ZlII mit INJ -1-6-250-J Oescrip ticn: 10 li P CATAllNA wilh 360 '!falls or l.EIl lightin g DETAIL SHOWN FOR INFORMA TlON PURPO SES ............. '· ...... n" ..... ' "","",,U '~·)" ....... ~'<" .. , ,-' ~' ...... n'. If ~~~ D 'I'::~~!1:"'~ .J>~.;',';"''''''.''''. </'~''' .. o? .. ~~~:~~: '" 0::1;; ;;:2 cn /j; IO ON ::0;;\ U. ...J ~ W o Z ~ Z ::0 a: , 0: :i 1'1 i LIGHTING PHASE 1'" " I'Q. I ~n .. -.:" ....... ~ ... :<,"'_ ... """'" ...... r ~"'" [ill L 1_ ,tl _____ ~ __ I ~~-,'~:';;;;I[J ELECTRICAL EQU IPf.IENT SUPPORT ELECTR I CAL EQUIPMENT FLOOD ELEVATION DETAIL ELEVATION VIEW ,Ii I 1,\ A, EXHIBIT I SCOPE OF SERVICES ATTACHMENT C PHASE II -PART I OF 2 FUCHS PARK IMPROVEMENTS RFP #PR20n . 19 "SCHEDULES OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON·RESPONSIVE Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's ove rhead, Profit, bond and insurance , and general conditions. Paymen t for this project will be based upon com pletion of the enti re project as a unit price contract, in accordance with the Project Manu al. ITEM ITEM EST. UNIT TOTAL NO. DESCRIPTION QTY COST Site Preparation 1-I Asphalt Repair ' I LS 1·2 Sod I LS Electrical 2.1 Demolition I LS 2·2 light Bo llar'ds I LS 2·3 Hand-Holes I LS 2 ·4 Anchor Bases I LS 2·5 Fountain I LS 2 ·6 Elec trical Equipment I LS 2-7 Wire and Condu it I LS 2·8 Labor I LS TOTAL: 3·1 Permitting I LS 3·2 Survey I LS 3-3 As Built I LS TOTAL PROJECT COST: 42 of 82 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 43 of 82 Insurance EXHIBIT 2 PHASE II -PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 -19 Insurance & Indemnification Requirements A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractorlsub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractorlsub-consultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must prOVide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractorlsub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 44 of 82 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet. the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or poliCies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 45 of 82 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the follOWing endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically prOVided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." 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 46 of 82 issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute, and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages. claims, liability. losses, claims, demands. suits. fines, judgments or cost and expenses, including reasonable attorney's fees. paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct. or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives. employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error. omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees. successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM. its contractor/sub-contractor/sub-consultant or any of their agents, representatives. employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts. and pursuant to Section 725.08 (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 47 of 82 EXHIBIT 3 PHASE II -PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 -19 RESPONDENTS BID FORM NOTE: FAILURE TO COMPLETE AND SUBMIT THE RESPONDENTS BID FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON-RESPONSIVE THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami. FL 33143 I. If this Proposal is accepted. the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation. including as set forth in Exhibit , (Scope of Services, Attachment A, 8, & C) for the Proposed Price as set forth below. within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents. including without limitation those dealing with the disposition of Proposal/Bid Bond. if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent. by signing and submitting this proposal. agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation. required insurance documents. and other documents required by the Solicitation. including the Contract if not already submitted. within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal. Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda. if any (receipt of all which is hereby acknowledged.) Addendum No. 1,2 Dated: 8/31/22 & 9/6/22 b. Respondent has familiarized himself with the nature and extent of the Contract Documents. the proposed work. site. locality. and all local conditions and laws and regulations that in any manner may affect cost. progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable. of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations. investigations. explorations. tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost. progress. performance. or the furnishing of the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations. investigations. explorations. tests. reports or similar information or data are. or will. be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid. or proposal price, has taken into consideration all possible 48 of 82 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 at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations. investigations. explorations. tests. reports or similar information or data in respect to any Underground Facilities or conditions are. or will be. required by Respondent in order to perform and furnish the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above. d. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has discovered in the Contract Documents and. if any conflicts. errors or discrepancies have been found and notice given. the Respondent represents. by submitting its proposal to the City. that the Respondent has received sufficient notice of the resolution thereof from the City. that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts. errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm or corporation and is not submitted pursuant to any agreement or rules of any group. association. organization. or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values. if required. is prOVided for the purpose of Proposal Evaluation and when initiated by the CITY. it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values. except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such. the Respondent must furnish all labor. materials. equipment. tools. superintendence. and services necessary to provide a complete. in place. Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal. as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price. otherwise. the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: _2_6_0_,_73_7 _____ dollars and _5_0_/1_0_0 ___ cents Alternates: #1 _______________ #2. ________________________ __ A fee breakdown for each task included in the lump sum contract price. if applicable. must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I, Scope of Services&. Attachment A, 8, & C, shall be completed. in full. within 90 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 M&J CONSUL liNG GROUP CORP 300 PALERMO AVENUE, 2ND FLOOR, CORAL GABLES FL 33134 786-319-7635 CESAR DE LUNA 49 of 82 7. 8. 9. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. . .. M&J CONSULTING GROUP CORP 30~ PALERMO AVENUE, 2ND FLOOR, CORAL GABLES FL 33134 ThiS proposal IS submitted by whose address IS _______ _ __________ ', whose telephone number is 786-319-7635 , whose fax number is _______ , whose email address is cesar@mjgeneralcontractors.com and whose authorized representative signing this Bid Form is CESAR DE LUNA whose title is VP-CGC 10. 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. if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: c--=e -f 9/14/2022 Date of Execution: ___________ _ CESAR DE LUNA [Print signatory's name] END OF SECTION SO of 82 EXHIBIT I SCOPE OF SERVICES ATTACHMENT C PHASE II -PART I OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 . 19 "SCHEDULES OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON·RESPONSIVE Bid prices s[Qted in the proposal include all costs and expenses for loba r, equipmen~ materials, controcto,'s overhead, profit, bond and ins uran ce, and general conditions. Payment for this project will be based upon completion of the entire project as a unit price contra ~ in accordance with the Pr oject Manual. ITEM ITEM EST, UNIT TOTAL NO. DESCRIPTION QTY COST Site Preparation I· I Asphalt Repair I LS 5 ,000.00 1·2 Sad I LS 2 ,500.00 Electrical 2.1 Demo lition I LS 2 ,000.00 2·2 Li gh t Bollards I LS 86 ,250.00 2·3 Han d·Ho les I LS 18,750.00 2-4 Anchor Bas es I LS 3 ,125.00 2·5 Fountai n I LS 10,625.00 2·6 Electr-ica l Equipm ent I LS 16 ,312.50 2·7 Wir-e and Co nduit I LS 31,250.00 2·8 Labor I LS 79 ,025.00 TOTAL: 3· I Pe rmitting I LS 900.00 3-2 Surv ey I LS 2 ,500.00 3·3 As Bu ilt I LS 2 ,500 .00 TOTAL PROJECT COST: 260 ,737 .50 42 of 82 Agenda Item No:1. City Commission Agenda Item Report Meeting Date: September 20, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to enter into an agreement and to procure professional construction services with M & J Consulting Group DBA M & J General G.C. for new park improvements at Fuchs Park. 3/5 (City Manager-Parks & Recreation Dept.) Suggested Action: Attachments: Fmemo-Fuchs_Improvements__bollard_lights___pond_fountain_.docx Reso-Fuchs Improvements (bollard lights & pond fountain).docx Resolution #009-22-15762.pdf FINAL RFP Fuchs Park Phase II Part 2 of 2 CArev 8.9.22.pdf Consrtuction REVISED Plans Part 2, Phase 2 Part 2 of 2 (09-02-2022).pdf M & J CONTRACTORS Bidding Document.PDF RFP PR2022-19 9.14.22 Bid Tabulation.pdf Proposal Summary RFP PR2022-19 9.14.22.pdf DEMAND STAR RFP PR2022-19 9.14.22.pdf Advertisement .pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE:September 20, 2022 SUBJECT:A Resolution authorizing the City Manager to enter into an agreement and to procure professional construction services with M & J Consulting Group DBA M & J General G.C. for new park improvements at Fuchs Park. BACKGROUND:In 2021, the City successfully completed construction of a new pedestrian pathway/trail along the perimeter of the pond at Fuchs Park. As part of this project, the City also completed ADA access to the existing restroom facilities and covered picnic shelter, a lookout space, and a new polygon pre-fab shelter. The purpose of this project was to improve accessibility in our parks, to make our community more livable through active and beautiful parks, and to provide opportunities for physical activity and mental health. On January 18, 2022, the Mayor and City Commission passed and adopted Resolution No. 009-22-15762, related to professional contract documents for additional improvements at Fuchs Park. For Phase II new proposed improvements entail a bollard LED lighting system along the perimeter of the existing pathway and a commercial aerating fountain system at the pond. The completion of this capital project will help bring the city's park system one step closer to making our community more livable, safer, beautiful, and accessible for everyone. PROCUREMENT PROCESS:Through the Procurement Division, the City’s Parks and Recreation Department issued a Request for Proposal (“RFP”) on Thursday, August 11, 2022 for construction services related to the installation of a power- operated LED bollard lighting system and a commercial aerating fountain system (pond area) at Fuchs Park. The City received bid proposals from two (2) firms as outlined below. Bidder(s)Bid Price M & J Contractors $260,737.50  Unitec, Inc. $439,500.14 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM VENDOR & EXPENSE:M & J Consulting Group DBA M & J General G.C. The proposal/contract amount shall not exceed $260,737.50. A 10% contingency in the amount of $26,000 is included or set aside for unforeseen conditions at the discretion of the City Manager or his/her designee. FUND & ACCOUNT:The total expenditure ($286,737.50), 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 $423,647. ATTACHMENTS:Resolution Resolution No. 009-22-15762 RFP Solicitation Packet Construction Plans Proposal – M & J Consulting Group DBA M & J General G.C. RFP Bid Tabulation Proposal Summary Demand Star Advertisement 3 6 RESOLUTION NO. 009-22-15762 A Resolution authorizing the City Manager to instruct and to pay SRS Engineering, Inc. to complete contract documents for new capital improvements at Fuchs Park. WHEREAS, pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, city staff desires to engage SRS Engineering, Inc. to provide professional construction documents for bollard LED lighting along the newly constructed walkway, a commercial aerating fountain system (pond), reroofing of the limerock picnic shelter, and a safety perimeter fence system along the playground area at Fuchs Park; and WHEREAS, in summary, the work scope entails professional design services including but not limited to site visits and field investigations, research and survey services, electrical and structural services, permit coordination, specs and bid package preparation, final signed and sealed construction documents, pre-bid conference(s) and construction administration services; and WHEREAS, the proposal/contract amount shall not to exceed $58,543; and WHEREAS, this engagement will help bring the city's park system one step closer to making our community more livable, safer, beautiful, and accessible for everyone. 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 SRS Engineering, Inc. in the amount of $58,543 to complete contract documents for new capital improvements at Fuchs Park. The total expenditure shall be charged to account number 301-2000-572-6450, which has a balance of $1,471,625 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 adoption. Page 1 of2 RESOLUTION NO. 009-22-15762 A Resolution authorizing the City Manager to instruct and to pay SRS Engineering, Inc. to complete contract documents for new capital improvements at Fuchs Park. WHEREAS, pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, city staff desires to engage SRS Engineering, Inc. to provide professional construction documents for bollard LED lighting along the newly constructed walkway, a commercial aerating fountain system (pond), reroofing of the limerock picnic shelter, and a safety perimeter fence system along the playground area at Fuchs Park; and WHEREAS, in summary, the work scope entails professional design services including but not limited to site visits and field investigations, research and survey services, electrical and structural services, permit coordination, specs and bid package preparation, final signed and sealed construction documents, pre-bid conference(s) and construction administration services; and WHEREAS, the proposal/contract amount shall not to exceed $58,543; and WHEREAS, this engagement will help bring the city's park system one step closer to making our community more livable, safer, beautiful, and accessible for everyone. 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 SRS Engineering, Inc. in the amount of $58,543 to complete contract documents for new capital improvements at Fuchs Park. The total expenditure shall be charged to account number 301-2000-572-6450, which has a balance of $1,471,625 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 s. Effective Date. This resolution will become effective immediately upon adoption. Page 1 of2 7 Res. No. 009-22-1 5762 PASSED AND ADOPTED this 18t h day o f January, 2022 . READ AND APPROVED AS TO FORM, LANGU AND EXE APPROVED: /4 a_ p j,v ~'Zl /J COMMISSION VOTE: Mayor Philips: Commissioner Harris: Commissioner Gi l : Commissioner Liebman: Commiss ioner Corey : Page 2 o f 2 5 -"'0 ·Yea Yea Yea Yea Yea Res. No . 009-22-1 5762 PASS ED AND ADOPTED this 18th day of January, 2022. APPROVED: 4.~ COMMISSION VOTE: 5 .:0 0 Mayor Philips: . Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 2 of 2 8 City Commission Agenda Item Report Meeting Date: January 18, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Agenda Item No:3. A Resolution authorizing the City Manager to instruct and to pay SRS Engineering, Inc. to complete contract documents for new capital improvements at Fuchs Park. 3/5 (City Manager-Parks & Recreation Dept.) Suggested Action: Attachments: Me mo-Fuchs_l mp rove me nts. docx Reso-Fuchs lmprovements.docx Proposal-Fuchs Park lmprovements.pdf SRS Professional Service Agreement.pdf 1 City Commission Agenda Item Report Meeting Date: January 18, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Agenda Item No:3. A Resolution authorizing the City Manager to instruct and to pay SRS Engineering, Inc. to complete contract documents for new capital improvements at Fuchs Park. 3/5 (City Manager-Parks & Recreation Dept.) Suggested Action: Attachments: Me mo-FuchsJ mprove me nts. docx Reso-Fuchs Improvements.docx Proposal-Fuchs Park Improvements.pdf SRS Professional Service Agreement.pdf 1 9 THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: January 18, 2022 SUBJECT: A Resolution authorizing the City Manager to hire SRS Engineering, Inc. to complete design and contract documents for new capital improvements at Fuchs Park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, city staff desires to engage SRS Engineering, Inc. to provide professional construction documents for bollard LED lighting along the newly constructed walkway, a commercial aerating fountain system (pond), reroofing of the lime rock picnic shelter, and a safety perimeter fence system along the playground area at Fuchs Park. EXPENSE: ACCOUNT: The existing shelter structure is showing early warning signs of damage and structural improvements will be required in the near future. Staff recommends completing design plans for a new metal roof system, replace the deteriorated wood beams with concrete beam support, and to raise the height of the roof system for a better view of the pond. Staff also recommends that contract documents include new LED bollard lighting along the trail to further enhance beautification efforts at the park, improve visibility, and to provide a sense of security in the evenings. In summary, the work scope entails professional design services including but not limited to site visits and field investigations, research and survey services, electrical and structural services, permit coordination, specs and bid package preparation, final signed and sealed construction documents, pre-bid conference(s) and construction administration services. This engagement will help bring the city's park system one step closer to making our community more livable, safer, beautiful, and accessible for everyone. Amount not to exceed $58,543. The total expenditure shall be charged to account number 301-2000-572- 6450, which has a balance of $1,471,625 before this request was made. 2 THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: January 18, 2022 SUBJECT: A Resolution authorizing the City Manager to hire SRS Engineering, Inc. to complete design and contract documents for new capital improvements at Fuchs Park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, city staff desires to engage SRS Engineering, Inc. to provide professional construction documents for bollard LED lighting along the newly constructed walkway, a commercial aerating fountain system (pond), reroofing of the lime rock picnic shelter, and a safety perimeter fence system along the playground area at Fuchs Park. EXPENSE: ACCOUNT: The existing shelter structure is showing early warning signs of damage and structural improvements will be required in the near future. Staff recommends completing design plans for a new metal roof system, replace the deteriorated wood beams with concrete beam support, and to raise the height of the roof system for a better view of the pond. Staff also recommends that contract documents include new LED bollard lighting along the trail to further enhance beautification efforts at the park, improve visibility, and to provide a sense of security in the evenings. In summary, the work scope entails professional design services including but not limited to site visits and field investigations, research and survey services, electrical and structural services, permit coordination, specs and bid package preparation, final signed and sealed construction documents, pre-bid conference(s) and construction administration services. This engagement will help bring the city's park system one step closer to making our community more livable, safer, beautiful, and accessible for everyone. Amount not to exceed $58,543. The total expenditure shall be charged to account number 301-2000-572- 6450, which has a balance of $1,471,625 before this request was made. 2 10 THE CITY OF PLEASANT LIVING ATTACHMENTS: Resolution CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Proposal -Fuchs Park Improvements Professional Services Agreement -SRS Engineering, Inc. 3 (i',. South~iami THE CITY OF PLEASANT LIVING ATTACHMENTS: Resolution CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Proposal-Fuchs Park Improvements Professional Services Agreement -SRS Engineering, Inc. 3 11 S □□l SW 74TH C OU RT, SUITE 2 □1 , M I AM I , F"L □R I OA 331SS TE L: 3 □S ·6 6 2 ·BB87 F"AX: 3 □ S ·6 6 2·BBSB January 7 , 2022 Mr. Quentin Pough , CPRP , CPSI Director, Parks & Recreation Department City of South Miami 6130 Sunset Drive South Miami , FL 33143 Re : City of South Miami Fuch Park New Walkway Lighting and Reroofing of Picnic Shelter Dear Mr. Pough , We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Professional Services Agreement for General Engineering and Architecture Services , we are submitting our understanding of the Scope of Work and Fee Proposal to provide Engineering Services in connection with the referenced project. The Scope of Work as we understand it at the present time will consist of the electrical engineering design , permitting , and construction phase services for the installation of walkway bollard lighting along newly constructed walkway around lake , new commercial aerating fountain system , new 4 ' high perimeter fencing around playground , and reroofing of the existing limerock picnic shelter at Fuch Park located on US 1 and SW 80th Street. All work shall be in accordance with the accepted practices and design standards of the City of South Miami , Miami-Dade County and local regulatory agencies. This work will include the following : Design Services: 1 . Provide Project Administration services , including attending meetings and coordination with City Staff and Electrical Engineer to discuss project and City requirements 2 . Conduct site visits and field investigations as needed for design. 3 . Research of existing surveys and "As-Built" drawings of previous projects within the project area . 4 . Prepare base plans from previous walkway design drawings and As-Built drawings information (provided in CAD) to be provide by City . 5 . Contract and coordinate with Surveyor to obtain survey of picnic shelter including locations and elevations of top of columns . 6 . Provide project management and coord ination with electrical engineer for the design of the walkway bollard lighting along newly constructed walkway around lake and new commercial 6 500 1 sw 74TH C OURT, SUITE 20 1 , M I AM I , FLOR I DA 33 1 55 T E L: 3 0 5 -6 6 2 -aa97 FAX: 305-662-9a59 January 7, 2022 Mr. Quentin Pough . CPRP . CPSI Director, Parks & Recreation Department City of South Miam i 6130 Sunset Drive South M iami , FL 33143 Re : City of South Miami Fuch Park New Walkway Lighting and Reroofing of Picnic Shelter Dear Mr. Pough . We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Professional Services Agreement for General Engineering and Architecture Services . we are submitting our understanding of the Scope of Work and Fee Proposal to provide Engineering Services in connection with the referenced project. The Scope of Work as we understand it at the present time will consist of the electrical engineering design , permitting, and construction phase services for the installation of walkway bollard lighting along newly constructed walkway around lake, new commercial aerating fountain system . new 4 ' high perimeter fencing around playground . and reroofing of the existing limerock picnic shelter at Fuch Park located on US 1 and SW 80 th Street. All work shall be in accordance with the accepted practices and design standards of the City of South Miami , Miami-Dade County and local regulatory agencies. This work will include the following : Design Services: 1. Provide Project Administration services, including attending meetings and coordination with City Staff and Electrical Engineer to discuss project and City requirements 2 . Conduct site visits and field investigations as needed for design. 3. Research of existing surveys and "A s-Buil t" drawings of previous projects within the project area . 4 . Prepare base plans from previous walkway design drawings and As-Built drawings information (provided in CAD) to be provide by City . 5. Contract and coordinate with Surveyor to obtain survey of picnic shelter including locations and elevations of top of columns . 6 . Provide project management and coord inat ion with electrical engineer for the design of the walkway ballard lighting along newly constructed walkway around lake and new commercial 6 12 January 7, 2022 Page 2 aerating fountain system , including submittals to City for review and comments and final completion of design drawings and specifications . 7. Provide project management and coordination with structural engineer for the design of the reroofing of the existing limerock picnic shelter , including submittals to City for review and comments and final completion of design drawings and specifications. 8. Prepare plan and details for the perimeter fencing the playground area . 9. Provide plans processing and permitting through City of South Miami Building Department. 10 . Prepare submittal to the City of South Miami 's Environmental Review and Preservation Board (ERPB) and attend ERPB meeting for approval of project (if required). 11 . Provide limited construction phase serv ices including coordinating with electrical engineer and attending pre-bid meeting , pre-construction meeting and 2 site inspections during construction . SUBCONSUL TANTS The following are professionals contracted be SRS Engineering , Inc . to assist in the preparation of the work outline above . ■ Basulto & Associates, Inc. (Electrical Engineers) -Please see att ached fee proposal for additional information . ■ Botas Engineering, Inc . (Structural Engineers) -Please see attached fee proposal for additional information . ■ Hadonne Corp. (Surveyor) -Please see attached fee proposal for additional information . The City of South Miami will provide SRS with the following: • Design drawings and topographical survey of the newly constructed walkway project showing new walkway , shelters , and playground areas. These drawings shall be provided in AutoCAD format to be used as our base for our design . SCHEDULE OF WORK -TIME OF PERFORMANCE Consultan t shall begin work within five days from notice to begin and shall have the existing conditions photos and report within one week and 100 % completed drawing for City review within four weeks thereafter. ACCEPTANCE This proposal and fee schedules are based on t he acceptance within thirty (30) days of the date of preparation. If not accepted by you within that t ime period , we reserve the right to re-evaluate the terms and conditions contained herein. 7 January 7, 2022 Page 2 aerating fountain system , including submittals to City for review and comments and final completion of design drawings and specifications . 7. Provide project management and coordination with structural engineer for the design of the reroofing of the existing limerock picnic shelter , including submittals to City for review and comments and final completion of design drawings and specifications . 8. Prepare plan and details for the perimeter fencing the playground area . 9. Provide plans processing and permitting through City of South Miami Building Department. 10 . Prepare submittal to the City of South Miami 's Environmental Review and Preservation Board (ERPB) and attend ERPB meeting for approval of project (if required). 11 . Provide limited construction phase serv ices including coordinating with electrical eng ineer and attending pre-bid meeting , pre-construction meeting and 2 site inspections during construction . SUBCONSULTANTS The following are professionals contracted be SRS Engineering , Inc. to assist in the preparation of the work outline above . • Basulto & Associates, Inc. (Electrical Engineers) -Please see att ached fee proposal for additional information . • Botas Engineering, Inc . (Structural Engineers) -Please see attached fee proposal for additional information . • Hadonne Corp. (Surveyor) -Please see attached fee proposal for additional information . The City of South Miami will provide SRS with the following: • DeSign drawings and topographical survey of the newly constructed walkway project showing new walkway , shelters , and playground areas . These drawings shall be provided in AutoCAD format to be used as our base for our design . SCHEDULE OF WORK -TIME OF PERFORMANCE Consultan t shall begin work within five days from notice to begin and shall have the existing conditions photos and report within one week and 100 % completed drawing for City review within four weeks thereafter. ACCEPTANCE This proposal and fee schedules are based on the acceptance within thirty (30) days of the date of preparation. If not accepted by you within that t ime period , we reserve the right to re-evaluate the terms and conditions contained herein . 7 13 ACCEPTANCE OF PROPOS A L January 7 , 2022 Page 3 We would expect to commence ou r services promptly after receipt of your acceptance of this proposal . COMPENSATION Our Engi neer ing Fees for the abov e described Basic Services wi ll be a lump sum amount shown below . Please see attached fee breakdown for additional information . Payment w ill be based on monthly invoicing as a percen t age of completion of work . Our Engineering Fees are as follows : Walkway Lighting Design (Basulto) ................................................ $ 12,000.00 Shelter Reroofing Design (Batas) ................................................... $ 36,650.00 Shelter Survey (Hadonne) .................................................................. $2,228.00 Project Coordination and Administration (SRS) .............................. $7,165.00 Reimbursable expenses and Permitting Fees ..................................... $ 500.00 Total ................................................................................................... $58,543.00 T h is Proposal and our City Agreement with t he City represents the en tire understanding between the City of Sou t h Miami and SRS Engineering , Inc . in respect to the Project and may only be mod ified in writing when s igned by bot h of us . If the foregoing is agreeable to you , please execute the original of this Agreement where ind icated below and return to our office . Very tru ly ours , c;Q. J~ Ignacio erralta , P.E. Presi nt I have read the foregoing Le tt er of Agreem ent and ag ree t o all t erms and conditions stated t herein . Accepte d this ___ day of ______ , 2022 City of Sou th Miami By:------------- Ti tle : _____________ _ 8 ACCEPTANCE OF PROPOSAL January 7, 2022 Page 3 We would expect to commence our services promptly after receipt of your acceptance of this proposal. COMPENSATION Our Engineer ing Fees for the above described Basic Services will be a lump sum amount shown below. Please see attached fee breakdown for additional information . Payment will be based on monthly invoicing as a percen tage of completion of work. Our Engineering Fees are as follows: Walkway Lighting Design (Basulto) ................................................ $ 12,000.00 Shelter Reroofing Design (Botas) ................................................... $ 36,650.00 Shelter Survey (Hadonne) .................................................................. $ 2,228 .0 0 Project Coordination and Administration (SRS) .............................. $ 7,165.00 Reimbursable expenses and Permitting Fees ..................................... $ 500.00 Total ................................................................................................... $58,543.00 This Proposal and our City Agreement with the City represents the entire understanding between the City of South Miami and SRS Engineering , Inc. in re spect to the Project and may only be mod ified in writing when signed by both of us. If the foregoing is agreeable to you , please execute the original of this Agreement where ind icated below and return to our office . Very truly ours , c9. J~ Ignacio err alta , P.E. Presi nt I have read the fore going Letter of Agreement and agree to all terms and conditions stated there in . Accepted this ___ day of ______ , 2022 Ci ty of Sou th Miami By: __________________________ _ Title : _____________ _ 8 14 ACTIVITY BY SRS Project Manag•ment and Administration Project Ad mmlslra tion and COOf diriatlon ll/l lh City Site Visils Research ol surveys and as-bull! inlonnnuon Prepa ration of bose plan Project coordinalton dunng design Prepara on ol pla,n and details for the Playgtound Fencmg Plans processing and permitting (City of So Miami) Plans processing and permi lling (ERPBJ Limrled Construction Phase Serv ices TOTAL ACTIVITY BY OTHERS Basu lto an d' Associa 1es, Inc , Basulto and' Associalcs, Inc Botas Eng111eenng , Inc Botas Efl91nee rin o, tn c Had onne Corp. ACTIVfTIE S BY SRS (Salaries) ACTIVJTIES BY OTHERS ENGINEERING COST BREAKDOWN City of South Miami Fuchs Park Walkway lig hting and Shelter Reroofing PRINCIPAL SRPROJ. MGR SR ENGINEER ENGINEER HRS RATE HRS RATE HRS RAT E HRS RATE 5 180 .00 5150 .00 5125.00 590.00 4 S 1B0 .00 S150 00 S125.00 S90.00 1 S180.00 2 S150 00 5125.00 S90.00 5180 ,00 l 5150 00 S125 00 59000 S 180 .00 1 S150,00 S125.00 2 S90.00 5180 .00 6 5150 00 5125.00 59000 5180.00 2 5150 00 5125 00 6 59000 S1 B0 .00 4 5150 00 S125.00 1 S90.00 S180 ,00 4 S150 .00 S125 00 4 S90.00 5180 00 4 5150 00 5125.00 4 S90.00 5180 .00 S1 50 00 S125.00 S90.00 S180.00 5150.00 S125.00 S90.00 5 S1 80 00 24 S150 00 0 S125.00 17 S90.00 DESCRIPTION Design Phase serv ices Construction Phase Services Design Pha,e Services Consiruc!Jon Phase Service s Survey of Shelter SUMMARY S7 , 165 X Esttm at ed OUT OF POCKET EXPENSES including reproduction costs and pe rmitting fees , etc. CAD TECH CLERICAL HRS RATE HRS RATE S65 .00 S45.00 565.00 4 S45.00 565 00 54500 565.00 54500 6 565.00 S4 5,00 565.00 54 500 6 565.00 545.00 1 S65.00 S4 5.00 1 S65.00 S4 5.00 56500 1 545 00 565.00 545 00 S65,00 S45.00 14 S65.00 5 S45.00 T OTAL = TOTAL THIS PROPOSAL DATE : 21 15/202 0 TOTAL TOTAL HOURS COST 8 3 1 9 6 14 6 9 9 o 0 65 S900 00 5480 00 S150.00 5720,00 5900 00 s, .230 00 S755 00 5 1,0 25 .00 s1 .005 oo SO .OD SO .DO S7, 165 .DD COST S9.500.00 S2 .500 00 S28.570.00 S8 .080 00 S2 ,228 00 SS0 ,878 .00 S7 , 165 .00 S50.878 00 S500 00 $58,543.00 ACTIVITY BYSRS Project Manag.ment and Admlnlstl"ation Project Admnislrs llon and Coordinati on wi th City Site Visf!S Resea rch of surveys and as-bu Ill mformatlon Prepa raliot1 01 bose plan Pro ject coordinallon dU ri ng design Prepara on 01 plan and details for the Playground Fencmg Plans proceSSing and permrthng (City of So Miami) Plans processi ng and permilling (ERPB) Limrted Construction Phase Serv ices: TOTAL ACTI VITY BY OTHERS Bosulto and Ass ocia tes. Inc . Basurto and Associates, Inc Batas EngU1eenng. Inc Batas Engineering, Inc Hadonne Corp. ACTlVfTlES BY SRS (Salaries) ACTIV1TI ES BY OTHERS ENG IN EERI NG COST BREAKDOWN City of South Miami Fuchs Park Walkway lig hting and Shelter Reroofing PRINCIPAL SRPR OJ. MG R SR EN GINEER ENGINEER HRS RATE HRS RATE HRS RAT E HRS RATE 51aO .00 5150 .00 5125.00 590.00 4 S180.00 5150 00 S125 .00 590.00 I S160.00 2 $150 00 512500 5 90.00 5180 .00 1 $150 00 512500 59000 5180 .00 1 5150 .00 $125.00 2 590.00 5180 .00 6 5150 00 5125,00 590 00 5180 .00 2 5150 00 512500 6 59000 $180.00 4 5'5000 5 125.00 1 590.00 5180 .00 4 51 50.00 512500 4 590.00 518000 4 5150 00 5125.00 4 590.00 5 180 .00 5150 00 5125.00 590.00 5180.00 5 150 .00 5125.00 590,00 5 5180 ,00 2' 5 150 00 0 5125.00 17 590.00 DESCRIPTION De sign Phase Services Construction Phase Services DeSIgn Phase ServiceS ConstruClJon Phase Services Survey of Shelter SUMMARY 57 ,165 x EstJmated OUT OF POCKET EXPENSES tnclu dlng reprodu cuon costs and perrmttmg fees , etc DATE: 2 11512020 CAD TECH CLERICAL TOTAL TOTAL HRS RATE HRS RATE HOURS COST 565 .00 545.00 565.00 4 S45.oo 8 590000 56500 54500 J 5480.00 565 .00 54500 I S15O .00 6 565.00 S45.00 9 5720,00 565.00 54500 6 5900 00 6 565.00 545.00 1. $'.230 00 1 565,00 545.00 6 575500 1 56500 545.00 9 51 ,025.00 565.00 , 54500 9 Sl .005oo 565.00 545 00 0 50.00 565.00 545,00 0 50.00 14 565.00 5 545.00 65 57,16S .00 COST 59.500.00 52.500 00 528.570.00 58 .08000 52 ,22800 T OTAL = S50 ,87 8.00 5 7,165 .00 S50.87800 5500 00 TOTA L THIS PROPOSAL $58,543.00 ,- 15 December 6 ,2 021 Ignacio Serralta B SRS Engineering, Inc . 5001 SW 74 Court , Suite 201 Miami, Florida 33155 Project: Fuchs Park s u 0 C Loc ati on: 6445 SW 81st St , Miami , FL 33143 Dear Mr. Serralta , L T 0 T E S IN --R.S Proposal # 2021 15 I We are pleased to submit ou r proposal to provide Professional Engineering Serv ices for the above-mentioned project. Basic Services: Our scope of work will consist of: A. Design 1. Walking path li ghting utilizing bollard type fixtures . 2 . Renovated pavilion lig hting utilizing vandal type fixture. 3 . Electrical power to new water feature . 4. Re-work electrical service as needed. B. Construction Administration 1. Respond to contractors RFl 's. 2. Review shop drawings . 3. Three site visits. Construction Document level drawings shall be prepared in accordance with local codes . Drawings shall be submitted along with any required calculations for permit. Site visits during design to verify existing conditions shall be considered part of basic services. Assistance in obtaining permit in the form of responding to Building Department plan review comments , shall be considered part of Basic Services. Construction Administration as noted above. Compensation : Our proposed fee shall be as follows: Design Fee: $ 9,500.00 Construction Administration Fee: $ 2,500.00 14160 Palmetto Frontage Rd. Suite 22 M iam i Lakes. Florida 33016 Page I of3 www.basulto.com Phone (305) 698 -3988 Fax (305) 698 -3989 10 B December 6 ,2021 Ignacio Se rr alta SRS Engineering, Inc . 5001 SW 74 Court , Suite 201 Miami, Florida 33155 Project: Fuchs Park s u o c Loc ation: 6445 SW 81st St , Miami , FL 33143 Dear Mr. Se rra Ita , L o s s Propo al # 2021151 We are pleased to submit ou r proposal to provide Pr ofessional Engineering Services for the above-mentioned project. Basic Services: Our scope of work will consist of: A. Design 1. Walking path li ghting utilizing bollard type fixtures . 2. Renovated pavilion lighting utilizing vandal type fixture . 3. Electrical power to new water feature . 4. Re -work electrical service as needed . B. Construction Administration 1. Respond to contractors RFI 's. 2. Review shop drawings . 3. Three site visits . Construction Document level drawings shall be prepared in accordance with local codes . Drawings shall be submitted along with any required calculations for permit. Site visits during design to verify existing conditions shall be considered part of basic services . Assistance in obtaining permit in the fo rm of responding to Building Department plan review comments, shall be considered part of Basic Services . Constructio n Administration as noted above. Compensation: Our p roposed fee shall be as follows: Design Fee: $ 9,500.00 Construction Administration Fee: $ 2,500.00 14160 Palme tt o Frontage Rd, Suite 22 Miam i Lakes. Florida 33016 Page I of3 www .basulto .com Phone (305) 698-3988 Fax (30-)698-3989 10 16 Proposal # 2021151 Payments are requested as follows: Per City of South Miami Payment Schedule Payment is according to the listed prices above. In accordance with Florida Statutes, Section 715.12, "Prompt Payment Law" we reserve the right to accrue interest at a rate of 12% APR, beginning 14 days after payment is due. Please make checks payable to: "Basulto & Associates, Inc." Exclusions: • Processing or walking drawings through the building department are not included. • Cost estimates are not included. • Technical specifications (book type) are not included. Additional Services: • Modifications to drawings due to owner requested or value engineering changes shall be considered additional services and shall be billed accordingly. • In-House printing charged at $0.20 square feet. • Cost estimates shall be considered additional services and shall be billed at the corresponding hourly rates based on preparation. • Technical Specification Books shall be considered additional services and shall be billed at the corresponding hourly rates based on preparation. Compensation for Additional Services shall be hourly at: Principal Hours: Engineering Hours: Drafting Hours: Clerical Hours: $265.00 $190.00 $140.00 $ 85.00 Thank you for an opportunity to serve you. We look forward to working with you on this project. Should you have any questions, please do not hesitate to contact our office. Sincerely, ~~ Rene I. Basulto, PE, MSEM CGC, CFEI, CPE, CPD Principal BA S/QLTO A S S O '°C ~d A T E S Page 2 of3 11 Proposal # 2021151 Payments are requested as follows: Per City of South Miami Payment Schedule Payment is according to the listed prices above. In accordance with Florida Statutes, Section 715.12, "Prompt Payment Law" we reserve the right to accrue interest at a rate of 12% APR, beginning 14 days after payment is due. Please make checks payable to: "Basulto & Associates, Inc." Exclusions: • Processing or walking drawings through the building department are not included. • Cost estimates are not included. • Technical specifications (book type) are not included. Additional Services: • Modifications to drawings due to owner requested or value engineering changes shall be considered additional services and shall be billed accordingly. • In-House printing charged at $0.20 square feet. • Cost estimates shall be considered additional services and shall be billed at the corresponding hourly rates based on preparation. • Technical Specification Books shall be considered additional services and shall be billed at the corresponding hourly rates based on preparation. Compensation for Additional Services shall be hourly at: Principal Hours: Engineering Hours: Drafting Hours: Clerical Hours: $265.00 $190.00 $140.00 $ 85.00 Thank you for an opportunity to serve you. We look forward to working with you on this project. Should you have any questions, please do not hesitate to contact our office. Sincerely, ~~ Rene I. 8asulto, PE, MSEM CGC, CFEI, CPE, CPO Principal B A S'b) L T 0 ASS 0 ',C".J A T [ S Page 2 of3 11 17 Proposal # 2021151 LETTER OF AGREEMENT ACCEPTANCE I, the undersigned, having authority to execute this Agreement for and having read and understood this proposal and attachments, hereby agree to terms and conditions stated herein as well as to any terms and conditions attached hereto and made part of this Agreement. Please return one executed copy to BASULTO & ASSOCIATES, INC. and keep the other for your records. Signature Title Printed Name Date Page 3 of3 12 Proposal # 2021151 LETTER OF AGREEMENT ACCEPTANCE I, the undersigned, having authority to execute this Agreement for and having read and understood this proposal and attachments, hereby agree to terms and conditions stated herein as well as to any terms and conditions attached hereto and made part of this Agreement. Please return one executed copy to BASUL TO & ASSOCIATES, INC. and keep the other for your records. Signature Title Printed Name Date BAS ,'iT, L T 0 A 550~-.lAT [5 Page 3 of3 12 18 BDTAS Engineer ing, Inc. STRUCTURAL ENGIN EER S December 2, 2021; rev . Dec. 10, 2021 SR S Engineering, Inc. 5001 SW 74 t h Court, Suite 201 M iami, Florida 33155 At tn ! Mr. Ignacio Serralta, PE Proj ect Name: Subject : Dear Ignacio: Fuch Park -New Roof System for Park Shelter. Stru ctural Fee Proposal As requested, we are submitting a fee proposal for the structural design for the replacement of the entire roof. Based on the condition of the existing structure, our scope wi ll i nclude the fo ll owing tasks . • Rep lace the perimeter wood beam with a concrete b ea m wi t h a wood veneer. • Rep lace the existing rustic trusses with custom exposed trusses at 24" o .c.; t h e members of the wood trusses will be connected with customized steel p lates. The new roof wi l l consist of metal panels on a tongue and groov /p lywood system. • Provide a 12'' (height) concrete pedesta l on top of eac h existing co lumns to raise the roof system. • Replace the two deteriorated wood columns inf ront of the shelter with a rectangular concrete co l umn with a limestone veneer (to match existing columns) and on a sha llow foundation. In order to develop the required design , we would need a recent "detailed" survey with dimensions, elevations and sizes of existing structural m mbers . For the design of all the compon n ts of th n ew roof system, the current wind criteria will be implemented . W wil l initia ll y sub mi t 30% p lans for review and approval ; this w i l l fo ll ow a 60% su b mittal an d 100% signed and sealed submitta l. Our scope of work includes design, permit support and post design services (responses to RFl 's, shop drawings review and Special Inspections) Our fee for the above-mentioned scop e will be lump sum of $36,650.00 and the distribution is attached. 8935 NW 35th lrint! Su1tr. /1107 • 0of'ill FL 33172 • fol 305-418 DIii • Fax . 305-1118-9112 13 BDTAS Engineer ing, Inc. STRUCTURAL ENGIN EE RS December 2, 2021; rev . Dec . 10, 2021 SR S Enginee r ing, Inc. S00 1 SW 74t h Court, Suite 20 1 Miami, Florida 331S5 Att n: Mr. Ignacio Serra Ita, PE Proj ect Nam e: Subject: Dear Ignacio: Fuch Park -New Roof System for Park Shelter. Structural Fee Proposal As requested, we are submitting a fee proposal for the structura l design for the replacement of the entire roof. Based on the condition of the existing structure, our scope wi ll i nclude the fo ll owing tasks . • Rep lace the perimeter wood beam wit h a concrete bea m w i t h a wood veneer. • Rep lace the existing rustic trusses with custom exposed trusses at 24" o .c.; t h e m mbers of the wood trusses will be connected with customized stee l p lates. The new roof wi ll consist of metal panels on a tongue and groov /p lywood system. • Provide a 12" (height) concrete pedestal on top of each existing co lumns to raise the roof system. • Replace the two deteriorated wood columns in front of the shelter with a rectangular concrete co l umn with a limestone veneer (to match existing columns) and on a shallow foundation . In order to develop the required design, we would need a recent "detailed" survey with dimensions, elevations and sizes of existing structural members. For the design of all the com pan nts of th new roof sys tem, th e current wind criteria will b e implemented . W will initia ll y sub mi t 30 % p lans for review and approval ; this wi ll fo ll ow a 60% su b mittal and 100% signed and sealed su b mitta l. Our sco pe of work includes deSign, permit sup port and post design services (responses to RFI 's, shop drawings r ev iew and Special Insp ect ion s) Our fee for the above-mentioned scop e will be lump sum of $36,650.00 and the distribution is attached. 8935 NW 35th LnO[! SUile 11/07 • Doral FL 33172 • 1 E!I 305-41H nlll • Fa . 305 ./118-9112 13 19 Page 2 o r 2 I~ _/20:!I . re , 12/10/_0~ I l·uch l'nrk If you have any question(s) or need add ition al information to be i nclud ed in this letter, please let us know at your ear li est convenience. Thank you very much for considering us for this project. Regards, BOTAS Engineerin g, Inc. ~ Patricia M. Batas, P.E. Accepted President Date 8935 NW 35th Lam:. Su,l~ t/102 • Doral rL 33172 • hi 305-1118-9111 • Fax 305-418 -9112 14 i'a1!C ]. o f 2 1211/202 1 . rc ' 12T1 O/2()~ 1 I'uch I'ar~ If you have any question(s) or need additiona l info r mation to be inc lu ded i n this letter, p l ease let us know at your ear li est co nv eni ence. Thank you very much for co nsider in g us for this project. Regards , BOTAS Engineering, Inc. Accepted President Date 8935 NW 35th Lane. SUilu tt202 • Dural. rL 33172 • Tel 305 'd8-SIII • Fax . 305-418 -9/12 14 20 Consultant Name : BOTAS ENGINEERING, INC. Estimator's Name : PMBotas Sr Project Senior Eng ineer Manaaer Task Description Hourly Rat e Hourly Rate $150 .00 $125.00 Man Hours Man Hours Fuch Park ::, ~---· -· .. ;'.,\1,1;~ -_-· ~ ,- Phase I : 30% Submittal 16 18 - Phase II: 60% Submittal 8 18 Phase Ill : 100% Submittal 8 18 --Phase IV: Permitting Support Phase V: Post Desi gn Services (Inspections, RFl's, 20 Review Shop Drawings) Total Hours 32 .0 74.0 fot.11 Sillilry C.oru $4,800.00 $9.250.00 Con Comout?tlon u To t.al S-il ary Cons. $36,650.00 (b ) OperaUng Margin@ TOTAL FEE FOR DESIGN= Name of Job: -ao~·~gineering, Inc. .·. Sr Designer/ CADD Senior Enalneer Technician ln~nl'l"(Or Hourly Rate Hourly Rate Hour1y Rate $90.00 $65 .00 $90.00 Man Hours Man Hours Man Hours 27 40 -- 25 30 25 40 -- 24 12 40 22 141.0 lll.D ZLD $12,690.00 S7.9JO.oo so.co Date: - ,.-.. Admm Hou r1y Rate $0.00 Man Hours - 12/2/202 1 :rev 12/1 Q/2021 Fuch Parle Roof Salary Cost Hours per Task per Task Adm in Hourly Rate S0 .00 Man Hours $9,680.00 S7,650 .00 - $8,300.00 --- $2,940 .00 $8,080.00 0.0 0.0 S0 .00 SO.DO 36.6SO.OO Prepared by: Patricia M. Betas, P.E. Date: 10-Dec-21 $36,650.00 U') ..... Consultant Name: Estimator's Name' Task Description Fuch Park ~p.-c~. )1~ :$'%': 2'""" -~:~. Phase I : 30% Submittal Phase II : 60% Submittal Phase III : 100% Submittal Phase IV: Permitting Support Phase V: Post Design Services (Inspections, RFI's , Review Shop Drawings) Total Hours Toti31 SOIliu'Y Com (Ott eoIDDuUt!on5i To~1 S-ilary Cons. (bl Opera ting Margin @ TOTAL FEE FOR DESIGN= BOTAS ENGINEERING, INC. PMBolas t .... Sr Project Senior Eng ineer ManaCler Hourty Rate ~Iourly Rate $150 .00 $125.00 Man Hours Man Hours 16 18 8 18 6 16 - 20 32 .0 74.0 $4.800.00 $9.250.00 536,650 .00 - Name of Job: -Bo~'~gineerlng, Inc . Sr Designer/ CADD Senior EnQineer Technic ian Inspector Hourly Rate Hourly Rate Hourly Ra te $90.00 S65 .00 S90 .00 Man Hours Man Hours Man Hours 27 40 -- 25 30 25 40 -- 24 12 40 22 141.0 W.O lLO SU,690.00 $7.930.00 som Date: ~<1'; " Adm in Hourly Rate $0 .00 Man Hours - 12R12021 :rev 121UY2021 Fuc/J P ark Roof Hours per Task SalaryCosl per Task Adm in Hourly Rate SO .OO Man Hours $9,680.00 $7,6 50.00 - S8,300 .00 ---- 52,940.00 S8,080.00 0.0 0 .0 SO .OO SO.OO 36.650.00 Prepared by: Patricia M. Botas, P.E. Date: 1 ()'Dec-21 $36,650,00 21 ® HADONNE Monday,December0&,2021 Submitted to: Ignacio Serralta, P .E. SRS Engineering, Inc. 5001 SW 74 Court, Suite 201 Miami, Florida 33155 In reference to: PROPOSAL/AGREEMENT Land Surveyors and Mappers Land Development Consultants Subsurface Utility Designates SENT VIA: ignacio@srs-corp.com Surveying Services for the project as shown on the attached Exhibit "A" located within the City of South Miami, FL. Dear Mr. Serralta: Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project. HADONNE (HC) is pleased to submit the following proposal for your consideration: Project Understanding: The main purpose of this Survey is for the Design Consultant (SRS) to design drainage structures, milling and resurfacing of the existing asphalt in addition to sidewalks repairs. Scope of Services: 1) Perform a Detailed Survey of the Park Shelter as shown on the attached Exhibit "A" Deliverables: Five signed and sealed copies of the resulting Map of Topographic Survey along with the resulting CAD (DWG format), LandXML and PDF files. Time of Completion: We have estimated Two calendar weeks to submit a preliminary survey and three weeks for the final submittal of the Topographic Survey. HADONNE 11985 NW 88th Court• Suite 101 • Doral, FL 33172 • P: +1(305) 266-1188 • F: +1(305) 207-6845 • www.hadonne.com • LB7097 1 / 4 16 ® HADONNE Monday, December 06, 2021 Submitted to: Ignacio Serra Ita, P.E. SRS Engineering, Inc. 5001 SW 74 Court, Suite 201 Miami, Florida 33155 In reference to: PROPOSAL/AGREEMENT Land Surveyors and Mappers Land Development Consultants Subsurface Utility Designates SENT VIA: ignacio@srs-corp.com Surveying Services for the project as shown on the attached Exhibit "A" located within the City of South Miami, FL. Dear Mr. Serra Ita: Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project. HADONNE (He) is pleased to submit the following proposal for your consideration: Project Understanding: The main purpose of this Survey is for the Design Consultant (SRS) to design drainage structures, milling and resurfacing of the existing asphalt in addition to sidewalks repairs. Scope of Services: 1) Perform a Detailed Survey of the Park Shelter as shown on the attached Exhibit "A" Deliverables: Five signed and sealed copies of the resulting Map of Topographic Survey along with the resulting CAD (DWG format), LandXML and PDF files. Time of Completion: We have estimated Two calendar weeks to submit a preliminary survey and three weeks for the final submittal of the Topographic Survey. HADONNE 11985 NW 88th Court· Suite 101 • Doral, FL. 33172· P: +1(305) 266-1188· F: +1(305) 207-6845· www.hadonne.com·LB7097 1/4 16 22 PROP _FUCHPARKSHEL TER_DET AILSURVEY _12-06-2021. DOCX Qualifications: County and / or Municipality Fees are not included in this Proposal and are the Client's responsibility. Rule of Law: All field and office efforts in connection with this project will be performed in strict accordance with the applicable provisions of the "Minimum Standards of Practice for Land Surveying in the State of Florida", pursuant to Rule 5J17-05 Florida Administrative Code. Requests for service not specifically enumerated in this Proposal will be addressed via separate response if so required and an additional charge will apply per HC's hourly rates for calendar year 2021. Our ability to perform is and will be completely influenced by the Client's ability to make the site available and to eliminate all conditions that may interfere with HC's ability to furnish services, and weather conditions. HC will require a 48-hour, prior written notice before field work can be performed. This notice should be sent via facsimile or email to HC. By signing below, I APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By: Date: (Authorized Signature) Title: {Typed or printed name) I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if there is anything, we can do to be of service in this or any other matter, please do not hesitate to call me directly at + 1(305) 266-1188. ~spectfully, HAOONNE 11985 NW 88111 Court• Suite 101 • Doral, FL. 33172 • P: +1(305) 266-1188 • F: +1(305) 207-6845 • www.hadonne.com • LB7097 2 / 4 17 PROP _FUCHPARKSHEL TER_DET AILSURVEY _12-06-2021. DOCX Qualifications: County and / or Municipality Fees are not included in this Proposal and are the Client's responsibility. Rule of Law: All field and office efforts in connection with this project will be performed in strict accordance with the applicable provisions of the "Minimum Standards of Practice for Land Surveying in the State of Florida", pursuant to Rule 5J17-05 Florida Administrative Code. Requests for service not specifically enumerated in this Proposal will be addressed via separate response if so required and an additional charge will apply per HC's hourly rates for calendar year 2021. Our ability to perform is and will be completely influenced by the Client's ability to make the site available and to eliminate all conditions that may interfere with HC's ability to furnish services, and weather conditions. HC will require a 48-hour, prior written notice before field work can be performed. This notice should be sent via facsimile or email to He. By signing below, I APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By: Date: (Authorized Signature) Title: (Typed or printed name) I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if there is anything, we can do to be of service in this or any other matter, please do not hesitate to call me directly at + 1(305) 266-1188. ~spectfUIJY' HADONNE 11985 NW 88 th Court· Suite 101· Doral, FL. 33172· P: +1(305) 266-1188· F: +1(305) 207-6845· www.hadonne.com·LB7097 2/4 17 23 PROP _FUCHPARKSHELTER_DETAILSURVEY_12-06-2021.DOCX Schedule of Fees: 3-Man Survey Crew Surveyor & Mapper Pro. Land Surve & Map. Survey/CADD Tech. No. Scope of Service Rate HR Subl Rate HR Subt Rate HR Subl Rate HR Subt Reimb. Subtotal 01) Location 1 $ 130 8 $ 1,040 $ 95 0.5 $ 48 $ 120 1 $ 120 $85 12 $ 1,020 $ 2,228.00 Project Total: $2,228.00 HADONNE 11985 NW 88" Court• Suite 101 • Doral, FL 33172 • P: +1(305) 266-1188 • F: +1(305) 207-6845 • www.hadonne.com • LB7097 3 / 4 18 PROP JUCHPARKSHELTER_DETAILSURVEY _12·06·2021.DOCX Schedule of Fees: 3-Man Survey Crew Surveyor 8r. Mapper Pro. Land Surve 8r. Map. Survey/CADD Tech. No. Scope of Service Rate HR Subl Rate HR Subt Rate HR Subl Rate HR Subt Reimb. Subtotal 01) Location 1 $ 130 8 $ 1,040 $ 95 0.5 $ 48 $ 120 1 $ 120 $85 12 $ 1,020 $ 2,228.00 Project Total: $2,228.00 HADONNE 11985 NW 88~ Court· Suite 101 • Doral. FL 33172· P: +1(305) 266-1188· F: +1(305)207-6845 ·I'I'M'/.hadonne.com· LB7097 3/4 18 24 EXHIBIT "A" I II II II I. ~ ,., -liiJ -~ lt--1>1-Jtl II I I . -♦•4 1.I• • -.:.-.... •tr• r -J U ' f l •· ... ,. u t -ff" . -.. "' ~ e!::::1;::: :~.~~·::~.,~. 1/lfJ • -,,.. l' ,.. ~ G!:~f:;1: n.... 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I :;!:i~:; ~:i ::j;mr iig:::-; o o J o \~KI SHEET? \J o p SHEET6 HADONNE I 1985 NW 88 th Court · Suite 101 • Dora l, FL. 33172 • P: +1(305) 26 6·1188 • F: +1(305 ) 207-6845 • www.h adonne .com ·LB7097 4 /4 19 25 !EXHB!a8T• l!i'R@flESSBCNAl SERVBC[E A@!REIEIMlfENT "Profasilonal ~~ffil Englnee!!'lng Md Ardl~S"&il !arvlcesalP i!UIQ#PW208~ll THIS AGREEMENT made and entered Into this~ day of ~~ • l0iL_ by and between die City of South Miam~ a municipal corporation (hereinafter referred to as Owner or CITY) by and through Its City Manager (hereinafter referred to as CITY or City Manager) and S:R$ E!i£.>k:1€€l?-,l t',4 • lt!s L who Is authomecho do business In the Seate of Florida. (hereinafter referred to as the "CONSULT ANT"). In conslderadon of the premises and the nwtual covenants contained In this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General PrpyjsJons I. I A Nodce to Proceed will be lsSlled by dte Oty Manager, or his deslgnee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULT ANT any aclusive rights to perfonn work en behalf of the Owner other than d1e work desalbed In one or more Nailce io Proceed (hereinafter merred to as me "WORK"), nor does It obllpte the Owner in any manner to guarantee work for die CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULT ANT available datt and documents In the CITY possession penalnlng to the WORK to be perfonned under this AGREEMENT prompdy after die Issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scape qf SeryJces, The CONSULTANT shall perform the work as set mnb lo dJe Scaa of Serykes as described In the Notice m Proceed, 3.0 Drue for Completion 3.1 The services to be ll'endered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Nodce to Proceed from the CITY subsequent to the mcecudon of this AGREEMEi'lT 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 reasonabre extension of dme wlll be granted In the event there Is a delay on me part of the CITY In fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULT ANT render performance of his duties Impossible. 4.0 Basls of Compensattom The fees for services of the CONSULTANT shall be decennlned by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 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 CONSULT ANT and If such an agreement Is reached, It shall be In writing. signed by die CONSULTANT and the 0, Manager and aaached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there Is no fixed sum or if additional work Is requesced without an agreement as to a fixed sum. the CITY aarees to pay, and the CONSULTANT agrees to accept. for the services rendered pursuant to this AGREEMENT, fees In accordance wldl the hourly rates that shall indude all Paga51 of66 1'llomu P. Pepe IOIIJl2016 135 20 EXHB!a8T '" Ili'R@fIESSBCNAL SERVBC[E A@lRElElMlfENT "Profasilonal GM~9"mlI1E81g1neel!'lnl ad ArdI~S"&iI lIarvlulllP IIUIQ #PW208~n THIS AGREEMENT made and entered Into this ~ day of "9'\~ . loiL by and between die City of South Miam~ a munldpal corporation (hereinafter referred to as Owner or CITY) by and through Its City Manager (hereinafter referred to as CITY or City Manager) and SRS E'ii\tA€~l?.l "'4 c (tis L who Is authoriJecho do business In the Salta of florida. (hereinafter referred to as the "CONSULTANT"). In conslderadon of the premises and the nwtual covenants contained In this AGREEMENT. the parties agree to the following terms and conditions: 1.0 General Proyislons 1.1 A NoIIte to Proceed will be Issued by the Qty Manager, or his desIgnee. following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any elCclusive rights to perfonn work en behalf of the Owner other than d1e work described In one 011' more NOiIce ~ Proceed (hereinafter melTed to as me "WORK"). nor does It obllpte the Owner in any manner to parantee work for die CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT avaUabfe dati and documents In the CITY possession penalnlng to the WORK to be perfonned under this AGREEMENT prompdy after die Issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of ServJ ces • The CONSULTANT shall perform the work as set fonh In die ScaR!! of ServJces as described In the Notlce to Preceed. 3.0 Dme for Completion 3.1 The services to be ll'endered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the mcecutlon of this AGREEMEi'lT and shall be completed within the dme set forth In the Notice to Proceed or other document signed by the City Manager. or designee. 3.2 A reasonabre extension of time will be granted In the event there Is a delay on me part of the CITY In fulfilling irs part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties Impossible. 4.0 Basls of Compensation! The fees for services of the CONSULTANT shall be decennlned by one of the following methods or a combination thereof. as mutually agreed upon by the CITY and the CONSULTANT. 4.1 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 shall be In writing. signed by the CONSULTANT and the City Manager and auached hereto as A rrACHME.Nr A: 4.1 Hourly rate fee: If there Is no fixed sum or if additional work Is requested without an agreement as to a fixed sum, the OTY agrees to pay. and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Ttlcmu P. Gtepe 100IlIJ016 Page 51 cf66 135 20 26 wages, benefits, overhead and profit and chat shalO be In wrklng, atgned by die CONSULTANT and die City Manager anc8 attached hereto as ATTACHMENT A. s .o Payment and Pardal Paymems. The CITY will make monthly pav,nents or partial payments to die CONSULTANT for all authorized WORK parform2d during rhe previous calendar month as set forth In the schedule of payment as set fonh tn ATTACHMENT A or, lf no schedule of payment m<hlblt is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's Invoice as die work progresses but only for the work actuaDy perfonned and approved In wrfdng by the City Manager. 6.0 Right qf Dedstqns. All services shall be performed by the CONSULT ANT to die satisfaction of the CITY's nspresentatlve, who shall deckl!e all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution Md fulfillment of the services, and die character, quality, amount and value. The ~ntadve'a decisions upon all dmms, questions, and disputes shall be flnal, conclusive and blndllng upon the pmrttes unlen such determlnadon Is clearly arbttra,y or unreasonable. ~n die event that die CONSULT ANT does not concur In die judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the C11JManager. 7.0 Ownership of Dgcumeng. All reports and reproducible plMS. and ocher data developed by the CONSULT ANT for the purpose of thDS AGREEMENT shall become the property of die CITY wl1hout restriction or llmltatlon. 8.0 Audit Rights, The CITY raservei the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the exiecutlon 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 IrudJ:io Nmtjatipns: If the contract amount e,cceeds the threshold amount provided ins. 287.017 for category four, the CONSULTANT shall erecuu a cruth-ln-negotiadon c:ertiftcate stating that wage rates and other factual unit costs supporting the compensation are accurate. complete, and current at the time of contracting. fn such event. the original contract price and any additions thereto shaU be adjusted to exdude any slgnlftcant sums by which the City determines the contract price was Increased due to Inaccurate. Incomplete. or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. I 0.0 Subrattin~ The CONSULT ANT shall not assign or tranSfer Its rights under mis AGREEMENT without die exp.-.s written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the anlgnment of the CONSULT~Ts rights. The CITY may, in Its sole discredon, allow the CONSULT ANT to assign Its duties, obligations and raponsJbllltles provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by It without prior written consent of the CITY. Any assignment or subcontracdng In vloladon hereof shall be void and unenforceable I 1.0 UIJilllSbed!m AQens: The employment of unauthorized aliens by die CONSULTANT Is considered. a vloladon of Federal Law. If the CONSULT ANT knowinalY employs unaudlorlzed aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves die right at Its discretion. but does not assume the obtigatlon, Paga51of66 Tllomaa IP. Papa IO/IJl31HG 138 21 wages, benefits, overhead and profit and chat maiO be In wrkIng, lSigned by the CONSULTANT and die City Manager ancB attached hereto as ATTACHMENT A. S.O Payment and Pantal Paymeng. The CITY will make monthly pavments or partial payments to dte CONSULTANT for all authorized WORK parform2d during d\e previous calendar month as set forch In the schedule of payment as set forth In ATrACHMENT A or. If no schedule of payment mthlblt is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as die work progresses but 01R1y for the work actuaDy perfonned and approved In wrfdng by the CIty Manager. 6.0 Right of Declstans. All services shaD be performed by the CONSULTANT to d\e satisfaction of the CITY's n!presentative, who shall deckl!e all questions. dlfRculties and disputes of whatever nature which may arise under Of by reason of this AGREEMENT. the prosecution and fulfillment of the services, and die character. quality. amount and value. The ~ntadve'i decisions upon all dalms, questions, and disputes shall be flnal, conclusive and bindIlng lIpon the pmrtIes unles! such determinatiOn Is c1eariy arbitrary or unreasonable. ~n die event that die CONSULTANT does not concur In die judgment of the representative as to any decisions made by him. CONSULTANT shaD present his written objections to the City Manager and shalJ abide by the decision of the Ch¥ Manager. 7.0 Ownership of DgcumeDa All reports and reproducible plans, and ocher data developed by dae CONSULTANT for the purpose of mGs AGREEMENT shall become the property of die CITY wI1hout restriction or limitation. 8.0 Audit Rights. The CITY 1'aSerVe9 the right to audit the reeo" of the CONSULTANT related to this AGREEMENT at any time during the elO8CUtIon 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 Irmh=in N,.,uatigns: If the contract amount ecceeGs the threshold amount provided in s. 287.017 for category four. the CONSULTANT shall erecuu a cruth-In-negotiatlon certificate stating that wage rates and other factuai unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shaD be adjusted to exdude any slgnlftcant sums by which the CIty determines the contract price was Increased due to Inaccurate. Incomplete. or noncurrent: wage rates and other faetual unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.0 Sublattin~ The CONSULTANT shaD not assign or tranSfer Its rights under dlis AGREEMENT without dte exp.-.s written consent of the CITY. The CITY will not unreasonably withhold andlor delay its consent to the aalgnment of the CONSULT~Ts rights. The CITY may. in Its sole discretion. allow the CONSULTANT to assign Its duties. obligations and raponslblllties provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by It without prior written consent of the CITY. Any assignment or subcontracting In violation hereof shall be void and unenforceable 11.0 Unauchorlgd ADens; The employment of unauthorized aliens by the CONSULTANT Is considered. a violation of Federal Law. If the CONSULTANT knowingly employs unaudlorlzed aliens. such violation shall be cause for unilateral cancellation of this AGREEMENT. this applies to any sub.CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right ae Its discretion, but does not assume the obngation. TIIomu f. Pepe '011312016 Page sa of 66 138 21 27 to require proof of vaDd cltizmlshlp or, In the alternatlve, proof of a valid green card for each person employed In dta performance of work or providing cite goods and/or services for or on behalf of die CITY lndudfnl persons employed by any Independent comractor. By reserving this right, the CITY does not assume any obllpdon or responslbltliy co enforce or ensure compliance with the appftcable laws and/or reguladons. 12.0Warram,, The CONSULTANT warrants that It has not emplO}'ed or retained any company or penon, other than a bona fide employee working solely for die CONSULT ANT, to sollclt or secure this contract and that he has not paid or agreed co pay any company or person Olher chan a bona fide employee working solely far che CONSULTANT any fee. commission, percentage fee. alfrs or any other conslderadons continpnt upcn or resulting from the award or making of this contract. For breach or Yloladon of chis warranty, the CITY shall have che right to annul dtls contract whhout llablDty. 13.0 Termination, It Is expressly undemood and agreed 1hat die CITY may terminate dlls · AGREEEMENT for ;my reason or no reason and without penalq, by either dedlnlng to Issue Notice to Procead zuthorlzifll WORK. or, If a Notice co Proceed Is Issued. CITY may trannlnate dd& AGREEMENT by written nodce co CONSULTANT, and In eliher ev• d1e CITY's sole obligation ro the CONSULTANT ahall be payment for the work prevlously authortmd and perfonned In accordance with me provisions of this AGREEMENT. Payment shall be deiermlned on dte basis of die work perfonned by die CONSULTANT up to the dme of termination. Upon termination, che CJTY shall be entlded co a refund of any monies paid for any period of dine for which no work was performed. 14.0 Imm This AGREEMENT shall remain In force undl the end of the term. which Includes aD authorized renewals. or unless otherwise tennlnated by die CllY. The term of this agreement Is three (3) yean from the Issuance of die Nodce to Proceed and one two- year opdon-co renew. The option to renew Is at die dlscredon of the City Manlger. The CITY may terminate clhe conncc without cause following 30 days advanced nodce to the CONSULTANT. However, tn no event shal1 cha term exceed five (5) years following the Issuance of the Notice to Proceed. lS.O Default. In the event either party fa& co comply with the provisions of this AGREEMENT, the aggrieved party may declare che other par-, In default and notify the defaulting party In wrldng. If CITY Is In default. the CONSULTANT will only be compensated for any completed professional services and CONSULT ANT shall not be emtded co any consequential or delay damages. In the event that pardal payment has been made for such professional services not completed, the CONSULTANT shall rewm such sums to rhe CITY within ten (I 0) days after nodce that said sums are due. In the event of any hdgadon between the parties arlsln& out of or relating In any war to this AGREEMENT or a breach thereof, each party shall bear la own casts and legal fees. 16.0 Insurance and lndemn!ftmtlpn. The CONSULTANT agrees to comply with crrrs lnsunnce and lndemnlflcadon requlremems din are set forth In ATTACHME\JT I.to dtls AGREEMENT. 17.0 Agaement Not Exduslye, NodtJn8 In this AGREEMENT shall prevent the CITY from employing 01her CONSULTANTS co perfonn the same or similar services. 18.0 Codes, Ordinances and Laws. The CONSULTANT qrees to abide and be governed by all duly prornulpted and pubDshed munldpal, county, state and federal codes, ordinances. rules. ,eauladons 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 End!¥ Crimes Affidavit form (attached) punuant to FS 287.133(3) (a), as required by the cmrs sohdtation. If any, appftcable to this Page Ill of 66 nomm IP. PQpe IOIIJl2016 137 22 to require proof of vaDd cltizGlnshlp or, In the alternative, proof of a valid green card for each penon employed In aha performance of work or provIdIna cite goods &mUor services for or on behalf of die CITY Indudlnl persons employed by any Independent can1raCtor. By resn", this right, the CITY does not assume any obligation or responslbItlty CIO enforce or ensure compliance with the appftcable laws and/or reguIadons. 12.0Warrant¥. The CONSULTANT warrants that It has not employed or retained any company or penon. other chan a bona fide employee working solely for die CONSULTANT. to IOIlcit or secure this contract and that he has not paid or agreed CO pay any company or person 0Iher chan a bona fide employee working solely for che CONSULTANT any fee. commission. percen. fee. sIfrs or any other considerations continpnt upon or resultina from the award or maIcIns of this contract. For breach or violation of chis WIII'I'aMy. the CITY shaD have efte right to annul dlis contract without liability. 13.0 Termination. It Is expressly undemood and agreed 1hat che CITY may terminate dlls· AGREEEMENT for ;my I'8IISOn or no reason and without penalav by either declining to Issue Notice to Procead Zldhorlzinl WORK. or, If a Notice CO Proceed Is Issued. CITY may trannlnate dd& AGREEMENT by written nodce CO CONSULTANT. and In elIher ev_ die CITY's sole obligation to the CONSULTANT ahall be payment for the work prevIoUily authorlled and performed In accordance with me provisions of this AGREEMENT. Payment shall be deamnlned on die basis of d1e work perfonned by die CONSULTANT up to the time of termination. Upon termination, che CrrY shall be entIded CIO a refund of any monies paid for any period of dine for which no work was performed. 14.0 IItJn. ThIs AGREEMENT shall remain In force until the end of die term. which Includes aD authorized renewals. or unless otherwise tennlnated by dte COY. The term of this agreement Is three (3) yean from the Issuance of the Nodce to Proceed and one twa- year opdon-co renew. The option to renew Is at die dIscredon of the CIty ManIger. The CITY may terminate clhe connce without cause following 30 days advanced nodce to me CONSULTANT. However. In no event shall mil! term exceed five (5) years following the Issuance of the Notice to Proceed. 15.0 Default. In the event either party faIIi CO comply with the provisions of chis AGREEMENT. the aggrieved party may declare efte other.,.,. In default and notify the defaulting party In wrldng. If CITY Is In default. dae CONSULTANT wiD only be compensated for any completed profasslonal services and CONSULTANT shall not be emtded co any consequential or delay cIamaps. In the event that parcial payment has been made for such professional services not completed. die CONSULTANT shaD realm such sums to the CITY within ten (10) days after nodce that said sums are due. In the event of any hdgadon between die parties arlsll1& out of or relating In any war fO this AGREEMENT or a breach thereof. each party shall bear fa own COSts and regal fees. 16.0 Insurance and Inctemnlftcadpn. The CONSULTANT agrees to comply with orrs Insunnce and Indemnlftcadon requlremems dlat are set forchln ATTACHMENT 8.to dlis AGREEMENT. 17.0 Agaemem Not Exc!uslye. Nodt!n8 In this AGREEMENT shall prevent the CITY from empIoyin& 0Iher CONSULTANTS co perfonn the same or similar services. 18.0 Cod .. OrdInances and Laws. The CONSULTANT qrees to abide and be governed by all duly prornulpted and pubUshed munldpal. county. state and federal codes. ordinances. rules. regulations and laws which have a direct bearing on me WORK involved on mls proJect. The CONSULTANT is required to complete and sJ&n all affidavits. indudlllJ Public Endt¥ Crimes AfftdavIt form (attached) punuant to FS 287.13l(l) (a), as required by the ClTY"s sohdtadon. If any. appftcable to this 1'bornIIt P. PGpe 1011 JI20 16 PageS, of 66 137 22 28 AGREEMENT. 19.0 lau-CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work. lnduslve of sales ta>< If appJlcable. 20.0 Qma: free WorJq,tace. CONSULTANT shall comply with CITY's Drug Free Worlcp!ace pollcy which Is made a part of this AGREEMENT by reference. . 2J.0 lndegendent Contnct.or. CONSULTANT is an Independent entit.y under this AGREEMENT and nothing contained herein shall be constnred to create a partnership. Joint venture, or agency relatlonshlp between the panles. 220 Dudes and Resgc,nslbllities. CONSULTANT agrees to provide Its services during ahe term of this AGREEMENT in accordance with all applicable Baws, rules. replations. and health and safec, standards of the federal, state, and CITY, which may be applicable to die service being provided. 23.0 Ucenses and Ca;tlftcajlqns. CONSULTANT shall secure all necessary business and professtonal Dcenses at Its sole expense prior to execudns thQll AGREEMENT. 24.0 Endce Alreernent. Modfflqttpn, and Bb]dlng Effect This AGREEMENT constitutes the entire aa,reement of tha ~ lncorporateS all the understandings of the parties and supersedes any prior ~enu, undersmndlnp, represen1:adon or nego~on, wrltt12n or oral. This AGREEMENT may not be modified or amended e>tcept In writing, signed by bo1h parties hereao. This AGREEMENT shall be binding upon and Inure to the banaflt of the Cit¥ of South Miami and CONSULT ANT and to their respective O,eirs. successors and asstps. No modification or amendment of any terms or provisions of chis AGREEMENT shal6 lbe valld or binding unless It complles wldt this paragraph. This AGREEMENT, In general, and this paragraph, in particular. shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by wrtaen resoludon of the City Commission, or If such approval is required by ordinance or the Ctq, Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the Cit¥ Ccrnndsslon. 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 Federal Coun proceedlnp in respect tD any action, proceeding. lawsuit or counterclaim arising out of this AGREB1ENT or die performance of the Work thereunder. 26.0 Validig of mcuted CpPies. This AGREEMENT may be executed In several counterparts. each of which shall be constn1ed as an original. 27.0 Ruin of lnterpret'ldon; Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever .q,pllcabla and the singular words subsdaned for plural and plural words substituted for singular wherever appllcable. 28.0 SayerabiOty. ff any term or provision of this AGREEMENT or the application thereof to any person or drcumstance shall, to any extent, be Invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or drcumstances oth2r 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 shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The dudes and obligadons imposed by the contract documents, If any. and che rights and remedles avallable hereunder. and, In pardadar but without limhatlon. the warramies. parantees and obflgatlons imposed upon CONSULTANT by the Contract Documents, If any, and this AGREEM&IT and the rfahts and remedies avalJable to the CITY hereunder, shall be In addition to, and shall not be connrued In any way as a limkadon of, any righu 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 endde any party to exercise any remedy reserved to it in this Page54cfH TllamalP.~ IOIIJl2016 138 23 AGREEMENT. 19.0:rau. CONSULTANT shall be responsible for payment of all federal, state, and/or rocal taxes refated to the Work. Induslve of sales taX If applicable. 20.0 Qrur Free WerJqatace. CONSULTANT shall comply with CITY's Drug Free WorlcpJace polley whlch Is made a part of this AGREEMENT by reference. . 2J.0 Indogendent Contmctor. CONSULTANT Is an Independent enthy under this AGREEMENT and nothing contained herein shall be constrUed to create a partnership. Joint venture. or agency relationship between the pardes. 22.0 Dudes and R!!SJKlnsJbJlldes. CONSULTANT agrees to provide Its services during ahe term of this AGREEMENT in accordance with all applicable Saws, rules. repIations. and health and safec, standards of the federal. state, and CITY. which may be applicable to die service being provided. 23.0 Ucensts and CirtlftcaJions. CONSULTANT shall secure all necessary business and professtonal Dcenses at Its sole expense prior to execudns thQll AGREEMENT. 24.0 entire Asmement, ModH!qtfpn. and BlndlDI Effect Thls AGREEMENT constitutes the entire aareement of tha par1ies. incorporateS all the understandIngs of the parties and supersedes any prior agreanents. undersmndlnp. represenmdon or nego~on, wrltt12n or oraL ThIs AGREEMENT may not be modified or amended e2tcept In writing, signed by both pardes hemo. This AGREEMENT shall be binding upon and Inure to the banQllflt of the Cit¥ of South Miami and CONSULTANT and to their respective U,elrs. successors and assigns. No modification or amendment of;my terms or provisions of chis AGREEMENT shalD !be vaJ1d or binding unless It compnes with this paragraph. This AGREEMENT. In general, and this paragraph. in particular. shall not be modified or amended by acts or omlsstons of the parties. If this AGREEMENT was approved by wrtaen resolution of the CIty Commission. or If such approval is reqUired by ordinance or the CIqf Charter. no amendment to this AGREEMENT shall be valid unless approved by written resolution of the CI1¥ Ccrnndsslon. 25.0 Jury Trial. CITY and CONSULTANT knowln,gly. Irrevocably voluntarily and intentionally waive any right either may halfe to a trial by Jury in State DB' Federal Coun proceedInp in respect to any aedon. proceeding. lawsuit or counterclaim arising out of this AGREB1ENT or die performance of the Work thereunder. 26.0 Yalldtg of Executed CPJHes. This AGREEMENT may be executed In several counterparts. each of which shall be constrUed as an original. 27.0 Rules of Interpret1don: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter. whenever <q)pllcablQll and the slngutar words subsdaned for plural and plural words sutmituted for singular wherever app/lcabJe. 28.0 Sayerabioty. If any tenn or provision of this AGREEMENT or die application thereof to any person or drcumstance shall. to any extent, be ImtaJld or unenforceable. the remainder of this AGREEMENT. or the application of such term or provision to persons or drcumstances oth2r than those to which It is herd Invalid or unenforceable. shall not be affected thereby and each and every other term and provision of this AGREEMENT shaD be valid and enforceable to the fuUest extent permitted by law. 29.0 Cumulative Remedies: The dudes and obligations imposed by the contract documents. If any. and the rights and remedJes available henwnder. and, In particular but without limitation. the warranties. guarantees and obligations imposed upon CONSULTANT by the Contract Documents, If any. and chis AGBEEMB\lT 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 righu and remedies awllable at law or In equity. by special guarantee or by other provisIons of the Contract Documents. if any. or dds AGREEMENT. In order to entlde any party to exercise any remedy reserved to It in this TIIomaIP.~ IGI.JI2OI6 Pa&e 308 of 4' 138 23 29 i I J i l l l l l l 1 I AGREEMENT. or exlsdng In law or In equity. It shall not be necessary to give nodce. ocher 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. shall 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 exlsdng at law or In equity. No delay or omission to exercise any rf&ht or power accruing upon any default 11hall Impair any such right or power or shall be consaved to be a waiver thereof, but any such right and power may ba exercised from dme to time as often as may be deemed expedient. 30.0 Nan-Waiver. CITY and CONSULTANT qree that no failure to exercise and no delay In 11DCe1 dsing any right. power or privilege under dtls AGREEMENT on 1he pan of ekher party shall operate as a waiver of any right, power, or privilege ander chis AGREEMENT. No waiver of dtls AGREEMENT, In whole or part, lncludlng the provlslons of this panwaph, may be lmpUed by any act or omission and will only be valid and enforceable If In wrtcfng and duly aecuted by each of the pardes to this AGREEMENT. Alfy waiver of any tern\ condidon or provision of this AGREEMENT wm not consdane a waiver of any other term. condition or provision hereof, nor wdl a waiver of any breach of any cerm. condldon or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce chis AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Disqlmtnatlon and Equal EmplQJrnent; No action shall be taken by the CONSULTANT, nor wiD It permit any acts or omissions which result ln dlscrlmlnauon against any person, Including employee or applicant for employment on the basis of race, creed, color, admiclty, national origin. rellglan. aae, sex. familial status, marital status, ethnldty, smwal orientation or physical or menial disabUlty as proscribed by law and chat It will take affinnadve acdon to ensure dm such dlscrlmlnadon does not cake place. The CONSUL TANT shall comply with the Americans with Disabilities Act and It will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring pracdces strive to comply with all applicable federal regulations reprding employment ehglblltty and employment practices In general. Thus, all Individuals and emides seeking to do work for die CITY are mcpecced to comply with all appbcable laws. governmental requirements and regulations, Including the reguladons of the Unlrad States Depanment of Justice penalnJn& m employment ellgibUlty and employment pracdces. By slgnlng this AGREEMENT. che CONSULTANT hereby cerdfles under penaJtr of perjury, to che CllY, that CONSULT ANT Is In compliance with all applicable regulations and laws governing employment practJces. 32.0 Ggyarnln1 Laws. This AGREEMENT and the performance of services hereunder wUJ be governed by the laws of the State of Fforlcla, with exclusive venue for the resolutJon of any dispute being a court of competent jurtsdlcdon In Miami-Dade County, Rorlda. 33.0 Effegiye Date. This AGREEMENT shall not become effecdve and binding undl it has been executed by both parties hereto, and approved by the Oty Commission If such approval Is required by Oq,'s Charter, and the effecdve date shall be the date of its execution by the last pany so .execudng 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 Pany Beneficiary. It Is specifically understood and agreed that no other person or entity shall be a dlird-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by '1l1uxna F. Pepa 10/12/2016 Page55 of 66 139 24 I ) I 1 1 I ~ j AGREEMENT. or exlSIIng In law or In equity. It shall noc be necessary CD fite nodce. oth.chan such II01k:e as ma,. herein expressly required. No remedy conferred upon or reserved to any part)' hereto. or existing at law or In equity. shaD be exdusive of any odIer available remedy or remedies, but each aDd every such remedy shaD be cumulative and shall be In acIdidon to awry other remedy. &Wen under this AGREEMENT or hereafter existing at law or In equJ1J. No delay or omission to exercise any rf&ht or power accrulnJ upon any defiwIc shaIIlmpalr any such right or power or shall be consaved to be a waiver dtereof. but any such rf&ht and power may be exercised hm dme tD dme as often as may be deemed expedient. 30.0 NOn-Waiyer. CITY and CONSULTANT aaree that no failure to exerdse and no delay In iIiQi dIins any rJaht, power or prMIep und. this AGREEMENT on the part of elIher party shaD operate as IS walver of any rI&hr. power. or privUeae under this AGREEMENT. No waIYer of dlls AGREEMENT. In whale or part. IncludJq the provisions of this parawaph, may be Impbed by any act or omission and will only be valid and enforceable If In wrIdng and duly executed by each of die parties to this AGREEMENT. AIry waiver of any wm. concltdan or provlatan of lids AGREEMENT wW not consdtule a waiver of any other term. condIdan or provision hereot nor wm a waiver of any breach of any cam. condldon or provision consdane a waiver of any subsequent or succeedInJ breach. The failure tD enforce this AGREEMENT as to any particular breach or default shaD not act as a wahter of any subsequent breach or default. 31.0 Np DIscrImInation and _gal EmplqJmam: No acdon shaD be taken by the CONSULTANT, nor wiD It permit any acts or omissions which result In discrimination apInsc any person.lncludJna employee or applicant for employment on the basis of race, creed. color. edmJdty. nadonaI artgln, relJ&lan, .. sex. famUIaI statui, marital status. et:hnlci1¥. secuaI orientadon or physical or mental disability as proscribed by law and that It wiD lake afftrmadve acdon to ensure that such discrimination does not like place. The CONSULTANT shaD comply with the Americans with DIsabIIIdes Act and It wiD take afRrmadve acdon tD ensure that such dlscrbnJnadon does not. place. The City of South MIamVs hiring practices scrlve to comply with all applicable federal regulations reprchng emplo}tment elJSbUlty and employment pracdces In pneral. Thus. all individuals and emides seelcilll to do work for die CITY are expected 10 comply with all appDcable 1aws.lOY8mmencaJ requirements and reauJadons. Includ1na che reauladons of che UnItBCI Scates Depanment of Justice pertalnIna CD employment eIJgIblllty and employment praedces. By sf&nJnI chis AGREEMENT. the CONSULTANT hereby cerdftes under penakr of perjury, co the COY. chat CONSULTANT Is In compliance with all appUcable reaulations and laws sovem1ng employmem pncdces. 32.0 Ggyll1llnlLaws. This AGRElEttENT and the performance of services hereunder wUI be governed by the laws of the State of AorIcIa, with exclusive venue for the resolution of any dispute beIn8 a coun: of competent )urlsdicdon In MIamI·Dade Coun.,. RorIda. 33.0 Eff'ecdye [)ate. this AGREEMENT shall not become effecdve and blndlna until It has been executed by both parties hereto. and approved by the City Commission If such approval Is required by Otr's Charter. and the etrecdYe date shall be die date of Its execution by the last party so .execudDlIt or If Cit)' Commission approval is required by the Clt(s Charter. chen the date of approval by Ci1¥ Conunlssion, whichever Is later. 34.0 JMnI Partty Benafldar:y. It is specifically understood and aveed that no other person or endey shall be a third-party beneficiary hereunder. and that none of provisions of chis AGREEMENT shall be for the benefit of or be enforceable by 'I'll-. F. Pepo 1011112016 Paae55 of 66 138 24 30 anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 3S.0 Further Assurallf@I. The pardes hereto agree to mcecute any and all other and further doarmencs as rnJ&ht be reasonably necessary In order to ratify. confirm. and effectuate che Intent and purposes of this AGREEMENT. 36.0 Dme af Essence-Time Is of the essence of this AGREEMENT. 37.0 lnter;pratat!Qn. Thls AGREEMENT shall not be constnred more llnffl&ly against either party hereao. rvgardJess of who was more responsible for Its preparation. 38.0 Forg Mal@ura. Neither party hereto shall be In default of Its fallure to perform la oblfpdons under this AGREEMENT If caused by acts of God, clvll commotion. strikes. labor disputes. or gavemmental demands or requirements that could not be reasonably · andclpared and the effects avoided or mldgated. Each parq shall notify die other of any such occurrence. 39.0 Subc;cmractfng If allowed by chis AGREEMENT, the CONSUL TANT shall be as fully responsible to the CITY for the aces and omissions of la subcontraaon/subconsultanu ~ It Is for the aas and om!ssions of people direcdy mnployed by it. All subcomractors/submnsukants and dlelr agreements. If 2111owed by this AGREEMENT, must be approved by ahe CITY. The CONSULTANT shall require each subcontractor, who ls approved by die CITY, co agree In the subconnct to observe and be bound b)' all obllgadons and conditions of dlis AGREEMENT to which CONSULTANT Is bound. 40.0 Pubbc 8econ1s: CONSUL TANT and all of Its subcomractors are required to comply wlch cha public records l!aw (s.119,0701) while providing gaods and/or services on behalf of cha CITY and the CONSULTAN1. under such condlcions. shaD lncorpome this paragraph In all of Its subcontracts for dds Project. Under such condition, CONSULTANT and Its subcontractors are speclflcally required to: (a) Keep and malnmln publfc records required lby the publlc agency to perform the service: (b) Upon request from the public agency's cunodlan af public records. provide die public agency with a copy of the requested records or allow the records to be lnspecced or copied within a reasonable dme at a c:oac chat does not exceed the cost provided In this chapter or as ocherwise provided by law; (c) Ensure that publlc records dlat are mcempt or confldendal and exempt from public ruc:ords disclosure requirements are not dlsdosed except as authorized by law for die duradon of the connct term and following compledon of the conncc If the connccor does inot nnsfer die records co die public agenC)'i and (cl) Upon compladon of die contract. transfer, at no cost. to the publlc agency all public records In possession of the comractor or keep and maintain pubhc records required by the pubDc agency to perfonn the service. If the connctor transfers all public records co the publtc agency upon completion of die contract. the comractor shall destroy any dupDcate publlc records dlat are exempt or confidential and exempt from public records disclosure requlremaf!IS. If the comractor keeps and maintains publlc records upon completion of die conna. die comracror shall meet all appllcable requlremems for reulnlng publlc records. All records stored electronically must be provided to die public agency, upon request from the public agency's custcdJan of public records. In a format that Is compadble with me Information ~nology syscems of the pubDc agency. OF THE CONTRACTOR HM QUEfflONI REGARDING THE APPLICATION CF CHAPTER O Bf, FILORIDA STATUTES, T@ THE CONTRACTOR'S DUTY TO PROVIDE !P>YIILIC UffiCORDS RELATING TC THIS CONTRACT, CONTACT THI& CUSTODIAN OF PUBLIC RECORD$ AT 305-66.1-6340; IE-mall: mm9lnlam11u@southmlamlft.gov; i D 30 lunsiat Drive, South Miami, FL Jll 1413. 41.0 Npdces. Whenever notice shall be required or permitted herein, It _shall be P-age56of6' Thoma, F; Plape 10/1312016 140 25 anyone other than the parties hereto. and that only the parties hereto shall have any rlgha hereunder. 35.0 Furcher Agurallf@!. The pardes hereto agree to mcecute any and all odler and further doarmencs as rnJ&ht be reasonably necessary In order to ratify. confirm. and effectuate the Intent and purposes of this AGREEMENT. 36.0 Dme of Essence. Time Is of the essence of this AGREEMENT. 37.0 1ntar;pratatJqn. This AGREEMENT shaH not be constnred more snnaIY aaaJnst either party hereao. rvgardless of who was more responsible for Its preparation. 38.0 Fcna MalJum. NeIther party herem shall be In default of Its failure to perform Its obllpdons under this AGREEMENT If caused by adS of God. civil commodon, strikes. labor disputes. or pemrnental demands or requirements that could not be reasonably . anddpared and the effects avoided or mIdgated. Each par1J shall notify the other of any such occurrence. 39.0 Subc:omractIng If allowed by chis AGREEMENT. the CONSULTANT shall be as fully responsible to dla CITY for the actS and omissions of lu subcontraaonlsubconsultanu ~ 18: Is for the aas and omSssions of people direcdy 9lIlployed by it. All subcomrac:tiOrsIsubconsukants and dlelr aareemencs. If 21110wed by dils AGREEMENT, must be approved by ahe CITY. The CONSULTANT shall require each subcontractor. who Is approved by dae CITY. CO agree In the subconnct to observe and be bound b)r aD obIIgadons and conditions of dIis AGREEMENT to which CONSULTANT Is bound. 40.0 public Records: CONSULTANT and all of its subcomractors are required to comply wIch dis public records l!aw (1.119,0701) while providing Fods andlor services on behalf of the CITY and the CONSULTANt. under such condlcions. shaD Incorpome this panaraph In all of Its subcontracts for this Project. Under such concDtlon. CONSULTANT and Its subcontractors are specltlcally required to: (a) Keep and malnmln public records required !by the publlc agency to perform the service: (b) Upon request from the public agenc:y's cuSUKlIan of public records. provide die public agency with a copy of the requested records or allow the records to be Inspec:ced or copied within a reasonable time at a tOR chat does not exceed the cost provided In this chapter or as otherwise provided by law; (c) Ensure that public records dtat are exempt or cOnfIdendaI and exempt from PUblic ruc:ords disclosure requirements are not dlsdosed except as authorized by law for die duradon of the COI\U'aCt term and following compledon of the CORncc If the contracCor does !not nnsfer die records co the public agenC)'i and (d) Upon compledon of die contract, transfer. at no cost. to the public agency all public records In possession of the comractor or keep and maintain pubDc records required by the pubDc apncy to perfonn the service. If the conlractor transfers all public records co the public agency upon completion of the contner. the comractor shall destroy any dupUcate public records dlat are exempt or confidential and exempt from public records disclosure requlremal'!lS. If the c:omractor keeps and maintains publlc records upon completion of rhe conna. the contraCtor shall meet all applicable requlremems for reuInIng public records. All records stored electronically must be provided to che public agency. upon request from the public agency's custcdJan of pubUc records. In a format that Is compadble with me information ~nololY syscems of me pubDc agency. OF THE CONTRACTOR HAl QUEmONS REGARDING THE APPUCATION OF CHAPTER 009, 'LORIDA STATUTES, TO THE CONTRACTOR'S DUTY T@ PROVRDE PUIlUC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBUC RECORDS AT 305-663-6340; E-mail: mmenell8d"outhmlunlfLgov; "830 Sunset Drive, South Miami, IFL 3114!. 41.0 Nmtc:u. Whenever notice shall be required or permitted herein, It ,shall be YIIamas F.-Poape 10IIJJZDI6 Page 56 of 66 140 25 31 delivered by hand delivery. e-mail (or similar electronic transmission), facsimile transmission or certified mall. with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mall, the date on the rea.am 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 Dr. South Miami, Fl 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, Fl 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail; tpepe@southmlamlfl,gqy_ 42.0 Cocporate Authorifl: The CONSULT ANT and Its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have. and have exercised. the required corporate power and that they have complied with all applicable legal requirements necessary to adopt. execute and deliver this AGREEMENT and to assume the responsibilities and obligations 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 CONSULT ANT hereunder, and constitutes a valid and binding obligation enforceable In accordance with its terms. conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and condidons set forth herein. Thomas F. Pepe llt/13/2016 Page !57 of 66 26 delivered by hand delivery. e-mail (or similar electronic transmission). facsimile transmission or certified mati. with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mall. the date on the reUlm 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 Manapr. ' 6130 Sunset Dr. South MIami. Fl33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami. Fl 33143 Tel: (30S) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmlamlfl.gQY. 42.0 Cor:porate Autbori,¥ The CONSULTANT and Its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have. and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt. execute and deliver this AGREEMENT and to assume the responsibilities and obligations 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. UN WITNESS WHEREOF. this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. Thomas F. Pepe 1111312016 City ~Mlth1'113lmj By. / /:>"Steven Alexander ~/ City Manager Paga57of66 r 26 32 fwad and Approved as to form, language, Legallay and E'Mecudon thereof: -~~~ By. --------------Thomas F. Pepe, Esq. City AUUU11ey 1ilom&1 Ii'. Pepo B!ll8fflal6 Pag&$8ofH 142 27 fWad and Approved as to form, language. legality and ~ecudon thereof: 142 27 33 ADDENDUM TO PROFESSIONAL SERVICE AGREIEMENT "Professional General Engineering and Architectural Services" RFQ #PW2016-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certified Arborlsts Servlces,U and a separate rotational list will be established for all CCNA professional services. "Certified Arborists Services" Is defined as: o Certified Arborist Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined In Section 20-4.5.1 of the City's Land Development Code. The review Includes the Initial site Inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other Issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational 11st for "Certified Arborists Services'! will rotate every three (3) months among the CONSULTANTS. The City Intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. ~ glneerlng, Inc. lgnaclo Serralta/Presldent (Name of Signatory) Read and Approved as to Form, Language, legality and Execution thereof: -··~~ L /-, By: _ _,,., :>-.,,.,.-=-~_;z"~~ Thomas F. Pepe, Oty Attorney ~ By: / .. > rteven Alexander, City Manager 28 Soui~~iami IIA 'nrUll'lfAM-'I IIYIS(; ADDENDUM TO PROFESSIONAL SERVICE AGREIEMENT "Professlonal General Engineering and Architectural Services'" RFQ #PW2016-22 The City and CONSULTANT agree that a separate rotational list will be dedicated for work performed under a continuing professional service contract, as specified in the Scope of Services, for "Certlfied Arborlsts Services," and a separate rotational list will be established for all CCNA professional services. "Certifled Arborists Services" Is defined as: o Certified Arborist Services! Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the regulations outlined In Section 20-4.5.1 of the CIty's Land Development Code. The review Includes the Initial site Inspection followed up by the determination of mitigation and a final inspection. When needed, assist City Departments with other Issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certlfied Arborists Services'! will rotate every three (3) months among the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. ~ CONSULTAm By: --'"=---f-------"''T-- glneering, Inc. Ignacio SerraltaJPresldent (Name of Signatory) Read and Approved as to Form, Language, legality and execution thereof: -.. ~~ L/-' 8y:-../ :>-"""-=-~r~~ Thomas F. Pepe, aty Attorney ~ By: / .. > rteven Alexander, City Manager 28 34 'llhamasP.Papa IOllll2016 ATIACH!Ml!ENT A "C:@MP!i!l!NIIATD@ll\Q" PIF&@!FUS;@N.AL $feR\f8ClE A@~M!E~T "Profe99kmd GeMni lEng(Marlna a:ind ~ hnlass'' RIFQ #PffleDt-ll Page59af66 143 29 Thomas P. Papa IDlIJI2016 ATTACHMENT fA uC:@MPli!lINl~ATD@~" PIF!@!FU5~@NAL SfeRV8ClE A@~M!E~T "P~kmd GeMnB 1En~1n1_ ~ ~lcW' RIFQ~a'·n Page !if of 66 143 29 35 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification aty 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 30 Professional General Engineering & Architectural Services RFQ IIPW2016-22 Wage Rates Summary Job Classification aty 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 CAOD 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 30 36 A"ll'T ACIHMli:NT .11 DINISIURANCE & INDEMINIDIFDC.A TOOINI RIEQUDIAIIMEINITS fJDROIPl!SSBONAL SERVICE AGUEMl&NT "Profel11Gmill Ganenl Eaalneerlng cnd Archltedauall Senlcet" ll'il!F<Q #FWUll-22 1.0 Io Insurance A. Wllhout hmldng la Uablllty, die connctor, consulmnt or consuh:lng firm (herelnafceB' referred 10 as "FIRK 1 with regard to Insurance and lndemniftcadon requiremenu) shall be required to procure and malmatn at Its own expense during the life of dte ~mract. Insurance of die types and In the minimum arnoums S1ated below as wlU pro&IICC t:he FIRM, from dalms which may arise out of or resuk from d1e c:omnc:t or the perfonnance of the comracc whit die Oly of Saudi Miami, whether such dalm Is apinst die FIRM or any sub-conwactor, or by anyone directly or Indirectly employed by any of ihem or by anyon~ for whose aces any of diem may lbe hable. B. No insurance required by the CITY shall be Issued or wriUen by a surplus ftnes carrier unless audlorized In wrldng by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase lnsuras1ce from and shall mainlaln the Insurance wlt:h a company or companies lawfully authorized ID sell Insurance In the State of Florida. on forms approved by die Staie of Florida. as wlll protect the FIRM. at a minimum, from all clalms as set fonh below which may arise out of or result from rhe FIRM's opendons under the Connet and far which die ARM may be lepl]y liable. whether such operations be by the FIRM or by a Subcontractor or by anyone clJrecdy or lndirecdy employed by any of chem, or by anyone for whose acts any of chem may be lklble: (a) dalms under workers' compensadon, disability benefit and odler similar employee benefit acts which are applicable to the Work to be performed; (b) dalms for damages because of bodily injury, occupational sickness or disease. or death of the FIRM's employees: (c) clalms for damages because of bodily lnfury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages Insured by usual personal Injury llablllq, coverage: (e) claims for damages. other than to the Work iaelf, because of Injury to or destruction of tangible property, lnduding loss of use rasultfng there from; (f) claims for clamages because of bodily Injury. death of a person or property damage arising out of ownership. maintenance or use of a motor vehlde; (g) dalms for bodlly Injury or property damage arising out of completed operadons; and (h) claims Involving connctual liablllty Insurance applfcable to the FIRM's obllgadons under the Contract. 1.011 Ann"s lnsuranr;e Genarab, The FIRM shall provide and malnmln 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 Rorida approved forms and as set forth below: 1.012 Workers" Compensatjon Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation law" of the State of Florida lndudlng Chapter 440, Florida Statutes. _as presendy written or hereafter amended, and all applicable federal laws. Tilonm IF, Pope IQIIJ/2016 Page60of66 145 31 A"Il'TACIHMENT.1I DINISIURANCE a IfNlDEMINIDIFDCATOOINI REQUIREMENTS fJDRO!lll!SSBONAL SERVICE AGUEMf&NT "ProfellalG_ GanenI_neertng end Archltedluall Servlcet" IIiI!F<Q lVFW2Ol1-22 1.0 I 0 Insumnca A. Wllhom hmldng la bability. die connctor. consulmnt or eonsult:lng firm (herelnafceB" referred to as "FlRK' with regard to Insurance and Indemniftcadon requiremenu) shall be required to procure and malmatn at Its own expense during the life of cite ~mract, Insurance of che types and In the minimum arnoums S1ated below as wiD prolllCt the FIRM. from dalms which may arise out of or resuk from d1e c:omnc:t or the perfonnance of the comracc whit the Oly of $ouch Miami. whether such claim Is apinst die FIRM 011' any sub-conb'aCtOr. or by anyone directly or Indirectly employed by any of mem or by anyon~ for whose aces any of diem may !be liable. B. No insurance required by the CITY shall be Issued or wriUen by 8 surplus Bnas carrier unless authorized In wrldng by the CITY and such authorization shall be at the ClTY's sole and absolute discretion. The FIRM shall purchase InsW'aSlce from and shaD mainlaln the Insurance wldl a company or companies lawfully authorized to seU Insurance In the State of Florida. on forms approved by die 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 die FIRM's opendons under the Connet and for which the RRM may be lepily liable. whether such operations be by the FIRM or by a Subcontractor or by anyone cIJrecdy or IncUrecdy employed by any of them, or by anyone for whose acts any of them may be IklbIe: (8) dalms under workers' compensadon. disability benefit and odler similar employee benefit acts which are applicable to the Work to be perfonned; (b) dalms for damages because of bodily injury, occUpational sickness or disease. or death of the FIRM's employees: (e) 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 llabll.., coverap: (e) claims for damages. other than to the Work iUeIf. because of Injury to or destruction of tangible property. Induding loss of use resultfng there from; (I) claims for cIamages because of bodily Injury. death of a person or property damage arising out of ownership. maintenance or use of a motor vehlde; (g) dalms for bodIly Injury or property damage arising out of completed operatfons; and (h) cfaims Involving connctualliablllty Insurance applfcable to the FlRM's obligations under the ContrKt. 1.0 II Ban·s Insuranc@ Gooarau,. The FIRM shall provide and malnDln 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 Ronda approved forms and as sec forth below: 1.012 Wprkers· Compensation Insurance at the SlatUtDry amount as to all employees in compliance with the "Workers' Compensation laW' of the State of Florida Induellng Chapter 440. Florida Statutes. ,as presencJy written or hereafter amended. and aU applicable federal laws. Ttaomatl F. Pope latlSl2O'6 Page 60 of 64 145 31 37 In addldon, the pobcies must Include: Employers' UabUltf at the statutory coverage amount. The FIRM shalB funher Insure that all of Its Subcontractors malmaln appropriate l~ls of Worker's Compensation Insurance. a .Of 3 Commerdal Campmhensiye General LJabflJQr Insurance with broad form endorsemem. as well as automobile Dablllty, compfetecll operations and produces Dabtllty, concraccual llablllf¥. severabHhJ of Interest with aoss llablllty provision. and personal inlury and property damage llablllty with hmlts of $1,000,000 combined single llmlt per occurrence and $2.000.000 aggregate, Including: 0 Personal Injury. $1,000.000; 0 Medical Insurance: $5,000 per person: 0 Property Damage: $500.000 each occurrence: 1.014 UmbreHa Cpmmerdal Comprebwive General LiabHh,J insurance shall 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 dalm and Sl.000,000 Annual Agrepte. Covenae must be afforded on a fonn no more restrlcdve dtan the latest edldon of die Comprehensive General Uabtllc.y policy, without restricdve endorsements. as filed by the Insurance Services Office. and must lndude: (a) Premises and Operation (b) Independent Contractors (c) Produas and/or Compleled Operadons Hazard (cl) Explosion, Collapse and Underground Huard Coverage (e) Broad Form Property Damage (f) Broad Fonn Comractual Coverage appllcable to this spaciftc Comract. Including any hofd harmless and/or indemnlflcadon agreement. (B) Personal Injury Coverage with Employee and Comraccual Exclusions removed. with minimum llmla of coverage equal to those requfred for Bodily Injury Uabihty and Property Damage Uability. 1.015 Business Aummobtle UabllJO' with minimum ltmla of One MIiiion Dollm ($1,000,000.00) plus an addldonal One MUbon Dollar ($1,000,000.00) umbrella per occurrence combined single IJmlt for Bodily ln)ury Uablfirr and Property Damage UablDty. Umbrella coverage must be afforded on a fonn·no more resutcdve than the latest edJdon of the Business Automobile Uabllity pollcy, without resaicdve endorsements, as flied by with die state of Florida. and must include: (a) Owned Vehldes, (b) Hired and Non-Owned Vehldes (c) Employers' Non-Ownership 1.016 SUBCONTRACTS; The ARM agrees that If any pan of the Work under the Contract Is · subler.. rhe subcontract shall comaln the same Insurance provision as required by of the Rrm. other than the Fire and Extended Coverap Insurance and subsdtudng the word Subcontractor for die word FIRM and subsdtudng the woni ARM for CITY where appftcable. 1.017 Bre and Emended Covws: lnsurancs: (Bullders' l\lsk), IF 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, •eroad 11 form/All Risk Insurance on bulldlngs and structures. lndudlng Vandalism & Malidous Mischief coverage. while In the course of construction, Including foundations, additions, attachments and aD permanent fuctures belonging to and constituting a part of PapGI of6' Tbomm IF, !Pepe 10/IJIJOI' 148 32 In addldon. the pabcies must Include: Employers' UabUItr at the statutory coverage amount. The FIRM shaIB furcher Insure that all of Its Subcontractors malmaln appropriate 1~ls of Worker's Compensation Insurance. a .Of 3 CommercIal Campmhens!ye Generall..labUlQr Insurance with broad form endorsement. as well as automObile liability. compfetecll operations and produces Dabtllty. concraccuaillabllh¥. severabHhJ of Interest with G"OSS liability provision. and personal inlury and property damage liability with Omits of $1.000.000 combined single limit per occurrence and $2.000.000 .... re.lnduding: o Personal Injury. $1.000.000; o Medical Insurance: $5.000 per person: o Propeny Damage: 1500.000 each occurrence: 1.014 Umbrella Commerdal Compmlwlsiye General LlabUIf¥ insurance shall be written on a florida approved form with the same coverage as the primary Insurance polley but In the amount of $1.000.000 per dalm and $2.000,000 Annual Agrepte. Covenae must be afonled on a fonn no more restrlcdYe dian the latest edlUon of die Comprehensive General Uabtllty policy. without restricdve endorsements. as filed by the Insurance ServIces OffIce. and must Indude: (a) Premises and Operation (b) Independent Contractors (c) Produas andlor Compleled Operadons Hazard (d) Exploston. Collapse and Underground Huard Coverage (e) !Broad Form Property Dama-ce (f) Broad Fonn Comractual Coverage appUcabie to this spaciftc Comract. Including any hord harmless ancUor indemnlflcadon agreement. (g) Personalln)ury Coverage with Employee and ComraccuaI exclusions removed. with minimum timID of coverage equal to those requfred for BodIly Injury Uablhty and Property Damaae UabUity. 1.015 Business Aummobile YaM. with minimum Itmla of One MIllion Dollm ($1.000.000.00) plus an addldonaI One MUbon Dollar ($1.000.000.00) umbrella per occurrence combined s'llIIe limit for BodIly Injury Uablnr, and Property Damage Uablnty. Umbrella coverage must be afforded on a form'no more restrlcdve than the latest edJdon of the Business Automobile Uabllity poBey. without resaict1ve endorsements, as filed by with die state of florida. and must include: (a) Owned Vehldes. (b) Hired and Non-Owned Vehldes (c) Employers' Non-Ownershlp 1.016 SUBCONTRACTS: The FIRM agrees that If any pan of the Work under the Contract Is . subler. the subcontract shaD comaln the same Insurance provision as required by of the Rrm. other than the fire and Extended Coverap Insurance and subsdtudng the word Subcontractor for die word FIRM and subsdtudng the won" FIRM for CITY where appncable. 1.017 Bre and Extended Coy .. Insurance (BuIlders' RIsk). IF APPUCABl.E: C. In the event that this contract involves the construcdon of a structUre. die FIRM shall maln1aln. with an Insurance Company or Insurance Companies accepcable to die CITY. ftBroad lt form/AD RIsk Insurance on buildings and svuccures. (ndudln. Vandalism a Malldous Mischief coveraae. while In the course of construcdon. lndudJng foundadons, additions. attachments and aD permanent fixtures belonging to and consdtudng a part of 'nIonuIt F.1Pape 10IIJI2016 Paaa61of66 148 32 38 said bulldlngs or scructuras. The policy or poftdes shall also cover machinery, If lhe cost of maddnery la Included In the Connet. or lf the machinery Is locarad In a building that Is belna renovated by reason of dlls connca. The amount of lnsunnce must, at all dmes. be at least equal to the replacement and aaual cash value of the Insured propen,. The poDcy shall be In the name of die CITY and the Arm, u lhelr lnanst may appear, and shall also cover the lnansts of aD Subcontractors performing Work. D. AD af die provisions set forth In Miscellaneous secdon herein below shall apply to this coverage unless It would be dearly not appllc:able. 1.018 MllcelllQeouc F. If any notice of cancelladon of Insurance or change In coverage Is Issued by che Insurance company or should any Insurance have an explradon date that wlll occur during the period of this contract. the FIRM shall be responsible for secuma other accep1lble Insurance prior to such c:anceltadon. c:hanp. or expiration so as to provide comlnuous coverage as specified In this secdon and so as to malmaln coveraae during che Bfe of this Connet. G. All deducdDrles must lbe declared by die FIRM and must be approved by the CITY. At che opdon of the CITY, either die FIRM shall ellmlnate or reduce such deducdble or the FIRM shall procure a Bond, In a form smdsfactary to die CnY covertns the same. H. The poltcies shall contain waiver of subropdon apJnst CITY where applicable. shall expressly provl~ chat such policy or polldes are primary over any other colJectlble Insurance dm CITY may have. The CITY resenes the right at any dme to request a copy of die requlred pollcles for review. AU poBdes shall contain a "severablhlJ of Interest" or .. a'OSS bablltty' clause without obllpdon for premium payment of die CITY as weD u connctUal IJabllity provision covertna the FIRM'S dUIJ to indemnify die City as provided In this Agreement. I. Before scanlng die Work. the FIRM shall dellver to die CITY ceniflcates of such Insurance. acceptable to die CITY, as well u die insurance binder, if one Is Issued. che lmurance poftcy, lncludlna the declaration pap and aD applicable endorsernems and provide the name. address and Ullephone number of die Insurance a,ent or broker through whom die policy was obtained. The Insurer shall be rated A VII or better per AM. Best's Key Rating Gulde. latest edldon and authorized to Issue Insurance In the State of Florida. All Insurance pobdes must be wrltaen on forms approved by the Sme of Florida and chey must remain in fuU force and effect for die duration of the contract period with the CITY. The FIRM may be required by the QTY, at Ill sole dlsa'edon, to provide a "cenifled copy" of~ Policy (as defined In Anlcle I of this document) which shaD Include the declaradon pap and aD required endorsements. In addidon. the FIRM shall. deliver, at the dme of delivery of lhe Insurance cerdfteate, the following endorsements: · (3) a policy provision or an endonemenc with subnamlally similar provisions as follows: ThomaD F. Pepe IO/flll016 .. ,.he CitJ of South Miami is an additional insured. The Insurer shall pay all sums that cha City of South Miami becomes legally obhptad to pay as damages because of 'bodily tnJury", 'property damage' • or "personal and adverdslng lnJury" and It wlD provide ro the City all of die coverage dm Is typically provided under the standard Florida approved forms for commercial general 1Jabib9 coverage A and coverage B"; Pap62of66 147 33 said bulldlnp or scructuras. The policy or pondes shall also cover machinery. If Ihe cost of maddnery Is Included In the Convact. or If clae machinery Is loeared In a bulld1ns that Is beIna renovated by reason of chis CORneL The amount of lnsunnce must, at all dmes. be at least equal to the replacement and actUal cash value of the Insured pro...,. The policy shaIJ be In clae name of die CITY and the Arm. u dlalr Inanst may appear. and shall also cover the Inansts of aD Subcontractors perfOrming Work. D. AD af che provisions set forth In Miscellaneous secdon herein below shaD apply to this coveraae unI_lc would be dearly not applicable. 1.018 MlIceIIaneouc F. If any nodee of cancelladon of Insurance or change In coverap Is Issued by the Insurance company or should any Insurance have an expIradon date that will occur durln& clae period of thls contract. clae FIRM shall be responsible for seeu ..... other accep1IbIe Insurance prior to such c:anceltadon. c:hanp. or expiration so as to provide comInuous coveraae as specified In this secdon and so as to maImaIn coveraae during che Bfa of this Connct. G. All dedUC8lDrles must !be declared by me FIRM and must be approved by the CITY. At che opdon of the CITY. either che FIRM shall eliminate or reduce such deducdble or die fiRM shall procure a Bond, In a form smdsfactary to die em ccwerlns the same. H. The poItcies shall contain waiver of subropdon apJnst CITY where applicable. shall expressly provI~ ... such policy or polldes are primary over any other collectible Insurance dlat CITY may have. The CITY resenes clae ri&ht at any dme to request a copy of me requlred policies for review. AU poBdes shaD contain a "severabln., of Inter." or Ua'OSS bablltty" clause without obllpdon for premium payment of me CITY as weD u concractUallJabllity provision covert." the FIRM'S dUIJ to indemnify dte City as provided In this Agreement. I. Before scanlng dte Work. the FIRM shaD deliver to me CITY cerdflcates of such Insurance. acceptable to die CITY, as well as die insurance binder. if one Is Issued. die Insurance poftcy, Includlna the declaration pap and aD applicable endorsementS and provide the name. address and UIIephane number Of the Insunnce ..,at or broker through whom die policy was obtained. The Insurer shall be rated A VII or better per AM. Best's Key RId .. Guide. latest edldon and authorized to Issue Insurance In the State of FlorIda. All Insurance pobdes must be wrItaen on forms approved by the S_ of florida and they must remain in fuU force and effect for die duration of the contract period with the CITY. The FIRM may be required by the aTY • • lis sole dlsa'edon, to provide a "cenifled copy" of ~ Policy (as defined In Anlde I of this document) which shaIIlndude the decIaradon pap and aD required endorsements. In addidon. the FIRM shall' deliver. at die dme of delivery af the Insurance cerdftcate, the following endorsements: . (3) a policy pravIston or an endonemen, with subS1amlally similar provisions as foUows: nom. •• Pepe IOIIIIlO16 "The CItJ of Sauch Miami is an additional insured. The Insurer shall pay all sums that the City of South Miami becomes lepIIy obIipted to pay as damages because of 'bodily inJury", 'property damage' , or "personal and advenislng inJury" and It wiD provide to the CIty all of die coverage that Is typically provided under the standard Florida approved farms for c:ommerciallenerailiabihIJ coveraae A and coveraae B": Pap 62 of" 147 33 39 (4) a policy provision or an endorsement with subscantially simllar provisions as follows: "This policy shall not be cancelled (indudlng cancelladon for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten {DO) days advanced written nodca of the Intent to materially modify the poDcy or to cancel or terminate the policy for any reason. The nodflcadon shaDJ be delivered to the City by cerdfted mal~ with proof of delivery to the City.'' J. If the FIRM ls providing prof esslonal services, such as would be provided by an architect. engineer, attorney, or accountant, to name a few, than In such evant and In addldon to the above requirements. die FIRM shall also provide Professional UabHlty Insurance on a Florida approved form In the amount of $1,000,000 with deducdbfe per dalm if any, not to elCCeed 5% of the llmlt of llabUlty providing for all sums which the ARM shall become legally obligated to pay as damages for dalms arising out of the services or work performad by the FIRM Its agents, represent.atives. Sub Contractors or assigns, or by any person employed or retained by him ln c:onnecdoo with this Agreement. This Insurance shall be maintained for four years after completion of the constn1c:don and acceptance of any Project covered by dlb Agreement. However, the FIRM may purchase Speclflc ProJea Professional Uablllty Insurance, In the amount and under the terms specified above, which Is also acceptable. No Insurance shall be issued by a surplus fines carrier unless authorized In wridng by che city at the city's sole, absolute and unfettered discretion. G. The Finn 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 CITY1s property due to the nesllgence or other fault of the Arm or anyone acting through or on behaBf of dte Rrm. H. The Firm shall Indemnify, defend, save and hold CITY, Its officers, afftfiateS, employees, succ:essors and assigns. harmless from any and aD damages, claims, llablllty, losses, dalms, demands. suits. fines, Juqmenu or cost and expenses, lncfudlng reasonable attorneys fees, paralegal fees and Investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appeUate levels, which may be suffered by, or acaued against, charged to or recoverable f'rom the City of Soum Miami, Its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including dalms for injury to, or death of any person or persons and for the loss or damaae to any property arising out of a negflgent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of die Firm, tu contraaor/subcontractor or any of their officers, directors. agents, representadves, employees. or asstps. or anyone acting through or on behalf of any of them. arising out of this Agreanent. Incident to It, or resuldng from the perfommnce or non-performance of the Firm's obllgadons under this AGREEMENT. I. The Arm shall pay all claims, losses and expenses of any kind or nature whatsoever, In connection therewith, indudlng the expense or loss of the CITY and/or Its affected Page6lof66 Tbomml F, Pepe IO/IJIZOl6 148 34 (4) a potlcy provision or an endorsement with subscantially similar provisions as follows: "This policy shall not be cancelled (indudlng caneelladon for non-payment of premium). terminated or materially modified without first giving the City of South Miami ten (DO) days advanced written nodca of the Intent to materially modify the poncy or to cancel or termInate the policy for any reason. The nodficadon shaDl be delivered to the City by cerdfted mal~ with proof of delivery to the City." J. If the FIRM Is providing professional services. such as would be provided by an architect. engineer, attorney, or accountant, to name a few, than In such evant and In addldon to the above requirements. die FIRM shall also provide Professional UabHlty Insurance on a Florida approved form In the amount of $1.000.000 with decrucdble per dalm if any. not to elCCeed 5% of the limit of 11abl11ty providing for all sums which the ARM shall become legally obligated to pay as dama&es for claIms arising out of the services or work performad by the fiRM Its agents, representatives. Sub Contractors or assigns. or by any person employed or retained by him In c:onnecdoo with this Aveement. This Insurance shall be maintained for four years after completion of the constnlc:don and acceptance of any Project covered by dlb Agreement. However, the FIRM may purchase Speclflc Prolea Professional liabIlity Insurance, In the amount and under the tenns specified above, which Is also acceptable. No Insurance shall be issued by a surplus nnes carrier unless authorizad In wridng by the city at the city's sole, absolute and unfettered discretion. G. The Finn accepts and voluntarily Incurs aU rlslcs 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 nesllgence or other fault of the Arm or anyone acting through or on behaBf of efte Rrm. H. The FIrm shall Indemnify. defend, save and hold CITY, Its officers, affinateS, employees, successors and assigns. harmless from any and aD damages. claims, liability. losses, dalms, demands. suits. flnes, )udplenu or cost and expenses. Incfudlng reasonable attorney's fees, paralepi fees and Investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at aD appeUate levels. which may be suffered by. or aea-ued against. charged to or recoverable from the CIty of Soudl MIami, Its officers, affiliates, employees. successors and assigns. by reason of any causes of actlons or claIm of any !dnd or nature, including dalms for injury to, or death of any person or persons and for the loss or damaae to any property arising out of a negflgent error. omission, misconduct, or any gross negligence, intentional act or hannful conduct of die FIrm, its contractOr/subcontractor or any of their officers. directors. agents, representadves, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Aveement, Inddent to It. or resuldng from me performance or non-performance of the Firm's obligations under this AGREEMENT. I. The Rrm 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 'iho1ll8ll F. Pepe IOJI !120 16 148 34 40 officers, afflbales. employees. successon and assl&M. lncludin& their attorney's fees. In the defense of any aalon In law or equity brouaht aplnsc diem and arlsln& from die fflllltlent error, omission, or act of the Rm,. Its Sub-Comrac:tor or any of dutlr aaents. representadves, emploJees, or assigns. and/or arising out of, or lnddenc to. chis Aareement, or Incident to or resulting froni che performance or non-performance of die Finn's ob6pdons under chis AGREEMENT. J. The Finn aarees and recognizes chat neldler the QTY nor la offlcen. afftllales. empfoJees. successors and assigns shall be held liable or responsible for any claims. lndudJna the costs and expenses of defendlna such dalms which may nsult from or arise out of actions or omissions of dae Arm. Its concracior/subconnctar or any of dselr agenu. representmives, employees. or assigns. or anyone acdna throup or on behalf of the them, and arlsinl out of or concerning dae work or event that Is occurring on die CITY's property. In reviewing. approvl1t1 or rejecdng any submissions or acts of die Finn, CRY In no way assumes or shares responslbdliy or llablllc, for the acts or omissions of aha · Fl~ Its contracCIOr/subcontractor or any of their..,.._ representatives. employees. or asslps. or anyone acdna dlrou&h or on behalf of diem. K. The Finn has lhe dan, to provide a defense wit!\ an aaomey or law ftnn approved by che City of South Miami; which approval wtD not be unreasonably wldlheld. L However. u to desi&n professional contracts. and pursuanc to Section 725.08 (I), Florida Smutes, inone of the provisions set fonh herein above that are In conflict wllh chis subpanaraph shall appl}i and dds subpanaraph shall set forth the sole responslblllty of Iha design professional concerning lndemntftcadon. Thus. die design professlonars obHpdons as to die City and la qencles. as well as to Its officers and employees. ls to Indemnify and hold chem hannlass from llabUllles. damages, losses, and COSl'S, lncludinr, but not llmlted to, reasanable momeys• fees. to the extent caused by die nealJgence. reddessness. or lmemlonally wrongful conduct of me design professional and other persons employed or utilized by the design professional In the performance of the contract. ThomaF.IPe,o IIIIJ/2016 THIS IS INCLUDED IN THE GENERAL CON0mONS END OF SECTION Page64of66 149 35 ofIicers, affibales. employees. successors and assJ&ns. lncIudina their attorney's fees. in the defense of any acdon in law or equity brouaht aaar-chem and arlslna from che neaB&ent error, omission. or act of the Firm. Its Sub-Comrac:t:or or any of dutIr agents. represen1adves, empIoJees, or assigns. ancUor arls1n8 out of, or Inddenc to. chis Aareement. or incident to or resulting froni che performance or non-performance of dte Finn's ob6pdons under chis AGREEMENT. j. The finn aarees and recognizes chat neldIer the arv nor lea offIcen. affiliates. empfoJees. successors and assigns shall be held liable or responsible for any claims. Indudlna che costs and expenses of defencDna such claims which may result from or arise out of actions or omissions of dae Arm. Its concractorlsubcollftctar or any of their aaenu. representa1ives, employees. or assip. or anyone acdna thre ..... or on behalf of die them. and arIsinI out of or concernin8 dae work or event that Is occurring on die CITY's property. In revlewllIIo approviRl or reJecdnc any submissions or acts of Ihe Finn. CRY In no way assumes or shares responsibility or llahtlle, for the acts or omissions of ahe . Fl~ Its contracClOr/subcontractor or any of their ...... representatlves. employees. or assJans. or anyone acdna dlrouah or on behalf of them. It The finn has die danr to provide a defense witI\ an attOrney or law finn approved by the Ocr of South MIamI; which approval wiD not be unreasonably wIdlheld. L However. as to desi&n professional contracts. and pursuanc to Section 725.08 (I). florida Statutes, none of the provisions set fonh herein above that are In conflict wlltt chis subpanaraph shall appI}i and chis subpanaraph shall set forch die sole responsibility of dae desJ&n professional concemlnglndemntftcadon. ThUs. che design professlonal"s oblJpdons as to die CIty and la qencIes. as well as to Its offtcers and employees. Is to indemnify and hold chem hannlass from IIabUl1Ies. damages, losses, and costs, Includinr, but nocllmlted to. reasonable momeys' fees. to the extent caused by dae neaIJgence. reddessness. or lmemlonally wronaful conduct of me design professional and other persons employed or utilized by the design professional In the performance of die contract. 1'homaF.~ 1111112016 THIS IS INCLUDED IN THE GENERAl CONOmONS END OF SECTION 35 CITY OF SOUTH MIAMI PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 SUBMITTAL DUE DATE: September 7, 2022 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as “Owner”) through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City’s request (hereinafter referred to as “Request for Proposal”, “RFP” or “E-Bidding”) All references in this Solicitation (also referred to as an “Invitation for Proposals” or “Invitation to E-bid) to “City” will be a reference to the City Manager, or the manager’s designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it t o mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PR2022-19, PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B & C) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as “the Project” or “Project”). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami’s web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the “Closing Date”) on September 7, 2022 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, September 7, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope o f the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Nkenga A. Payne, CMC City Clerk, City of South Miami 1 of 82 41 DemandStar Registration and User Account Sign-in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. If you do not have an account with DemandStar, click on “Create Your Account” otherwise, if you have an account, click on the “x” in the upper right-hand corner of this message and it will bring you to the following user sign in page. 2 of 82 42 SCOPE OF SERVICES and SCHEDULE OF VALUES PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1, ATTACHMENTS A, B, & C. 3 of 82 43 SCHEDULE OF EVENTS PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 TENTATIVE SCHEDULE No Event Date* Time* (EST) 1 Advertisement/ Distribution of Solicitation & Cone of Silence begins 8/11/2022 10:00 AM 2 Pre-RFP Meeting: NONE SCHEDULED NONE SCHEDULED 3 Deadline to Submit Questions 8/26/2022 10:00 AM 4 Deadline to City Responses to Questions 8/31/2022 10:00 AM 5 DEADLINE TO SUBMIT RFP RESPONSE: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ 9/7/2022 10:00 AM 6 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 9/7/2022 10:30 AM 7 Projected Announcement of selected Contractor/Cone of Silence ends 10/4/2022 7:00 PM END OF SECTION 4 of 82 44 INSTRUCTIONS for RESPONDENT PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE “PROPOSAL” THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS “CONTRACTOR” OR AS “CONSULTANT”. 1. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment, and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms, and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City’s General Provisions, Terms and Conditions herein will take precedence over any terms and condition s submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract if any i) Respondent’s Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm’s Proposal; and d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in b ad faith. 7. The terms, provisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation. 5 of 82 45 8. Any questions concerning the Solicitation or any required need for cl arification must be made in writing, by 10:00 AM August 26, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamifl.gov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as “Solicitation Specifications” or “Solicitation”) by U.S. mail, e-mail, or other delivery method convenient to the City and the City will notify all prospective firms via the City’s website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City’s website. 10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the “Cone of Silence,” in accordance with Section 8A-7, of the City’s Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City’s professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing , or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City’s Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City’s Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. 6 of 82 46 g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub- consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not sub mit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent’s authorized representative in blue ink at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase “not applicable” or “NA”. The proposal must be delivered on or before the date and time, and at the place an d in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/E-bid Bond, (Bond or cashier’s check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer’s trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words “appro ved equal”, it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent’s risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent’s name and manufacturer’s brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten (10) calendar days of the request. The City will not be responsible for the return of samples. 7 of 82 47 e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Compet ency, or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal /E-bid Bond, if required for this Project. 20. Respondent must comply with the City’s Insurance Requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City’s bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing, or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contrac t and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent’s signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent’s behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City’s sole and absolute discretion, the City may treat the Respondent’s signature on any of those documents as the Respondent’s signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the understanding and agreement to indemnify and hold harmless, to the fullest extent permitted by law, the City 8 of 82 48 of South Miami and its officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent’s contractual obligations to the City. Nothing contained in this solicitation is intended to imply, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent’s favor in any suit filed which concerns this Solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this paragra ph to the contrary, a design professional’s indemnification obligations are limited to the requirement of paragraph F of the City’s Indemnification Requirements in Exhibit 2. 26. Cancellation: Failure on the part of the Respondent to comply with the condition s, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent’s employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 28.6. The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent’s signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City’s option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance docu mentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier’s check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 9 of 82 49 30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E- bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to reject all E-bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent’s E-Bid Form, if any, and a Respondent’s Cost and Technical Proposal if it is included with this Solicitation Package. 33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E- bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent’s principal, partners, members, or stockholders (collectively referred to as “Respondent Debtors”). An E-bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. Protest Procedure. See attached EXHIBIT 7. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as N/A. 38. Availability of Contract - Any Governmental or quasi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its own exemption certificates as required by the successful E-bidder(s)/proposer(s). 39. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If respondent’s prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, 10 of 82 50 conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of an y material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the descriptio n of each document the Respondent must cite the statutory provision that provides the basis for the Respondent’s claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as “properly list” or “properly listed” confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the productio n of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent’s claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respond ent an opportunity, at Respondent’s sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions will govern the interpretation of this RFP: “Certify”, including all of its tenses, such as “certifies”, “certifying” and “certified”, means the act of swearing or affirming under penalties of perjury that the facts that are being “certified” are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The “Best and Final Offers” must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: “Best and Final Offers”. On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City’s Procurement Manager, will tabulate the Selection Committee’s scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re -advertised. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the a ward recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. 11 of 82 51 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager. 47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the perform ance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2All rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors , or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software , if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, un der common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants, while perfo rming work for the City, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a “protected class” and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial and material breach of this Contract. 12 of 82 52 CONE OF SILENCE ORDINANCE, SECTION 8A-7 PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (1) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information (“RFI”) or request for bid (“RFB”), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the “Potential Bidder”), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the “Bidder’s Representative”) and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) “City’s professional staff” means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager’s designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (1) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; 13 of 82 53 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder’s Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City’s professional staff and Potential Bidders and/or Bidder’s Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder’s Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 14 of 82 54 PROPOSAL SUBMITTAL CHECKLIST FORM PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Schedule of Values, EXHIBIT 1, Attachment C X Indemnification and Insurance Documents, EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Signed Contract Documents (All – including General Conditions and Supplementary Conditions if attached), EXHIBIT 4, 5, & 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. NOTE: BID & PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT END OF SECTION 15 of 82 55 RESPONDENT QUALIFICATION STATEMENT PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 The response to this questionnaire will be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price c) Project Name: Owner Name: 16 of 82 56 Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 17 of 82 57 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information must be attached to the proposal. a) RESPONDENT’s home office organization chart. b) RESPONDENT’s proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 18 of 82 58 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 82 59 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 Respondent must list all proposed subcontractors and subconsultant if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor/Subconsultant Name Address Telephone, Fax & Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 20 of 82 60 NON-COLLUSION AFFIDAVIT PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ___________________________________________ being first duly sworn, deposes and states that: (1) He/She/They is/are the ______________________________________________________ (Owner, Partner, Officer, Representative or Agent) of __________________________________________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Re spondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees, or parties of interest, including this affiant. Signed, sealed, and delivered in the presence of: _________________________________ By: ___________________________________ Witness Signature _________________________________ ___________________________________ Witness Print Name and Title ___________________________________ Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) ______________________________________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 21 of 82 61 WITNESS my hand and official seal. _______________________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ______________________________________ (Name of Notary Public: Print, Stamp, or type as commissioned.) ____ Personally known to me, or ____ Personal identification: _________________________ Type of Identification Produced ____ Did take an oath, or ____ Did Not take an oath. 22 of 82 62 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes – “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted ve ndor list”. The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate , or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to ____________________________________________________________________________ [print name of the public entity] by ____________________________________________________________________________ [print individual’s name and title] for___________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is ____________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ___________________________________________________.) 2. I understand that a “public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after J uly 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an “affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, will be a prima facie case that one person controls 23 of 82 63 another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] _____ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entit y crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ____________________________________ [Signature] Sworn to and subscribed before me this __________ day of ___________________________, 20____. Personally known ________________________ ___________________________________ OR Produced identification _________________ Notary Public – State of ________________ _______________________________________ My commission expires ________________ (Type of identification) (Printed, typed, or stamped commissioned Form PUR 7068 (Rev.06/11/92) name of notary public) 24 of 82 64 DRUG FREE WORKPLACE PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph (1) above. 4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT’s Signature: ___________________________________ Print Name: _________________________________________ Date: ______________________________________________ 25 of 82 65 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and the City’s Consulting Engineer, if any. against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under E-bid a copy of the statement specified in Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title 26 of 82 66 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 The person, or entity, who is responding to the City’s solicitation, hereinafter referred to as “Respondent”, must certify that the Respondent’s name Does Not appear on the State of Florida, Department of Management Services, “CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS”. If the Respondent’s name appears on one or all the “Listings” summarized below, Respondents must “Check if Applies” next to the applicable “Listing.” The “Listings” can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists DECLARATION UNDER PENALTY OF PERJURY I, _____________________ (hereinafter referred to as the “Declarant”) state, that the following facts are true and correct: (1) I represent the Respondent whose name is ______________________________. (2) I have the following relationship with the Respondent __________________ (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists (4) I have entered an “x” or a check mark beside each listing/category set forth below if the Respondent’s name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent’s name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable ___ Convicted Vendor List ___ Suspended Vendor List ___ Discriminatory Vendor List ___ Federal Excluded Parties List ___ Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. By: ___________________________ (Signature of Declarant) ___________________________ (Print name of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the ____ day of ______________, 20_____, before me, the undersigned authority, personally appeared ____________________________________ who is personally know to me or who provided the following identification ______________ and who took an oath or affirmed that that he/s he/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. ____________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL ____________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) 27 of 82 67 RELATED PARTY TRANSACTION VERIFICATION FORM PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 I ______________________________, individually and on behalf of ______________________________ (“Firm”) have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics, Section 8A-1 of the City’s Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person ex ecuting this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ____________________________________________________________________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or o thers. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as 28 of 82 68 follows:____________________________________________________________________________ (if necessary, use a separate sheet to supply additional inform ation that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ________________________ ____________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons’ immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Ver ification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City’s Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ 29 of 82 69 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel, and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies , such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and 30 of 82 70 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b )(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. 31 of 82 71 (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the inte rest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. 32 of 82 72 (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of 33 of 82 73 advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 34 of 82 74 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 This affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyis t registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ______ day of ___________________, 20 ___. ___________________________ Signature of Representative ___________________________ ______________________________ Print Name and Title Print name of entity being represented. END OF SECTION 35 of 82 75 NOTICE OF AWARD PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 The City has considered the Proposal submitted by your firm for the PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 in response to the City’s advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 and the negotiated price is attached as Exhibit A to this Notice of Award. You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten (10) day from the date o f this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi -year contract requiring payment out of more than one year’s appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY: __________________________________ Shari Kamali City Manager Dated this ____ day of ______________, 20____ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by _______________________________ On this the ______ day of ____________________, 20____. BY: __________________________ TITLE: __________________________ You are required to return an acknowledged copy of this Notice of Award to the City Manager. END OF SECTION 36 of 82 76 NOTICE TO PROCEED CONSTRUCTION CONTRACT PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 TO: DATE: PROJECT DESCRIPTION: PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19. You are hereby notified to commence Work in accordance with the Construction Agreement for PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 on or before _________ (Commencement Date). You are to complete the work within 90 calendar days from the Commencement Date. City of South Miami BY: __________________________ ___________________________ (print name) City Manager, or designee ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by ______________________________ on this day of , 20____. BY: ___________________________ TITLE: ___________________________ END OF SECTION 37 of 82 77 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT A PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the “Work”). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. This includes but is not limited to keeping the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. All of the Work must be reflected in the Respondent’s proposal and “Schedule of Values Form, “found in the Scope of Services, Exhibit 1, Attachment C. 38 of 82 78 All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachments A, B, and C , all federal, state and local requirements, guidelines and regulations included the Florida Building Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park, public playground safety standards, rules and guidelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday—See Section 7-15 and 7-16 of the City’s Code of Ordinances. IT IS THE BIDDER’S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. II. SPECIFIC REQUIREMENTS: The City is soliciting proposals from highly qualified firms for professional construction services related to the installation of power-operated LED bollard lighting along the existing asphalt trail and a commercial aerating fountain system (pond area), as per the design contract documents. All work must be completed within ninety (90) calendar days as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit 1, Scope of Services, Attachment A, B, & C. Respondents shall review enclosed specifications and engineering construction plan documents . Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). III. SITE LOCATION: The construction project will be held at Fuchs Park, located at 6420 SW 80th Street, South Miami, FL, 33143. IV. DESIGN PLANS & SPECIFICATIONS: “Phase II – Part 2 Fuchs Park Improvement Design & Construction Plans” for this project are included as Exhibit 1, Scope of Services, Attachment B, V. PRICING - LUMP SUM PRICING: Proposal pricing must be submitted in a “Lump Sum” by completing Exhibit 3 “Respondents Bid Form” and shall include all cost associated with completing this project as outlined in the scope of services and associated design construction plans. It is the City’s intention to award this project to a single Contractor. SCHEDULE OF VALUES : RESPONDENTS ARE TO COMPLETE THE “SCHEDULE OF VALUES FORM, EXHIBIT C.” 39 of 82 79 WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT C. 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. PROJECT DURATION: After permit(s) have been secured/approved, the Respondent is responsible for completing this project within ninety (90) calendar days from issuance of 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 • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • life expectancy of power-operated LED lighting under normal use; and • Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and • the term of the warranty. At a minimum, Respondent/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (1) year 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. If the manufacturer’s warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. SPECIAL NOTE A PERFORMANCE AND PAYMENT BOND IS (NOT) REQUIRED FOR THIS PROJECT. END OF SECTION 40 of 82 80 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT B PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 “DESIGN PLANS AND SPECIFICATIONS” “Phase II – Part 2 of 2 Fuchs Park Improvement Design & Construction Plans” Prepared by: SRS Engineering, Inc. 41 of 82 81 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT C PHASE II – PART I OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 “SCHEDULES OF VALUES” NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT’S SUBMITTAL AS NON-RESPONSIVE Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a unit price contract, in accordance with the Project Manual. ITEM ITEM EST. UNIT TOTAL NO. DESCRIPTION QTY COST Site Preparation 1-1 Asphalt Repair 1 LS 1-2 Sod 1 LS Electrical 2.1 Demolition 1 LS 2-2 Light Bollards 1 LS 2-3 Hand-Holes 1 LS 2-4 Anchor Bases 1 LS 2-5 Fountain 1 LS 2-6 Electrical Equipment 1 LS 2-7 Wire and Conduit 1 LS 2-8 Labor 1 LS TOTAL: 3-1 Permitting 1 LS 3-2 Survey 1 LS 3-3 As Built 1 LS TOTAL PROJECT COST: 42 of 82 82 SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 43 of 82 83 EXHIBIT 2 PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as “FIRM” with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY’s sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm’s Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 44 of 82 84 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 45 of 82 85 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM’s duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a “certified copy” of the Policy (as defined in Article 1 of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: “The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of ‘bodily injury”, ‘property damage’, or ”personal and advertising injury” and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B”; (2) a policy provision or an endorsement with substantially similar provisions as follows: “This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City.” E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be 46 of 82 86 issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole, absolute, and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph 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 p rofessional’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 47 of 82 87 EXHIBIT 3 PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 RESPONDENTS BID FORM NOTE: FAILURE TO COMPLETE AND SUBMIT THE RESPONDENTS BID FORM WILL RENDER A RESPONDENT’S SUBMITTAL AS NON-RESPONSIVE THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachment A, B, & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City ’s Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent’s bid, or proposal price, has taken into consideration all possible 48 of 82 88 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 at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above , d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced o r solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. I f this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: ______________________ dollars and ________________cents Alternates: #1__________________ #2______________________________ A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit 1, Scope of Services, Attachment A, B, & C, shall be completed, in full, within 90 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 49 of 82 89 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent’s Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 9. This proposal is submitted by ________________________ whose address is ________________ ___________________, whose telephone number is ______________, whose fax number is ____ _____________, whose email address is __________________________ and whose authorized representative signing this Bid Form is ____________________________ whose title is _________. 10. By submitting this proposal, I, for myself and on behalf of the business 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, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: ______________________________ Date of Execution: _______________________ ___________________________ [Print signatory’s name] END OF SECTION 50 of 82 90 EXHIBIT 4 CONSTRUCTION CONTRACT PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 THIS CONTRACT was made and entered into on this _________ day of _________________, 20____, by and between _________________________________________________ (hereafter referred to as “Contractor”), and the City of South Miami (hereafter referred to as “Owner”), through its City Manager (hereafter referred to as “City”). . Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: 1. Contractor must furnish all labor, materials, equipment, machinery, tools, apparatus, transportation , and any other items necessary to perform all of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. The Contract Documents must include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties , the solicitation documents (“hereinafter referred to as “Bid Documents”) and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby agrees to pay to Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the Lump Sum amount of: ______________________________________________________________Dollars ($_________________. __) (Spell Dollar Amount above) (“Contract Price”). 5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent will have no right to additional compensation for such work. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6. If the Work is expected to require more than one month, Owner will make monthly partial payments to Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract must be made within sixty (60) calendar days after th e completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. 8. The Work must be completed in 90 calendar days. In the event that Contractor fails to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of $1,000.00 dollars per day, 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond (“Bond”) is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City deems the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, Contractor must, at its expense within five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor 51 of 82 91 will be deemed to be due under this Contract unt il such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 10. No additional Work or extras may be done unless the same is duly authorized in writing, and in advance of the work, by appropriate action by the City and in accordance with the Contract Documents. 11. The date that this contract was “made and entered into” and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the Contract whichever is the later date. 12. All provisions, conditions and restrictions contained in the bid document entitled Instructions to Respondents are made a part of this agreement by reference. Any conflict between that document and this contract or the exhibits to this contract are to be resolved by the City Manager in the managers sole and absolute discretion. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Contract. CONTRACTOR: _______________________________ Signature: ________________________________ Print Signatory’s Name: ________________________________ Title of Signatory: ________________________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ______________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney 52 of 82 92 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 ARTICLE 1 – DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically 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 th e term in question: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications, or correction. Application for Payment: A form approved by the City’s consultant (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to OWNER’s solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnishe d by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line-item pricing, where there are multiple locations, and the timeframe for completing the work. City: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager’s designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager: Includes the City Manager’s designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR’S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm, or corporation with whom OWNER has executed the Contract. CONSULTANT: The person identified as CONSULTANT in the Supplementary Conditions or, if none, then OWNER’s designated representative as identified in the Supplementary Conditions. Day: A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. 53 of 82 93 Days: The number of twenty-four (24) hour periods following the event to which the word “days” refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, even t, or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday, or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT’S recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. Field Order: A written order issued by CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non-conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANT’s recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, C ity Manager will execute and deliver the Contract to him. Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Policy: The term “policy” as used in the Contract Documents means the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor “punch list” items; or if t here be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event will the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by CONSULTANT, will be null and void if it is based on false, misleading, or inaccurate information, from any source, or when it would 54 of 82 94 not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by C ity Manager to be minor “punch list” work. Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties, and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term “Notice” as used herein means and includes all written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 – PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified, and financial able to perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after o pening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately execute d will, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond if any are required by the applicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded in the public records of Miami-Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 55 of 82 95 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and del iver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor’s Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinance, rules, and regulations that may in any manner affect performance of the Work and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the C ity Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre-construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER’S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR, and its Superintendent. Qualifications of Subcontractors, Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of 56 of 82 96 Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, CONSULTANT will notify CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person, or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective Work, material or equipment, or any Work, material, or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3–CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANT’s attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words “furnish” and “furnish and install”, “install”, and “provide” or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean “furnish and install complete in place and ready for service”. 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished, and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight, and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer’s literature, when referenced, must be dated, and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organization s, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names, where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, will be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULTANT, as the material or product so specified. Proposed equivalent 57 of 82 97 items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", CONTRACTOR must use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (i) Drawings of a smaller scale (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 – AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Differing Site Conditions: 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 58 of 82 98 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed there fore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE 5 – INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as “Supervisor” at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of “As-Built” drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawin gs with annotations, will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. Labor, Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation , and completion of the Work. 6.4 All materials and equipment must be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment must be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work, Materials, Equipment, Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment, or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it is understood that this is referenced for the 59 of 82 99 purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSULTANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 60 of 82 100 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is 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 Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status, or disability. This paragraph must be made a part of the subcontractor’s contract with CONTRACTOR. Patent Fees and Royalties: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design, process, or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses, and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles, or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances, and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules, and regulations. Discrimination: 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status, or disability. 61 of 82 101 Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safety and Protection: 6.19 CONTRACTOR is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury, or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury , or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. The City Manager reserves the right, in the City Manager’s sole and 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 Ci ty Manager’s Emergency Management powers set forth in Ch. 14 of the City’s Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers, and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. CONTRACTOR must make any corrections required by CONSULTANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers 62 of 82 102 and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each approved sample must be kept in good order, in a book or binder, in chronological order or in such other order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULTANT’s review of Shop Drawings or samples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULTANT, in writing, to each deviation at the time of submission and CONSULTANT has given written approval to the specific deviation, nor may any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27A CONTRACTOR is liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn, and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs must be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the City of South Miami Police Department before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanitary Provisions: 6.31 CONTRACTOR must provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend 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. 63 of 82 103 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs, or specifications or (b) the giving of or the failure to give directions or instructions by CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR’s subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Responsibility for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities, Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as “third parties”) owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for th eir work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR 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 endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires , and smoking. 64 of 82 104 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors, and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install, and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULTANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Property Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 - WORK BY OTHERS. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR’s Work. 7.3 CONTRACTOR must do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting, excavating, or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to starting any such additional Work. If CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. 7.5 Where practicable, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work will require specific approval of CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR’s operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR’s own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR’s cost. 65 of 82 105 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 – CITY’S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER’S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 – CONSULTANTS’ STATUS DURING CONSTRUCTION. City’s Representative: 9.1 CONSULTANT will be OWNER’S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER’S representative during construction are set forth in Articles 1 through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANT’s decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes, and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules, and regulations. On the basis of these on site- observations as an experienced and qualified design professional, he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications, or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles 11 and 12. Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article 1. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. If CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move 66 of 82 106 furniture and equipment and/or the cost to provide alternative facilities until the repa ir work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings, Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with CONSULTANT’s responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 - CHANGES IN THE WORK. 10.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions, or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT’s Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph 10.2. 10.4 The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE 11 – CHANGE OF CONTRACT PRICE. 67 of 82 107 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. 11.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. 11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs will be limited to those listed in section 11.7 and 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price will be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSULTANT’s determination of reasonable costs, the CONTRACT must provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami- Dade County and may only include the following items: 11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation, and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must 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 68 of 82 108 materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word “Subcontractor” will be substituted for the word “CONTRACTOR”. 11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel, and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term “Cost of the Work” does NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 69 of 82 109 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring t o obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR’s sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, CONTRACTOR, and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. ARTICLE 13 – GUARANTEE. 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one 70 of 82 110 that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager’s option, solely for the follow-up concerning warranty compliance for all items under manufacturer’s Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. 13.6 If equipment is being provided, the standard manufacturer’s warranty information must be delivered to OWNER for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. ARTICLE 14 - PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a “purchase order”, or any other document, does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER’s title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his 71 of 82 111 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 Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services, or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure, and phase. [See Sec. 255.07, Fla. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 CONSULTANT’s approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSULTANT’s on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article 1, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULTANT made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with 72 of 82 112 the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR’s payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 OWNER has corrected Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance, City Manager, with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with CONTRACTOR’s completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remitt ance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the 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 (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work. Any payment, however, 73 of 82 113 final, or otherwise, will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR by 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR by 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de-certifies any portion of the Work that was certified (“Initial Certification”) by CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re-certified. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION. 15.1 The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSULTANT, which will fix the date on which Work will be resumed. Except for the City Manager’s exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles 11 or Article 12. City May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 74 of 82 114 15.4 Upon seven (7) calendar days’ written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination, minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. 15.4A OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten (10) calendar days’ notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER, CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSULTANT’s request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 – MISCELLANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. 75 of 82 115 ARTICLE 17 - WAIVER OF JURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami-Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes , and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS. 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER’S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (5) business day’s written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the City Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is liable to OWNER for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 – SEVERABILITY. 76 of 82 116 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 exten t permitted by law. ARTICLE 21 – INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 – ASSIGNMENT. 22.1 CONTRACTOR may not transfer or assign any of its rights or duties, obligations and responsibilities arising under the terms, conditions, and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER’S consent to the assignment of CONTRACTOR’s rights. The City Manager may, in the manager’s sole and absolute discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any event, OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER’s requirements to the City Manager’s sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 – FORCE MAJEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include , but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. ARTICLE 24- E-VERIFY(448.095(2) 24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor, and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. 24.1.1 Contractor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Se ction 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 77 of 82 117 24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement. ARTICLE 25 –ANTI DISCRINIMATION 25.1 Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religion, family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, n ational origin, age, disability or any other classification that is federally defined as a “protected class” and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. 25.2 Contractor must include in all of its subcontracts the following clause: “Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work , are prohibited from discriminating against anyone on the basis of race, color, religion, family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a “protected class”. Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract.” IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this ____ day of ________________, 20___, CONTRACTOR: ___________________________ Signature: ___________________________ Print Signatory’s Name: ______________________ Title of Signatory: ___________________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ________________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney END OF SECTION 78 of 82 118 EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 A. Consultant: In accordance with ARTICLE 1 of the General Conditions the consultant (CONSULTANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER’s designated representative as identified in the Supplementary Conditions. CONSULTANT’s, if any, and OWNER’s Designated Representative’s name, address, telephone number and facsimile number are as follows: Consultant: SRS ENGINEERING, INC 5001 SW 74th Court Suite 201 Miami, FL 33155-4453 Ph: 305/662-8887 Fax: 305/662-8858 B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSULTANT or from substituting another “person” to act as CONSULTANT. C. Plans for Construction: CONTRACTOR will be furnished ONE (1) sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to the reproduction cost. D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP and in the attached EXHIBIT 1, Attachments A, B, & C to the RFP and if there is a conflict the attached Exhibit will take precedence. E. Contractor must comply with the insurance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in 90 calendar days unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. G. CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. It is agreed by the parties that no additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this ____ day of ________________, 20___. CONTRACTOR: _____________________________ Signature: ______________________________ Print Signatory’s Name:_______________________________ Title of Signatory: ______________________________ 79 of 82 119 ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: __________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney END OF SECTION 80 of 82 120 EXHIBIT 7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 – 19 The following procedures will be used for resolution of protested solicitations and awards. The word “bid”, as well as all of its derivations, means a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt. ii. Protest of solicitation. A protest of the solicitation or award must be in writing (“Protest Letter”) and submitted to the City Clerk’s office within five calendar days after the date of the filing of the notice of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk’s office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk’s office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk’s office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk’s office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk’s office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. iii. Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. 81 of 82 121 iv. Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City’s determination of what is in the City’s best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. v. Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. vi. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 82 of 82 122 SW 79TH ST SW 80TH ST SW 63RD CTSW 62ND PLSW 62ND CTSW 62ND AVSW 78TH ST SW 63RD AV SW 64TH AVSW 82ND ST SW 63RD PLSW 81st ST S DI XI E H W Y SW 65TH AV SW 67TH AV5001 Southwest 74th Court, Suite 201 Miami, Florida 33155-4453 TEL. 305-662-8887, FAX 305-662-8858 WWW.SRS-CORP.COM CONSULTING ENGINEERS EB-00007317 123 124.. • • i, , >-.s GENERAL ELECTRICAL NOTES I. THE 'GENERAL CONDITICNS OF THE CONTRACT', 6Y MIAMI DADE co..NTY 5HAJ.L 6E PART OF THI& CONTRACT. 2'3. FROYIDE EQUIPMENT GROJND CONDUCTOR IN ALL RACEWAY&. 2. ALL aECTl<ICAL UIOi.K PEFil'OFa"IED UNDER T.!IS CONTRACT &HALL COMPLY WITH LOCAL COOES AND O!'!DINANCES /INCLUDING THE FLORIDA 6UILDING CODE (F.6.C./J, T.!E ~S AND r;!EGULATICNS OF THE LOCAL UTILITY COMPANIES, ALL STANDARDS OF CCNSrn.lCTION ESTA6LISHED 6Y T.!E LANDLORD, AND THE NATIONAL ELECTl<ICAL COOE CNECJ. REFER TO APPLICA6LE CODE& TA6LE ON THIS SHEET. WHERE APPLICA6LE, &FECIAL CONSIDERATION MUST 6E GIVEN TO AHCA STANDARDS. 3. PRIOR TO 6ID OR COMMENCEMENT OF IIJORK, THE CONTRACTOR &HALL VISIT T.!E J06 SITE AND EVALUATE ALL EXISTING FIELD CONDITIONS. THE CONTRACTOR &HALL NOTIFY T.!E Ai;cHITECT OR ENGINEER OF ANY DISCl<EPANCIES. T.!E CONTRACTOR &HALL QUALIFY THE 6ID ACCORDINGLY. 4. CONCRETE PENETRATIONS ARE NOT ALLOIIJED FOR ANY REASON WITHOUT THE PRIOR CONSENT OF THE DESIGN CONSULTANTS AND 6UILDING OUINER. &. ALL SLA6 AND FIRE WALL PENETRATIONS &HALL 6E FIRE RATED, AND &HALL COIIFOi-tt TO LANDLORD'S APPROVAL AS TO LOCATION AND CCNSTRJCTION DETAILS. f>. CONTRACTOR &HALL VERIFY THE CEILING FINISHES AND SUSPENSION SYSTEMS FOR SELECTION OF THE f'ROFER TRIM AND SUPPORT A~TS FOR LIGHTING FIXTURES. l. ELECTRICAL CONTRACTOR SHALL COORDINATE HI& IIJOi;K WITH THE Ai;cHITECT 6EFORE RO.tiH INSTALLATION OF LIC:rHTS, RECEPTACLES AND SWITCHES FOR EXACT LOCATION. 8. HORIZONTAL CONDUIT ROUTING &HALL 6E PEi-ttlTTED 0NL Y FOR INTER-CONNECTION OF MUL TIFLE RECEPTACLES WITHIN THAT WALL. HORIZONTAL CONDUIT& SHALL NOT 6E PERMITTED TO CONNECT A SINGLE RECEPTACLE ON A WALL TO A RECEPTACLE ON AN ADJOINING WALL. '3. CIRCUITING. EXISTING RISER DIAGRAM, AND/OR PANa SCHEDULES AS PRESENTED ON DRAIIJING& ARE 6ASED ON THE 'AS-6UILT' Ii-FORMATION AYAILA6LE AND/OR 'ON-SITE' VERIFICATION OF PANEL60ARD DIRECTORIES AS PEFil'Oi-ttED 6Y THE ENGINEER T.!E CONTRACTOR &HALL FlaD VERIFY EXISTING CONDITIONS PRIOR TO 6ID. THE CONTRACTOR MUST CONFIRM T.!E NVOLVED CIRCUITS' IDENTIFICATION AND LOCATION 6EFORE PROCEEDING TO DECOMMISSION AND DISCONNECT ANY EQUIPMENT. le>. ALL aECTl<ICAL EQUIPMENT MUST 6EAR IJ.L. LA6EL AND 6E COl11ERCIAL GRADE, UNLESS OTHEl<UIISE NOTED. II. ALL aECTl<ICAL EQUIPMENT AND MATERIALS SHALL 6E APPROVED AS SAFE FOR USE IN T.!E U.S. IIJOl'i'KFLACE FOR THE INTENDED AFFLICATION, AS DETERMINED 6Y AN ORGANIZATION CURRENTLY RECOGNIZED 6Y OSHA (OCCUPATIONAL Sl>J'ETY AND HEALT.!J AS A NRTL /NATIONALLY RECOGNIZED TEST LA60RATORYJ. (Eu· UL, CSA, ETC./ 12. THE CONTRACTOR &HALL &ATISFACTORIL Y REPAIR/REPLACE ANY EQUIPMENT OR PART OF &rn.lCTURE DAMAGED AS A RE&UL T OF UIOi.K PEFil'OFa"IED. &UF!'ACE& AND FINISHED AREAS SHALL 6E RESTORED TO MATCH ADJACENT AREAS. 13. III-IERE ALLOUJED 6Y LANDLORD, METAL-CLAD (MCJ CA6LE CAN 6E USED AS PEi-ttlTTED PER NEC ARTICLE 3311>.le>( AJ. HOIIJEVER, HOMmJNS MUST 6E N RIGID CONDUIT. MC CA6LE CANNOT 6E USED III-IERE PROHl6ITED 6Y NEC 3311>.ll, AS LISTED HERE, 13.1. III-IERE SU6JECT TO PHYSICAL DAMAGE 132. III-IERE EXPOSED TO ANY OF THE DESTRUCTIVE CORRCSIVE CONDITICNS IN I32.a OR I32h, UNLESS THE METALLIC SHEATH OR ARMOR 15 RESISTANT TO THE CONDITICNS OR IS PROTECTED 6Y MATERIAL RESISTANT TO THE CONDITIONS, I32.a. DIRECT 6URIED N THE EAR™ OR EM6EDDED IN CONcRETE UNLESS IDENTIFIED FOR DIRECT 6URIAL I32h. EXPOSED TO CINDER FILLS, S~ CHLORIDES, CAUSTIC ALKALIS, OR VAPORS OF CHLORINE OR OF HYDROCHLORIC ACID& 14. PROVIDE RILL STRNC:r& IN ALL EMPTY CONDUITS. I&. FOR LNE VOLTAGE WIRING, ALLOW NO MORE THAN T.!E EQUIVALENT OF FOUR QUARTER 6ENDS /3"'1> DEGREES TOTAL/ 6ETWEEN ALL RILL POINTS, E4, CONDUIT 60DIE5 AND 60XE5 AS PER NEC 34421!>. Iii>. PROVIDE EXPANSION JOINTS III-IERE REQUIRED AS PER NEC 300.1/6J. 11. ALL DEDICATED OUTLETS SERVING EQUIPMENT SUCH AS WASHER AND DRYERS, REFRIGERATORS, WATER COOLERS, COPIERS, FAXES, ETC. SHALL HAVE SEPARATE NEUTRAL CONDUCTORS TO EACH DEVICE OR APPLIANCE. 18. MANTAIN FIRE RATING IN ALL PENETRATIONS THl'<U DEMISING AND FIRE RATED IIJALLS. T.!IS INCLUDES MAINTAINING A MINIMUM 24' SEPARATION 6ETWEEN ELECTRICAL DEVICES MOUNTED ON OPPOSITE SIDES OF ALL FIRE RATED PARTITIONS AND WALLS. 1'3. PROVIDE ACCESS PANELS AS REQUIRED TO SERVICE ANY ELECTRICAL EQUIPMENT A60VE HARD CEILINGS. COORDINATE WITH Ai;cHITECT 6EFORE ROUGH INSTALLATION. 211>. EACH MUL TIWIRE 6RANCH CIRCUIT SHALL 6E FROYIDED WITH A MEANS THAT WILL &IMUL TANEOUSL Y DISCONNECT ALL UNGROUNDED CONDUCTORS AT THE PONT III-IERE THE 6RANCH CIRCUIT ORIGNATES AS PER NEC 2111>.4/6/. 21. TaECOMMLNICATIONS CA6LE5 TO 6E RUN 6Y OTHERS. 2l. ELECTRICIAN& SHALL NOT INSTALL MORE THAN SIX /6J RECEPTACLES PER CIRCUIT . 23. CONTRACTOR WILL 6E HELD RE5PON5I6LE FOR INTERRUPTION OF ELECTl<ICAL SERVICE TO OTHER TENANT& IN THE 6UILOING. 311>. THE CONTRACTOR SHALL RJRNl&H AND NSTALL ALL MINOR ITEMS WHICH ARE 06YIOU5L Y AND REA50NA6L Y NECESSARY TO COMPLETE T.!E INSTALLATION. 31. THE CONTRACTOR SHALL T/IKE PERMIT&, PROCURE CERTIFICATES AND PAY ALL FEE& CONNECTED THEREWITH. 3,. THE CONTRACTOR IS REFERRED TO THE Ai;cHITECTURAL, &TRJCTURAL, ACOUSTICAL, LANDSCAPE, MECHANICAL, FLUM61NG AND FIRE PROTECTION FLANS. SUCH FLANS ARE TO 6E CCNSIDERED PART OF THE aECTl<ICAL CONTRACT DOCUMENT&. 33. DRAWNC:r& ARE DIAGRAMMATIC AND INTENDED TO SHOW APPRCXIMATE LOCATIONS AND ARRANGEMENT& ONLY. 34. ALL MATERIALS SHALL 6E NEW, OF TYPES AND M/IKES CALLED FOR, OR APPROVED EQUAL. UNLESS OTHEl<UIISE NOTED ON FLAN&. 3&. CONTRACTOR SHALL 5U6MIT REQUEST FOR 5U65TITUTICNS IN WRITING TO THE ENGINEER 36. THE CONTRACTOR SHALL TOUCH UP OR REFINISH THE FACTORY FINISH OF EQUIPMENT MARRED DURING SHIPMENT OR INSTALLATION. 31. THE CONTRACTOR SHALL 6E A LICENSED MASTER ELECTRICIAN. 38. THE ENTIRE INSTALLATION SHALL 6E PEFil'Oi-ttED IN A FIRST-CLASS WOl<KMANLIKE MANNER 39. THE ELECTRICAL CONTRACTOR SHALL PROVIDE TEMPORARY POWER AND LIGHTING AS REQUIRED FOR ALL TRADES. 411>. ELECTRICAL UIOi.K SHALL NOT INTEFfERE WITH CLEARANCES REQUIRED FOR GENERAL AND MECHANICAL CCNSrn.lCTION. SHOULD ELECTRICAL UIOi.K 6E INSTALLED WHICH INTEFfERE5 WITH THE UIOi.K OF THE OTHER CONTRACTORS, SUCH UJOi;K SHALL 6E CHANGED AT ELECTRICAL CONTRACTOR'S EXPENSE. 41. GROUNDING SHALL COMFL Y WITH THE NEC AND REQUIREMENT& OF THE POWER COMPANY AND INSFECTION AUT.!ORITY. 42. AT THE COMPLETION OF THE IIJORK, THE CONTRACTOR SHALL REMOVE ALL f<U66I5H CAUSED 6Y THEIR UJOi;K AND 5HAJ.L T.!OROUC:rHL Y CLEAN ALL ELECTRICAL EQUIPMENT. 43. THE ELECTRICAL CONTRACTOR SHALL PROVIDE ALL NECESSARY CONTRCL WIRING FOR ALL EQUIPMENT. 43.1. ALL WIRING NOT IN CONDUIT, INCLUDING 6UT NOT LIMITED TO LOW VOLT AGE, CONTRCL5, ETC. SHALL 6E PLENlN RATED AS PER NFPA ~A 2-3.le>. 44. ELECTRICAL POWER AND CONTROL WIRING FOR HYAC AND MECHANICAL EQUIPMENT SHALL 6E FURNISHED AND INSTALLED 6Y THE ELECTRICAL CONTRACTOR SEE MECHANICAL DRAIIJING& FOR WIRING DIAGRAMS AND REQUIREMENTS. 4&. ALL IIJOi;K &HALL 6E GUARANTEED FREE FROM DEFECTS FOR A PERIOD OF AT LEAST ONE YEAR FROM DATE OF FINAL ACCEPTANCE. 46. WIRING DEVICES SHALL 6E &f'ECIFICATION GRADE, COLOR SELECTED 6Y THE ARCHITECT. MINIMltf SIZE OF OUTLET 60XE5 SHALL 6E 4' TRADE. 47. ALL LIGHTING SWITCHES AND/OR DIMMERS SHALL 6E C:rANGED TOGETHER IIJHERE 5HO\IN TOGETHER 48. ALL CONDUCTORS SHALL 6E COPPER, &OOY. TYPE THHN OR THWN, ~2 MINIMUM EXCEPT CONTRCL WIRING. 4'3. ALL LINE VOLTAGE CONDUCTORS, AND LOW VOLTAGE CONDUCTORS FOR SECURITY AND ACCESS CONTRCL, SHALL 6E RLN IN CONDUIT. PLENUM-RATED LOW VOLTAGE CONDUCTORS FOR COMMUNICATIONS MAY 6E RUN IN FREE AIR A60VE ACCES5I6LE CEILING, f'ROFERL Y SUPPORTED• OTHERIIJISE IN CONDUIT. &e>. USE RIC:rlD GAL YANIZED STEEL CONDUIT WHERE EXPOSED IN ANY LOCATION 5U6JECT TO MECHANICAL DAMAGE. EMT MAY 6E USED ELSEIII-IERE AS REQUIRED 6Y THE NEC. ALL METALLIC CONDUITS SHALL 6E STEa. NO ALUMINUM CONDUIT WILL 6E PERMITTED. WIREWAYS &HALL 6E GALVANIZED OR FACTORY PANTED, AND 5HAJ.L 6E UL. APPROVED. &I. FLEXI6LE CONDUIT SHALL 6E USED FOR CONNECTIONS TO Yl6RATING EQUIPMENT AND RECESSED LIC:rHT FIXTURES WHERE PERMITTED 6Y COOE. 'SEAL TITE' WHERE USED OUTDOORS. &2. FUSES SHALL 6E DUAL-ELEMENT, TIME DELAY, OR EQUAL. &3. FROYIDE LA6EL5 FOR ALL NEW ELECTl<ICAL PANELS, CONTRCLLERS, DISCONNECT SWITCHES, AND TIME SWITCHES. &4. THE CONTRACTOR SHALL 6E RE5PON5I6LE FOR VERIFICATION OF CEILING CONSTl'<UCTION 6EFORE ORDERING OR INSTALLING LIGHT FIXTURES. ,&. FLUORESCENT UMINAIRES THAT UTILIZE DOU6LE-ENDED LAMPS AND CONTAIN 6ALLAST(5J THAT CAN 6E SERVICED IN PLACE OR 6ALLASTED LUMNAIRE5 THAT ARE 5UFFLIED FROM MULTIWIRE 6RANCH CIRCUITS AND CONTAIN 6ALLAST/5J THAT CAN 6E SERVICED IN PLACE SHALL HAVE A DISCONNECTING MEANS IN ACcORDANCE WITH NEC 41".13e>/GJ, WHERE APPLICA6LE. &6. THE CONTRACTOR SHALL VERIFY THAT 6RANCH CIRCUIT& ARE 6ALANCED 6ETWEEN THE PHASES OF T.!E SYSTEM, AND ADJUST IF NECESSARY AS DIRECTED 6Y THE CONSULT ANT. &l. FROYIDE RACEWAY SYSTEMS AND RILL WIRES FOR TaECOMMLNICATIONS SYSTEM AS INDICATED ON PLAN&. -g &8. THE ELECTRICAL INSTALLATION SHALL MEET THE APPROVAL OF THE OWNER'S CIRCUITS FOR EMEFl::iENCY LIGHTING, CONNECT NEW EMEFl::iENCY LIC:rHT FIXTURES AND EXIT SIGN& TO EXISTING AYAILA6LE EMER:;ENCY LIGHTING 6RANCH CIRCUIT ALLOCATED FOR T.!E RE&FECTIVE FLOOR OR SPACE T.if<1J EXISTING J-60X IN THE IMMEDIATE AREA OR aECTl<ICAL ROOM. 64. EXISTING CIRCUITINC:r AS PRESENTED ON DRAWING& ARE 6ASED ON T.!E 'AS-6UIL T' INFOi-ttATION AYAILA6LE AND 'ON-SITE' VERIFICATION OF PANa60ARD5 DIRECTORY AS PEFil'Oi-ttED 6Y THE ENGINEER THE CONTRACTOR MUST CONFIRM THE INVOLVED CIRCUITS IDENTIFICATION AND LOCATION 6EFORE PROCEEDING TO DECOMMISSION, DISCONNECT THE EQUIPMENT. &&. COORDINATION WITH OTHER TRADES, 6&.I. 1>&2. &&2.a. 6&2!,. &&2.c. THE CONTRACTOR SHALL 6E RE5PON5I6LE FORT~ REVIEW OF ALL PLAN& AFFECTING THIS PROJECT AND &HALL COORDINATE WITH OTHER TRADES 6EFORE THE COMMENCEMENT OF UIOi.K 50 THAT THE ROUTING OF SYSTEMS AND CLEARANCES SHALL 6E ADEQUATE. ANY CONFLICTS OR DEVIATIONS SHALL 6E CALLED TO THE ATTENTION OF THE ENGINEER AND ARCHITECT IHMEDIATEL Y 6EFORE PROCEEDING. SPECIAL ATTENTION SHALL 6E GIYEN 6UT NOT 6E LIMITED TO THE FCLLOWING SYSTEM&. CONDUIT, RACEWAY, TaEPHONE, WIRING. AIR CONDITIONING DUCTU.IOfi!<, PIPING, CONDENSATE AND IIJA5TE. WASTE AND VENT LINES, HOT AND COLD WATER LINES AND RAIN WATER LEADER 66. DRAWNC:r&, 1!>6.L IT IS THE INTENT OF THE DRAIIJNC:r& TO 06TAIN A COMPLETE AND SATISFACTORY INSTALLATION. AN ATTEMPT HAS 6EEN MADE TO SEPARATE AND COMPLETa Y DEFINE THE UJOi;K IN THE DRAWINGS• HOWEVER, SUCH SEPARATION SHALL NOT RELIEVE THE CONTRACTOR FROM RJLL RE5PON5I6ILITY OF COMPLIANCE WITH THE UJOi;K OF THEIR TRADE IIJHICH MAY 6E INDICATED ON ANY OF T.!E DRAIIJING&. f>f>2. THE CONTRACTOR SHALL CARERJLL Y EXAMINE THE Ai;cHITECTURAL, STRUCTURAL, AND MECHANICAL DRAIIJINC:re. IN ADDITION TO THE ELECTRICAL AND OTHER RaATED TRADES, T.1I5 COORDINATION SHALL 6E DONE PRIOR TO 5U6MITTING THE 6ID. 1>6.3. T.!E Af;CHITECTURAL AND STRJCTURAL DRAWINGS SHALL TAKE PRECEDENCE OVER THE ELECTRICAL DRAIIJING& WITH REFERENCE TO 6UILDING CCNSTRUCTION AND DIMENSICNS. THE ELECTRICAL DRAIIJING5 ARE DIAGRAMMATIC 6UT ARE TO 6E FCLLOWED AS CLOSELY AS THE ACTUAL CCNSTl'<UCTION OF THE 6UILDING AND THE UIOi.K OF OT.!ER TRADES WILL PEi-ttlT. f>f>.4. THE DRAIIJNC:r& AND RISERS INDICATE IN DIAGRAMMATIC FORM THE ARRANGEMENTS DESIRED FOR THE EQUIPMENT FIXTURES, PRINCIPAL APPARATUS, ETC. AND SHALL 6E FCLLOIIJED AS CLOSELY AS POSSl6LE. HOWEVER, THE CONTRACTOR SHALL INCLUDE ANY ADDITIONAL CONDUIT, 60XE5 AND WIRING Di.IE TO THE 5T!,ii.lC11.IRAL OR OTHER 065TRI.ICTION AT NO EXTRA COST. 61. PER F.6.C. ENER:;Y CONSERVATION, CHAPTER 4, SECTION C4e>&.1.3.I, FEEDER AND CU5TOMER-CILNED SERVICE CONDUCTORS SHALL 6E INSTALLED SIZED FOR A MAXIMUM VOLTAGE DROP Cf 2 PERCENT AT DESIGN LOAD. 1!>8. ALL 6RANCH CIRCUIT CONDUCTORS &HALL 6E INSTALLED SIZED IN ACCORDANCE WITH N.e.C. 2Ie>J9 AND FOR A MAXIMUM VOLT AGE DROP OF 3 PERCENT AT DESIC:rN LOAD PER F.6.C. ENER:;Y CON5ERVATION, CHAPTER 4, SECTION G-4e>&.1.32. e,g_ PER F.6.C. ENER:;Y CONSERVATION, CHAPTER 4, SECTION C4e>&.1A.I, WITHIN 311> DAYS AFTER THE DATE OF SYSTEM ACCEPTANCE, RECORD DRAWINGS OF THE ACTUAL INSTALLATION SHALL 6E PROVIDED 6Y THE CONTRACTOR TO THE 6UILDINC:r OWNER, INCLUDING, b'3.I. A SINC:rLE-LINE DIAGRAM OF THE 6UILDING aECTl<ICAL DI5TRI6UTION SYSTEM AND 6'3.l. FLOOR PLAN& INDICATING LOCATION AND AREA SERVED FOR ALL Dl5TRl6UTION. 111>. PER F.6.C. ENER:;Y CONSERVATION, CHAPTER 4, SECTION C4e>&.l.42, T.!E CONTRACTOR SHALL FROYIDE AN OPERATING MANUAL AND MAINTENANCE MANUAL TO T.!E 6UILOING OWNER T.!E MANUALS SHALL INCLUDE, AT A MINIMltf, THE FCLLOWING, 111>.L SU6MITTAL DATA STATING EQUIPMENT RATING AND SELECTED OPTIONS FOR EACH PIECE OF EQUIPMENT REQUIRING MAINTENANCE. 111>2. OPERATION MANUALS AND MANTENANCE MANUALS FOR EACH PIECE OF EQUIPMENT REQUIRING MAINTENANCE. REQUIRED ROUTINE MAINTENANCE ACTIONS SHALL 6E CLEAF!L Y IDENTIFIED. 111>.3. NAMES AND ADDRESSES OF AT LEAST ONE QUALIFIED SERVICE AGENCY. 11. COLOR COOE FOR CONDUCTORS, 1211>/2"8 VOLT SYSTEM NEUTRAL -WHITE PHASE A -6LACK PHASE 6 -RED PHASE c -6LUE GROJND -GREEN 211/48e> VOLT SYSTEM NEUTRAL -GRAY PHASEA-6Ra!N PHASE 6 -ORANGE PHASE c -YELLOW GROJND -GREEN ALL OTHER COLORS (VIOLET, TRACED, ETCJ &HALL 6E RESERVED FOR, AND SHALL ONLY 6E USED FOR SWITCH LEGS OR COl1'1JNICATION CIRCUITS. CONDUCTORS FOR CONTROL WIRING SHALL 6E COLOR COOED, USING DIFFERENT COLOR COOING THAN FOR THE ENER:;Y CONDUCTORS SPECIFIED A60VE. CONTRCL WIRES SHALL 6E Ni.116ERED. I Q) I-@ J -@) @) @) ® IT] ~ [D(] I [BJ FAP ~ IBl I [jj]<] V [D(] @ A-1,3,5 50" ' v I I ----] --lvvl WvWv'a .. Jj, 24. CONTRACTOR SHALL NOT RUN PIPES, WIRES, CONDUITS OR OTHER MATERIAL REPRESENTATIVES 6EFORE ACCEPTANCE. ' OUTSIDE THE TENANT AREA LNLE55 OTHERIIJISE NOTED. e-] &ca GUTTERS, WIREWAYS, PULL 60XES, ETC. SHALL 6E SIZED PER THE NATIONAL ELECTRICAL SYMBOL LEGEND BOXES & FITTINGS CEILING MOUNTED JUNCTION 60X WALL MOUNTED ~CTION 60X , 18' A.FF. OR AS OTHEl<UIISE NOTED. CEILING MOUNTED JUNCTION 60X, 12 'Xl2'Xh' DEEP MINIMltf U-USS OTHEl<UIISE INDICATED FOR Dl5TRl6UTION OF TELEPHONE/DATA SYSTEM PLILL60X, SIZED AS INDICATED OR AS REQUIRED 6Y N.e.C. PANELBOARDS POWER, LIC:rHTING OR DISTRl6UTION PANEL60ARD. (NEWJ FIRE ALARM CEILING MOUNTED SMOKE DETECTOR DUCT MOUNTED SMOKE DETECTOR EXIT DOOR SECURITY ALARM WITH MONITOR MODULE TIED TO FIRE ALAi-tt CEILING MOUNTED HEAT DETECTOR MANUAL FIRE ALARM PLILL STATION, 48' A.FF. FIRE ALAi-tt 5TR06E LIGHT. ADA TYPE. FIRE ALAi-tt HORN, I STRC6E LIC:rHT 8"' AFF. ADA TYPE. SHUT DOWN RELAY. FIRE ALAi-tt PANEL A.OW SWITCH TAMPER 5111TCH FIRE ALAi-tt HORN, W' A.FF. FIRE ALAi-tt SPE/IKER I 5TR06E LIGHT W' AFF. ADA TYPE FIRE ALARM SYSTEM SPE/IKER MOTORS & CONTROLS MOTOR, 5 = 5 H.P. OR AS OTHER\\1SE INDICATED. MOTOR MAGNETIC STARTER VAY WITH DUCT .!EATER, CONTACTOR AND 5/>J'eTY DISCONNECT. WIRING HOMERUN TO PANEL 'A'.1-3-& ARE CIRCUIT NO'S. TICK5 ARE NO. OF CONDUCTORS !/JINDICATE5 GROUND WIRE SIZED AS PER N.e.c. ART. 2!ie>. INDICATES A CONDUIT RUN CONCEALED IN A CEILING OR WALL. INDICATES A CONDUIT RUN CONCEALED IN FLOOR EM6EDDED IN CONCRETE OR LNDERGROUND AT 24' 6ELOW GRADE MINIMUM. INDICATES A CAPPED CONDUIT. INDICATES A FLEXl6LE METAL CONDUIT CONNECTION. USE LIQUID TIGHT CONDUIT IN WET, DAMP OR OILY LOCATIONS. FLEXI6LE EQUIPMENT CONNECTION. CONDUIT f<1JN TURNED DOWN. CONDUIT f<1JN TURNED UP. CONDUIT EXPANSION JOINT RECEPTACLES 12e>Y, I PHASE f>e> HZ ,e> AMP SINGLE RECEPTACLE @ 02a I C) I ~ ~ 8 -~ 8 -~ ->-0------i ,. I V A /\ L] @ -0 □ -0 03P§_Q_ 50 Eiic ◄ <J [g]]J ~ f-EEl fllll @] @ @ gj] ~ !ill LIGHTING LIC:rHTING FIXTURE TYPE. SEE L TC:r. FIXTURE SCHeDULE THIS SHEET RECESSED, SEMI RECESSED, &UF!'ACE OR PENDANT MOUNTED FIXTURE ON NOi-ttAL CIRCUIT 2 15 CIRCUIT No• 'a' DENOTES SWITCH LEG SIJl;fACE OR PENDANT MOUNTED LIGHT FIXTURE. SU!ifACE OR PENDANT MOUNTED LIGHT FIXTURE LIC:rHT RECESSED OR LAY-IN FIXTURE. LIC:rHT RECESSED OR LAY-IN FIXTURE SIJl;fACE MOINTED 5INC:r!.E FACE EXIT LIGHT FIXTURE WITH ARROWS AS INDICATED. WALL MOUNTED EXIT LIGHT FIXTURE WIT.I ARROWS AS INDICATED, 1'-b' A.FF. SU!ifACE MOINTED DOU6LE FACE EXIT LIGHT FIXTURE WITH ARROWS AS INDICATED WALL MOUNTED DOU6LE FACE EXIT LIGHT FIXTURE WITH ARROWS AS INDICATED. l'-b' A.FF. SIJl;fACE MTD. STRIP LIGHT FIXTURE SIJl;fACE MTD. STRIP LIGHT FIXTURE COM6INATION EXIT SIGN • EMEFl::iENCY LIGHT EMERGENCY LIGHT OCCUPANCY SENSOR (CEILING MOUNTEDJ WITH 211> AMP RELAY ARM MOUNTED POLE LIGHT POST TOP MOLNTED POLE LIC:rHT 60!.LARD LIGHT SWITCHES SINGLE POLE TOG,G,LE SWITCH, 2e>A, KEY OPERATED 12'1>/211 YAC. MOLNTED 48' A.Ff. SINGLE POLE TOG,G,LE SWITCH, 2e>A, lle>/211 VAC. MOUNTED 48' A.FF. "a' SWITCH LEC:r. THREE-WAY AND FOUR WAY TOOOLE SWITCHES 2e>A, De>/211 VAC. MOLNTED 48' Aff. MANUAL MOTOR STARTER TOOOLE SWITCH WITH OVERLOADS. 48' AFF. SAFETY SWITCH, 3P • NO. OF POLES. be> • SWITCH SIZE, !ie> • RJ5E SIZE. OCCUPANCY TYPE WALL SWITCH MISCELLANEOUS TELEPHONE OUTLET ADMINISTRATIVE TaEPHONE OUTLET, MTD. 48' A.Fr. COM6INATION CLOCK &FE/IKER TELEVISION TAP T.if<1J OUTLET, MTD. li>'-8' A.Fr. CLASSROOM CALL 6ACK 6UTTON. PA PRIVACY SWITCH. DATA OUTLET MOTION DETECTOR DOOR CONTACT PROXIMITY CARD READER MAGNETIC DOOR LOCK SECURITY SYSTEM KEY PAD • 2&. ALL aECTl<ICAL CIRCUITS SHALL 6E IDENTIFIED AND LA6ELED IN THE ELECTRICAL CODE . .'.;;-ELECTRICAL PANEL. (d: 12e>Y.I PHASE, 611> HZ., 211> AMP. DUPLEX RECEPTACLE MTD.I8' A.FF. ~ w CONSULTING ENGINEERS EB-00007317 ~ ~ 5001 S.W. 74th COURT, SUITE 201 8 MIAMI, FLORIDA 33155 : TEL. 305·662-8887 FAX 305-662-8858 e WWW.SRS-CORP.COM ~ ~ ,-----------,~ z 0 ~ Vl z w a. "' s I!! < if 0 "' a. ~ Cl z < is vi Vl ;; "' w a. "J 0 i "' 0 >-"' < a. ~ ~ [;'. (.) z 0 I!, (.) "J w L,. 0 iJj :::, "' 0 I (.) :::, Vl is is F (.) :::, § ~ "' ~ a. w "' oi ~ ~ ~ 0 zo <( z Cl) w w c., I-w 0 _J z Cl) _J _J <( 0 a: CD w~ z >-w Cl) c., ~ < > ii' Z Ul "'----------'~ : '3cAL i ti.----------, :::, Cl • ~ I "' ~ i !1------------1~ i LIGHTING i Vl PHASE -is~--------~~ F ~ iJ •:;_f.'S. FRC, .. k.: 2144 ;s [;'. 8 Jfa.TE JUNE 20, 2022 i 85 JK:''-.·/vN b·v. __ c_J_T ___ ~ !CCTV Kl CEILING MOUNTED CLOSED CIRCUIT TY CAMERA •E 611>. III-IERE TaEPHONE, DATA, AND ELECTRICAL OUTLETS APPEAR 6ACK TO 6ACK, ~ """" A" •="' EXCEPT MTD. AT L' •=VE COUNTE0 ~z Tel!-:!\--) r:"✓: _C_. v ___ ~ 2b. CIRCUIT NUM6ER5 SHOWN ARE FOR IDENTIFICATION PLIRPOSES ONLY AND MIGHT OUTLET 60XES ARE TO 6E ST AGC:rERED TO REDUCE NOISE TRAN5Ml56I0N -'" a ......,," ~ ......, ~ g NOT CORRESPOND TO THE CIRCUIT DIRECTORY OF THE EXISTING PANELS. THROLl(;H PARTITION. @: ~ Cl [C<[C 0'✓ _c_·._-✓ ___ ~ f-@y]<J WALL MOUNTED CLOSED CIRCUIT TY CAMERA ;;-CONTRACTOR SHALL NOTIFY CONSULTANT Cf ANY DISCREPANCIES PRIOR TO I2e>Y.I PHASE, 611> HZ., 211> AMP. DUAL DUPLEX RECEPTACLE MTD. 18' A.Ff. ~'----------'~ J! COMMENCING UJOi;K III-IEN THE PROJECT 15 COMPLETE, THE CONTRACTOR SHALL 61. DATA AND TELEPHONE FLOOR OUTLETS MUST HAVE CONDUIT WHEN LOCATED IN ~-------~. ·g RE-LA6EL CIRCUITS PER 'AS 6UILT', AND PROVIDE NEW TYPE WRITTEN PLENUM 6ELOW. CONTRACTOR TO VERIFY T.!AT POKE-THFIJ AND CONDUIT WILL ~ DOU6LE DUPLEX RECEPTACLES MOUNTED AS PART OF SURFACE RACEWAY ~ -,,•-JISl,+S ~ ~ DIRECTORY. ACCOMMODATE EACH OR ALL SITUATION/SJ PRIOR TO INSTALLATION. c <'. cJ ---------~ ~ 21. THE CONTRACTOR SHALL VERIFY ALL EQUIPMENT AND MOTOR LOADS 6EFORE 0 FLOOR OUTLET WITH /I) 12e>Y, I PHASE 611> Hz, 211> AMP DUPLEX RECEPT. : I NSTALLINC:r WIRING. 6,. IF CORE DRILLING OR SLA6 CUTTING 15 PEFil'Oi-ttED, IT MUST 6E CONDUCTED ~ WITH NO FAULT GROUND STOP SYSTEM OR X-RAY. SPECIAL PLIRPOSE RECEPTACLE. ~ ~ '" 28. FOR MECHANICAL EQUIPMENT, SEE MECHANICAL DRAWING& AND FROYIDE FUSES @ u ---------~ I VlO •• AS PER EQUIPMENT MAJ,1.FACTURER RECOMMENDATIONS. 63. III-IERE AN EXISTING SCOPE OF UJOi;K AREA UTILIZE& EMEF<l'.:IENCY 6RANCH .~ V) g l i:=================i ] ,rro~·e_ct_N_o_.-_22_0_0_5 ________ ~ g nc. Jcl.c Jcss-iplicr· c I ~ SAS § ,& ~ I F q ~~,-"1ll-l ---~; 6 ~ ; ~ ~;~_;as~~;~ T 1 ~" 14l~O;~e~o;~n~~eRR~:d ~ E-1.0 ~ § ~ ~ « PE 40869 · FL CA06722 Suite 22, Miami Lakes, FL 33016 u -g,.._ __________________________________________________________________________________________________________________________________________ ...... =www==~•=~=to=.oom====J=OS=.6=98=.3=98~8,=m=:=3=05=.69=8=.39=89=-1,-L---------~~ CL CLCLCL“””CL””5001 S.W. 74th COURT, SUITE 201MIAMI, FLORIDA 33155TEL. 305-662-8887 FAX 305-662-8858WWW.SRS-CORP.COMCONSULTING ENGINEERS EB-00007317René I. Basulto, PEPE 40869 - FL CA06722www.basulto.com14160 Palmetto Frontage RoadSuite 22, Miami Lakes, FL 33016305.698.3988, fax: 305.698.3989Project No.-22005125 CL CLCLCL FUCHS PARK5001 S.W. 74th COURT, SUITE 201MIAMI, FLORIDA 33155TEL. 305-662-8887 FAX 305-662-8858WWW.SRS-CORP.COMCONSULTING ENGINEERS EB-00007317René I. Basulto, PEPE 40869 - FL CA06722www.basulto.com14160 Palmetto Frontage RoadSuite 22, Miami Lakes, FL 33016305.698.3988, fax: 305.698.3989Project No.-22005126 PANEL: PNEW“””””””””“”5001 S.W. 74th COURT, SUITE 201MIAMI, FLORIDA 33155TEL. 305-662-8887 FAX 305-662-8858WWW.SRS-CORP.COMCONSULTING ENGINEERS EB-00007317René I. Basulto, PEPE 40869 - FL CA06722www.basulto.com14160 Palmetto Frontage RoadSuite 22, Miami Lakes, FL 33016305.698.3988, fax: 305.698.3989Project No.-22005127 ELECTRICAL EQUIPMENT SUPPORTELEVATION VIEWELECTRICAL EQUIPMENT FLOOD ELEVATION DETAIL5001 S.W. 74th COURT, SUITE 201MIAMI, FLORIDA 33155TEL. 305-662-8887 FAX 305-662-8858WWW.SRS-CORP.COMCONSULTING ENGINEERS EB-00007317René I. Basulto, PEPE 40869 - FL CA06722www.basulto.com14160 Palmetto Frontage RoadSuite 22, Miami Lakes, FL 33016305.698.3988, fax: 305.698.3989Project No.-22005128 EXHIBIT 3 PHASE II PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 RESPONDENTS BID FORM NOTE: FAILURE TO COMPLETE AND SUBMIT THE RESPONDENTS BID FORM SUBMITTAL AS NON-RESPONSIVE THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachment A, B, & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City s Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable 48 of 82 1,2 8/31/22 & 9/6/22 129 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 at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: ______________________ dollars and ________________cents Alternates: #1__________________ #2______________________________ A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit 1, Scope of Services, Attachment A, B, & C, shall be completed, in full, within 90 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 49 of 82 260,737 50/100 M&J CONSULTING GROUP CORP 300 PALERMO AVENUE, 2ND FLOOR, CORAL GABLES FL 33134786-319-7635 CESAR DE LUNA 130 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form,and are made a part of this proposal, by reference. 9. This proposal is submitted by ________________________ whose address is ________________ ___________________, whose telephone number is ______________, whose fax number is ____ _____________, whose email address is __________________________ and whose authorized representative signing this Bid Form is ____________________________ whose title is _________. 10. By submitting this proposal, I, for myself and on behalf of the business 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, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: ______________________________ Date of Execution: _______________________ ___________________________ END OF SECTION 50 of 82 M&J CONSULTING GROUP CORP 300 PALERMO AVENUE, 2ND FLOOR, CORAL GABLES FL 33134 786-319-7635 cesar@mjgeneralcontractors.com CESAR DE LUNA VP-CGC 9/14/2022 CESAR DE LUNA 131 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT C PHASE II PART I OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 C NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A SUBMITTAL AS NON-RESPONSIVE Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a unit price contract, in accordance with the Project Manual. ITEM ITEM EST. UNIT TOTAL NO. DESCRIPTION QTY COST Site Preparation 1-1 Asphalt Repair 1 LS 1-2 Sod 1 LS Electrical 2.1 Demolition 1 LS 2-2 Light Bollards 1 LS 2-3 Hand-Holes 1 LS 2-4 Anchor Bases 1 LS 2-5 Fountain 1 LS 2-6 Electrical Equipment 1 LS 2-7 Wire and Conduit 1 LS 2-8 Labor 1 LS TOTAL: 3-1 Permitting 1 LS 3-2 Survey 1 LS 3-3 As Built 1 LS TOTAL PROJECT COST: 42 of 82 5,000.00 2,500.00 2,000.00 86,250.00 18,750.00 3,125.00 10,625.00 16,312.50 31,250.00 79,025.00 900.00 2,500.00 2,500.00 260,737.50 132 PROPOSAL SUBMITTAL CHECKLIST FORM PHASE II PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 19 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKE Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Schedule of Values, EXHIBIT 1, Attachment C X Indemnification and Insurance Documents, EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Signed Contract Documents (All including General Conditions and Supplementary Conditions if attached), EXHIBIT 4, 5, & 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. NOTE: BID & PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT END OF SECTION 15 of 82 133 RESPONDENT QUALIFICATION STATEMENT PHASE II PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 The response to this questionnaire will Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price c) Project Name: Owner Name: 16 of 82 2 3 Maggiore Park Construction City of Coral Gables 267 CD 6/6/22 6/30/22 780,564.00 823,643.97 Iron Manor Fountain Park City of North Miami 776 NE 125 ST, NORTH MIAMI, FL 33161 305-895-9886 180 CD 06/26/2019 06/26/2019 267,262.64 267,262.64 MUNICIPAL BUILDING LOBBY UPGRADE VILLAGE OF PINECREST, FL 405 Biltmore Way, Coral Gables, FL 305-460-5151 134 Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 17 of 82 12645 PINECREST PARKWAY, PINECREST, FL 33156 305-234-2121 180 CD 04/16/2020 05/16/2020 226,411.00 237,735.34 135 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information must be attached to the proposal. a) RESPONDENT b) RESPONDENT c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 18 of 82 ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI City of North Miami 776 NE 125 ST, NORTH MIAMI, FL 33161 305-895-9886, EXT 12901 Alberto Destrade IRONS MANOR PARK RENOVATION & NEW CROSSWALK 136 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 82 VILLAGE OF PINECREST, FL 12645 PINECREST PARKWAY, PINECREST, FL 33156 305-234-2121 EDUARDO POZAS MUNICIPAL BUILDING LOBBY UPGRADE City of Coral Gables 405 Biltmore Way, Coral Gables, FL 305-460-5151 Jorge Hernandez Maggiore Park Construction 137 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS PHASE II PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 19 Respondent must list all proposed subcontractors and subconsultant if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor/Subconsultant Name Address Telephone, Fax & Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 20 of 82 ELECTRICAL V.I. ELECTRICAL CONTRACTOR 7091 WEST 30TH LANE,HIALEAH FL 33018 786-229-6066 138 RELATED PARTY TRANSACTION VERIFICATION FORM PHASE II PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 I ______________________________, individually and on behalf of ______________________________ ( Name of Representative Company/Vendor/Entity Section 8A-d I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of n, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ____________________________________________________________________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as 28 of 82 CESAR DE LUNA M&J CONSULTING GROUP CORP 139 follows:____________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Fi has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial children, brothers and sisters) have also responded, other than the following: ________________________ ____________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. he failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ 29 of 82 CESAR DE LUNA, VP-CGC 9/14/2022 140 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION PHASE II PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 19 the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ______ day of ___________________, 20 ___. ___________________________ Signature of Representative ___________________________ ______________________________ Print Name and Title Print name of entity being represented. END OF SECTION 35 of 82 CESAR DE LUNA MARTA DE LUNA PRESIDENT CESAR DE LUNA VP 14 SEPTEMBER 22 CESAR DE LUNA, VP-CGC M&J CONSULTING GROUP CORP 141 DRUG FREE WORKPLACE PHASE II PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 - 19 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph (1) above. 4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or mmunity, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. Print Name: _________________________________________ Date: ______________________________________________ 25 of 82 CESAR DE LUNA 9/14/2022 142 Abby Torres Contract Value 1,000,000.00 100,000.00 5,000.00 1,000,000.00 2,000,000.00 2,000,000.00 00128814-0 03/22/2022 03/22/2023 509-82006-1703-002 01/20/2022 07/20/2022 CSN0010621 07/12/2021Builder's Risk A C C B 39993 1,000,000.00 Cesar De Luna VP-CGC 1525006 Palmetto Bay, FL 33157 9811 W ayne Ave M & J Consulting Group Corp (305) 256-0616 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Great Florida Insurance - Pinecrest (786) 522-1889FaxPhone Colony Insurance Company Lloyds of London Infinity Assurance Insurance Company 10,000.00Pip Y Y Y Y Y Y (305) 256-0616 (786) 522-1889 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OW NED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OW NED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DE SCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS T O CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W IT H RESPECT TO W HICH 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 SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 REPRESENT AT IV E OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) QF CERTIFICATE OF LIABILITY INSURANCE 06/20/2022 Abby@greatfloridapinecrest.com 8650 NW 111 Ct Doral FL 33178 OTHER AUTOS ONLY Windstorm Water Damage $780,564 $100,000 $150,000 07/12/2022 143 FAX (A/C, No): Matt Crum INSURER A: LIMITS FrankCrum Insurance Agency, Inc. 100 South Missouri Avenue Clearwater, FL 33756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Effective 05/02/2022, coverage is for 100% of the employees of FrankCrum leased to M & J Consulting Group, Corp (Client) for whom the client is reporting hours to FrankCrum. Coverage is not extended to statutory employees. M & J Consulting Group, CorpM & J Consulting Group, Corp $1,000,000 AGGREGATE Frank Winston Crum Insurance Company 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. REVISION NUMBER: 06/20/2022 INSURER(S) AFFORDING COVERAGE COVERAGES EACH OCCURRENCE DAMAGE TO RENTED MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGG COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EACH OCURRENCE E.L. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. PREMISES (Ea occurrence) ADDL INSRD POLICY NUMBER POLICY EFF (MM/DD/YYYY) PER STATUTE OTH- ER GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY UMBRELLA LIAB EXCESS LIAB DED CLAIMS-MADE RETENTION $ WORKERS COMPENSATION AND ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under OFFICER/MEMBER EXCLUDED? DESCRIPTION OF OPERATIONS below $ $ $ $ $ $ $ $ $ $ $ $ $ POLICY EXP (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY PROJECT LOC NAIC# INSURED WC202200000 01/01/2022 01/01/2023 $1,000,000 INSR LTR TYPE OF INSURANCE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CONTACT NAME: INSURER F: CERTIFICATE NUMBER: DATE (MM/DD/YYYY) SUBR WVD $ $ Y/N The ACORD name and logo are registered marks of ACORD X OCCUR (Mandatory in NH) A N/A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. E0963 06/20/2022 Issued City of South Miami 909224 City of South Miami 6130 Sunset Drive South Miami, FL 33143 PRODUCER (Ea accident) (Per accident) $1,000,000 CERTIFICATE OF LIABILITY INSURANCE INSURER E: INSURER D: INSURER C: 11600 INSURER B: PHONE (A/C, No, Ext):(800) 277-1620 X 4800 (727) 797-0704 E-MAIL ADDRESS: FrankCrum L/C/F M & J Consulting Group, Corp 100 South Missouri Avenue Clearwater, FL 33756 EMPLOYERS' LIABILITY AUTHORIZED REPRESENTATIVE OTHER: 144 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESDE LUNA, CESARDo not alter this document in any form.M & J CONSULTING GROUP, CORPLICENSE NUMBER: CGC1525006EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.300 PALERMO AVENUE2ND FLOORCORAL GABLES FL 33134Always verify licenses online at MyFloridaLicense.com145 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #PR2022 - 19-0-2022/SK Bid Name PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS Bid Due Date 09/14/2022 10:00:00 Eastern Bid Opening Closed 2 responses found.online,  offline,  not submitting,  not received  Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .M&J GENERAL  CONTRACTORS 09/14/2022 07:47:20 Eastern 300 PALERMO  AVE, , 2ND FLOOR, Miami, FL, 33134  $260737.5000 0.0000 Hispanic  Owned,  Small  Business,  Woman  Owned Bidding Document  2 .Unitec 09/14/2022 09:57:02 Eastern 480 W 83rd Street, Hialeah, FL, 33014 $439500.1400 0.0000 Hispanic  Owned,  Small  Business Bidding Document  146 Bidder Bid Price E- Bid EX 3 BID FORM SOV Bidder Qualif.Ref.List of Subs' Non Coll. Affidavit Public Entity Crimes and Conflicts Drug free Workplace OSHA Stds Fed. State Listings Related Party Presen Dec. Proof of Ins Signed Contract M & J CONTRACTORS $260,737.50 X X X X X X N/A N/A X N/A N/A X X X N/A UNITEC $439,500.14 X X X X X X X X X X X X X X X RFP PR2022-19 PROOF OF INSURANCE IS A CONDITION OF AWARD NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER 147 Member Name City of South Miami Bid Number RFP-RFP #PR2022 - 19-0-2022/SK Bid Name PHASE II – PART 2 OF 2 FUCHS PARK IMPROVEMENTS 20 Planholder(s) found 375 NOTIFIED SupplierName FullName Address1 City State PS CODE DeclaredAttributes BidPrime API User API User1301 S IH 35 Frontage Rd Austin TX 78741 Bliss Products & Services, Inc.Gregg Bliss6831 S. Sweetwater Road Lithia Springs GA 30122 Small Business ConstructConnect ConstructConnect Bid Opportunities3825 Edwards Rd Cincinnati OH 45209 Dodge Data Bonny Mangold 4300 Beltway Place, Ste 150 Arlington TX 76018 Green Alliance Inc.Ramon Duarte14996 SW 20th Terrace Miami FL 33185 Hispanic Owned, Small Business Green-Energy- Products.com, LLC John Novar13055 SW 83rd Avenue Pinecrest FL 33156 Veteran Owned Gryphon Construction Services, Inc.Marcelo Amigo 815 NW 57th Ave Suite 200-12 Miami FL 33126 Hispanic Owned, Small Business Gulf Building Giovanna Alessi 633 South Federal Highway, #500 Ft. Lauderdale FL 33301 Homestead Concrete & Drainage Nelson Apolinario221 SW 4 Ave Homestead FL 33030 Kimley-Horn and Associates, Inc.Erin Athas1005 Nancy Circle Orlando FL 32708 LIGHT CARDI LLC Carlos Gil7476 Estero Dr Greenacres FL 33463 M&J GENERAL CONTRACTORS CESAR DE LUNA300 Palermo Avenue CORAL GABLES FL 33134 Hispanic Owned, Small Business, Woman OAC Action Construction, Corp William Reina11980 SW 144 Ct.Miami FL 33186 Hispanic Owned, Small Business Play Space Services, Inc.Paul Bickham3125 Skyway Circle Melbourne FL 32934 Sesco Lighting, Inc.James Longstreth222 W Maitland Boulevard Maitland FL 32751 SPORT SURFACES LLC Mary Martindale7011 WILSON RD WEST PALM BEACH FL 33413 Hispanic Owned, Small Business Swartz Associates, Inc.Dan SwartzPO Box 112783 Naples FL 34108 Small Business Underwater Engineering Services Inc Jessica Ciccarelli3306 Enterprise Road Fort Pierce FL 34982 Unitec Katiuska Hurles480 W 83rd Street Hialeah FL 33014 Hispanic Owned, Small Business Waypoint Contracting Inc.Katrina GonzalezPO BOX 558482 Miami FL 33255 Hispanic Owned, Small Business, Woman 5 Document(s) found for this bid 148 149 A.LM. Discover. Connect. Compete. ALM Global, LLC Please Remit To : CITY OF SOUTH MIAMI PO Box 936174 Atlanta , GA 31193-6174 Attention To: NKENGA "NIKKI" PAYNE NKENGAA. PAYNE 6,30 SUNSET DR SOUTH MIAMI , FL 33143 Daily Business Review Miami Dade Invoice Date : 08/16/2 02 2 Invo ice # 10000614715-0816 Cu stom er#: 9005479 Des cription Placement/Position: Bid s/Heamgs/Meetings/Ordinances/Bid Notices & RFPs Run Dates : 08 /1 6/2 022 Ad Size: 2 x 5.96 Inches CITY OF SOUTH MIAMI -RFP #PR20 22 -19 Invoice#: Invoi ce Date: Du e Date: AMOUNT DUE: Daily Business Review Miami Dade Customer No: 9005479 Amount Remitted 10000614716-0816 08/16 /2022 Due Upon Rece ipt $106 .30 Amount Subtotal Total Du e $106 .30 $106 .30 $106 .30 Visit our online payment portal at https://www.almpaymentcenter.com to pay via credit card For billing qu estio ns, pl ease email: ALMcollectl on @a lm.com. ALM. O l s c ovu r . Conn ct;I-Cc.>111 p e t..c.. LM. Disc ove r. Con n e ct. Compe te. ALM Gl obal, LLC Please Remit To: CITY OF SOUTH MIAMI PO Box 936174 Atlanta, GA 31193-6174 Attention To : NKENGA "NIKKI" PAYNE NKENGAA. PAYNE 61'30 SUNSET DR SOUTH MIAMI , FL 33143 Daily Business Review Miami Dade Invoice Date : 08/16 /2022 Invoice # 10000614715-0816 Customer#: 9005479 De scription Placement/Position : Bid sJ Hearng s/Meeting s/Ordin ancesJ Bid Notices & RFPs Run Dates : 08 /16 /2022 Ad Size : 2 x 5.96 Inches CITY OF SOUTH MIAMI · RFP #PR 2022 -19 Invoice #: Invoice Date : Due Date : AMOUNT DUE: Daily Business Review Miami Dade Customer No: 9005479 10000614715-0816 08116/2022 Due Upon Receipt $106.30 Amount Remitted Amount $106.30 Subtotal $1 06 .30 Total Due $106 .30 Visit our online payment portal at https:llwww.almpaymentcenter.com to pay via credit card For billing qu es llons, please em ail : AL Mcoli ectlon@alm .com. ALM. O l scov or. Co n n C<;LCornpet.c. \ 150 -.. MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersig ned authority personally appeared GU ILL ERMO GARC IA, who on oath says that he or she is the DIRECTOR OF O PERAT IONS, Legal Notices of the Mi ami Da ily Business Review Uk/a Miami Review, a daily (except Saturday , Sunday and Legal Holidays) newspa pe r, publi shed at Miam i in Miami-Dade County, Flori da; tha t the attached copy of advertisement, be ing a Legal Advert isemen t of Notice i n the matter of CITY OF SOUTH MIAMI -RFP #P R2022 -19 in the XXXX Court , was published in said newspaper by pr in t in the iss ues of and/or by publ ication on the newspaper's website , if authorized , on 08 /16/2022 Allia nt further says that the newspaper co mplies with all lega l for pu bli cation in chapter 50, Florida Sworn t · "C.~ (SEAL) GU ILLER MO GARCIA personally known to me /;}Aw:~--" cHRts_r1NA LYNN RAv1x ~«i ·:•' Commtsslon # GG 277771 o.'\ ..... 0.;I/ Expires November 19, 2022 ··• o,,._ ,•• o ....... .......... "''"'""' Thnr Troy Fm lnsuranoe 800-JSS-7019 CITY OF SOUTH MIAMI PHASE II -PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 -19 SUBMITTAL DUE DATE: SEPTEMBER 7, 2022 AT 10AM The City is hereby requesting sealed proposals in response to this RFP #PR2022-19, PHASE II -PART 2 of 2 FUCHS PARK IMPROVEMENTS. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B & CJ and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as 'the Project' or 'Project'). Interested persons who wish to respond to this Solicitation can obtain the complet e Solicitation package by accessing the following webpage: http://www.southmlamifl.gov/ which is the City of South Miami's web address for solicitation information. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to h!! s://network.demandstar.com/ Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the "Closing Date") on September 7, 2022 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Data, September 7, 2022. The City Cieri< will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zooflJJJs/j/3056636339, · or lislen to the meeting on a dedicated phone line by dialing+ 1-786-635-1003 Meeting ID: 3056636339. 8/16 Nkenga A. Payne, CMC, FCRM City Clerk, City of South Miami 22-36/0000614 71 SM -. MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA , who on oath says that he or she is Ihe DIRECTOR OF O PERATIONS , Legal Notices of the Miami Da ily Business Re~iew Uk/a Miami Review, a daily (except Saturday , Sunday and Legal Holidays) newspaper, publi shed at Miami in Miami-Dade County, Florida; tha t the attached copy of advertisement, bei ng B Legal Advertisement of Notice i n the matter of CITY OF SOUTH MIAMI -RFP #PR2022 -19 in the XXXX Court, was publi shed in said newspaper by prin t in the issues of andior by publ ication on the newspaper's website , if authorized , on 0811612022 Affiant further says that the newspaper complies with all legal for publi cation in chapter 50, Florida Sworn t "d~ (SEAL) GU ILLERMO GARCIA personally known to me /~A'i!:'}~\ CHRlS.TINA lYNN RAVIX ~*i ':*, Commission # GG 277771 ~~;: .... '0.// Expires November 19, 2022 · ... 0.,., ,,' o ....... ThIu ......... ""'-.. Troy Flil IllSIUlInee 800-J8S.70t9 CITY OF SOUTH MIAMI PHASE II -PART 2 OF 2 FUCHS PARK IMPROVEMENTS RFP #PR2022 -f 9 SUBMITTAL DUE DATE: SEPTEMBER 7, 2022 AT fOAM The City is hereby requesting sealed proposals in response to this RFP #PR2022-19, PHASE II • PART 2 of 2 FUCHS PARK IMPROVEMENTS. The purpose of this Solicitation is to contract for the seNices necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B & C) and the plans and/or specifications, if any. described in this Solicitation (hereinafter referred to as 'the Project" or "P roject "). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following web page: http://www.southmiamlfl.gov/ which is the City of South Miami's web address for solicitation inlonnalion. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E· Bidding). To register as a business, go to hit s;,'t-network.demandstar.com/ Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the "Closing Date") on September 7, 2022 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, September 7, 2022. The City Clerk will conduct the E·Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at Illtps:/IzoomJjsfi/3056636339, . or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 8116 Nkenga A. Payne, CMC. FCRM City Clerk, City of South Miami 22-36/0000614715M